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Home My WebLink About870390.tiff • • RESOLUTION RE: APPROVE PARTIAL RELEASE OF DEED OF TRUST AND AUTHORIZE CHAIRMAN TO SIGN 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, on October 17, 1984 , the Board approved a Deed of Trust for Parkland Estates , said document being recorded in Book 1049, Reception No. 1988865 of the records of the Weld County Clerk and Recorder, and WHEREAS, the Board has been presented with a request for a Partial Release of Deed of Trust for Lot 12, Block 1 , Parkland Estates, and WHEREAS, after review, the Board deems it advisable to approve said Partial Release, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Partial Release of Deed of Trust concerning Lot 12 , Block 1 , Parkland Estates, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Partial Release. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of May, A.D. , 1987. n BOARD OF COUNTY COMMISSIONERS ATTEST: Qf(Q/t4 WELD CO OLO O Weld County lerk and Recorder and Clerk to the Board Go o La , irman A 07?� nt�eJ C. ' Kir y, Pr Tem D putt' County erk APPRO ED AS TO FORM: Gene R. Brantner e' /7 1 )cqu re,i o nson -A <c--, County Attorney Frank Y maguchi -?- 870390 Reception No Recorder. ill KNOW ALL MEN By THESE PRESENTS, That, Whereas, RECORDER'S STAMP PARKLAND HOMEOWNERS' ASSOCIATION, INC. 1 of by decd of Trust dated the 17th day of October , 19 84 , and duly recorded in the office of the County Clerk and Recorder of the County of Weld , in the State of Colorado, on the 16th day of November , 19 84 , in Book 1049 &U R= (ficin IAX r reception No. 1988865 )• conveyed to the Public Trustee in said Weld County, certain property in said Deed of Trust described in trust to secure to the order of County of Weld, State of Colorado the payment of the indebtedness mentioned therein. AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have been partially satisfied NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deecev en of Trust, and in consideration of the premises, and in further consideration of the sum ofX : Dollars to mein hand paid, the receipt whereof is hereby acknowledged,I,as the Public Trustee in said Weld County, do hereby remise, release and quitclaim unto the present owner or owners of the property hereinafter described and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which,I,as such 11--- Public Trustee have in and to that part and portion of the property, set forth and described in the aforesaid Deed of Trust, described as follows, to wit: Lot 12, Block 1 Parkland Estates i situate,lying and being in the County of Weld and z State of Colorado. TO HAVE AND TO HOLD the same, toti'er with all and singular the privileges and appur- z tow tenances thereto belonging forever. And further, that, as to the above described property, the said '9 Trust peed is to be considered as fully and absolutely released,cancelled and forever discharged. c to Witness my hand and seal this 28 day of ,1987 . 0) I Hr _' r 4_-- (SEAL) H A.the Vuh:1.'Pn:alee In add County of WELD z STATE OF COLORADO, nri County of WELD X m The foregoing instrument was acknowledpea Lao!ernethis .2y— day of , 1987 , by ANNE D. NYE n as tile Public Trustee in the said o County of WEI_0 ,Colorado. Po tz+ My commission expires September 15, 1931 Et tot Witness my hand and Official seal. d .c = 1— a • n 0 10 th Street, GrPeteV, CO 80631 No Public. To the Public Trustee in said County of WELD n ' o Please execute this release, the indebtedness secured by the a5ove mentioned ',Deed of Trust having bP,erl p iallg paid�a satis�fi� • o i ld, State of Colorado ATTEST: �7jn� U/1 U Wt.,,,,,, t,' � II, c1 huller of the(navels-Juno secured by said Dad or Trust. I Y hairman, Site, Board of Cott y Commissioners e uty County lerk Weld County, Colorado 'In to ties where book and page numbers have beer.oboliuhed. No,927, PARTIAL RELRASR OF DICED OF TRUST 'AT Tilt PU6r.IC s PL'r+.::S. 8i 70390 -... ..... .. 1 . b_....� . . 1X21-Ii !noel Strad, Denver. Colorado - 1-0G DI ID Mn -r r\ �.-.r." • CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 1655 GRANT STREET BARKLEY L. CLANAHAN JAMES t AYERS. JR. DENVER, COLORADO 80203 IRA E. TANNER. JR. EDWARD DALE PARRISH TELEPHONE (303) 030-9111 RICHARD DOWNING. JR. SHERYL L. HOWE TELECOPIER 1303) 830-0299 DAVID C. KNOWLTON HARRY S. MORROW THOMAS C. MCKEE PETER T MOORE DENIS B. CLANAHAN SPECIAL COUNSEL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS June 2 , 1987 • • Ms. Karla L. Florence United Bank of Denver 1700 Lincoln 11th Floor Denver, Colorado 80274-0073 Re: Lot 12 , Block 1 , Park Land Estates Weld County/PHA Account No. 840-476 Our File Nos. 0068. 019/01211. 008 Dear Ms. Florence: Enclosed for deposit into the H.T.C. Escrow Account No. 840-476 is Check No. 1004798 from Transamerica Title to H.T.C. Escrow Company in the amount of $2,514. 59. This represents the proceeds from the sale of Lot 12 , Block . 1 , Park Land Estates. If you have any questions, please do not hesitate to contact us. Sincerely, Diana W. Anderson Legal Assistant DWA/mjm JTA35d - cc: Mark Williams Bruce Barker, Esq. TranSaMenakTransame-ca �r,\�� _ _ Title Insurance COmoany • ' `U• ..� Title Insurance Sen ,eS - ---- 10647?^ =SC.RO . ..CCJU4T +..ji..'t•L��M-! -:� 4. �- #tyl o.-1L �4j�',.. - 4^ 'i�'G� __..:_.� is?. .•�. - ...�. __}. • — f4"l. C,RST INTERSTATE 9ANK OE DENVER.4 A. DENVER,COLORADO PAY TO THE ORDER OF. -rc Esc:nw --_- - ****3931 ..5 'E : SELLERP- JCc :Ds iRU^ -------- - _--_ _..---OOLLAPS PARKLAND HOM[OwNERS ASSOC R 6pc!CCC, lit L001. 7987" ': ID 20000 Lai: L 013305" 5 Transamerica Transamerica =- — Title Insurance Services Title Insurance Company •,n. a nTS .ti�.--... 38 19 1004798 S .A -. -tiF.P'r,.lr, p. . — OY i.. WE•-_ aA 4... x. `.As '�"Pca`-' ..,?'F .. w.i: • GERALD LI dAIR TR4NSAIERICA OFFICE: DEtORAr1 L! BAIR 75J 17TH AVE. P1 LONGNONr CO801501 303-772-2445 TO : SELLER : - ' HTC ESCROW CO PARKLAND HOREOWAERS ASSOC RE : SELLER PROCEEDS FROM PARKLAND HOMEOWNERS ASSOC • ' I PROPERTY LOCATION: • LOT 12, 3LOCK 1 • PARK LAND ESTATES WE ENCLOSE THE FOLLOWING : - OUR CHECK IN THE AmOU;JT OF $ 2,514.59 - VERY TRULY YOURS : I • LINDA SPURLOCK ESCROW OFFICER . • • • . . . . . .