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Home My WebLink About20011030.tiff RESOLUTION cl bI RE: ACCEPT FORM OF COLLATERAL FOR PHASES 5, 6, AND 7 OF BUFFALO RIDGE ESTATES, S #414 - MARTIN BROTHERS, LLC 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, by Resolution #971278, dated July 2, 1997, the Board approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Publicly Maintained Roads) with Martin Brothers, LLC, and WHEREAS, pursuant to said Improvements Agreement, the applicant submitted a Trust Deed for Phases 3 through 7 as collateral for Phases 1 and 2 of Major Subdivision, S #414, for Buffalo Ridge Estates, conditional upon the applicants providing a Trust Deed and title work for Phases 3 through 7, and WHEREAS, the obligation of Phase 3 was canceled by an addendum approved by Resolution 2000-1819, dated July 31, 2000, and the obligation of Phase 4 was canceled by an amended addendum approved by Resolution 2001-0192, dated January 22, 2001, and WHEREAS, the Board has been presented with three Deeds of Trust for Phases 5, 6, and 7 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Martin Brothers, LLC, with terms and conditions being as stated in said Deeds of Trust, and WHEREAS, after review, the Board deems it advisable to accept said Deeds of Trust, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Deeds of Trust for Phases 5, 6, and 7 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Martin Brothers, LLC, be, and hereby are, accepted. MID 111111111111 VIII IIII IIII 1111111 III VIII IIII IIII 2840969 04/16/2001 03:44P JA Suki Tsukamoto 1 of 14 ft 0.00 D 0.00 Weld County CO 2001-1030 SUBD BUFFALO RIDGE RE: ACCEPT FORM OF COLLATERAL FOR PHASES 5, 6, AND 7 - BUFFALO RIDGE ESTATES/MARTIN BROTHERS, LLC • PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D., 2001. BOARD OF COUNTY COMMISSIONERS ,� A WELD CO TY, COLORADO ATTEST: L/,,��'I/�� /7 Weld County Clerk to the Bo.r. L a` M' J. ir �eile, C :BY: / �ti,6t , �� 's . �11•nnVaad, en Deputy Clerk to the Bo:�nFv, A � CEP O DAS ORM: t (e Davi ong unty Attarn y Robert D. Masden 111111111111 111111110111111 111111 I I 11111 1111 I I I! 2840969 04/16/2001 03:44P JA Suki Tsukamoto 2 of 14 R 0.00 D 0.00 Weld County CO 2001-1030 SUBD BUFFALO RIDGE • DEED OF TRUST THIS DEED OF TRUST is made this 30th day of March, 2001, between MARTIN BROTHERS, LLC ("Debtor"), whose address is 147 South Denver Avenue,Ft.Lupton,Colorado 80621;and the Public Trustee of the County of Weld,Colorado("Trustee"); for the benefit of the COUNTY OF WELD, STATE OF COLORADO, acting through its Board of County Commissioners ("Beneficiary"),whose address is 915 10i°Street,Greeley,Colorado 80631. Debtor and Beneficiary covenant and agree as follows: 1. Property in Trust. Debtor, 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 of Colorado: Lots 6,7,8,and 11,Block 2 and Lots 5,6,and 7,Block 3 Buffalo Ridge Estates(Phase 5) commonly known as: vacant land 2. Obligation. This Deed of Trust is given to secure to Beneficiary the performance of the obligations of the Debtor pursuant to the Improvements Agreement According to Policy Regarding Collateral for Improvements(Publicly Maintained Roads)dated May 22, 1997,and recorded in Book 1615, Page 270,at Reception No.2557393 of the records of the Weld County Clerk and Recorder, as amended pursuant to the Addendum dated July 31,2000,and recorded at Reception No.2786670 of the records of the Weld County Clerk and Recorder and the Second Addendum dated January 22, 2001, and recorded at Reception No. 2823988 of the records of the Weld County Clerk and Recorder. 3. Title. Debtor covenants that Debtor 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,and recorded declarations,restrictions,reservations and covenants,if any,as of this date and except none other. 4. Priority Mortgages and Deeds of Trust;Charges; Liens. Debtor shall perform all of Debtor's obligations under any deed of trust and any other liens which have priority over this Deed of Trust or to which this Deed of Trust is subordinated. Debtor 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 Trust,and leasehold payments or ground rents,if any. Despite the foregoing,Debtor shall not be required to make payments otherwise required by this paragraph if Debtor, after notice to Beneficiary, shall in good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof. 5. Preservation and Maintenance of Property. Debtor 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. Debtor shall perform all of Debtor's obligations under any declarations, covenants, by-laws, rules or other documents governing the use,ownership or occupancy of the Property. 