HomeMy WebLinkAbout20000386.tiff NOV 16 '99 04:25RM SECURITY TITLE GREELEY P.2/7
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2000-0386
NOV 16 '99 04:25AM SECURTTY TITLE GREELEY P.3/7
ji ' ° 1 1 i15418 86/27/18. Oat Nilav fl
1 .I 5 a 28.88 0 8.88 J8 liSt twee..%•
DEED OF TRUST
THIS DEED OP TRUST, is made this 1 1211% day of May, 1998, between
Charles L. Graves and Rebecca Now G Mazes whose
address
dds22 sssrisn1041 1lRed
ed
rs N Albuquerque PUBLIC"Grantor") , and TRt18TEE of the County
and State of Colorado, in which the below-described property is
located:
The Grantor, in order to secure obligations under a Promissory Note
(which together with Grantor's obligations under this Deed of Trust
is hereinafter called "Obligation") , bearing even date herewith and
payable to the order of OLD RELIANCE INSURANCE COMPANY, at its
principal place of business at 40 E. Virginia Avenue, Phoenix,
Arizona 85004 (hereinafter called "Beneficiary") , for the sum of
Fifty Thousand and No One-Hundredths Cellars (tom,00e terms pofa able
able
with all charges, fees and interest according tle in full o before
si
Obligation with the balance due and par
hay 1, 2028, and being desirous o! securing pa�r�nttheof the
aforesaid Obligation, does hereby grant•and convey
Trustee the following described property, situate in the County of
o Weld, State of' CbIoradb, to-wit:
g Lots 1 and 2, Block 46
C Aristocrat Rancbettes Second Filing
n
County of Weld-, Stets of Ca'lorada
a
TO HAinhID TO HOLD the same, together with all buildings, fixtures
and improvements thereon and all wevidenced,iirrigation
drainage,
reservoir or ditch rights, however tene e► ighis hereditament.,
way,
easements, rents, issues, profits, therewith,ment now or hereafter
usedprivileges and appurtenance, Donnthereof, subject to
used or enjoyed with said property, any pert
the right, power and authority hereinafter given to and conferred
upon the Beneficiary to collect and apply such rents, issues and
profits; in trust, nevertheless, thternset in
case of default said Obligation, in
the
payment or the owed edformancei of any or in the performance of any
indebtedness Beneficiary,
covenants herein or any default on +ama�ty� other instrument securing
the balance due, then upon the B4neficiery filing Notice of
Election and Demand for pale, Said Public Trustee, after
advertising notice of ridtsale
aleazw:e� y, for
circulation not
in less
sai than county,
shall in sous newspaper
the manner provided'by law in effect at
shall me1.1 l ngosarty
the time of filing said notice, in whole or in l parcels, i�t�h�
at public auction, for cash at any proper laid sale,designated cd Public
Notice of Sale. Out f the proceeds tt first all fees, charges
and
shall,o aftekings retaining saleo par
and casts o! making said sale and ad ising said property. and
N0V 16 '99 04 26AM SECURITY TITLE �E Y P.4/7
2515410
,fi��, ,,,� IOUI,�Y �®®
a of 3 R 34.44 3 ass AI Lei Tiainsete to the Beneficiary, or the
attorneys' feu ae herein provided, pay ne ciary, or
legal holder the Obligation,the the Beneficiary of of legal hold ofMt e
and all moneys advanced insurn by, repairs, tarts and assessments, ith
obligation for insurance, p• in the Obligation secured
en erin the overplus' if an the rate set y,unto the Grantor; and after
hereby, rendering said. public Trustee shall
expiration e of the time for redemption, shall be a
execute and deliver to the
sold.gar�of the� �� or f deeds ma of purchase,
a deed to the propertyGrntor's heirs and
perpetual in or against any claim of
therefrom' The beneficiary may
assigns, a law o rat or' any part thereof at such sale.