• 40t, OFFICE OF COUNTY ATTORNE cbPHONE(303)3564000 EXT.42 (\\ P.O. BOX 19 GREELEY, COLORADO 80E Wk. + • COLORADO - June 4, 1987 Linda Spurlock Escrow Officer TransAmerica Title Insurance Co. 750 17th Avenue Longmont, CO 80501 RE: Original of Partial Release of Deed of Trust for Lot 12, Block 1 , Parkland Estates Subdivision, for Gerald and Deborah Bair Dear Ms. Spurlock: Enclosed herein please find the original of the Partial Release of the Deed of Trust for Lot 12 , Block 1 , Parkland Esta}es Subdivision , for Gerald and Deborah Bair. I have also enclosed a copy of the Resolution of the Board of County Commissioners of Weld County which approved the Partial Release. If you should have any questions or comments concerning the Partial Release or concerning the Resolution, please feel free to call me at 356-4000 , extension 4391 . Very, truly yours, Bruce T. Barker Assistant County Attorney BTB: ss r Enc. •, • • RESOLUTION RE: APPROVE PARTIAL RELEASE OF DEED OF TRUST AND AUTHORIZE CHAIRMAN TO SIGN 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 , on October 17 , 1984 , the Board approved a Deed of Trust for Parkland Estates , said document being recorded in Book 1049 , Reception No. 1988865 of the records of the Weld County Clerk and Recorder, and WHEREAS , the Board has been presented with a request for a Partial Release of Deed of Trust for Lot 12 , Block 1 , Parkland Estates , and WHEREAS, after review, the Board deems it advisable to approve said Partial Release, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE;, BE IT RESOLVED by the Board of County ";:nmissioners of Weld County , Colorado , that the Partial Relaase of Deed of Trust concerning Lot 12 , Block 1 , Parkland Estates , be , and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be , and hereby is ,-• authorized to sign said Partial Release. The above and foregoing Resolution was , on motion duly made and seconded , adopted by the following vote on the 20th day of May, A.D. , 1987. BOARD OF COUNTY COMMISSIONERS ATTEST: 'P,GtdAzit tr/' WELD CO OLO O • Weld County lerk and Recorder and Clerk to the Board Gor on La airman CY: /v. -4OWL-n<<ayJqt-tc-ii--4-2C. 'r� Kiry, Prp�Tem D/eputy Counerk 1�L,f//r�.v APPROVED AS TO FORM: Gene R. Brantner J )cqu ine o neon . � :; / �; e,%1.-A -.O--i--, County Attorney Frank Yamaguchi ,(, , r. j;: ��- -/ �-/, 870390 Reception No - - - ••�� RECORDER'S STAMP i KNOW ALL MEN BY THESE•ESEN9 , T;. .t, \Yiltteas, PARKLAND HOMEOWNERS' ASSOCIATION, 1NC. of by 1 iced of Trust dated the 17th day of October , 19 84 , and duly recorded in the office of the County Clerk and Recorder of the County of Weld , in the State of Colorado, on the 16th day of November , 19 84 , In Book 1049 ax#><etlrx GtiizadtM reeeptf9fl No. 1088165 )1, conveyed to the Polillii ittl§lee in said Weld County, certain property in said Deed of Trust described in trust to secure to the order of County of Weld, State of Colorado the payment of the indebtedness mentioned therein. AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have been partially satisfied NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deed even of Trust, and in consideration of the premises, and in further consideration of the sum off; -•' Dollars to me in hand paid, the receipt whereof is hereby acknowledged,I,as the Public Trustee in said Weld County, do hereby remise, release and quit-claim unto the present owner or owners of the property hereinafter described and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which,I,as such Public Trustee have in and to that part and portion of the property, set forth and described in the aforesaid Deed of Trust, described as follows, to wit: Lot 12, Block 1 Parkland Estates it t O F Li, '. to c tnc xl C el ye 2 situate,lying and being in the County of Weld and z c h State of Colorado. � L al• TO HAVE AND TO HOLD the .saute, tog,ti et .vilil all and singular the privileges and appur til - xi tenances thereto belonging forever. And further, that, as to the above described property, the said to c Trust Deed is to be considered as fully and abaoiutely released,cancelled and forever discharged. H 1 Witness my hand and seal this 28 . day of 71'407 ,199 7 . z J� n c (SEAL) PI Au the Pu!.11e'rnntwe In said County of WELD ,z, F STATE OF COLORADO, t., County of WELDtii n The foregoing instrument was acknowletiuce 1 efor e me this 2?— day of ai , 192'7 , by ANNE D. NYE et t -77-i--7 a a:tl.i)e Public Trustee in the said c County of WELD • ,Colorado. Z c t-i My commission expires September 15, 1987 ei n Witness my hand and Official seal. 0 F. ac nc Notary Public. 10'2th sheet, t reetev, CO 80631 To the Public Trusteeln.said Cc,t.;i.yof WELD }St 1, 1 Please execute, this release, the indebtri!ut:+s secured by the above mentioned Deed of Trust having b e rtiall par and satisfA. o f 1d, State of Colorado ,,...4•,••,,•",,, ATTEST' &U N.-I ' c-, ' 1 -, ... y r, 'ri e - at holler of the indei,teJnesv sreured by•aldEbeikdptT t 0 a' '47,4,C:y I. hairman, r a t °j Board of Cou y Commissioners "I "' r Q $ O e uty Cbimty, erk Weld County, Colorado t It c ' `.4 La C •1n co ties where book and page numbers hays beer.uhcliul.,J. +'•• t' No,927, PARTIAL RELRASR OF DYED OF MOOT T'Y THE i^Ja7.IC tRUCTYY. --illrJl.,'d P1:nl4ak.y Co,1Ff1-1i Stout Street, Danvo, Colorado _ :yqL ESCROW AGREEMENT AND INSTRUCTIONS TO: H.T.C. ESCROW COMPANY The undersigned, Buyer and Seller hereby deliver to you these instruments, documents, money, or property, hereafter sometimes called "items" , described in the attached Schedule "A" to be held and disposed of by you in accordance, with the directions contained in the attached Schedule "B" and on the following terms and conditions: SECTION ONE POSITION OF AGENT H.T.C. Escrow Company, hereafter called Agent, acts hereunder as a depositary only and is not a party to, or bound by any agreement or undertaking which may be evidenced by or arise out of any items deposited with it hereunder, and is not responsible or liable in any manner for the sufficiency, correctness, genuineness, or validity of any of the items and undertakes no responsibility or liability for the form of execution of such items or the identity, authority, title or rights of any person executing or depositing any of the items described in Schedule "A" . SECTION TWO LIABILITY OF AGENT Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. No liability will be incurred by Agent if, in the event of any dispute or question as to the construction of the directions in Schedule "B" , it acts in accordance with the opinion of its legal counsel. Buyer and Seller agree to indemnify Agent and to hold Agent harmless against any claims whatsoever in the event of any dispute between Buyer and Seller or with any third person with respect to this agreement. SECTION THREE NOTICES OF DEFAULT All notices of default of any persons shall be given in writing to an officer of Agent. Unless written notice shall be so given, Agent shall not be required to take or be bound by notice of any default or to take action concerning such default. If written notice of default is properly given and Agent is required on receipt thereof to take any action with respect to such default, and such action involves any expense or liability, Agent shall not be required to take any such action unless it is indemnified against such expense or liability in a manner satisfactory