6. Protection of Beneficiary's Security. If Debtor fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a priority lien, or if any action or proceeding is commenced which materially affects Beneficiary's interest in the Property, then Beneficiary, at Beneficiary's option, without notice to Debtor unless required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Beneficiary's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Debtor hereby assigns to Beneficiary any right Debtor 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 Beneficiary pursuant to this paragraph,with interest thereon,shall become additional indebtedness of Debtor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Debtor requesting payment thereof, and Beneficiary may bring suit to collect any amounts so disbursed plus interest as specified in the Note. Nothing contained in this paragraph shall require Beneficiary to incur any expense or take any action hereunder. {W0703941 CGEi 1111111111111111111 IIIII 111111111111111 III 11111 VIAL 2840969 04/16/2001 03:44P JA Suki Tsukamoto 3 of 14 R 0.00 D 0.00 Weld County CO • • • 7. Inspection. Beneficiary may make or cause to be made reasonable entries upon and inspection of the Property, provided that Beneficiary shall give Debtor notice prior to any such inspection specifying reasonable cause therefor related to Beneficiary's interest in the Property. 8. 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 Beneficiary as herein provided. However,all of the rights of Debtor and Beneficiary 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 Debtor. 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 Debtor,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 Debtor's equity in the Property immediately prior to the date of taking. Debtor's equity means the fair market value less the amount of sums secured by both this Deed of Trust and all priority liens(except taxes). If the Property is abandoned by Debtor,or if,after notice by Beneficiary to Debtor that the condemnor offers to make an award or settle a claim for damages, Debtor fails to respond to Beneficiary within 30 days after the date such notice is given, Beneficiary is authorized to collect and apply the proceeds,at Beneficiary's option,either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 9. Debtor Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Debtor shall not operate to release,in any manner,the liability of the original Debtor, nor Debtor's successors in interest, from the original terms of this Deed of Trust. Beneficiary 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 Debtor nor Debtor's successors in interest. 10. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder,or otherwise afforded by law,shall not be a waiver or preclude the exercise of any such right or remedy. 11. Remedies Cumulative. Each remedy provided in this Deed of Trust is distinct from and cumulative to all other rights or remedies under this Deed of Trust or afforded by law or equity,and may be exercised concurrently,independently or successively. 12. 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 Beneficiary and Debtor,subject to the provisions of the paragraph hereof entitled"Transfer of the Property;Assumption." All covenants and agreements of Debtor 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. 13. Notice. Except for any notice required by law to be given in another manner,(a)any notice to Debtor provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (I) delivery to Debtor or (2) mailing such notice by certified mail, return receipt requested, addressed to Debtor at Debtor's address stated herein or at such other address as Debtor may designate by notice to Beneficiary as provided herein,and (b)any notice to Beneficiary shall be in writing and shall be given and be effective upon(1)delivery to Beneficiary or(2)mailing such notice by certified mail, return receipt requested,to Beneficiary's address stated herein or to such other address as Beneficiary may designate by notice to Debtor as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Debtor or Beneficiary when given in any manner designated herein. 14. Governing Law; Severability. 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 conflicts with the law,such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision,and to this end the provisions of the Deed of Trust is declared to be severable. 1S. Acceleration; Foreclosure; Other Remedies. Except as provided in the paragraph hereof entitled "Transfer of the Property;Assumption,"upon Debtor's breach of any covenant or agreement of Debtor in this Deed of Trust,or upon any default in a prior lien upon the Property, at Beneficiary's option, all of the sums secured by this Deed of Trust shall be immediately due and payable ("Acceleration"). To exercise this option, Beneficiary may invoke the power of sale and any other remedies permitted by law. 1W0703941 CGEl 111111111111111111111111 IIII IIII 1111111 III 11111 Ell IIII 2840969 04/16/2001 03:44P JA Suki Tsukamoto 4 of 14 R 0.00 D 0.00 Weld County CO Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including,but not limited to,reasonable attorney's fees. If Beneficiary invokes the power of sale, Beneficiary shall given written notice to Trustee of such election. Trustee shall give such notice to Debtor of Debtor'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 Debtor and other persons as prescribed by law. After the lapse of such time as may be required by law,Trustee,without demand on Debtor,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. Beneficiary or Beneficiary'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. 