purchase said property
The Grantor covenants and agrees that at the time of delivery of
nefe simple,
Gr or right, owner full of record of said property
power and lawful authority
in fee timar, and has good in the manner and
to afore, here sell and conveybso the e all rights to have
as aforesaid hereby fully and absoluately' waiving Grantors say have
any marshalled, all n , propeclaimrty
such as a Homestead
in or to said lands, tenements, and prop�t� � virtue of ,;:,,
Exo*Ptton, or other exampties,
. * law or other federal or ettala law, now existing or which
may
passed in relation th reto and that the same are
free
hereafter be mess whatever, except 199s
taxe and clear etdue and payable and permitted Exceptions as set forth
taxes not yincorporated herein by
in Exhibit A that
hereto and ll warrant and forever
defend reference* and ve-brained arty n the quiet and pea
the ,bow- person or
possession er f the claiming or
claim the whole any part
persons l,YlL'1�,
thereof.
di
And that during the continuance of said Obligation or any
ppao
thereof, the Grantor will pay all if • and
junior encumbrances, oin
said property; all flaunts due on pr floe and repair; will not
any; will r keep said property fn good all property that may at
anstt a permit waste thereof; insured
keep with comprehensive general
any time be iont aaidin insurance
and against loss from extended
nes
ipnterruption,liability ma Wiens mischief, led
coverage, an, Tier, vandalism,am s such company or companies
coverage, and o said Oieal damage, friar U s, tits direct,
as the policies
of rid Obfoor fu aeavnt cost coverage, and
such v policies providing ll and reappraisals made at
providing for co-insurance only if t!t full insurable value of
prtervty is based upon appraisals to appraisers
s
intervals aisc of not sore �, with lose,an three 3iif any, payable cabll to the
Beneficiary r beneficiary,
Beneficiary hereunder, as its interest say appear; aEery hareundar as
the policy or policies of insurance to the bens
further security. for tier- aforesaid. Obligation-.
Upon written request by Beneficiary, Grantor shall pay to
beneficiary on the day monthly payments of principal and interest
are payable under the Note until the Note is paid in full, a sun
N0V
l SECURITY
ilnaREEL� P.5;7
asiMis tbli/iM5 Use li"1d Ce ty Dc
l e1 S a marl) s.M .la Wei taSate taxes and
(herein "Funds") equal to one-twelfth of the year1 Y
assessments which say attain priority over this Deed of Trust, plus
one-twelfth of yearly premium installments for hazard ion time all as reasonably estimated initially and
from time nd _ _
Beneficiary- on the basis of .assessments an.. DIIIs to marks able
sole
estimates thereof, Grantor ;hall not extentobligatedthat to nak makes
payments of Funds to Beneficiaryor deed of trust if
such payments to the holder of a prior mortgage are pledged as
such hctder is an institutional lender. The ear of eyed.
additional security for the sums secured by
If the amount of the Funds held by Beneficiary, together, with the
future monthly installments of Fends payable prior tothe due dates
rents, shall
of taxes, assessments, insurance premiums ttaaxes��sessaents and
exceed the amount required to pay shall insurance' premiums as they fallpromptly
repaid to Grantor or credited to
Grantor's option, n of
Grantor on monthly installments of Fends. If the amount taxess
Funds held by Beneficiary shal not has sufficient
ent. to pay
oraxes,
payeto tans and insurance punt L to make up the deficiency
ll
to VC...7IXXVXYXj Y.�:� amount necessary i Ione or sore payments as Beneficiary may require.
It all 'or any part of the property er an interest therein is sold
or transferred by Grantor without beneficiary's prior
withheld) ,
t
consent (which consent shall not be unreasonably
this excluding the creation of a lien orrt ury,s option, declare
all i Trust, Beneficiary may,
Deed. of Trust to be immediately due
and Obligations secured t by
and payable. Beneficiary may oonditi�n its con s t ���shall
have waived such option to accelerate if, prior is to be
transfer, Beneficiary and the person in writing property the s to of
sold orperson nsisrred reach agreementto Beneficiary, that the interest
such s is satisfactory secured ry this Deed of Trust shall be at such
payable a the sues by and that the transferee will pay
rate as Beneficiary shall request,
a reasonable loan assumption fee.