to it. SECTION FOUR DOCUMENTS Agent is authorized to act on any document believed by it to be genuine and to be signed by the proper party or parties, and will incur no liability in so acting. SECTION FIVE ADVERSE CLAIMS In the event of any disagreement or the presentation of adverse claims or demands in connection with or for any item affected hereby, Agent shall at its option be entitled to refuse to comply with any such claims or demands during the continuance of such disagreement and may refrain from delivering any item affected hereby, and in so doing Agent shall not become liable to the undersigned, or any of them, or to any persons named in the attached schedules, or to any other person, due to its failure to comply with any such adverse claim or demand. Agent shall be entitled to continue, without liability, to refrain and refuse to act: (a) Until all the rights of the adverse claimants have been finally adjudicated by a court having jurisdiction of the parties and the items affected hereby, after which time the agent shall be entitled to act in conformity with such adjudication; or (b) Until all differences shall have been adjusted by agreement and Agent shall have been notified thereof and , shall have been directed in writing signed jointly or in counterpart by the undersigned and by all persons making adverse claims or demands, at which time Agent shall be protected in acting in compliance therewith. Agent may, at its option, in the absence of a final adjudication or agreement between the parties, interplead any items held by Agent into the District Court for the City and County of Denver, State of Colorado, and shall be entitled to reimbursement for its reasonable attorney' s fees in so doing. 2 SECTION SIX COMPENSATION LIEN Agent agrees to serve without compensation under this agreement. However, Agent shall have a first lien on all items held by it herewith for any costs, liability, expenses or fees it may reasonably incur as the consequence of its acting as Agent hereunder. Dated this 22nd day of May, 1987. BUYER: jA41c 6LGera Bair id ic, la Deborah L. Bair SELLER: PARKLAND HOMEOWNERS ASSOCIATION By: C1/4 encq A77 (JL James T. Ayers, Jr. / Attorney-in-Fact H.T.C. Escrow Company acknowledges receipt of your escrow letter of instructions, of which the foregoing is a copy, and of the items listed in Schedule "A" thereof, and agrees to hold and dispose of the items in accordance with the terms and conditions in the escrow letter of instructions and the directions contained in Schedule "B" thereof. I Dated this 2_Z—day of Y c'-1- , 1987 . H. .C. ESCROW COMPANY By:` (� c A oc, James T. Ayers, Jr. Assistant Secretary JTA35d 00068 . 019 3 • • SCHEDULE "A" Quitclaim Deed dated May 22 , 1987 from Gerald L. Bair and Deborah L. Bair to H.T.C. Escrow Company, covering Lot 12 , Block 1 , Park Land Estates, Weld County, Colorado. )I‘ iJ • • SCHEDULE "B" Special Instructions 1 . Agent agrees to hold the items identified in Schedule "A" hereof, and then deliver said items according to the following: (a) In the event that agent receives, on or before May 22 , 1990 , written notice from the seller that buyer is more than ninety (90) days in default of buyer' s obligation to make any installment payment due under that certain Promissory Note between buyer and H.T.C. Escrow Company, dated May 22 , 1987 , then agent shall cause said items described in Schedule "A" to be recorded with the County Clerk and Recorder, Weld County, Colorado, or, in the alternative, to be delivered to seller according to the instructions given by seller in the notice to agent. In the further event that the items described in Schedule "A" are recorded with the Clerk and Recorder of Weld County, Colorado, then the seller represents to agent that the property delivered thereby to agent is delivered pursuant to that certain Security and Escrow Agreement dated October 17, 1984 , by and between the Parkland Homeowners Association, Inc. and the County of Weld, State of Colorado, for disposition by agent in accordance with said agreement. (b) In the event that agent does not receive the notice from seller described in paragraph 1 (a) above of this Schedule "B" , then agent shall deliver the items described in Schedule "A" hereto to buyer, for disposition by buyer as buyer sees fit. JTA35d CP • The printed portion of Ihit form appro•td Colorado Rol E.Iau Commi.•ion 155.60-7-71 STATEMENT OF SETTLEMENT SELLER'S PURCHASER'S O Weld County PROPERTY ADDRESS SELLERPARKLAND HONEO6dNERS' ASSOCIATION, INC. , PURCHASER �aD L. BAIR n DEBORAH L. BAIR SETTLEMENT DATE 5/22/87 DATE OF PRORATION 5/22/87 LEGAL DESCRIPTION: Lot 12, Block 1, PARK LAND ESTATES, a Subdivision of Weld County Debit Credit 1. Selling Price I 3109_00L0C 2. Deposit,paid to 3. Trust Deed,payable to pARK LAND Rpmpos,,NEg$ AssocIATIoN 294000 ,00 4. Trust Deed,payable to (To be held by HIC Escrow) 5. Trust Deed,payoff to 6. Interest on Loan Assumed 7. Title Ins.Premium 06ZIBRS TITLE van 236,60 8. Abstracting: Before Sale 9. After Sale 10. Title Exam.by 11. Recording: Warranty Deed 12. Trust Deed 13. Release 14. Other 15. Documentary Fee 16. Certificate of Taxes Due 17. Taxes for Preceding Year(s) PAID 18. Taxes for Current Year 1987 " 320.52 .8781/day x 141 Jaya 123,81 19. Tax Reserve 20. Special Taxes 21. Personal Property Taxes 22. Hazard Ins.Prem. Assumed—Policy No. Co. $ Yr.Term Expires Premium$ Days Unused at 0 per day 23. Premium for New Insurance 24. Hazard Ins.Reserve 25. FHA Mortgage Ins.Assumed 26. FHA Mortgage Ins.Reserve 27. Loan Service Fee (Buyer) 28.• Loan Discount Fee (Seller) 29. Interest on New Loan 30. Survey and/or Credit Report 31. Appraisal Fee 32. Water and/or Sewer 33. Rents 34. Security Deposits 35. Loan Transfer Fee 36. Loan Payment Due 37. Broker's Fee 5% -, $1,595.00 R P1DIjISSORY N07£ Closing Pee 25 00 Sub-Totals 294385_141 31,900,0( Balance due tolfrom Seller I 2,514,59 Balance due to/from Buyer TOTALS 31,900,00 31,900.0( The above figures do not include sales or use taxes on personal property - APPROVED and ACCEPTED �/Selle a' c-V .