16. Debtor'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. 17. Assignment of Rents; Appointment of Receiver; Beneficiary in Possession. As additional security hereunder, Debtor hereby assigns to Beneficiary the rents of the Property;however, Debtor shall,prior to Acceleration under the paragraph hereof entitled"Acceleration; Foreclosure;Other Remedies"or abandonment of the Property,have the right to collect and retain such rents as they become due and payable. Beneficiary or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under the paragraph hereof entitled"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 Debtor 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 Acceleration under the paragraph hereof entitled "Acceleration; Foreclosure; Other Remedies" or abandonment of the Property, Beneficiary, 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 Beneficiary 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. Beneficiary and the receiver shall be liable to account only for those rents actually received. 18. Release. Upon performance of all obligations secured by this Deed of Trust as evidenced by a Resolution to that effect executed by the Board of County Commissioners of the County of Weld, State of Colorado ("Resolution"), Beneficiary shall cause Trustee to release this Deed of Trust and shall produce for Trustee a copy of the Resolution. Debtor shall pay all costs of recordation and shall pay the statutory Trustee's fees. 19. Waiver of Exemptions. Debtor hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. 20. Transfer of the Property; Assumption. The following events shall be referred to 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 Beneficiary in the event of each and every Transfer: ;W0703941 ccE) 1 111111 111 111111111111 I I I I I I I I 111111 III 1111 2840969 04/16/2001 03:44P JA Suki Tsukamoto 5 of 14 R 0.00 D 0.00 Weld County CO • • (a) All suns secured by this Deed of Trust shall become immediately due and payable(Acceleration). (b) If a Transfer occurs and should Beneficiary not exercise Beneficiary's option pursuant to this paragraph to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Debtor 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 Beneficiary may without notice to the Debtor deal with Transferee in the same manner as with the Debtor 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 Debtor's liability hereunder for the obligations hereby secured. (e) Should Beneficiary 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 Beneficiary has actual or constructive notice of such Transfer,shall not be deemed a waiver of Beneficiary's right to make such election nor shall Beneficiary be estoppel therefrom by virtue thereof. The issuance on behalf of the Beneficiary of a routine statement showing the status of the loan, whether or not Beneficiary had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Beneficiary's said rights. 21. Debtor's Copy. Debtor acknowledges receipt of a copy of this Deed of Trust. EXECUTED as of the day and year first written above. DEBTOR: MARTIN BROTHERS,LLC • By: (�{2,lYiree_!fCQ7.71.^^ Clara ee Martin,Manager STATE OF COLORADO )ss. COUNTY OF Boo r)FR ) The foregoing instrument was acknowledged before me this 30'" day of March, 2001, by Clara Lee Martin, as Manager of MARTIN BROTHERS,LLC. Witness my hand and official seal. -n -yc cr am MGy \th Notary , c.y(n.•can�- .... �;••'pTAiq. Ili My commission expires: „p// p/a 3 I , •• III % % 1- CO "�C. tW0703941 CUE) 1 111111 11111 1111111 11111 1111 11111111111 III VIII IIII IIII 2840969 04/16/2001 03:44P JA Suki Tsukamoto 6 of 14 R 0.00 D 0.00 Weld County CO • • • • DEED OF TRUST • THIS DEED OF TRUST is made this 30* day of March, 2001, between MARTIN BROTHERS, LLC ("Debtor"), whose address is 147 South Denver Avenue,Ft.Lupton,Colorado 80621;and the Public Trustee of the County of Weld,Colorado("Trustee"); for the benefit of the COUNTY OF WELD, STATE OF COLORADO, acting through its Board of County Commissioners ("Beneficiary"),whose address is 915 10*Street,Greeley,Colorado 80631. Debtor and Beneficiary covenant and agree as follows: 1. Property in Trust. Debtor, 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 of Colorado: Lots I and 2,Block 1 Lots l and 2,Block 2 and Lots 1-4,Block 3 Buffalo Ridge Estates(Phase 6) commonly known as: vacant land 2. Obligation. This Deed of Trust is given to secure to Beneficiary the performance of the obligations of the Debtor pursuant to the Improvements Agreement According to Policy Regarding Collateral for Improvements(Publicly Maintained Roads)dated May 22, 1997,and recorded in Book 1615,Page 270,at Reception No.2557393 of the records of the Weld County Clerk and Recorder, as amended pursuant to the Addendum dated July 31,2000,and recorded at Reception No. 2786670 of the records of the Weld County Clerk and Recorder and the Second Addendum dated January 22,2001, and recorded at Reception No. 2823988 of the records of the Weld County Clerk and Recorder. 