Beneficiary shall have all of the rights, title and earned acn of
f
Grantor in any insurancessold byoltheds and Public hereunder or if
the propertyand in any proceeds
resulting
acquires ay damage e to the property,prior to such sale or
rcquisitg from any t to the property hereunder shall
acquisition. No application of insurance proceeds installments extend or postpone the due dates or the 'amount of any a i stall.
scheduled under the Obligation secured by
In ciss of the failure of the Grantor to insure and deliver the
policies of insurance, or to pay such taxes or assessments or
amount due or to become due, or to make such advances as are a
proper cost or expense of preserving, repairing and mainiiring the
such
property, then the holder of said Obligation may procure ue upon
irsuranc:e, or pay such taxes or assessments or r or maintenance; and
prior encumbrances or for preservation, reps
NOV 16 '99 04:27RM SECURITY TITLE GREE Y P.6/7
EMWANDIN , eww . t
4 cf 5 0 7i.. 0 s.0 MUM TS!rte
all monies thus paid, with interest ' at the rata set forth
in the Obligation, or any other advance , shall become additional
indebtedness secured by this Deed of Trt is f not shall be pa poid ut of
of
t!e proceeds of the sale of the propert .
the Grantor; and the Beneficiary may, or such failure to insure
and deliver such insurance policies due,
mss, declare
or
assessments or amounts due or to t.
a violation of this covenant and mgr AND
ht of re
occrsheIN CASEreunder,Othe holder ofF ANY DEFAULT,said O ligationwher the g uor Certificate of
Purchase: shall at once baconsand to tled to
the possess and uselssession use and
thereof, the property,iand during the pendency of
thereof, from the accruing of such righ _ re
foreclosure proceedings and the period fry s, issues fna yrthere
be; and such possession, use, enjoymen
shall at once be delivered to the ho der of said Obligation or
r
Certificate of purchase on requ n-
est,. a oraffasl.. tbs.dslivery
such possession may be enforced by the older of said
civil Obligation
or
or
Certificate of Purchase by any a ropriate
and he holder of 'said ligation or Certificate of
purchase shall be entitled to a recei for said property,
and the rents, issues and profits th sof,
after
t proceedings dew ult,
erioding the m as matter
mp n,time covered by foram osure
, and shall be entitled
period of redemption, if any
thereto a of right without regard to the solvency or
insolvency of the Grantor or ofthe ta and. such-
saids property maywl
without regard_ to. the. valves e
appointed by any court of competent jurisdiction upon ex par,
application and without notice and al rents, issues an profits,
to
,
income and revenue therefrom shall be applied ysuch to law and
the payment of the Obligation hereby s cured, accordingat such time as
the orders and direction of the c . Ifpossessi of the property before or
Beneficiary is entitled to ti any action to gain
attar foreclosure, Beneficiary must bring on to gain
possession of the property from Gra or any ps
under Grantor, or to have a asceiver onable
anted, Grantor agrees to
pay to' Beneficiary thehrse'enable costs and attorneys' fees
incurred by Beneficiary
or case of a default unt in any
of said pa is of principal, interest
another em, o due part dthereof, a in case of o the erns of said
default in z any
any of! nstr, or any P the balm due, or of a breach or
other instrument securing eements herein made by the
violation of any of the covenants or qr
hereby; then and ndin that interest to e time of sale,e of said principal l other
su_ese;s hereby at once, at option of the legal holder
sum secured may payable, and said property be sold in
thereof, become and
the manner and with the same effect as if�said�� Trustee,has
matured. If foreclosure be made by
ion with said
reasonable attorney's fee for servo s in oeonne �Public Trustee as
foreclosure proceedings shall be all and byi foreclosure made
a part of the cost of foreclosure.
N0V 16 '99 04:28AM SECURITY TITLE GEggLEY
I ,,t NI JIS P.7/7
CO
6 el 6 R M/SO 6.66 .1 sal,TeJlwb
through the courts, a reasonable attorney''s fee shall be tint by'
the court as part of the costs of such foreclosure proceedings.
All obligations of Grantor are joint and several. The term
"Beneficiary" shall mean the holder of the Obligation secured
ttheeplural
uraTlhe singular nur uusnumber
erein includesas used singullaar� the plural and
the IN WITNESS year
WHEREOF,first the Grantor
n nits hereunto set its hand and seal ann.