�� Broker C OF LONCVIDNT PAiEnD IIOh)EJCJ— At ASSOCIATION, INC. by Ayers At rney Purchaser/Seller By'� 4111 the printed portion of rhi. form appro.ed Colorado Real FHare Commi.don ,SS-60.7.1 STATEMENT OF SETTLEMENT SELLER'S p PURCHASER'S al PROPERTY ADDRESS weld County SELLER_PARKLAND HCNEOiNERS' ASSOCIATION, INC.PURCHASE GERALD L. BAIR SETTLEMENT DATE 5/22/87 DATE OF PRORATION 5/22/87 LEGAL DESCRIPTION: Lot 12, Block 1, PARK LAND ESTATES, a Subdivision of Weld County Debit Credit 1. Selling Price 1 31,900',00 2. Deposit,paid to $3,AQQQ;QQ PrarttSSory Note 3. Trust Deed,payable to mica HotiocksigERs Assoc, 29,000 ,0& 4. Trust Deed,payable to 5. Trust Deed,payoff to 6. Interest on Loan Assumed 7. Title Ins.Premium 8. Abstracting: Before Sale 9. After Sale 10. Title Exam. by 11. Recording: Warranty Deed 3,00 12. Trust Deed 6,00 13. Release 14. Other 15. Documentary Fee 3.19 16. Certificate of Taxes Due 5.00 17. Taxes for Preceding Year(s) 1,986 c, pap ±Y SE,4fER 18. Taxes for Current Year 1987 -, $320,52 123,8 19. Tax Reserve 20. Special Taxes 21. Personal Property Taxes 22. Hazard Ins.Prem. Assumed—Policy No. Co. $ Yr.Term Expires Premium$ Days Unused at 0 per day 23. Premium for New Insurance 24. Hazard Ins. Reserve 25. FHA Mortgage Ins.Assumed 26. FHA Mortgage Ins.Reserve 27. Loan Service Fee (Buyer) 28. Loan Discount Fee (Seller) 29. Interest on New Loan 30. Survey and/or Credit Report 31. Appraisal Fee 32. Water and/or Sewer 33. Rents 34. Security Deposits 35. Loan Transfer Fee 36. Loan Payment Due 37. Broker's Fee PARKLAND HQtflmF.RS AS$OCWA,TICN 3,407.00 _ Fp; pp .1,i'frtiprV of Left Hand Water Sub-Totals 35(324_,19 , 29_(123,8: Balance due to/from Seller Balance due Nerom Buyer &a IN cERTurzp gyps 9DTRANsAmoRicA TIT 6,200.31 TOTALS 35(324,9 35(3241! The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED Purchaser Broker O L. BAIR Purchaser/S 1₹tau' �lt�, g/ REAL ESTATE TAX AGREEMENT It is hereby understood and agreed between the purchasers and sellers of property known as: Lot 12, Block 1, PARK LAND ESTATES that taxes for the current year have been adjusted as of this date as follows: BASIS FOR PRORATION n Taxes have been prorated on an estimate of $ for the year 19 based on the most recent mill levy of and the most recent assessment of $ IgTaxes have been prorated on the basis of the previous year's taxes. nTaxes have been prorated on an estimate of $ for the year 19 AGREEMENT FOR READJUSTMENT EaThe above tax proration is considered to be final settlement. nThe above tax proration will be readjusted between purchasers and sellers when the actual tax statement becomes available. ASSESSMENTS It is further understood and agreed between the purchasers and the sellers that: n Special improvements now in are paid in full. nSpecial improvements now in and being paid in annual installments to be assumed by the purchasers. n Special improvements now in, but not assessed as of this date, shall be assumed by: ❑ Purchasers ❑ Sellers, and paid in full n Special improvements installed as of the date of purchaser's signature on contract, whether assessed or not, shall be assumed by purchasers, and paid in full. OTHER THAN TAX INFORMATION DISCLOSED ON THE CERTIFICATE OF TAXES DUE, THE INFORMATION ABOVE WAS OBTAINED BY TELEPHONE FROM THE COUNTY ASSESSOR'S/ TREASURER'S OFFICE AND/OR APPROPRIATE CITY AUTHORITY. WE ACKNOWLEDGE THAT TRANSAMERICA TITLE INSURANCE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY READJUSTMENT OF TAXES AFTER CLOSING. WE HEREBY RELEASE TRANSAMERICA TITLE INSURANCE COMPANY FROM ANY AND ALL LIABILITY FOR THE ACCURACY OF THE VERBAL OR WRITTEN INFORMATION RECEIVED. APPROVED AND ACCEPTED: VEdu..S R Q AND HO!BCkO JNER$ SOCIATION, INC, R Lf BN2j BY: Tom Ayexs - Attorney /-t c,Y ( (.%2Ot,DEB0RAH L. BAIR This agreement executed this day of , 19 Fnrm Nn. C-750 Rev. 6-85 XPY PROMISSORY NOTE $29, 000. 00 May 22 , 1987 Denver, Colorado FOR VALUE RECEIVED, Gerald L. Bair and Deborah L. Bair promise to pay to the order of H.T.C. Escrow Company whose address is 1655 Grant Street, City and County of Denver, State of Colorado, the sum of Twenty-Nine Thousand Dollars ($29,000. 00) in U.S. currency, together with interest at a rate of nine percent (9%) per annum, payable as follows : Equal payments of $300. 00 per month due on the 1st day of each month beginning July 1 , 1987 and continuing until the entire indebtedness is fully paid. If not sooner paid, the entire principal amount and accrued interest shall be due and payable on May 22, 1992 . Said payments shall be sent to H.T.C. Escrow Company in care of the Parkland Homeowner' s Association at 4732 Sylvia Lane, Erie, Colorado, 80516, or such other address as payee may direct in writing. This note may be prepaid in full at any time without notice, premium or penalty. It is agreed that if this note or any installment due here- under is not paid when due or declared due hereunder, the prin- cipal and accrued interest thereon shall draw interest at a rate of fourteen percent (14%) , and that a failure to make any payment of principal or interest when due or any default under any encumbrance or agreement securing this note shall cause the whole note to become due at once, or the interest to be counted as principal, at the option of the holder of the note. The maker (s) hereof waive (s) presentment for payment, protest, notice of non-payment and of protest, and agree (s) to any extension of time of payment and partial payments before, at, or after maturity, and if this note or interest thereon is not paid when due, or suit is brought, agree to pay all reasonable costs of collection, including a reasonable sum for attorney' s fees, and if foreclosure is made by the Public Trustee, for attorney' s fees to be added by the Public Trustee to the cost of foreclosure. The rights and remedies of the holder as provided in this note and the Deed of Trust shall be cumulative and concurrent and may be pursued singly, successively, or together. The failure to exercise any such right, remedy or election shall in no event be construed as a waiver or release of such rights, remedies or elections or of the rights to exercise them at any later time. This note is to be construed according to the laws of the State of Colorado. • • Whenever used herein, the words "maker" , "payee" , or "holder" shall be deemed to include their respective heirs, personal representatives, successors and assigns. The liability of the undersigned with respect to this note shall be joint and several. This note is secured by a Deed of Trust on a parcel of land in the County of Weld, Colorado. IN WITNESS WHEREOF, the maker has caused this note to be executed as of the date first above written. G ald L. Bair By4,417-7 /At_. Debdrah L. Bair DWA5 Recorded at o'cloll. M., Reception No. Rec _ r QUIT CLAIM DEED THIS DEED, Made this 22nd day of May , 1987 , CFt") tl between J: n raid L. Bair and Deborah L. Bair as joint tenants ' 0.i I of the `County of Weld and State of Colorado, grantor(s), and H.T.C. Escrow Company whose legal address is 1655 Grant Street of the City and County of Denver and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of Ten Dollars and other good and valuable consideration -HOLLARS the receipt and sufficiency of which is hereby acknowledged,ha remised,released,sold,conveyed and QUIT CLAIMED,and by these presents do remise.release, sell,convey and QUIT CLAIM unto the grantee(s), its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado, described as follows: Lot 12, Block 1 Parkland Estates I I (Convenience Dced, No Consideration, No Documentary Fee Required) ! also known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use, benefit and behoof of the grantee(s), its heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)have executed this deed on the date set forth above. BY: /i I 4F¢rald L. Bair Deborah L. Bair I STATE OF COLORADO, ss. County of Ski The foregoing instrument was acknowledged before me this a2 ,faA day of ,t,/�� , 19 S7, by f•Prald L. Bair and Deborah L. Bair. 04 'wurryiis{(m 6cpires &m w_4 9 , 19 ?0. Witness my hand and official seal. OTAR yfir : 11 t i - ` ,s c T sp ,Geock, I N•• l//p Il.