3. Title. Debtor covenants that Debtor 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,and recorded declarations,restrictions,reservations and covenants,if any,as of this date and except none other. 4. Priority Mortgages and Deeds of Trust;Charges;Liens. Debtor shall perform all of Debtor's obligations under any deed of trust and any other liens which have priority over this Deed of Trust or to which this Deed of Trust is subordinated. Debtor 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 Trust,and leasehold payments or ground rents,if any. Despite the foregoing,Debtor shall not be required to make payments otherwise required by this paragraph if Debtor, after notice to Beneficiary, shall in good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof. 5. Preservation and Maintenance of Property. Debtor 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. Debtor shall perform all of Debtor's obligations under any declarations, covenants, by-laws, rules or other documents governing the use,ownership or occupancy of the Property. 6. Protection of Beneficiary's Security. If Debtor fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a priority lien, or if any action or proceeding is commenced which materially affects Beneficiary's interest in the Property, then Beneficiary, at Beneficiary's option, without notice to Debtor unless required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Beneficiary's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Debtor hereby assigns to Beneficiary any right Debtor 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 Beneficiary pursuant to this paragraph,with interest thereon,shall become additional indebtedness of Debtor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Debtor requesting payment thereof, and Beneficiary may bring suit to collect any amounts so disbursed plus interest as specified in the Note. Nothing contained in (W0704018 CGE) HIED "III IIIIIII VIII I'll III' IIIIIII III VIII IIII I'll 2840969 04/16/2001 03:44P JA Suki Tsukamoto 7 of 14 R 0.00 D 0.00 Weld County CO • this paragraph shall require Beneficiary to incur any expense or take any action hereunder. 7. Inspection. Beneficiary may make or cause to be made reasonable entries upon and inspection of the Property, provided that Beneficiary shall give Debtor notice prior to any such inspection specifying reasonable cause therefor related to Beneficiary's interest in the Property. 8. 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 Beneficiary as herein provided. However,all of the rights of Debtor and Beneficiary hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed of mist. 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 Debtor. 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 Debtor,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 Debtor's equity in the Property immediately prior to the date of taking. Debtor's equity means the fair market value less the amount of sums secured by both this Deed of Trust and all priority liens(except taxes). If the Property is abandoned by Debtor,or if,after notice by Beneficiary to Debtor that the condemnor offers to make an award or settle a claim for damages, Debtor fails to respond to Beneficiary within 30 days after the date such notice is given, Beneficiary is authorized to collect and apply the proceeds,at Beneficiary's option,either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 9. Debtor Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Debtor shall not operate to release, in any manner,the liability of the original Debtor,nor Debtor's successors in interest, from the original terms of this Deed of Trust. Beneficiary 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 Debtor nor Debtor's successors in interest. 10. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder,or otherwise afforded by law,shall not be a waiver or preclude the exercise of any such right or remedy. 11. Remedies Cumulative. Each remedy provided in this Deed of Trust is distinct from and cumulative to all other rights or remedies under this Deed of Trust or afforded by law or equity,and may be exercised concurrently,independently or successively. 12. 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 Beneficiary and Debtor,subject to the provisions of the paragraph hereof entitled"Transfer of the Property;Assumption." All covenants and agreements of Debtor 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. 