HomeMy WebLinkAbout20000822.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST GREGORY AND CATHY TUTTLE FOR VIOLATION OF
THE WELD COUNTY ZONING ORDINANCE
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, Gregory and Cathy Tuttle, VI #9900375, are allegedly in violation of the
Weld County Zoning Ordinance, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 11th day of April, 2000, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Gregory and Cathy Tuttle, property owners, were present at said hearing,
and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until June 15, 2000, to allow adequate time for the property owners to
bring the subject property into compliance and for an inspection of the property by the
Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #990375 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Gregory and Cathy Tuttle to remedy the violation of the
Weld County Zoning Ordinance, and any other persons occupying the properties, any persons
claiming an interest in the properties, and any persons acting in active concert with the
identified parties, with an instruction for delay of action upon such referral until June 15, 2000,
to allow adequate time for the property owners to bring the subject property into compliance.
2000-0822
PL0824
0 PL kL 011
VIOLATIONS - VI #9900375 - GREGORY AND CATHY TUTTLE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of April, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: AL / BarbaraJ. meWeld County Clerk tot j% !flc,Oree . - 2--\
%1 ,P
BY: 'Ci . rf+i
1 . J. eile, Pro-Tem
Deputy Clerk to the trll�.Cj":C -\- / ' r..
��_ ''r'- -/Georg E. Baxter ,
APPROVED AS TQ'IORM:
! / (_1 _ Dae . Hall
�6 ty Attof�eY ita--)\
Glenn Vaad -
2000-0822
PL0824
DATE: April 6, 2000
VIOLATION NUMBER: VI-9900375
NAME: GREGORY & CATHY TUTTLE
ADDRESS : 34499 WCR 19, WINDSOR, CO 80550
ZONE DISTRICT: Agricultural
LEGAL DESCRIPTION: Part of E2 of Section 9, T6N, R67W of the 6th P.M. , 'yield
County, Colorado
PARCEL NUMBER: 0807-09-000033
CASE SUMMARY
December 20, 1999 Kim Ogle, Planner completed a field check, where he observed
numerous trucks and one car, none of which had current tags.
He also observed a Noncommercial junkyard consisting of piles
of metal, tires, wood, plywood, and other miscellaneous
debris .
December 21, 1999 Initial complaint was received by Vicki Brown, Zoning
Compliance Officer.
December 22 , 1999 Five day encouragement compliance letter sent to the property
owner by Vicki Brown.
December 27, 1999 Telephone conversation with Mr. Tuttle with Vicki Brown.
Vickie explained the process of a reported violation and the
process that needed to be completed to bring the property
into compliance. She notified him that she would be sending
a thirty day notice that day.
December 27, 1999 A Thirty day Zoning Violation Notice was sent to the property
owner indicating a violation of Section 31. 3 .9 of the Weld
County Zoning Ordinance.
March 29, 1999 The property was inspected to determine compliance with the
Zoning Ordinance. There were still three derelict vehicles
and a stack of wood. Bethany Salzman, Zoning Compliance
Officer and Julie Chester, Lead Planner, spoke to Mrs. Tuttle
at the time of inspection. She was aware of the violation
and indicated that Mr. Tuttle had surgery and therefore, it
had been difficult to finish cleaning the yard. She stated
that she thought it would take them approximately thirty days
to finish cleaning the property. It was indicated to Mrs .
Tuttle that they should attend the Violation Hearing with the
Board of County Commissioners and request an extension to
ensure compliance in a timely manner.
2000-0822
March 30, 2000 Letter sent (certified) to the property owner indicating that
the violation was scheduled before the Board of County
Commissioners on April 11, 2000 at 10 : 00 a .m. .
There is still a Noncommercial Junkyard located on the property, therefore, is
a violation of Section 31.3 . 9 of the Weld County Zoning Ordinance. To bring the
property into compliance the property owner must remove the Noncommercial
Junkyard or screen it from all adjacent properties and public rights-of-way.
The Department of Planning also recommends that the County Attorney author`_ae
legal action against any other persons occupying the properties, any persons
claiming an interest in the properties, and any persons acting in active concert
with the identified parties .
(07-----tki-
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1111 pe 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: '970) 3046498
COLORADO
INSPECTION REPORT
NAME: Gregory & Cathy Tuttle
LEGAL DESCRIPTION OF PROPERTY: Part of the E2 of Section 9, TEN, R67W of
the 6th P.M. , Weld County, Colorado
DATE: April 10, 2000
CASE NUMBER: VI-9900375
Upon visual inspection of this property, Julie Chester and myself, noticed the
following violations :
1 derelict vehicle ( {light blue SE} no tags and not in working
conditions)
1 derelict vehicle ( (Ford Bronco) no tags and in working condition)
1 derelict vehicle ( {Ford truck} no tags and in working condition)
They also had a big blue dumpster and two horse trailers, which they are using
for cleanup.
Mr. Tuttle stated that they would not be attending the violation hearing with
the Board of County Commissioners .
B thany Sal an
Zoning Co Y lance Officer lani T
pc; VI-9900375 e.ti
Julie Chester
it(
' DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 8063
Phone i970i 353-6100
• Fax 970t 304-6.198
COLORADO
March 30, 2000
Mr. and Mrs. Gregory & Cathy Tuttle
34499 WCR 19
Windsor, CO 80550
Subject: VI-9900375, Part of E2 of Section 9, T6N, R67W of the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Tuttle:
The property referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled
a meeting with the Board of County Commissioners on April 11, 2000, at 10:00 a.m., to consider the violations
occurring on the property. This meeting will take place in the County Commissioners' Hearing Room, First Floor,
Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a
representative be in attendance to answer any questions the Board of County Commissioners might have about
the violations.
The Department of Planning Services' staff will be recommending that the Board of County Commissioners
authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that
you were made aware of the nature of the violation, the action necessary to correct the violation, and that you
were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call
me.
•
Sincerely,
Bethany Salim n •
Zoning Compliance Officer
pc: VI-9900375
Julie Chester, Lead Planner
Kim Ogle, Planner
SERVICE,TEAMWORK,INTEGRITY.QUALITY
INSPECTION REPORT
NAME: Gregory & Cathy Tuttle
LEGAL DESCRIPTION OF PROPERTY: Part of E2 of Section 9, T6N, R67W of the 6th
P.M. , Weld County, Colorado.