\ / �i [) ,r Notary Kibbe (� ',, OF fc-' , f elf in Denver, insert"City and." No.933.Rer.35.5. QUIT CLAIM DEED Bradford Publishing.5825 w 6th Ave.,Lakewood,CO 80214-1303)233-6900 10-85 Reception No. order. Recorded at del. M., F WARRANTY DEED • RECORDER'S STAMP THIS DEED, Made this 22nd day of May • 19 87 between PARKLAND HOME NERS'ASSOrIATIONf, I,TTC., a Colorado i Non-Profit Cox 3oration of the 'County of Weld and State of Colorado,grantor(s), and GERALD L. BAIR AND DEBORAH L. BAIR as joint tenants whose legal address is of the County of and State of Colorado, grantees: WITNESS, that the grantor(s), for and in consideration of the sum of Thirty-One Thousand Nine Hundred Dollars (31,900.00) 20aMQ2N, the receipt and sufficiency of which is hereby acknowledged, haS granted, bargained, sold and conveyed, and by these presents does grant,bargain,sell,convey and confirm unto the grantees,their heirs and assigns forever,not in tenancy in common but in joint tenancy, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado,described as follows: Lot 12, Block 1 Parkland Estates DOCUMENTARY Fi≤t $3.19 also known by street and number as i. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate, tight,title,interest,claim and demand whatsoever of the grantor(s),either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs and assigns forever. And the grantor(s), for it self , its heirs and personal representatives do es covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents well seized of the premises above conveyed,ha good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple.and ha good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,encumbrances and restrictions of whatever kind or nature soever, The grantor(s)shall and will WARRANT AND FOREVER DEFEND-the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF the grantor(s)ha S executed this deed on the date set forth above. PARKT HOMFfl'NRRS�ASSOC�IAATIIOON. INC. BY ld B ,ittel, President.; •- ele- ) STATE OF COLORADO ss. City & County of Denver 1 .The foregdf6g,� sstrument was acknowledged before me this 22nd day of May , 19 87 , by P' r _ ,ntr erslAssociation, Inc., a Colorado Non-RX'7£?:£ CotporQti:on ii i (�YA�� pti1 Aonald Pitte1, President o plRlmis-sltln e>t�� s- April 1 . 1990 . Witness my hand and official seal. 41• 1AUBtt1'it C:24 9 /2„.....,cieta_cc..- O 0. .,.. .,,.., c. NowyPublic rr r,, `If in Denver,insert"City and." No.921.Rev.5.86. WARRANTY DEED(lo Joint Tenants) Bradford Publishing,5825 W.6th Ave.,Lak.,,aJ.CO 80214—(303)233-6900 5-86 !e B llakREC 02101037 05/27/87 1159 $6. 00 1/002 M2101037 F 01 MARY ANN FECERSTEIN CLERIM, RECORDER WELD CO, CO • DEED OF TRUST THIS INDENTERE,Made this 22nd Jos of May . 19 87 ,between • Gerald L. Bair and Deborah L. Bair as joint tenants whose address is • hereinafter referred to as grantor.and the Public Trustee of the -County ot Weld . State of Colorado, hereinafter referred to as Public Trustee. • WITNESSETH, THAT. WHEREAS. H (Gerald L. Bair and Deborah L. Bair has executed a promissory note or notes.hereinafter referred to in the singular.dated May 22, 1987 ,for the pfincipi sum of rIWenty-Nine Thousand ($29,000.00) Dollars.payable to the order of ',li \Ji ,C. Escrow Company • vasty (f.hicce. k/. 1655 Grant Street, Denver, CO 80203 !Set forth in said note after the date hereof.w ith interest thereon from the date thereof iii ''At the rate lit l 9B percent per annum,payable in Equal monthly payments of $300.00 jr month due on the first day of each month ! ii, beginning`July 1, 1987, and continuing until the entire indebtedness is fully U;paid.,,. If not sooner paid, the entire principal amount and accrued interest shall be,due and payable on May 22, 1992. AND WHEREAS.The erantor is desirous of securing payment of the principal and interest of said promissory note in whose hands soever the said note or any of them may be. NOW,THEREFORE.The_grantor.in consideration of the premises and for the purpose aforesaid.does hereby grant.bargain,sell and convey unto the said Public Trustee in trust forever. the following described property,situate in the County of Weld ,State of Colorado.to wit Lot 12, Block 1 Parkland Estates • • i I J • also known by street and number as TO HAVE AND TO HOLD the same,together with all and singular the privileges and appurtenances[hereunto belonging:In Trust nevertheless,that in case of default in the payment of said note or any of them.or any part thereof.or in the payment of the interest thereon,according to the tenor and effect of said note or any of them,or in the payment of any prior encumbrances.principal or interest,if any,or in case default shall be made in or in case of violation or breach of any of the terms,conditions.convenan(s or agreements herein contained,the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants herein contained and elect to advertise said property for sale and demand such sale,(hen, upon filing notice of such election and demand for sale with the Public Trustee.who shall upon receipt of such notice of election and demand for sale cause a copy of the same to be recorded in the recorder's office of the county in which said real estate is situated,it shall and may be lawful for the Public Trustee to sell and dispose of the same(en masse or in separate parcels,as the said Public Trustee may think best),and all the right,title and interest of the grantor, his heirs or assigns therein,at public auction at the front door of the Court House,in the County of Weld - State of Colorado.or on said premises,or any part thereof as may be specified in the notice of said sale.for the highest and best price the same will bring in cash,four weeks public notice having been previously given of the time and place of such sale-by advertisement,weekly,in some newspaper of general circulation at that time published in said County of Weld ,a copy of which notice shall be mailed within ten days from the date of the first publication thereof to the grantor at the address herein given and to such person or persons appearing to have acquired a subsequent record interest in said real estate at the address given in the recorded