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Home My WebLink About20000922.tiff 1400022 COLD-3006-C-1 • B 1413 REC 02360842 11/22/93 16:37 $35.0C 1/007 F 0496 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO '' r '12360'842 NORWEST MORTGAGE, INC. ATTN:Final Documentatlen:MS 0597 1200 MIDWEST PLAZA WEST 801 NICOLLET MINNEAPOU'n MINNESOTA 55402 (Space Above''This Line For Recording Data] DEED OF TRUST J _ THIS DEED OF TRUST("Security Instrument") is made on NOVEMBER 15 , 1993 , among the grantor, JAMES HOWARD BATES AND BONNIE LEE BATES, HUSBAND AND WIFE ("Borrower"), the Public Trustee of WELD County("Trustee"), and the beneficiary, • NORWEST MORTGAGE, INC. which is organized and existing under the laws of THE STATE OF MINNESOTA , and whose • ,. address is MINNESOTA SERVICE.CENTER, P.O.BOX 9270, DES MOINES, IA 503069270 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED THIRTEEN THOUSAND AND 00/100 Dollars(u.s. S****-1.13,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"), which provides for monthly payments,with the full debt, if not paid earlier,due and payable on DECEMBER 01, 2023 . - This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note, with in crest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this So .ity Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and tie trust herein created, i. • irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in .. Wy�ELL County, Colorado: SEL ATTACHED or r. • . ft TAX STATEMENTS SHOULD BE SENT TO: NORWEST MORTGAGE, INC. , P.O.EIOX 9270, DES MOINES. IA 503069270 which has the address of 36961 WELD COUNTY ROAD 31 EATON (street-City]. • Colorado 80615 ("Property Address"); (Zip Code) Form 3006 1191 i COLORADO-Single Femily-Fannie Mee/Freddfe Mee UNIFORM INSTRUMENT F'Qe l of e 4 . 5/9 i. - ©' -IIRICO)robs] MA MORTGAGE FORMS-FM312 3-eloo-10001521-7291 I E • 1�s -. ,(s g• , 6 H • 2000-0922 ' ' I i B 1413 REC 0.,60842 11/22/93 16: 37 $3 .00 2/007 • F 0497 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CC , CO 'r TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and 1- fixtures now or hereafter a part of the property. All replacements and additions shall also be co"ered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and • convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TI-US SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. - UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: L, Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due undt r the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full, a sum('Funds") for: (a)yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)yearly leasehold payments a, , or ground rents on the Property, if any; (c)yearly hazard or property insurance premiums; (d) yearly flood insuranc:e premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lenler, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called 'Escrow Items.' Lender may, at any time, collect .and hold Funds in an amount not to exceed the maximum amount s lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlenent Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 a seq. ("RESPA"), unless another law drat applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to ex;eed the lesser amount. c, Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future ,: Escrow Items or otherwise in accordance with applicable law. 1 ,i The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including. Lender, if Lender is such an institution)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the . Escrow Items. !ender may not carge Borrower for holding and applying the Funds, annually analyzing the escrow account, or -' h .). 1; verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such - -" a charge. However, Lend, -may require Borrower to pay a onetime charge for an independent real estte tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest of earnings on the Funds. • Borrower and Lender may agree in writing, however, that interest shall be paid 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 t_ debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this security Instrument. lithe Funds held by Len;ter exceed the amounts permitted to be held by applicable law, Lender stall account to Borrower for the: excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, anti, in such case Borrower ' •, shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly -efund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior :o the acquisition or sale • of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3.Application of Payments. Unless applicable law provides otherwise, all payments received by -ender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. .t 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attibutable to the Property which may attain priority over this Security instrument, and leasehold payments or ground rents, if my. Borrower shall pay these obligations in the manner provided in paragraph2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidenc ng the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)contests in good faith the lien - ;- by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or(c) secures from the holder of the lieu an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain. priority over i . this Security Instrument, Lender may give Borrower a notice idnuifying the lien. Borrower shall satis'y the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Form 3073,1/911i, 1 C)-6R(C01 isms, P .2 of 6 "'^'^C 77 m v 45' n .! • - .. s . .i, � = 1 1 B 1413 REC 02360842 11/22/93 16:37 $35 .00 1 3/007 r F 0498 MARY ANN FEUERSTEIN CLERIC & RECORDER WEL:) CO CO • 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage' and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the auaunts and for the periods - that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender i • " shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly giv:to Lender all receipts of i paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the inst ranee carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shill be applied to the sums j y secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums r4 secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to prircipal shall not extend or D postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of th.e payments. If • under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. • 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. a Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless i extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the y• Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be iu default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may ,. cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to ue dismissed with a ruling , that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Froperty or other material ✓ impairment of the lien created by this Security Instrument or Lender's security interest. Borrower ;hall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Under(or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee ;isle to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights n the Property (such as a - proceeding in bankruptcy, probate, for condemnation or forreirure or to enforce laws or regulations). then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. • Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of 3orrower secured by this .'• Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. _ 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. lf, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to t+e in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in.affect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve Form 30051//,9,1/!z 1D-6RtC0loro9, v.c..r of Stir?"144 1 , . i 1 ...lb I. 8 1413 REC 02360842 11/22/93 16:37 $35.00 4/007 • F 0499 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO payments may no longer be required, at the option of Lender, if mortgage insurance coverage(in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is ob ained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to rrovide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable taw. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any r' condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and i. shall be paid to Lender. • In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair , 1 market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security instrument immediately before the taking, unless Borrower and Lender otherwise agree in waiting, the sums secured by this Security instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total • amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately • J. before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secu rod immediately before the I. taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall i'i be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the co edemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its notion, either to restoration or repair of ihe Property or to the sums . :1 secured by this Security Instrument, whether ar not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or _ postpone the due date of the monthly payments referred to inparagraphs 1 and 2 or change the amount of such a ments. '� P Y P Y 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time fc r payment or modification ..i' of amortization of the sums secured by this Security Instrument granted by Lender to any successor ir. interest of Borrower shall '- i'� not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required toii 1 ; commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the origina. Borrower or Borrower's ' successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 1: 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, n bject to the provisions of �. paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security -!:' Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that "{ Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums ,, i secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or '. :, , make any accommodations with regard to the terms of this Security Instrument or the Note without th it Borrower's consent. ` 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other ban charges collected or to be collected in connection with the I` loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge . 1 to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits wilt be refunded to i. Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any • prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directxI to the Property Address I or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to • Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this • Security instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. - fI IS. Governing Law; Severability. This Security instrument shall be governed by federa law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrumert or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared 1 to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. . 