DATE: March 29, 2000
CASE NUMBER: VI-9900375
Upon visual inspection of this property, the following violations were active:
Stack of wood (2 x 4 ' s)
Three derelict vehicles
While speaking with Cathy Tuttle, she disclosed that her husband recently nad
surgery and therefore they had been unable to finish cleaning the property. She
stated that she thought they could have it completely cleaned by June 15, 2000.
We (Julie Chester and myself) advised her cf the Board of Commissioners Hearing
on April 11, 2000 at 1000 am. We also, told her that the board might grant her
request for an extension, but she would need to explain to them her current
situation. She agreed. (Typed on 033100)
�.11 ail '
ethany Salzman
Zoning Compliance Officer
pc : VI-9900375
Julie Chester
Kim Ogle
•4 DEPARTMENT OF PLANNING SERVICES
1 Code Compliance Division
•
�l 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
Ci
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
December 27, 1999
Mr & Mrs Gregory & Cathy Tuttle
34499 WCR 19
Windsor, CO 80550
Subject: VI-9900375, N43D12'W 90.55 N14D54'W 143.84' N62D02'W. Weld County, Colorado
Dear Mr & Mrs Tuttle,
The uses on the above described property are being considered as a zoning violation of Sections 31.3.9 of the
Weld County Zoning Ordinance.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we
have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from December
27, 1999, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before
the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office
for legal action.
•
Any information you have that may help to resolve this matter will be helpful. This office is ready to be of any
assistance in clarifying or answering questions concerning this matter. Please contact me at the above address
or telephone number.
r
Sincerely,
•
•
•
Vickie Brown
Zoning Compliance Officer
pc: VI-9900375
SERVICE,TEAMWORK,INTEGRITY,QUALITY
List of Comments
'ermit # : VI-9900375
?rinted Date : 12-27-1999
?eople
APPLICANT TUTTLE, GREGORY A & CATHY J 12/21/1999
/BROWN 12/21/1999 12/20/99 PER KIM OGLE/PLANNER, DID
SITE INSPECTION FOR S-514.THERE IS A NON COMMERCIAL
IUNKYARD, CONSISTING OF NUMEROUS DERELICT VEHICLES,
MISCELLANEOUS VEHICLES, PILES OF METAL, WOOD,PLYWOOD, ETC,
NEAR LARGER OF TWO OUTBUILDINGS.
12121/99 TURNED OVER TO ZONING COMPLIANCE, I WILL SEND OUT
5 DAY LETTER TODAY.
12/27/99 PHONE CONVERSATION W/MR TUTTLE TODAY. I EXPLAINED
THE VIOLATION PROCESS IN ACCORDANCE WITH HIS RECORDING THE
SUBDIVISION. HE STATED THAT HIS SON WILL BE MOVING THE
VEHICLES TO NEBRASKA AND OTHER DEBRIS WILL BE CLEANED UP. I
DID ADVISE THAT HE CALL ME WHEN HIS PROPERTY IS CLEANED, SO
THAT I CAN DO A FINAL INSPECTION. I ALSO LET MR TUTTLE KNOW
THAT I WOULD BE SENDING OUT A 30 DAY LETTER TODAY. I WILL
EXTEND FOR 30 DAYS.
report vickie
4 -1° 44141:46
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
CFax: (970) 304-6498
COLORADO
December 22, 1999
Mr & Mrs Gregory & Cathy Tuttle
34499 WCR 19
Windsor, CO 80550
Subject: VI-9900375, N43d12'W 90.55 N14D54'W 143.84' N62D02'W. Weld County, Colorado
Dear Mr & Mrs Tuttle,
It has come to the attention of the Department of Planning Services' staff that the uses on your property may not
be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the Zoning
Ordinance is a non commercial junkyard. Section 31.3.9.
Please call me within five working days of the date of this letter to review these concerns with me.
Sincerely,
i
Vickie Brown
Zoning Compliance Officer
pc: VI-9900375
SERVICE,TEAMWORK.INTEGRITY,QUALITY
FIELD CHECK inspection date: December 20, 1999
CASE NUMBER: S-514
Cathy '�� 1� GL's /1 ‘_/1(1
APPLICANT: Gregoryand Tuttle J
'5/2 rely^
LEGAL DESCRIPTION: E2 Section 9, Township 6 North, Range 67 West of the 6th PM.
Weld County, CO
LOCATION: North of WCR 70; West of WCR 19
Zoning Land Use
N A (Agricultural) N rural residence - corn
E A (Agricultural) E rural residence - corn
S A (Agricultural) S rural residence - horses
W A (Agricultural) W rural residence - subdivision
COMMENTS:
RE lots- lot adjacent to road is built on with a SFR address 34495 WCR 19
RE 2nd lot is vacant
access road is compacted soil
property is fenced with split rail, pastureland
telephone pole with power/telephone lines transverse property from access to house
house is single storey brick structure, two car garage
two outbuildings
numerous trucks and one car, no tags
miscellaeanous piles of metal, tires, wood, plywood, etc near larger of two outbuildings
Kim Ogle, Planner
,6(ic tl\tQlE:, •
DEPARTMENT , ,, .
OF PLANNING SERVICES
` COMPLAINT REPORT wine . .. i 6- e
Onk, (.. C2cle ii ,-t.A ) - it - • -
COLORADO
•
❑ ZONING COMPLAINT Complaint Initiated by:
a BUILDING CODE COMPLAINT c Staff
❑ Citizen a Other
LEGAL DESCRIPTICN: 1l ., /2; 0_
VIOLATION ADDRESS: 7%1 ` 9 i��
Parcel 1�l"' 2 e,3 ATTACH CCP`f OF DEED
J f � �f' Phone� _ _
Property Owner's Name` a _.
?� ; &e)4 / i 1— L.) 7 5 .
Property Owners Address: . '
Tenant's Name and Mailing Address:
NATURE CF COMPLAINT: • 11/r/ ?r1 , b' ,r//.s;
q
til .,.,:'
;.(it7 `% o- ::L- Date: , ._r
74/
Zoning Complaint Referred To:
Date: .
Suiidinc Code Complaint Referred To:
Date:
Case Assigned To:
....M. .....a............ .^ - 1• O ..� Date of Inspection: .