instrument:where only the county and state is given as the address then such notice shall be mailed to the county seat,and to make and give to the purchaser or purchasers of such property at such sale,a certificate or certificates in writing describing such property purchased.and the sum or sums paid therefor.and the time when the purchaser or purchasers(or other person entitled thereto)shall be entitled to a deed or deeds therefor,unless the same shall be redeemed as is provided by law:and said Public Trustee shall, upon demand by the person or persons holding the said certificate or certificates of purchase,when said demand is made.or upon demand by the person entitled to a deed to and for the property purchased.a(the time such demand is made,the time for redemption having expired,make and execute to such person or persons a deed or deeds to the said property purchased.which said deed or deeds shall be in(he ordinary form of a conveyance,and shall be signed,acknowledged and delivered by the said Public Trustee and shall convey and quitclaim to such person or persons entitled to such deed,the said property purchased as aforesaid and all the right,title,interest,benefit and equity of redemption of the grantor.his heirs and assigns therein,and shall recite the sum or sums for which the said property was sold and shall refer to the power of sale therein contained.and to the sale or sales made by virtue thereof;and in case of an assignment of such certificate or certificates of purchase, or in case of the redemption of such property, by a subsequent encumbrancer.such assignment or redemption shall also be referred to in such deed or deeds;but the notice of sale need not be set out in such deed or deeds and the Public Trustee shall,out of the proceeds or avails of such sale.after first paying and retaining all fees,charges and costs of making said sale, pay to(he beneficiary hereunder or the legal holder of said note the principal and interest due on said note according to the tenor and effect thereof,and ail moneys advanced by such beneficiary or legal holder of said note for insurance,taxes and assessments,with interest thereon at 14 per cent per annum,rendering the overplus,if any,unto the grantor,his legal representatives or assigns;which sale or sales and said deed or deeds so made shall be a perpetual bar,both in law and equity,against the grantor,his heirs and assigns,and all other persons claiming the said property,or any part thereof,by. from,through or under the grantor,or any of them.The holder or holders ot said note or notes may purchase said property or any part thereof;and it shall not be obligatory upon the purchaser or purchasers a(any such sale to see to the application of the purchase money. If a release deed be required.it is agreed that the grantor.his heirs or assigns, will pay the expense thereof. 'If in Denver, insert"City and." • No.341A. Rev. 2-84. DEED OF TRUST(Public Trustee,With Due on Sale Clause 944 ) Bradford Publishing.5825 W.6th Are.,Lakewood,CO 80_'14—1303)233-6900 When recorded. return to H.T.C. Escrow Company, 1655 Grant St. Denver, CO 80203 B 1"I58 ,'.EC 021010 3 7 05/27/87 12: 59 $6. 00 2/002 F 0102 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO And the grantor.for himself and his heirs,personal representatives or assigns covenants and agrees to and with the Public Trustee,that at the time of the ensealing of and delivery of these presents he is well seized of the said land and tenements 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:herehy fully and absolutely waiving and releasing ail rights and claims he may have in or to said lands.tenements,and property as a Homestead Exemption.or other exemption,under and by virtue of any act of the General Assembly of the State olColorado,or as any exemption under and by virtue of any act of the United States Congress.now existing or which may hereafter be passed in relation thereto and that the same are free and clear of all liens and encumbrances whateverrt.-vert and the above bargained property in the quiet and peaceable possession of the Public Tmstee,his successors and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the grantor shall and will Warrant and Forever Defend. Until payment in full of the indebtedness,the grantor shall timely pay all taxes and assessments levied on the property:any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any;and will keep all improvements that may be en said lands insured against any casualty loss,including extended coverage,in a company or companies meeting the net worth requirements of the beneficiary hereof in an amount not less than the then total indebtedness.Each policy shall contain a loss payable clause naming the beneficiary as mortgagee and shall further provide that the insurance may not be canceled upon less than ten days written notice io the beneficiary.At the option of the beneficiary,the original policy or policies of insurance shall be delivered to the beneficiary as further security for the indebtedness. Should the grantor fail to insure and deliver the policies or to pay taxes or assessments as the same fall due,or to pay any amounts payable upon senior encumbrances,if any,the beneficiary may make any such payments or procure any such insurance,and all monies so paid with interest thereon at the rate of 14 7r per annum shall be added to and become a part of the indebtedness secured by this Decd of Trust and may be paid out of the proceeds of the sale of the property if not paid by the grantor.In addition, and at its option, the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to procure insurance or make any of the payments required by this paragraph. If all or any part of the property or an interest therein is sold or transferred by the grantor without beneficiary's prior written consent,excluding(a)the creation of a lien or encumbrance subordinate to this Deed of Trust.