13. Notice. Except for any notice required by law to be given in another manner,(a)any notice to Debtor provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (I) delivery to Debtor or(2) mailing such notice by certified mail, return receipt requested, addressed to Debtor at Debtor's address stated herein or at such other address as Debtor may designate by notice to Beneficiary as provided herein, and (b) any notice to Beneficiary shall be in writing and shall be given and be effective upon(I)delivery to Beneficiary or(2)mailing such notice by certified mail, return receipt requested,to Beneficiary's address stated herein or to such other address as Beneficiary may designate by notice to Debtor as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Debtor or Beneficiary when given in any manner designated herein. 14. Governing Law; Severability. 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 conflicts with the law,such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision,and to this end the provisions of the Deed of Trust is declared to be severable. 15. Acceleration; Foreclosure; Other Remedies. Except as provided in the paragraph hereof entitled"Transfer of the Property;Assumption,"upon Debtor's breach of any covenant or agreement of Debtor in this Deed of Trust,or upon any default in a prior lien upon the Property, at Beneficiary's option, all of the sums secured by this Deed of Trust shall be immediately due and payable {W070401 t CGE) 1 111111 11111 1111111 11111 1111 IIII 1111111 III 11111 I1ll 1111 2840969 04/16/2001 03:44P JA Suki Tsukamoto 8 of 14 R 0.00 D 0.00 Weld County CO ("Acceleration"). To exercise this option, Beneficiary may invoke the power of sale and any other remedies permitted by law. ,Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including,but not limited to,reasonable attorney's fees. If Beneficiary invokes the power of sale, Beneficiary shall given written notice to Trustee of such election. Trustee shall give such notice to Debtor of Debtor'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 Debtor and other persons as prescribed by law. After the lapse of such time as may be required by law,Trustee,without demand on Debtor,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, Beneficiary or Beneficiary'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. 16. Debtor'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. 17. Assignment of Rents; Appointment of Receiver; Beneficiary in Possession. As additional security hereunder, Debtor hereby assigns to Beneficiary the rents of the Property;however,Debtor shall,prior to Acceleration under the paragraph hereof entitled"Acceleration;Foreclosure;Other Remedies" or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Beneficiary or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under the paragraph hereof entitled"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 Debtor 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 pane application and without notice-notice being hereby expressly waived. Upon Acceleration under the paragraph hereof entitled "Acceleration; Foreclosure; Other Remedies" or abandonment of'the Property, Beneficiary, 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 Beneficiary 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 Beneficiary and the receiver shall be liable to account only for those rents actually received 18. Release. Upon performance of all obligations secured by this Deed of Trust as evidenced by a Resolution to that effect executed by the Board of County Commissioners of the County of Weld, State of Colorado ("Resolution"), Beneficiary shall cause Trustee to release this Deed of Trust and shall produce for Trustee a copy of the Resolution. Debtor shall pay all costs of recordation and shall pay the statutory Trustee's fees. 19. Waiver of Exemptions. Debtor hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. 20. Transfer of the Property; Assumption. The following events shall be referred to 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 pos ssory 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. t W0704018 CGE) 1111111 VIII 1111111 111111111 IIII 1'11111 III 11111 1111 IIII 9 0 8 /969 04/16/2001 0 00 0 0.00 We 003:44P idJcAoSuun 4PidJ0ounty c0 kamoto At the election of Beneficiary in the event of each and every Transfer: (a) All sums secured by this Deed of Trust shall become immediately due and payable(Acceleration). (b) If a Transfer occurs and should Beneficiary not exercise Beneficiary's option pursuant to this paragraph to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Debtor 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 Beneficiary may without notice to the Debtor deal with Transferee in the same manner as with the Debtor 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 Debtor's liability hereunder for the obligations hereby secured. (C) Should Beneficiary 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 Beneficiary has actual or constructive notice of such Transfer,shall not be deemed a waiver of Beneficiary's right to make such election nor shall Beneficiary be estopped therefrom by virtue thereof. The issuance on behalf of the Beneficiary of a routine statement showing the status of the loan, whether or not Beneficiary had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Beneficiary's said rights. 