ACTINCFINVESTIG,?TOR:
Inspection of property indicates:
• a No violation of the Weld County T. Zoning ' a$uilding Code Ordinance
an
Referred to:
o No violation of the Weld County a Zoning / a Building Code Ordinance,
`rotations of the following Secsons of the o
Zoning
Building Code Ordinance
el No Action TakeniNo 'violation c 'violation Fie Started
ACTION ON CfviFr�.l"�T: D Gate
Date
CASE rcE•lI E NED SY SUPERVISOR.
SUPERVISOR'S COMMENTS
NOTE. Attach ad pertinent informadon and racts disclosed by investigation to this form.
Rennraoa o'clock M, on .Book --- Page
Recorder
0124 66121
-`Wafrarrty`Deed n
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
"property")from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s)
or entity(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property.
except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(21 any easements and
rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5)
any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty
Exceptions".
The Specific Terms of This Deed Are:
Grantor: (Give name(s)and place(s)of residence.if the spouse of the owner-grantor Is joining in this Deed to release homestead rights,identity
grantors as husband and vete.)
DAV :D C. MCBRYDE
12011 W. Ash; Windsor, Colorado 80550
Grantee: (Give name(s)and address(es).statement of address,including available road or street number,is required.)
GRE3ORY A. TUTTLE AND CATHY J. TUTTLE
344 )9 Weld County Road 19; Windsor, Colorado 80550
Form of Co-Ownership: (If there are two or more grantees named,they wilt be considered to take as tenants in common unless the words'in
joint tenancy"Or words of the same meaning are added in the space below.)
Property Description: (Include county and state I
Lot Twenty-nine (29) , WINDSOR MANOR SUBDIVISION SIXTH FILING, a subdivision of
l(' the Town of Windsor, County of Weld, State of Colorado, as per the map recorded
j/'0% June 30, 1995 in Book 1499 under Reception No. 2444776, Weld County Records.
$3 2466979 B-1521 P-775 12/11/95 04:43P PG 1 OF 1 REC DOC
Weld County CO Clerk & Recorder 6.00 3.00
Properly Address: 1420 Redwood Drive Windsor, Colorado 80550
Consideration: (The statement of a dollar amount is optional.adequate consideration for this deed will he presumed unless this conveyance is
identified as a gilt.in any case this conveyance is absolute.final and unconditional.)
THIRTY THOUSAND AND NO/100THS ($30, 000.00) DOLLARS
Reservations-Restrictions: (If the GRANTOR intends to reserve any interest.n the property or to convey lessthan he owns,w it the GRANTOR
is restricting the GRANTEE'S right in the properly,make appropriate indication.)
le
m Reservations, restrictions, covenants, conditions, leases, tenancies, agreements,
building & zoning regulations, easements and/cm rights-of-way, apparent or of
o record
0
aAdditional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above I
5
IP General property taxes and/or special assessments/improvements, whether currently
;^. assessed or not, for the current year and all subsequent years
E
3
0
1 Eite,:idled by the Grantor on __Decembana__—_ 19 . 19_5..
C� Signature Clause for Corporation,Partnership or Asaociallon: •.N Signature Clause tor Intlivldual(i'
( 7 2- 2 (....2 (.
Name of Grantor: Corporation,Partnership or Association - Grantor
DAVID C. MCBRYDE r✓'
CBy Grantor
Ely
C _-- - Grantor
Attest: _ - — --
`i) STATE OF COLORADO ) 55
COUNTY OF Weld )
The roregomg instrument was acknowledged before me this day of - 19( 8th December 9 95
WI• DAVID C. MCBRYDE Ir _ /1 WITNESS my hand and official seal. '. <�
ley commission expires: Pudk
12/18/97 , x,909( ...
STATE OF ) ss. t' -fit,
COUNTY OF ) cif
tThe inregomg instrument was acknowledged Defore me Isis y:of DERRA L .1•� i . 1B
Uy' `• COVERT L(-,An'(•name individual Grantor(s)or it Grantor isCorporation,Partnership or Association.then identify .as president or viptgrat Oent and secretary or
assistant secretary of corporation;or as partner(s)of partnership;or as authorized member(s) Qttea,)...... . :f
' sti h4- c�`.,, Y,
WITNESS my hand and official seal. 1 I Notary PublicMy commission SWIMS:
NO.201
a 1961 UPDATE LEGAL FORMS 7 1
616 air,Ann-we.nreeley.Colorado aova' `/ /
06311155 6...50
aR2yb73ia
ORIGINAL
2467338 8-1522 P-296 12/13/95 03:04P PG 1 OF 4 REC DOC
Weld County CO Clerk & Recorder 21.00
State at Colorado -Spats Alone'Ma LMo For Recordist Data -
DEED OF TRUST
(With Future Advance Clause)
1. DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is DEMUR 8, 1995
and the parties, their addresses and tax identification numbers,if required,are as follows:
GRANTOR: GREGORY A. TLTI'TLE CATHY J. RN=
34499 1 19 34499 NCR 19
WINDSOR, CO 80550 WINDSOR, CO 80550
SOCIAL SEU)ITY 1: 508-64-8521 SOCIAL SECURITY 1: 507-86-8587
❑ If checked, refer to the attached Addendum incorporated herein, for additional Orators, their signatures and
acknowledgments.
TRUSTEE:
WELD CDLlilY PUBLIC TRUSTEE
1020 9TH AVE
GREELEY, CO 80631
LENDER: FIRST NATIONAL BANK OF GREELEY
ORGANIZED AND EXISTING LEDER THE LAWS OF 'lam UNITED SMA:1TS OF AMERICA
1800 GREELEY MALL P 0 BOX 1030
GREELEY, CD 80632
TAXPAYER I.D. if: 84-0632595
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to
secure the Secured Debt (defined below) and Grantor's performance under this Security Instrument, Grantor irrevocably
grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described
property:tar 29, WINDSOR MANOR CH REDWOOD DRIVE, WIN DSCIR, a) 80550.
The property is located in WELD at
(C
TAT ?9, WDIDS .!1 T4 OR WINDSOR Colorado 8050
(Addrna) (Coy) (ZIP Code)
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian
rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may
now, or at any time in the future,be part of the real estate described above(all referred to as 'P.uent?).