3. Fenn�b o p. goo ts1 ) Rtcor ,om ramn ice: /,,J/L B 1413 REC 02360842 11/22/93 16 :37 $35.00 7/007 F 0502 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO iY Ft Parcel of land situate in the 51/2 2761/4 of Section 33, Township 7 North, Range 66 West of the 6th P.M. , being more particularly described as follows: Considering the East line of said NE1/4 as bearing N 00 Degrees 00'00" E, and with all other • bearings contained herein relative thereto; CON,MENCING at the East 1/4 Corner of said Section 33, thence N 00 Degrees 00'00" a distance of 546.29 feet to the POINT OF BEGINNING .i .. thence N 50 Degrees 58'00" W, a distance of 303.66 feet; thence N 43 Degrees 55'40" W, a distance of 102.89 feet; thence N 31 Degrees 20'00" W, a distance of 107.07 feet; thence N 15 Degrees 26'04" W, a distance of 101.47 feet; thence N 06 Degrees A2'04" W, a distance of 984.31 feet; -�• • thence S 70 Degrees 35'46" W, a distance of 18.0 feet; 1: • thence N 19 Degrees 24'14" W, a distance o£ 28.10 feet; l•'=. thence N 70 Degrees 35'46" E, a distance of 18.0 feet; thence N 41 Degrees 55'53" W, a distance of 311.77 feet; ;. thence along the North line of said Northeast 1/4, N 87 Degrees -} 05'46" E, a distance of 1057.95 feet to the Northeast Corner of said Section 33; thence along the East line of said Northeast 1/4, S 00 Degrees 00'00" W, a distance of 2116.20 feet to the 3 TRUE POINT OF BEGINNING. !I • • • CI _ . , . B 1413 REC 02360842 11/22/93 16: 37 $35.00 5/007 • 4 ' F 0500 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 17.Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it s, is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a.natural person)without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. if Lender exercises this option, ;der shall give Borrower notice of acceleration. The notice shay provide a period of not less than 30 days from the date the -...;ice is delivered or mailed within which Borrower must pay :dl sums secured by this Security Instrument. If Borrower fails ,o pay these sums prior to the expiration of this period, Lender nay invoke any remedies t . permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power cf sale contained in this Security Instrument; or(b)entry of a judgment enforcing this Security Instrument. Those conditions an:that Borrower: (a)pays .'- • Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) i cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure '..Th.. that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to aay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Secutty Instrument and the i obligations secured hereby shall remain fully effective as if no acceeration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph I7. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security - Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one " or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice wi I also contain any other information required by applicable law. =c 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any .- Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, o: storage on the Property of small quantities of Hazrdous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. • lorrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that �.' any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances' are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in .A this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (e) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and • (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to t reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence or a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, 4 Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without •further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, ressonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Properly to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 14. Trustee shall record a copy of the notice in the county in which tie Property is located.Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of ,. the notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by Forth M: a5RICC1 ioton TT. . N!MUM: >, .... l - , - visrimium . , . . COC6-3006-C-6 • • applicable law. After the time required by applicable law, Trustee, without demand on Borrower,shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale • In one or more parcels and in any order Trustee determines.Trustee may postpone sale of any parcel of the Property by .. public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. • Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be ;‘ entitled to Trustee's deed. The re::.:?!als in the Trustee's deed shall be prima facie evidence of the truth of the statements • ' made therein. Trustee shall apply ti proceeds of the sale in the following order. (a)to all expenses of the sale, including, a `f • but not limited to, reasonable Tru.:zee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to It. 22.Release. Upon payment of ail sums secured by this Security Instrument. Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security . Instrument.. Trustee shall release this Security Instrument without further inquiry or liabiiirr. Borrower shall pay any ., recordation costs and the statutory Trustee's fees. 23.Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. '• • 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement _ • the covenants and agreements of this Security Instrument as if the ridcr(s)were a part of this Security Instrument. [Check applicable box(es)] • A ❑Adjustable Rate Rider n Condominium Rider ❑ 1-4 Family Rider .` E]Graduated Payment Rider n Planned Unit Development Rider Biweetly Payment Rider :' .i. - Balloon Rider Rate Improvement Rider Second Home Rider ❑V.A. Rider Other(s) [specify] •; BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any riders)executed by Borrower and recorded with it. ,�' Witnesses: 2 n � �'' j�Z'hcn t s 't?lc ✓�ZS"", (/-/S-tSeal) I• JAMES HOWARD BATES -Borrower r i1I /L/t u . t ci_ ,E L.2— //'7c (Seal) BONNIE LEE•tATES / -Borrower (Seal) (Seal) • -Borrower -Borrower STATE OF COLORADO,WELD County ss: • 1 . The fo was acknowledged before me this 15TH day of NOVEMBER , 1` 1993 tr, ARD BATES AND BONNIE LEE BATES ne. ■y f�f lid eal. 7 • be y , . My Co n EzpuOeely U y�6%7 ' T - 7d �/ 3 VOl'% • ©-6R(COl alos1 ?wean Form 3006 1/91 a B 1413 REC 02360842 12 /22/93 16 :37 $35 .00 6/007 r F 0501 MARY ANN FEUFRF-EIN CLERK S RECORDER WELD CO. CO - ! ' Hello