21. Debtor's Copy. Debtor acknowledges receipt of a copy of this Deed of Trust. EXECUTED as of the day and year first written above. DEBTOR: MARTIN BROTHERS,LLC BY: l tan,-.,rc �Z�lYti^" �'� Clara Lee Martin,Manager STATE OF COLORADO ) )ss. COUNTY OF 1-30 LD E e ) The foregoing instrument was acknowledged before me this 30th day of March, 2001, by Clara Lee Martin, as Manager of MARTIN BROTHERS,LLC. Witness my hand and official seal. .` Notary Public McAt4 t My commission expires: a AB ,0 3 i • i ••• O oh °BO 1W071:14018 CGE) 12118014 IIII 191141011441111.10111 III IIII IIII IIIIIII III IIIIII III IIII 096 0 0044WeIdAck! v CO alnoto • DEED OF TRUST THIS DEED OF TRUST is made this 30e day of March, 2001, between MARTIN BROTHERS, LLC ("Debtor"), whose address is 147 South Denver Avenue,Ft. Lupton,Colorado 80621;and the Public Trustee of the County of Weld,Colorado("Trustee"): for the benefit of the COUNTY OF WELD, STATE OF COLORADO, acting through its Board of County Commissioners ("Beneficiary"),whose address is 915 10e Street,Greeley,Colorado 80631. Debtor and Beneficiary covenant and agree as follows: L Property in Trust. Debtor, 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 of Colorado: Lots 1-7,Block 7 Buffalo Ridge Estates(Phase 7) commonly known as: vacant land 2. Obligation. This Deed of Trust is given to secure to Beneficiary the performance of the obligations of the Debtor pursuant to the Improvements Agreement According to Policy Regarding Collateral for Improvements(Publicly Maintained Roads)dated May 22, 1997, and recorded in Book 1615,Page 270.at Reception No.2557393 of the records of the Weld County Clerk and Recorder, as amended pursuant to the Addendum dated July 31,2000,and recorded at Reception No. 2786670 of the records of the Weld County Clerk and Recorder and the Second Addendum dated January 22, 2001, and recorded at Reception No. 2823988 of the records of the Weld County Clerk and Recorder. 3. Title. Debtor covenants that Debtor 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,and recorded declarations,restrictions,reservations and covenants,if any,as of this date and except none other. 4. Priority Mortgages and Deeds of Trust;Charges;Liens. Debtor shall perform all of Debtor's obligations under any deed of trust and any other hens which have priority over this Deed of Trust or to which this Deed of Trust is subordinated. Debtor 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 Trust,and leasehold payments or ground rents,if any. Despite the foregoing,Debtor shall not be required to make payments otherwise required by this paragraph if Debtor, after notice to Beneficiary, shall in good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof. 5. Preservation and Maintenance of Property. Debtor 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. Debtor shall perform all of Debtor's obligations under any declarations, covenants, by-laws, rules or other documents governing the use,ownership or occupancy of the Property. 6. Protection of Beneficiary's Security. If Debtor fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a priority lien, or if any action or proceeding is commenced which materially affects Beneficiary's interest in the Property, then Beneficiary, at Beneficiary's option, without notice to Debtor unless required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Beneficiary's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Debtor hereby assigns to Beneficiary any right Debtor 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 Beneficiary pursuant to this paragraph,with interest thereon,shall become additional indebtedness of Debtor secured by this Deed of Trust. Such amounts shall be payable upon notice from Beneficiary to Debtor requesting payment thereof,and Beneficiary may bring suit to collect any amounts so disbursed plus interest as specified in the Note. Nothing contained in this paragraph shall require Beneficiary to incur any expense or take any action hereunder. (W0704019 CGE) • 1111111 11111 1111111 11111 1111 1111 1111111 III 111111 III IIII 2840969 04/16/2001 03:44P JA Suki Tsukamoto 11 of 14 R 0.00 D 0.00 Weld County CO 7. Inspection. Beneficiary may make or cause to be made reasonable entries upon and inspection of the Properly, provided that Beneficiary shall give Debtor notice prior to any such inspection specifying reasonable cause therefor related to Beneficiary's interest in the Property. 8. 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 Beneficiary as herein provided. However,all of the rights of Debtor and Beneficiary 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 Debtor. 