3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall
not exceed$ 97,500.09 This limitation of amount does not include interest and other fees
and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under
the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this
Security Instrument.
4. SECURED DEBT AND FUTURE ADVANCES.The term"Secured Debt'is defined as follows:
A.Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s)or other evidence of debt described
below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is
suggested that you include items such as borrowers'names,note amounts,intern:rates,maturity dates, etc.)
fI 4ISSORY NOTE DATED DECE193ER 8, 1995 IN 'IHE ANIIUfTP CR $97,500.00 IN ME NAME
OF GRIMM A. AND MOW J. !IUrna.
COLORADO-DEED OF TRUST (NOT FOR beer.RAMC.FHA OR VA USE) /peFec'fr.
C -71I9BankersB.nk .Systems.Inc.,St.Maud,MN 11 40 0-3 01-2 3.11 Fo.m RE-DT-CO a11A4 ( /'
B. All future advances from Lander to Grantor or other future obligations of Grantor to Lender under any promissory
note, contract, guaranty, or other evidence of debt executed by Grantor in favor of Lender executed after this
Security instrument whether or not this Security Instrument is specifically referenced or such future advances or
future obligations are incurred for any purpose that was related or unrelated to the purpose of the Security
Instrument. If more than one person signs this Security Instrument, each Grantor agrees that this Security Instrument
will secure all future advances and future obligations that are given to or incurred by any one or more Grantor, or
any one or more Grantor and others. All future advances and other future obligations are secured by this Security
Instrument even though all or part may not yet be advanced. All future advances and other future obligations are
secured es if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a
commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to
in a separate writing.
C.All obligations Grantor owes to Lender, which may later arise, to the extent not prohibited by law, including, but
not limited to,liabilities for overdrafts relating to any deposit account agreement between Grantor and Lender.
D.All additional sums advanced and expenses incurred by lender for insuring, press g or otherwise protecting the
Propeety and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security
Instrument.
This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission.
5. PAYMENTS. Grantor agrees that all payments under the Secured Debt will be paid when due and in accordance with the
terms of the Secured Debt and this Security instrument.
6. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this
Security Instrument and has the right to irrevocably grant, convey, and sell the holm ty to Trustee, in trust, with power of
sale. Grantor also warrants that the Property is unencumbered,except for encumbrances of record.
7. PRIOR SECURITY INTERESTS. With regard to any other age, deed of trust, security agreement or other lien
document that created a prior security interest or encumbrance on the ,Grantor agrees:
A.To make all payments when due and to perform or comply with all covenants.
B.To promptly deliver to Lender any notices that Grantor receives from the holder.
C.Not to allow any modification or extension of, nor to request any future advances under any note or agreement
secured by the lien document without Lender's prior written consent.
8. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents,
utilities, and other charges relating to the Property when due. Lender may require Grantor to provide to Lender copies of
all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the
Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as
requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to
maintain or improve the Property.
9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be
immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale
of the ppeerrtty This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This
covenant shallrtm with the Property and shall remain in effect until the Secured Debt is paid in full and this Security
Instrument is released.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition
and make all repairs that are reasonably necessary. Grantor shall not commit or allow any waste, impairment, or
deterioration of the Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the
nature of the occupancyranindd use will not substantially change without Lender's prior written consent. Grantor will not
permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will
notify Lender of all demands,proceedings,claims,and actions against Grantor, and of any loss or damage to the Property.
Lender or Lender's agents may,at Lender's option, enter the P,oyuity at any reasonable time for the purpose of inspecting
the property. lender shall give Grantor notice at the time of or before aninspection specifying a reasonable purpose for
the 'inspection. Any inspection of the Property shall be entirely for Lender's t, efit and Grantor will in no way rely on
Lender's inspection.
11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security
Instrument, Leader may, without notice, perform or cause them to be performed. Grantor appoints Lender as attorney in
fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor shall not
create an obligation to perform,and Lender's failure to perform will not preclude Len .from examine any of Lender's
other rights under the law or this Security Instrument. If any construction on the Property is din or not carried on
in a reasonable manner,Lender may take all steps necessary to protect Lender's security interest in the Property, including
completion of the construction.
12. ASSIGNMENT OF I FASBS AND RENTS. Grantor irrevocably grants, conveys and sells to Trustee, in trust for the
benefit of Lender, as additional security all the right, title and interest in and to any and all existing or future leases,
subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including
any extensions, renewals, modifications or substitutions of such agreements (all referred to as 'Leases')and rents, issues
and profits(all referred to as 'Rents"). Grantor will promptly provide Lender with true and correct copies of all existing
and future Leases. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default under the
terms of this Security Instrument.
Grantor agrees that this assignment is immediately effective between the parties to this Security Instrument. Grantor agrees
that this assignment is effective as to third parties on Grantor's default when Lender takes actual possession of the Property
or when Lender commences a foreclosure on the Property or an action or proceeding for an appointment of a receiver or
for the sequestration of Rents and this assignment shall remain effective during any redemption period until the Secured
Debt is satisfied. Grantor agrees that Lender or Trustee may take actual possession of the property without the necessity of
commencing legal action and that actual on is deemed to occur when Larder, or tts agent, notifies Grantor of
default and demands that any tenant pay future Rents directly to Lender. On receiving notice of default, Grantor will
endorse and deliver to Lender any payment of Rents in Grantor's possession and will receive any Rents in trust for Lender
and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security
Instrument. Grantor warrants that no default exists under the Leases or any applicable laadlord/tnant law. Grantor also
agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law.
2467338 B-1522 P-296 12/13/95 03:04P PG 2 01? 4 rPe �,
,r. _ r'_
2467338 B-1522 P-296 12/13/95 03:04P PG 3 OF 4
13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Grantor agrees to comply with the
provisions of any lease if this Security Instrument is on a leasehold. If the Petty includes a unit in a condominium or a
planned unit development, Grantor will perform all of Grantor's duties under the covenants,by-laws, or regulations of the
condominium or planned unit development.
on the Secured Debt fails to make payment when due.
14. GEFAULT will be in default if any party obligated or any other document executed
Grantor will be in is default if a breach occurs under the terms of this Security Instrument
for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Leander that Lender at any
time is insecure with respect to any !on or entity obligated on the Secured Debt or that the prospect of any payment or
the value of the Property is impaired shall also constitute an event of default.