(b)the creation of a purchase money security interest for household appliances,(c)a transfer by devise,descent or by operation of law upon the death of a joint tenant or td)the grant of any leasehold interest of three years or less not containing an option to purchase,beneficiary may,at beneficiary's option.declare all the sums secured by this Deed of Trust to be immediately due and payable.Beneficiary 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 and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as beneficiary shall request. AND THAT IN CASE OF ANY DEFAULT,Whereby the right of foreclosure occurs hereunder,the Public Trustee or the holder of said note or certificate of purchase,shall at once become entitled to the possession,use and enjoyment of the property aforesaid,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 shall at once be delivered to the Public Trustee or the holder of said note or certificate of purchase on request,and on refusal,the delivery of such possession may be enforced by the Public Trustee or the holder of said note or certificate of purchase by any appropriate civil suit or proceeding.and the Public Trustee,or the holder of said note or certificate of purchase.or any thereof,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—notice being hereby expressly waived—and all rents. issues and profits. income and revenue therefrom shall he applied by such Receiver to the payment of the indebtedness hereby secured. according to the law and the orders and directions of the court. AND,That in case of default in any of said payments of principal or interest.according to the tenor and effect of said promissory note aforesaid,or any of them.or any part thereof,or of a breach or violation of any ofthe covenants or agreements herein,by the grantor,his personal representatives or assigns, then and in that case the whole of said principal sum hereby secured.and the interest thereon to the time of the sale.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,and that if foreclosure he made by the Public Tmstee,an attorney's fee of the sum of a reasonable aiount • dollars for services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a part of the cost of foreclosure,and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such foreclosure proceedings. The singular number shall include the plural.the plural the singular,and the use of any gender shall be applicable to all genders. • .. Executed this day of 19 ATTEST: J 1...� ,„,,(era L. BaAr (SEAL) 1/� ( rc 7//L, ph/4/4+rah L. Rai r. State of Colorado County of g;-ukde.L The foregoing instrument was acknowledged before me in the County of /1)--( L_t✓ , S;ti'(ftch,,,,Colorado , this 22nd day of May . 1987 .by herald L. Bair and De o,151,,,, Bair. i c i:Wittt:aS my5tattd"and seal. l Lt TS_riL40-4— Pt\s1rcommitiontexpircs 7_y_I/'CD Nuwr IV5/2a/AC-4 Lc -Cr.-0-C, l T / 1l5O /7`{` Cz'c . 4x7{�/yau-z9 C3 - 'A'.~&t3a„�G :,M1 Adam., .../ • Dr �t" r i t fr et c Grl 3 I �l CID h (ttE I �I s Z J o a W p w O rt n c 1 i o v CL fl, O o t Y o 9. o E ! le CI F a W 7 O O (j t r 'v W ar= 11m >, 0 a v A _ Z .I F v y _ iii i s V V if o' v �.. ill • E • —1 Reception No .. Recorder. RECORDER'S STAMP ALL MEN BY THESE PRESENTS, That, Whereas, PARKLAND HOMEOWNERS' ASSOCIATION, INC. of by 'Deed of Trust dated the 17th day of October , 19 84 , and duly recorded in the office of the County Clerk and Recorder of the County of Weld , in the State of Colorado, on the 16th day of November , 19 84 , in Book 1049 atlitsutec ( l)xrz.l$exx reception No. 1988865 )• conveyed to the Public Trustee in said Weld County, certain property in said Deed of Trust described in trust to secure to the order of County of Weld, State of Colorado the payment of the indebtedness mentioned therein. AND, WHEREAS, said indebtedness has beer. partially paid and the purposes of said trust have been partially satisfied NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deed e' en of Trust, and in consideration of the premises, and in further consideration of the sum ofA Dollars to mein hand paid, the receipt whereof is hereby acknowledged,I,as the Public Trustee in said Weld County, do hereby remise, release and quit-claim unto the present owner or owners of the property hereinafter described and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which,I,as such /R Public Trustee have in and to that part and portion of the property, set forth and described in the aforesaid Deed of Trust, described as follows, to wit: Lot 12, Block 1 Parkland Estates situate,lying and being in the County of weld and State of Colorado. TO HAVE AND TO HOLD the same, togtti'er with all and singular the privileges and appur- tenances thereto belonging forever. And further, that, as to the above described property, the said Trust Deed is to be considered as fully and absolutely released,cancelled and forever discharged. Witness my hand and seal this 028 day of ,1997 . W(SEAL) A.the x u;:lc Tn:atee In sold County of EELD STATE OF COLORADO, County of WELD The foregoing instrument was acknowletiged r•efore inc this .2Y` day of , 19177 , by ANNE D. NYE an the Public Trustee in the said County of 4VE1.0 ,Coloradoo. My commission expires September 15, 1987 Witness my hand and Official seal. 10 lb Street. Greeley, CO 80631 notary Public. To the Public Trustee in said Cauuty of WELD • Please execute this release, the indebtetiicas secured by the above mentiunoc# Ihad of Trust having beers partialig psi lid satisfied.• o f ld, State of Colorado ATTEST: thy- awvt e 'rl e I holder of the IndebteJnn,secured by said Deed of Tryµ. hairman, 0 OrX-jrtce_, Board of Cou y Commissioners e uty County lerk Weld County, Colorado •In co ties where book and page numbers have beer,abolithe-L No.927, PARTIAL RRLRARR OP PILED 0P 7MUaT MT TOP PUB!.fr ifttitYltt. 1PY 4-41 Stout Street Denver,Colorado - C 71,n, Direct Inquiries To: `► UnIT .') }SAR1K OF 3ENVc, .A. NS fited Bank ;NE O'JITF9 ;AV!{ CFNTSR 1700 ' Z O A 3 W A Y Statement For DENVER, COLORADO) 30274 UNITED MONEY MARKET ACCCL; T Bank Telephone Page N (3031 $61-H811,_ . � 41 c 0 SAFEKEEPING H T C E 3 C R U'd CO I NIC Account Number Statement Date I kEL COUNTY/?HA) :40 47,5 MAY 29,. 198 1655 GRANT STREET Social Security Number Interest Paid This Year DENVER CO 90203-1501 14-0895403 2.05 .8 DATE "DESCRIPTION WITHDRAWALS DEPOSITS GALA+NC BEGINNING BALANCE APR 30, 1987 649 .4 5/30 INTEREST EARNED 2.60 652.1 TOTAL WITHDRAWALS/DEPOSITS .00 2.66 ENDING BALANCE . . .652.1 INTEREST RATE. HISTORY LISTED 3ELC'W ARE THE RATES PAID ON YOUR ACCOUNT DURING THIS STATEMENT PERIOD DATES DATE 05/01 THRU 05/29 5. 150 • CURRENT RATES AS OF STATEMENT DATE • • • • BALANCE RATE% EFFECTIVE • .:-: .::-ANNUAL ANNUAL YIELD .00 - 21499.99 5. 150 i5.284% 2.500.00 5.500 . .. .. x;....5..653 DO YOU NEED MONEY FOR COLLEGE? : FOR EDUCATION FINANCINGS CALL UNITED BANK OF DENVER ' S EDUCATION BANK, 745-4xi45. Transamenco Transamerica • N /� 79 Iow! Title Insurance Company "��• 1 U 0 4 1 �7� Title Insurance Services 1 04797 ESCROW ACCOUNT DATE ESCROW NUMBER FIRST INTERSTATE BANK OF DENVER,N DENVER,COLOM00 PAY TO THE ORDER OF: r ARKLAND HOMEOWNERS ASSOC' ****3,407.00 DOLLARS ', VOID AFTER S MONTHS . Spat/pc L REWIRES SIGNATURES &004 79 78e •: LO 20000 L8i: LO L 3 30 5" TTransamerica Transamerica Title Insurance Services Title Insurance Company 38 18 1004797 SATE ESC'RW NUM:E' ';E^RR^l:'F.' GERALD L'i BAIR TRANSAMERICA OFFICE: DEBORAH L BAIR 750 17TH AVE. Ni LONGMONT 0080501 303-772-2445 TO: SELLER: PARKLAND HOMEOWNERS ASSOC PARKLAND HOMEOWNERS ASSOC PROPERTY LOCATION: LOT 12R BLOCK 1 PARK LANG ESTATES ME ENCLOSE THE FOLLOWING: OUR CHECK IN THE AMOUNT OF $ 3,407.00 VERY TRULY YOURS : LINDA SPURLOCK ESCROW OFFICER Transamence Transamerica 0A Title Insurance Company No. 1004798 zT Title Insurance service , . . 