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 Debtor,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 Debtor's equity in the Property immediately prior to the date of taking. Debtor's equity means the fair market value less the amount of sums secured by both this Deed of Trust and all priority liens(except taxes). If the Property is abandoned by Debtor,or if,after notice by Beneficiary to Debtor that the condemnor offers to make an award or settle a claim for damages, Debtor fails to respond to Beneficiary within 30 days after the date such notice is given, Beneficiary is authorized to collect and apply the proceeds,at Beneficiary's option,either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 9. Debtor Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Debtor shall not operate to release, in any manner,the liability of the original Debtor,nor Debtor's successors in interest, from the original terms of this Deed of Trust. Beneficiary 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 Debtor nor Debtor's successors in interest. 10. Forbearance by Beneficiary Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder,or otherwise afforded by law,shall not be a waiver or preclude the exercise of any such right or remedy. 11. Remedies Cumulative. Each remedy provided in this Deed of Trust is distinct from and cumulative to all other rights or remedies under this Deed of Trust or afforded by law or equity,and may be exercised concurrently,independently or successively. 12. 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 Beneficiary and Debtor, subject to the provisions of the paragraph hereof entitled"Transfer of the Property;Assumption." All covenants and agreements of Debtor 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 13. Notice. Except for any notice required by law to be given in another manner,(a)any notice to Debtor provided for in this Deed of'Trust shall be in writing and shall be given and be effective upon (I) delivery to Debtor or(2) mailing such notice by certified mail, return receipt requested, addressed to Debtor at Debtor's address stated herein or at such other address as Debtor may designate by notice to Beneficiary as provided herein, and (b) any notice to Beneficiary shall be in writing and shall be given and be effective upon(1)delivery to Beneficiary or(2)mailing such notice by certified mail, return receipt requested, to Beneficiary's address stated herein or to such other address as Beneficiary may designate by notice to Debtor as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Debtor or Beneficiary when given in any manner designated herein. 14. Governing Law; Severability. 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 conflicts with the law,such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision,and to this end the provisions of the Deed of Trust is declared to be severable. 15. Acceleration; Foreclosure; Other Remedies. Except as provided in the paragraph hereof entitled"Transfer of the Property;Assumption,"upon Debtor's breach of any covenant or agreement of Debtor in this Deed of Trust,or upon any default in a prior lien upon the Property, at Beneficiary's option, all of the sums secured by this Deed of Trust shall be immediately due and payable ("Acceleration"). To exercise this option, Beneficiary may invoke the power of sale and any other remedies permitted by law. t W 0704019 CGE1 1 111111 11111 1111111 11111 IIII IIII 1111111 III 111111 III IIII 2840969 04/16/2001 03:44P JA Suki Tsukamoto 12 of 14 R 0.00 D 0.00 Weld County CO 3 Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, „ including,but not limited to,reasonable attorney's fees. If Beneficiary invokes the power of sale, Beneficiary shall given written notice to Trustee of such election. Trustee shall give such notice to Debtor of Debtor'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 Debtor and other persons as prescribed by law. After the lapse of such time as may be required by law,Trustee,without demand on Debtor,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. Beneficiary or Beneficiary'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. 16. Debtor'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. 17. Assignment of Rents; Appointment of Receiver; Beneficiary in Possession. As additional security hereunder, Debtor hereby assigns to Beneficiary the rents of the Property;however, Debtor shall,prior to Acceleration under the paragraph hereof entitled"Acceleration; Foreclosure; Other Remedies"or abandonment of the Property,have the right to collect and retain such rents as they become due and payable. Beneficiary or the holder of the T'rustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under the paragraph hereof entitled"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 Debtor 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 Acceleration under the paragraph hereof entitled "Acceleration; Foreclosure; Other Remedies" or abandonment of the Property, Beneficiary, 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 Beneficiary or the receiver shall be applied,fist,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. Beneficiary and the receiver shall be liable to account only for those rents actually received. 