15. REMEDIES ON DEFAULT.In some Stances, federal and state law will require Lender to provide Grantor with notice
of the right to tare or other notices and may establish time schedules for foreclosure actions.ebt Subject to prosevided
�Tens, if
if
any, lender may accelerate the Secured D and foreclose this Security Instrument a
manGrantor is in default
At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become
immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime
thereafter. in addition, Lender shell be entitled to all the remedies provided by law, the tams of the Secured Debt, this
Security Instrument and any related documents, including without limitation, the power to sell the Property or foreclose on
installments without acceleration.
If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Leader, advertise and
sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and conve�tee shute title
l give
free and clear of all right, title and- nterest of Grantor at such time and place as Trustee designates.
notice of sale including the time, terms and place of sale and a description of the property to be sold as required by the
applicable law in effect at the time of the proposed sale.
Upon sale of the property and to the extent bited by law, Trustee shall make and deliver a deed to 11.Lender
rty,
sold which conveys absolute title to the and after first paying all fees, charges and costa, shall pay all
moneys advanced for repairs, taxes, insurance, liens, assamenta and prior meumbn aces and interest thereon, and the
principal and interest on the Secured Debt,awing the surplus, if any,to Grantor. Lender may purchase the Property. The
recitals in any dead of conveyance shall be prima fade evidence of the facts set forth therein.
All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or
equity, whether or not expressly.set forth. The acceptance by Lander of any sum in.payment or payment on the
Secured Debt after the balance is due or is accelerated or after foreclosure are filth shell not constitute a
waiver of Larder's right to
complete cure of any existing default. ylf not exercising any remedy on Grantor's
default,Lender does not waive I.euder'a nght to late consider the event a default if it continues or happs again.
16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION C� Except in thisverity
prohibited by law, Grantor agrees to pay all of Lender's expenses if Grantor breaches any
Instruniant. Grantor will also pay on demand any amount incurred by Larder for insuring, inspecting, preserving or
otherwise protecting the Property and Lender's security infixed. These expenses will bear interest from the date of the
payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured DLender's rights ebt.
remedies
to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting and other under er
this Security Instrument This amount may include, but is not limited to, attorneys fees, court costs, g
expenses not to exceed 15% of the unpaid debt after default. This amount does not include attorneys' fees for a salaried
employee of the Lender. This Security Instrument shall remain in effect until released. Grantor agrees to pay
for any
recordation costs of such release.
17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in m o this Bectn, (1)1 Ave Enviro(CERCnmental
w
moans, without limitation, the Comprehensive Environmental Response, Compensation
2
U.S.C. 9601 et aeq.), and all other federal, state and local laws, regulations, ordinances, court orden, attorney general
opinions or interpretive letters concerning the public health,safety,welfare,environment or a hazardous substance' d(2)
hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or
environment. The term includes, without limitation, any substances defined as "hazardous material,' 'toxic substances.'
"hazardous waste"or 'hazardous substance'under any Environmental Law.
Grantor represents,warrants and agrees that: no Hazardous Substance is or will be located,
A.Except as previously disclosed and acknowledged in writing to landedto small quantities of c is or will Suffocated,
stored or released on or in the Property. This restriction does not apply
that are generally recognized to be appropriate fm the normal use and maintenance of the Property.
B.Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are, and
shall remain in full compliance with any applicable Environmental Law.
C.Grantor shall immediately notify Lender if a release or threatened release of a Hszardotis Substance occurs on,under
or about the Property or there is a violation of any Environmental Lew concerning the Property. In such an event.
Grantor shall take all necessary remedial action in accordance with any Environmental Law.
D.Grantor shall immediately notify Leader in writing as soon�G Grantor hse as reason to believe releasere is of any pending
or
thrSubstance
investigation,evioliti claim,fy n tronmedinrelating to�
Substance or the violation of any Fnvuonnien Law.
18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action, by private or public
allthrough condemnation,eminent domain, or any other means. Grantor
entities toauthorizes purchase or take any orof the o s name
Larder
loader so intervene any in or claims name m my of the with
Sabovea on or claims. Grantor assigns r to
leader the proceeds of any award claim for damages or other taking of all or any part of
the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This
assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien
document.
19. INSURANCE. Grantor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably
associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the
requires. The insurance carrier providing the insurance shall be chosen by Grantor subject toLender
appiroval which shall not be unreasonably withheld. If Grantor fails to maintain the coverage described above,eSenr
may, at Lender's option, obtain coverage to protect Lender's rights in the Property according
to the team of Instrument. 7 _ IPasa _
01994 a*Mr.Systems,Inc.,St.Clouds MN II-100-351-2341) Fans RE-0T-CO S/1/04 l�--L-- '-
All insurance policies and renewals shall be table to Lender and shall include a standard 'mortgage clause' and,
where applicable, 'loss payee clause.' Grantor shall immediately notify Lender of row Nation or termination of the
insurance. Lender shall have the right to hold the policies and renewals. If Ieader requires, Grantor shall immediately give
to Lender all receipts of paid premiums and renewal notices. Upon loss, Grantor shall give immediate notice to the
insurance carrier and Lender. Lender may mace proof of loss if not made immediately by Grantor.
Unless otherwise agreed in writing,all insurance proceeds shall be applied to the restoration or repair of the Property or to
the Secured Debt, whether or not then due, at Larder's option.Any application of proceeds to principal shall not extend or
postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the
Grantor. If the Property is acquired by Lender, Grantors right to any insurance policies and proceeds resulting from
damage to the Property before die acquisition shall pass to Linder to the extent of the Secured Debt immediately before the
acquisition.
20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Grantor will not be
required to pay to Lender funds for taxes and insurance in escrow.
21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Grantor will provide to Lander upon request, any
financial statement or information Leader may deem reasonably necessary. Grantor agrees to sign, deliver, and file any
additional documents or certifications that L rder may consider necessary to perfect, continue, and preserve Grantor's
obligations under this Security Instrument and Lender's lien status on the Property.
22. JOINT AND INDIVIDUAL LIABILITY} CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under
this Security Instrument are joint and individual. If Grantor signs this Security Instrument but does not sign an evidence of
debt, Grantor does so only to mortgage Grantor's interest in the Property to secure payment of the Secured Debt and
Grantor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between
Lender and Grantor,Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against
Grantor or any party indebted under the obligation. These rights may include, but are not limited to,any anti-deficiency or
one-action laws. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any
change in the terms of this Security Instrument or any evidence of debt without Grantor's consort. Such a change will not
release Grantor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind
and benefit the successors and assigns of Grantor and I Pewee.