GRANTOR:
es Graves
cca 3. Graves
STATE or NEW MEXICO ) sa.
COUNTY OFALs1Al6+tlge ) •
The re me is
14b-- day of Nayforegoing
996 y Char es E. s Graves nd�cecaoS. Graves.
e
witness sy hand and official seal.
My commission expires: 4e200ti
•
N a
r �
OFFICIAL SEAL
.;;;r....;.,..? 6:;L96+Pr Fr:OSE
(S E A L) :: STATE o) rat n,•.•
My Conan:6Non t.pwr. /_4.2t
11/22/99 16:14 FAX 5052933! KINKO'S Juan Tabo O003
DEED OF TRUST
THIS DEEI) OF TRUST, is made this / day of May, 1998, between
Charles E. GraVes and Rebecca S. Graves whose address is 1041 Red
Oaks LP NE, Albuquerque, New Mexico 87122 (herein called
"Grantor") , and the PUBLIC TRUSTEE of the County or City and County
and State of Colorado, in which the below-described property is
located.
The Grantor, in order to secure obligations under a Promissory Note
(which together with Grantor's obligations under this Deed of Trust
is hereinafter called "Obligation") , bearing even date herewith and
payable to the order of OLD RELIANCE INSURANCE COMPANY, at its
principal place of business at 40 E. Virginia Avenue, Phoenix,
Arizona 85004 (hereinafter called "Beneficiary") , for the sum of
Fifty Thousand and No One-Hundredths Dollars ($50,000.00) , payable
with all charges, fees and interest according to the terms of said
Obligation with the balance due and payable in full on or before
May 1, 2028, and being desirous of securing payment of the
aforesaid Obligation, does hereby grant and convey unto the Public
Trustee the following described property, situate in the County of
Weld, State of Colorado, to-wit:
Lots 1 and 2, Block 46
Aristocrat Ranchettes Second Filing
County of Weld, State of Colorado
TO HAVE AND TO HOLD the same, together with all buildings, fixtures
and improvements thereon and all water, irrigation, drainage,
reservoir or ditch rights, however evidenced, rights of way,
easements., rents, issues, profits, income tenements, hereditaments,
privileges and appurtenances, connected therewith, now or hereafter
used or enjoyed with said property, or any part thereof, subject to
the right, power and authority hereinafter given to and conferred
upon the Beneficiary to collect and apply such rents, issues and
profits; in trust, nevertheless, that in case of default in the
payment or the performance of any terms of said Obligation, or any
indebtedness owed Beneficiary, or in the performance of any
covenants herein or any default on any other instrument securing
the balance due, then upon the Beneficiary filing Notice of
Election and Demand for sale, said Public Trustee, after
advertising notice of said sale weekly, for not less than four
weeks, in some newspaper of general circulation in said county,
shall sell said property in the manner provided by law in effect at
the time of filing said notice, in whole or in parcels, and demand,
at public auction, for cash at any proper place designated in the
Notice of Sale. Out of the proceeds of said sale, said Public
Trustee shall, after retaining or paying first all fees, charges
and costs of making said sale and advertising said property, and
11,22/99 16:15 FAX 5052933' KINKO'S Juan Tabo Q 004
attorneys.' fees as herein provided, pay to the Beneficiary, or the
legal holder of the Obligation, the amount of such indebtedness,
and all moneys advanced by the Beneficiary of legal holder of the
Obligation for insurance, repairs, taxes and assessments, with
interest thereon at the rate set forth in the Obligation secured
hereby, rendering the overplus, if any, unto the Grantor; and after
expiration of the time for redemption, said Public Trustee shall
execute and deliver to the holder of the Certificate of Purchase,
a deed to the property sold. Such deed or deeds shall be a
perpetual bar against any claim of the Grantor, Grantor's heirs and
assigns, in law or equity, arising therefrom. The Beneficiary may
purchase said property or any part thereof at such sale.