18. Release. Upon performance of all obligations secured by this Deed of Trust as evidenced by a Resolution to that effect executed by the Board of County Commissioners of the County of Weld, State of Colorado ("Resolution"), Beneficiary shall cause Trustee to release this Deed of Trust and shall produce for Trustee a copy of the Resolution. Debtor shall pay all costs of recordation and shall pay the statutory Trustee's fees. 19. Waiver of Exemptions. Debtor hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. 20. Transfer of the Property; Assumption. The following events shall be referred to 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 Beneficiary in the event of each and every Transfer: (W0704019 CGE) 111111 11111 111111111111 IIII IIII 1111111 III 111111 III IIII 2840969 04/16/2001 03:44P JA Sukt Tsukamoto - 13 of 14 R 0.00 D 0.00 Weld County CO (a) All sums secured by this Deed of Trust shall become immediately due and payable(Acceleration). (b) If a Transfer occurs and should Beneficiary not exercise Beneficiary's option pursuant to this paragraph to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Debtor 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 Beneficiary may without notice to the Debtor deal with Transferee in the same manner as with the Debtor 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 Debtor's liability hereunder for the obligations hereby secured. (c) Should Beneficiary 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 Beneficiary has actual or constructive notice of such Transfer,shall not be deemed a waiver of Beneficiary's right to make such election nor shall Beneficiary be estopped therefrom by virtue thereof. The issuance on behalf of the Beneficiary of a routine statement showing the status of the loan, whether or not Beneficiary had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Beneficiary's said rights. 21. Debtor's Copy. Debtor acknowledges receipt of a copy of this Deed of Trust. EXECUTED as of the day and year first written above. DEBTOR: MARTIN BROTHERS,LLC By: C ara Lee artm Manager STATE OF COLORADO )ss. COUNTY OF MouLbER The foregoing instrument was acknowledged before me this 30's day of March, 2001, by Clara Lee Martin, as Manager of MARTIN BROTHERS,LLC. Witness my hand and official seal. O1441; Notary Public o'.A/4'j�4 rt My commission expires: i P o 3 twit/ • • j t p : tt �J3yNG:Pp� ttp``. • OF CD't7 (W0704at9CGE) 1 IIIIII 111 1111111 11111 IIII IIII IIIIIII III IIIIII 1111111 2840969 04/16/2001 03:44P JA SukiTsukatnoto 14 of 14 R 0.00 0 0.00 Weld County CO HUTCHINSON BLACK AND COOK,LLC FORREST E.COOK BRIGETrEM.PAIGE WILLIAM D.MEYER CHRISTOPHER W FORD JAMES IE P.KERx L.CARPENTER,JR. KIMBERLY M.HULT ATTORNEYS AT LAW Bnnve (Also AAdmittedAdmittedis NY and PA) BRENDAN CHATHAM CLARK G.EDWARDS ANDREW I PETERNELL SINCE 1 8 9 r DAVID M.PACKARD JAMES ENGLAND Of Counsel 921 WALNUT STREET,SUITE 200 PHN B.GREER ' STANLEY A.BLACK BOULDER,COLORADO 80302-5113 C.BRAD PETERSON CHRISTOPHER R.BRAU D CH MICHAEL E.MINER MARGARET L.TOAL TELEPHONE(303)442-6514 • FAX(303)442-6593 STEVEN A.ERICKSON CATHERINE DUKE EDWARDS law@hbcbouldercom CARLA WILLIAMS SLEDGE BRUCE D.WRUNGDUDLEY I.HUTCHINSON(1887-1967) DUDLEY I.HUTCHINSON,JR.(1916-1970) MAILING ADDRESS T.HENRY HUTCHINSON,RETIRED P.O.BOX 1170 A Member of the Network of Leading Law Firms BOULDER,COLORADO 80306-1170 "A World-Wide Association of Independent Law Firms" March 30, 2001 l fJl. 1 A 'iR 0 ? 2001 Via Federal Express I. LS Lee D. Morrison, Esq. Cr (}�'TY AI „',11__ t_+ r Ot FICE Weld County Attorney's Office 915 10th St. Greeley, CO 80632 Dear Lee: Enclosed are the originals of the three Deeds of Trust which have been executed by Clara Lee Martin. Also enclosed is the original ownership and encumbrance report. Very truly yours, C ark G. Edwards CGE:mkm Enclosures cc: Ms. Clara Lee Martin (W0704029 CGE) 2001-1030 FigTO: Weld County ATTN: Lee D. Morrison Title Py PAGES SENT: 1 GUARANTEE COMPANY OWNERSHIP AND EMCUMBRANCE REPORT PROPERTY INFORMATION ADDRESS: Vacant Land OWNERSHIP: Martin Brothers, LLC LEGAL DESCRIPTION: Lot 6,7,8,11 Block 2 and Lot 5,6,7 Block 3,Buffalo Ridge Estates(Phase 5); Lot 1 and 2, Block 1,Lots 1 and 2,Block 2 and Lots 1-4, Block 3,Buffalo Ridge Estates(Phase 6); Lots 1-7,Block 7, Buffalo Ridge Estates(Phase 7); All in County of Weld,State of Colorado. SEARCHED THROUGH: 03/05/2001 Liens: None BY: Dan Greenfield Land Title Guarantee Company 3615 Mitchell Drive Fort Collins, CO 80525 Phone: 970-282-3649 Fax: 970-282-3652 Email: dgreenfield@ltgc.com Hello