23. APPLICABLE LAW' SEVERABILITY;INTERPRETATION. This Security Instrument is governed by the laws of the
jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the juristhction where the
Property is located. This Security Instrument is complete and hilly integrated. This Security Instrument may not be
amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to
the Secured Debt that conflicts with applicable law will not be effective,unless that law expressly or unpliedly permits the
variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that
section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used,
the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security
Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument.
Time is of the essence in this Security Instrument.
24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail
to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing.
Notice to one grantor will be deemed to be notice to all grantors.
25. WAIVERS. Except to the extent prohibited by law, Grantor waives all rights of appraisement, homestead exemption and
marshalling of liens and assets.
26. OTHER TERMS. If checked, the following are applicable to this Security Instrument:
fl Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be
reduced to a zero balance, this Security Instrument will remain in effect until released.
ll Construction Loan.This Security Instrument secures an obligation incurred for the construction of an improvement
on the Property.
❑ Fixture Ming. Grantor grants to Lender a security interest in all goods that Grantor owns now or in the future and
that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement
and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform
Commercial Code.
D Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and
amend the terms of this Security Instrument. [Check all applicable boxes]
❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Other
❑ Additional Tams.
2467338 B-1522 P-296 12/13/95 03:04P PG 4 OF 4
SIGNATURES: By signing below, Grantor agrees to the terms and covenants contained in this Security Instrument and in any
attachments. Grantor also aclmowl receipt of a copy of this Security Instrument on the data stated on page 1.
x... ...�. ut. ��N' .L...1r4 r'(--'.L ... .. - .1.U.lrrze_
(Signature)i-i A. (Date) (Signsturc)erf J, (Date)
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ACKFM
:>� COUNTY OF P } ss.
1141\0 AP instrument was aclmowledged before me this $7111 . der 995
c -o 1LLA. TUITLE AND CATHY J. TUTTLE,
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01994 Bribe Systems.Ins..St.Clad.MN 11.800-307-23411 F>m RE-DT-CO SWIM (page 4 of 4) '7:F-
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Atte 4414 1.1.1
2444319 B-1498 P-812 06/28/95 11 :08A PG 1 OF 6 REC DOC
Weld County CO Clerk & Recorder 30.00
— -State of Colorado -Space Above This Lime For Recording Data ---
DEED OF TRUST
(With Future Advance Clause)
1. DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is JUNE 144 1995
and the parties, their addresses and tax identification numbers, if required, are as follows:
GRANTOR: GREGORY A. 'MIME CATHY J. TUITIE
34499 WM 19 34499 WCR 19
WINDSOR, CO 80550 WINDSOR, CO 80550
SOCIAL SECURITY #: 508-64-8521 SOCIAL SECURITY #: 507-86-8587
If checked, refer to the attached Addendum incorporated herein, for additional Grantors, their signatures and
acknowledgments.
TRUSTEE: WELD COUNTY Y PUBLIC TRUSTEE
LENDER: FIRST NATIONAL BANK OF GREELEY
ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA.
1800 GREELEY MALL P 0 BOX 1030
GREELEY, CO 80632
TAXPAYER I.D. #: 84-0632595
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to
secure the Secured Debt (defined below) and Grantor's performance under this Security Instrument, Grantor irrevocably
grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described
property:REFER TO EXHIBIT 'A' WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
The property is IMatetl in WELD at
(County)
34499 SCR 19 WINDSOR Colorado 80550
(Address) (City) (2D'Code)
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian
rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replay-inflects that may
now, or at any time in the future, be part of the real estate described above(all referred to as "Property").
3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall
not exceed S 57,000.00 This limitation of amount does not include interest and other fees
and charges validly made pursuant to this Security Instrument. Also„ this limitation does not apply to advances made under
the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this
Security Instrument.
4. SECURED DEBT AND FUTURE ADVANCES. The term 'Secured Debt" is defined as follows:
A.Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described
below and all their extensions, renewals, modifications or substitutions. (Mien referencing the debts below it it
suggested that you include Items such as borrowers'names, note amounts, interest rates,maturity dates, etc.)
PROMISSORY NOTE DATED JUNE 14, 1995 IN THE ADYXNT OF $57,000.00 IN THE NAME OF
GRID0RY A. AND CATHY J. TUTTLE PAYABLE ON DEMAND.
COLORADO-DEED OF TRUST (NOT FOR FNMA,FHLMC,FHA OR VA USEI �A T \,ipaaeipt\4)
®1864 B. a Fenn rt .Symons,Inc.,St.Cloud,MN 11-800.307-334 II Fn RE-DT-CO B/1/a4 --
2444319 B-1498 P-812 06/28/95 11:08A PG 2 OF 6
B.All future advances from Lender to Grantor or other future obligations of Grantor to Lender under any promissory
note, contract, guaranty, or other evidence of debt executed by Grantor in favor of Lender executed after this
Security Instrument whether or not this Security Instrument is specifically referenced or such future advances or
future obligations are incurred for any purpose that was related or unrelated to the purpose of the Security
Instrument. If more than one person signs this Security Instrument, each Grantor agrees that this Security Instrument
will secure all future advances and future obligations that are given to or incurred by any one or more Grantor, or
any one or more Grantor and others. AN future advances and other future obligations are secured by this Security
Instrument even though all or part may not yet be advanced. All future advances and other future obligations are
secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a
commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to
in a separate writing.
C.All obligations Grantor owes to Lender, which may later arise, to the extent not prohibited by law, including, but
not limited to, liabilities for overdrafts relating to any deposit account agreement between Grantor and Lender.
D.All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the
Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security
Instrument.
This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission.
5. PAYMENTS. Grantor agrees that all payments under the Secured Debt will be paid when due and in accordance with the
terms of the Secured Debt and this Security Instrument.
6. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this
Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of
sale. Grantor also warrants that the Property is unencumbered,except for encumbrances of record.
7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien
document that created a prior security interest or encumbrance on the Property, Grantor agrees:
A.To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Grantor receives from the holder.