The Grantor covenants and agrees that at the time of delivery of
these presents, the Grantor is the owner of record of said property
in fee simple, and has good right, full power and lawful authority
to grant, bargain, sell and convey the same in the manner and form
as aforesaid hereby fully and absolutely waiving all rights to have
any assets marshalled, all rights and claims the Grantors may have
in or to said lands, tenements, and property such as a Homestead
Exemption, or other exemption, under and by virtue of any
bankruptcy law or other federal or state law, now existing or which
may hereafter be passed in relation thereto and that the same are
free and clear of all liens and encumbrances whatever, except 1998
taxes not yet due and payable and Permitted Exceptions as set forth
in Exhibit A attached hereto and incorporated herein by this
reference; and that the Grantor shall and will warrant and forever
defend the above-bargained property in the quiet and peaceable
possession of the Public Trustee against all and every person or
persons lawfully claiming or to claim the whole or any part
thereof.
And that during the continuance of said Obligation or any part
thereof, the Grantor will pay all taxes and assessments levied on
said property; all amounts due on prior or junior encumbrances, if
any; will keep said property in good condition and repair; will not
commit or permit waste thereof; will keep all property that may at
any time be on said property, insured with comprehensive general
public liability insurance and against loss from business
interruption, fire, vandalism, malicious mischief, extended
coverage, and other physical damage, in such company or companies
as the holder of said Obligation may, from time to time direct,
such policies providing for full replacement cost coverage, and
providing for co-insurance only if the full insurable value of the
property is based upon appraisals and reappraisals made at
intervals of not more than three (3) years by appraisers
satisfactory to Beneficiary, with loss, if any, payable to the
Beneficiary hereunder, as its interest may appear; and will deliver
the policy or policies of insurance to the Beneficiary hereunder as
further security for the aforesaid Obligation.
Upon written request by Beneficiary, Grantor shall pay to
Beneficiary on the day monthly payments of principal and interest
are payable under the Note until the Note is paid in full, a sum
11/22/99 16:17 FAX 5052933' KINKO'S Juan Tabo Q005
(herein "Funds") equal 'to one-twelfth of the yearly taxes and
assessments which may attain priority over this Deed of Trust, plus
one-twelfth of yearly premium installments for hazard insurance,
all as reasonably estimated initially and from time to time by
Beneficiary on the basis of assessments and bills and reasonable
estimates thereof, Grantor shall• not be obligated to make such
payments of Funds to Beneficiary to the extent that Grantor makes
such payments to the holder of a prior mortgage or deed of trust if
such holder is an institutional lender. The Funds are pledged as
additional security for the sums secured by this Deed of Trust.
If the amount of the Funds held by Beneficiary, together, with the
future monthly installments of Funds payable prior to the due dates
of taxes, assessments, insurance premiums and ground rents, shall
exceed the amount required to pay said taxes, assessments and
insurance premiums as they fall due, such excess shall be, at
Grantor's option, either promptly repaid to Grantor or credited to
Grantor on monthly installments of Funds. If the amount of the
Funds held by Beneficiary shall not be sufficient to pay taxes,
assessments and insurance premiums as they fall due, Grantor shall
pay to Beneficiary any amount necessary to make up the deficiency
in one or more payments as Beneficiary may require.
If all or any part of the property or an interest therein is sold
or transferred by Grantor without Beneficiary's prior written
consent . (which consent shall not be unreasonably withheld) ,
excluding the creation of a lien or encumbrance subordinate to this
Deed of Trust, Beneficiary may, at Beneficiary's option, declare
all Obligations secured by this Deed of Trust to be immediately due
and payable. Beneficiary may condition its consent upon, and shall
have waived such option to accelerate if, prior to the sale or
transfer, Beneficiary and the person to whom the property is to be
sold or transferred reach agreement in writing that the credit of
such person is satisfactory to Beneficiary, that the interest
payable on the sums secured by this Deed of Trust shall be at such
rate as Beneficiary shall request, and that the transferee will pay
a reasonable loan assumption fee.
Beneficiary shall have all of the rights, title and interest of
Grantor in any insurance policies and unearned premiums thereon if
the property is sold by the Public Trustee hereunder or if
Beneficiary acquires title to the property, and in any proceeds
resulting from any damage to the property prior to such sale or
acquisition. No application of insurance proceeds hereunder shall
extend or postpone the due dates or the amount of any installments
scheduled under the Obligation secured by this Deed of Trust.