C.Not to allow any modification or extension of, nor to request any future advances under any note or agreement
secured by the lien document without Lender's prior written consent.
8. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents,
utilities, and other charges relating to the Property when due. Lender may require Grantor to provide to Lender copies of
all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the
Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as
requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to
maintain or Improve the Property.
9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be
immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale
of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This
covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security
Instrument is released.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition
and make all repairs that are reasonably necessary. Grantor shall not commit or allow any waste, impairment, or
deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the
nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not
permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will
notify leader of all demands, proceedings, claims,and actions against.Grantor, and of any loss or damage to the Property.
Lender or lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting
the Property. Lender shall give Grantor notice at the time of or before an inspection specifying a reasonable purpose for
the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Grantor will in no way rely on
Lender's inspection.
11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security
Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender as attorney in
fact to sign Grantor's name or pay any amount necessary for performance. Leader's right to perform for Grantor shall not
create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's
other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on
in a reasonable manner, Lender may take all steps necessary to protect.Lender's security interest in the Property, including
completion of the construction.
12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably grants, conveys and sells to Trustee, in trust for the
benefit of Lender, as additional security all the right, title and interest in and to any and all existing or future leases,
subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including
any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases")and rents, issues
and profits (all referred to as 'Rents"). Grantor will promptly provide Lender with true and correct copies of all existing
and future I Paces. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default under the
terms of this Security Instrument.
Grantor agrees that this assignment is immediately effective between the parties to this Security Instrument. Grantor agrees
that this assignment is effective as to third parties on Grantor's default when Lender takes actual possession of the Property
or when Lender commences a foreclosure on the Property or an action or proceeding for an appointment of a receiver or
for the sequestration of Rents and this assignment shall remain effective during any redemption period until the Secured
Debt is satisfied. Grantor agrees that Leader or Trustee may take actual possession of the property without the necessity of
commencing legal action and that actual pow.osion is deemed to occur when Lender, or its agent, notifies Grantor of
default and demands that any tenant pay all future Rents directly to Lender. On receiving notice of default, Grantor will
endorse and deliver to Lender any payment of Rents in Grantor's possession and will receive any Rents in trust for Lender
and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security
Instrument. Grantor warrants that no default exists under the leases or any applicable landlord/tenant law. Grantor also
agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law.
0)°,61 of)
1691 bran Systems,Inc.,St Claud.MN ni003al43411 Fpm RC-DT-CO 511/114 .Lt ./ L ,p
2444319 B-1498 P-812 06/28/95 11:08A PG 3 OF 6
13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Grantor agrees to comply with the
provisions of any lease'if this Security' Instrument is on a leasehold. If the Property includes a unit in a condominium or a
planned unit development,Grantor will perform all of Grantor's duties under the covenants, by-laws, or regulations of the
condominium or planned unit development.
14. DEFAULT. Grantor will be in default if any party obligated on the Secured Debt fails to make payment when due.
Grantor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed
for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any
time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or
the value of the Property is impaired shall also constitute an event of default.
15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Grantor with notice
of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if
any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if
Grantor is in default.
At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become
immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime
thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this
Security Instrument and any related documents, including without limitation, the power to sell the Property or foreclose on
installments without acceleration.
If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the I fluter, advertise and
sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title
free and clear of all right, title and interest of Grantor at such time and place as Trustee designates. Trustee shall give
notice of sale including the time, terms and place of sale and a description of the property to be sold as required by the
applicable law in effect at the time of the proposed sale.
Upon sale of the property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the Property
sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Lender all
moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the
principal and interest on the Secured Debt,paying the surplus, if any, to Grantor. Lender may purchase the Property. The
recitals in any deed of conveyance shall be prima fade evidence of the facts set forth therein.
All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or
equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the
Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a
waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Grantor's
default, Lender does not waive Lender's nght to later consider the event a default if it continues or happens again.
16, EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when
prohibited by law, Grantor agrees to pay all of Lender's expenses if Grantor breaches any covenant in this Security
Instrument. Grantor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or
otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the
payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Grantor agrees
to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under
this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal
expenses not to exceed 15% of the unpaid debt after default. This amount does not include attorneys' fees for a salaried
employee of the Lender. This Security instrument shall remain in effect until released. Grantor agrees to pay for any
recordation costs of such release.
17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42
U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general
opinions or interpretive letters concerning the public health, safety, welfare,environment or a hazardous substance; and(2)
Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or
environment. The term includes, without limitation, any substances defined as 'hazardous material,'"toxic substances,"
"hazardous waste' or 'hazardous substance'under any Environmental Law.
Grantor represents, warrants and agrees that:
A.Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located,
stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances
that are generally recognized to be appropriate for the normal use and maintenance of the Property.
B.Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are, and
shall remain in full compliance with any applicable Environmental Law.
C.Grantor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under
or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event,
Grantor shall take all necessary remedial action in accordance with any Environmental Law.
D.Grantor shall immediately notify Lender in writing as soon au Grantor has reason to believe there is any pending or
threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous
Substance or the violation of any Environmental Law.
18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action, by private or public
entities to purchase or take any or all of the Property through condemnation,eminent domain, or any other means. Grantor
authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to
Lender the proceeds of any award or claim for damages corrected with a condemnation or other taking of all or any part of
the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This
assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien
document.
19. INSURANCE. Grantor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably
associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the
periods that Leader requires. The insurance carrier providing the insurance shall be chosen by Grantor subject to Lender's
approval, which shall not be unreasonably withheld. If Grantor fails to maintain the coverage describal above, Lender
may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security
Instrument. -µ—
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B (
1 aa4 Baran Systems,Inc.,St.Claud,MN 11-800401-33411 Fain FE-0T CC SWIM4 ---
2444319 B-1498 P-812 06/28/95 11:08A PG 4 OF 6
All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and,
where applicable, "loss payee clause.' Grantor shall immediately notify Lender of cancellation or termination of the
insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Grantor shall immediately give
to Lender all receipts of paid premiums and renewal notices. Upon loss, Grantor shall give immediate notice to the
insurance carrier and Lender. Lender may make proof of loss if not made immediately by Grantor.
Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to
the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or
postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the
Grantor. If the Property is acquired by Lender, Grantor's right to any insurance policies and proceeds resulting from
damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the
acquisition.
20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Grantor will not be
required to pay to Lender funds for taxes and insurance in escrow.
21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Grantor will provide to Lender upon request, any
financial statement or information Lender may deem reasonably necessary. Grantor agrees to sign, deliver, and file any
additional documents or certifications that Lender may consider treasury to perfect, continue, and preserve Grantor's
obligations under this Security Instrument and Lender's lien status on the Property.
22, JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. Ml duties under
this Security Instrument are joint and individual. If Grantor signs this Security Instrument but does not sign an evidence of
debt, Grantor does so only to mortgage Grantor's interest in the Property to secure payment of the Secured Debt and
Grantor does not agree to be personally liable on the Secured Debt. If t is Security Instrument secures a guaranty between
Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against
Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or
one-action laws. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any
change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not
release Grantor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind
and benefit the successors and assigns of Grantor and Lender.
23. APPLICABLE LAW; SEVERABILITY;INTERPRETATION. This Security Instrument is governed by the laws of the
jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the
Property is located. This Security Instrument is complete and fully Integrated. This Security Instrument may not be
amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to
the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the
variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that
section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used,
the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security
Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument.
Time is of the essence in this Security Instrument.
24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail
to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing.
Notice to one grantor will be deemed to be notice to all grantors.
25. WAIVERS. Except to the extent prohibited by law, Grantor waives all rights of appraisement, homestead exemption and
marshalling of liens and assets.
26. OTHER TERMS.If checked, the following are applicable to this Security Instrument:
❑ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be
reduced to a zero balance, this Security Instrument will remain in effect until released.
❑ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement
on the Property.
❑ Fixture Filing. Grantor grants to Lender a security interest in all goods that Grantor owns now or in the future and
that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement
and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform
Commercial Code.
❑ Riders.The covenants and agreements of each of the riders checked below are incorporated into and supplement and
amend the terms of this Security Instrument. [Check all applicable boxes]
o Condominium Rider ❑ Planned Unit Development Rider ❑ Other
❑ Additional Terms.
SIGNATURES: By signing below, Grantor agrees to the terms and covenants contained in this Security Instrument and in any
attachments. Grantor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1.
,� - _
st aawre l La 3 9
., �, �� 3�X.ntre.�fi ,�:; �..� - �C C t ( �_((Date)
( e )GRE�RY`�. TUPr'r,F (Date) (Signature) cA�/J. foam)
ACKNOWLEDGMENT:
STATE OF. CI3IAR1lDO COUNTY(11...„..„7,07)... } ss.
t°`s"'s''1 Thp • in Mat meat was acknowled ed before me this.. ... . e 95
� ` irrLE AND cr 1r J. TUTTLE,
�/ q�
I� =
(Notary Public)
01994 Borten Synnms,km,.M.Cloud,MN 11-800-397.23411 form RE-DT-CO 8/1/94 (page 4 of 4)
ORIGINAL
EXHIBIT "A"
2444319 8-1498 P-812 06/28/95 11:08A PG 5 OF 6
PARCEL A:
A tract of land located in the Southeast Quarter (SE1/4) of Section Nine (9) , Township Six
(6) North, Range Sixty-seven (67) West of the 6th P.M., County of Weld, State of Colorado,
considering the East Line of said SE1/4 as hearing South 00° 06' 05" East, and with all
bearings contained herein relative thereto. Beginning at the E1/4 Corner of said Section
9;
thence South 00° 06' 05" Fast, 723.50 feet:
thence North 81° 11' 42" West, 38.10 feet, to a point on the centerline of the Lake Canal
Ditch;
thence along said center line on the fo'_lcwing courses:
South 76° 31' 49" West, 171.72 feet;
thence North 83° 15' 50" West, 127.88 feet;
thence North 47° 24' 01" West, 118.19 feet;
thence North 32° 18' 26" West, 160.91 feet;
thence North 47° 58' 41" West, 235.59 feet;
thence leaving said centerline North 00° 00' 00" East, 368.96 feet;
thence North 90° 00' 00" East, 678.39 feet to the Point of Beginning.
PARCEL B:
A tract of land located in the East Half (E1/2) of Section Nine (9), Township Six (6)
North, Range Sixty-seven (67) West of the 6th P.M., County of Weld, State of Colordo.
Considering the East Line of said Section 9 as bearing South 00° 06' 05" East, and with
all bearings contained relative thereto. Cac¢rencing at the E1/4 Corner of said Section 9;
thence North 90° 00' 00" West, 678.39 feet to the. True Point of Beginning;
thence South 00° 00' 00" West, 368.96 feet to a point on the centerline of the Lake Canal
Ditch;
thence following said centerline on the following courses:
North 47° 58' 41" west, 9.40 feet;
thence North 80° 32' 16" west, 48.66 feet;
thence South 20° 40' 28" West, 56.65 feet;
thence South 14° 28' 54" East, 311.91 feet;
thence South 34° 38' 48" West, 149.51 feet;
thence South 11° 33' 04" West, 139.83 feet;
thence South 21° 19 ' 56" west, 362.86 feet;
thence South 47° 15' 53" West, 125.26 feet;
thence North 88° 08' 15" West, 123.07 feet:
theme North 42° 48' 11" West, 276.68 feet;
thence North 05° 57' 26" West, 231.25 feet;
thence North 49° 32' 53" West, 124.84 feet;
thence South 75° 33' 21" West, 136.31 feet;
thence North 63° 04' 20" West, 70.66 feet;
thence North 32° 39' 03" West, 122.33 feet;
thence North 00° 50' 04" West, 206.02 feet;
thence North 50° 04' 47" West, 63.89 feet;
thence North 86° 21' 32" West, 110.22 feet;
thence South 83° 53 ' 04" West, 168.96 feet;
(Continued)
j
2444319 B-1498 P-812 06/28/95 11:08A PG 6 OF 6
thence North 51° 53' 33" West, 129.63 feet;
thence North 23° 11' 55" West, 152.32 feet;
thence North 65° 48' 24" West, 151.29 feet;
thence North 43° 12' 36" West, 90.55 feet;
thence North 14° 54' 21" West, 143.84 feet;
thence North 62° 02' 57" West, 108.11 feet;
thence North 90° 00' 00" East, 1849.48 feet to the Point of Beginning.
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