In case of the failure of the Grantor to insure and deliver the
policies of insurance, or to pay such taxes or assessments or
amount due or to become due, or to make such advances as are a
proper cost or expense of preserving, repairing and maintaining the
property, then the holder of said obligation may procure such
insurance, or pay such taxes or assessments or amounts due upon
prior encumbrances or for preservation, repair or maintenance; and
11,22/99 10:18 FAX 5052933' KINKO'S Juan Tabo (5006
all monies thus paid, with interest thereon at the rate set forth
in the Obligation, or any other advances, shall become additional
indebtedness secured by this Deed of Trust and shall be paid out of
the proceeds of the sale of the property, if not otherwise paid by
the Grantor;. and the Beneficiary may, for such failure to insure
and deliver such insurance policies or to pay such taxes or
assessments or amounts due or to become due, or expenses, declare
a violation of this covenant and agreement.
AND THAT IN CASE OF ANY DEFAULT, whereby the right of foreclosure
occurs hereunder, the holder of said Obligation or Certificate of
Purchase shall at once become entitled to the possession, use and
enjoyment of the property, and to the rents, issues and profits
thereof, from the accruing of such right and during the pendency of
foreclosure proceedings and the period of redemption, if any there
be; and such possession, use, enjoyment, rents, issues and profits
shall at once be delivered to the holder of said Obligation or
Certificate of Purchase on request, and on refusal, the delivery of
such possession may be enforced by the holder of said Obligation or
Certificate of Purchase by any appropriate civil suit or
proceeding, and the holder of said Obligation or Certificate of
Purchase shall be entitled to a receiver for said property, and of
the rents, issues and profits thereof, after such default,
including the time covered by foreclosure proceedings and the
period of redemption, if any there be, and shall be entitled
thereto as a matter of right without regard to the solvency or
insolvency of the Grantor or of the then owner of said property and
without regard to the value thereof, and such Receiver may be
appointed by any court of competent jurisdiction upon ex parte
application and without notice and all rents, issues and profits,
income and revenue therefrom shall be applied by such Receiver to
the payment of the Obligation hereby secured, according to law and
the orders and direction of the court. If at such time as
Beneficiary is entitled to possession of the property before or
after foreclosure, Beneficiary must bring any action to gain
possession of the property from Grantor or any person claiming
under Grantor, or to have a Receiver appointed, Grantor agrees to
pay to Beneficiary the reasonable costs and attorneys' fees
incurred by Beneficiary thereby.
In case of default in any of said payments of principal, interest
or other amounts due according to the terms of said Obligation, or
any of them, or any part thereof, or in case of default in any
other instrument securing the balance due, or of a breach or
violation of any of the covenants or agreements herein made by the
Grantor, then and in that case the whole of said principal sum
hereby secured, and the interest to the time of sale, and all other
sum secured hereby may at once, at the option of the legal holder
thereof, become due and payable, and the said property be sold in
the manner and with the same effect as if said indebtedness had
matured. If foreclosure be made by the Public Trustee, a
reasonable attorney's fee for services in connection with said
foreclosure proceedings shall be allowed by the Public Trustee as
a part of the cost of foreclosure, and if foreclosure be made
11;22/99 16:20 FAX 5052933?-' KINKO'S Juan Tabo 10 007
through the courts, a reasonable attorney's fee shall be taxed by
the court as part of the costs of such foreclosure proceedings.
All obligations of Grantor are joint and several. The term
"Beneficiary" shall mean the holder of the Obligation secured
hereby. The singular number as used herein includes the plural and
the plural number as used herein includes singular.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal
the day and year first above written.
GRANTOR:
arles E. Graves
ecca S. Graves
STATE OF NEW MEXICO )
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COUNTY OF !n (��, AUGN P )
The above and foregoing instrument
a Graves and Rebecca S. Graves
ws acknowledged
day of May, 1998, by Charles E
Witness my hand and official seal.^�,�n
My commission expires: bt r 001
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Notary _ 1 c
41 q OFFICIAL SEAL
V 1 MARGARET ROUSE
i e n pl a! pip,Tc
(S E A L) STATE OF NEW x;co
My Com.nlesion Expires FirZergi
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