1004798 ESCROW ACCOUNT DATE ESCROW NUMBER ■ FIRST INTERSTATE BANK OF DENVER,N.A. DENVER.COLORADO PAY TO THE ORDER OF: TC ESCROW CO ****2,514.59 DOLLARS RE: SELLER PROCEEDS FROM VOID AFTER B MONTHS PARKLAND HOMEOWNERS ASSOC L R QUIRES TWO SI NATUft ii' 1004798 70 I: 10 20000 LID: 101330511' Transamerica Transamerica Title Insurance Company Title Insurance Services 38 19 1004798 DATE ESCROW NUMBER BUYS R;B^RROI":ER f • • GERALD LI BAIR TRANSAHERICA OFFICE: DEBORAH L BAIR 750 17TH AVE. W1 LONGMUNT C080501 303-772-2445 TO : SELLER: HTC ESCROW CO PARKLAND HOMEOWNERS ASSOC RE : SELLER PROCEEDS FROM PARKLAND HOMEOWNERS ASSOC PROPERTY LOCATION: LOT 12, BLOCK 1 PARK LANG ESTATES WE ENCLOSE THE FOLLOWING: OUR CHECK IN THE AMOUNT OF $ 2,514.59 VERY TRULY YOURS: LINDA SPURLOCK ESCROW OFFICER ? r OFFICE OF COUNTY ATTORN „rift. ^ �1 u',:• 'x PHONE(303)356-4000 EXT.4; `\ P.O. BOX 1! n.. GREELEY, COLORADO 80( COLORADO June 15 , 1987 James T. Ayers, Jr. Clanahan , Tanner, Downing, & Knowlton 1655 Grant Street Denver, CO 80203 RE: Partial Release of Deed of Trust for Lot 12 , Block 1 , Parkland Estates Subdivision , and $7 . 00 Fee for Said Release Dear Tom: Enclosed please find ccpies of the Partial Release of the Deed of Trust for Lot 12 , Block 1 , Parkland Estates, and the Resolution by the Board of County Commissioners of Weld County authorizing the Lame. There was a 57 . 00 charge by the Public Trustee for the Partial Release of the Deed of Trust. Weld County paid the $7. 00 fee. I therefore ask that Parkland Estates reimburse Weld County for the $7. 00 fee.- If you should have any questions or comments concerning the contents of this letter, please feel free to call me at 356-4000 , extension 4391 . Very truly yours, CC-76--(-21 Bruce T. Barker Assistant County Attorney BTB: ss Enc. • • RESOLUTION RE: APPROVE PARTIAL RELEASE OF DEED OF TRUST AND AUTHORIZE CHAIRMAN TO SIGN 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, on October 17 , 1984 , the Board approved a Deed of Trust for Parkland Estates, said document being recorded in Book 1049 , Reception No. 1988865 of the records of the Weld County Clerk and Recorder, and WHEREAS , the Board has been presented with a request for a Partial Release of Deed of Trust for Lot 12 , Block 1 , Parkland Estates , and WHEREAS, after review, the Board deems it advisable to approve said Partial Release, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that the Partial Release cf Deed of Trust concerning Lot 12 , Block 1 , Parkland Estates , be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is ,• authorized to sign said Partial Release. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 20th day of May, A.D. , 1987. BOARD OF COUNTY COMMISSIONERS ATTEST: avw‘`7�F,WA4tw WELD CO OLO O Weld County lerk and Recorder and Clerk to the Board Gor on La c airman 'B1 : O-714--m- 4-) ee w ix r y, Pr Tern puy D putt' County Clerk APPRO ED AS TO FORM: Gene R. Brantner boqu ine o nson ,[' : • J CL , ta,,04 4/ -A l County Attorney D l/ ��' "7. Frank Yamaguchi t, �/ 870390 • .292 Reception No Recorder. ----- -- KNOW ALL MEN BY THESE PRESENTS, That, Wilercas, RECORDER'S STAMP PARKLAND HOMEOWNERS' ASSOCIATION, INC. of by deed of Trust dated the 17th clay of October , 19 84 , and duly recorded in the office of the County Clerk and Recorder of the / County of Weld , in the State of Colorado, on the 16th day of November 19 84 in Book 1 1049 aXXft net AIXn6�ES Y , reception No. 1988865 )• conveyed to the Public Trustee in said Weld County, certain property in said Deed of Trust described in trust to secure to the order of County of Weld, State of Colorado the payment of the indebtedness mentioned therein. AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have been partially satisfied NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deed of Trust, and in consideration of the premises, and in further consideration of the sum oflfl—' en Dollars to me-in hand paid, the receipt whereof is hereby acknowledged, I,as the Public Trustee in said . Weld County, do hereby remise, release and quittclaim unto the present owner or owners of the property hereinafter described and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which, I, as such ./4— Public Trustee have in and to that part and portion of the property, set forth and described in the aforesaid Deed of Trust, described as follows, to wit: Lot 12, Block 1 Parkland Estates Pt O t O1 l t0 1 Ulf ( C e situate, lying and being in the Conntyof Weld and z c State of Colorado. tl v TO HAVE AND TO HOLD the same, tog tier a it h all and singular the privileges and appur- t t tenances thereto belonging forever. And further, that, as to the above described property, the said in c Trust Deed is to be considered as fully and ab:uilufely released,cancelled and forever discharged. ttti Witness my hand and seal this .28 -. d:i^of 77-60-7 199 7 . Z a -z i - n o As the t .,�....tittzt-ein said � (SEAL) tip County of WEED x xE- STATE OF COLORADO, u County of WELD t: 0 The foregoing instrument was acknowleti ;. a ' ef,u e me this .20 day ofo �� 19?7 , by ANNIE D. NYE o n:nl.lic Public Trustee in the said7zi o County of 1+ "fit r-s , Colorado. i O t+ My commission expires Septem per 15, 1SiI l7 n Witness my hand and Official seal, o o 0 n o .... �.. . rte.-..c- • a p i--. t n? .0, ct,cr+, Greeley, CO 80631 Notary Public. To the Public Trustee In said Coual.y of WELD it Iii ,i, Please execute this release, the indebtedness secured by the a`oove mentioned Iked of Trust having b e artiall }paid,and satisffied. o�tny,,•n,f,,Mtld, State of Colorado ,,,.a,,,t.t,,,,, ATTEST':�� ! f ?j{ f, ,o i a1n.n 7 Cttdn.24“.71 Y . r g .J , ` .. `'. L 1. hairmac�'t, V'tcc. c bolder rtn.i a,et.en,...rc�re4br.da ":‘.1.\-......: iq tT..t�t, C� .- C.-,,Jy �/� // T Q- finti,4 !✓ - i-cc Board of Lout -y Commissioners >:..wi cc. o De uty Coiinty, Clerk Weld County. Colorado i s i F— i ' e •In cou ties where buck and page numbers have brs. 01(.II-1 . I ''.ti .. ... a, • OFFICE OF COUNTY ATTORNE PHONE(303)356-4000 EXT.43£ P.O BOX P.O. BOX 19i - - - GREELEY,COLORADO 806c IIIID COLORADO September 21 , 1987 Tom Ayers, Esq. Clanahan, Tanner, Downing, and Knowlton Attorneys at Law 1655 Grant Street Denver, CO 80203 RE: Response to Your August 10 , 1987 , Letter Dear Tom: This letter is in response to your August 10 , 1987 , letter concerning the Parkland Homeowners Association. I did not find enclosed in your August 10 , 1987, letter the fully executed letter agreement dated June 5 , 1987 , modifying the May 21 , 1987 , letter between the Parkland Homeowners Association and Weld County concerning the sale of Lot 12 , Block 1 , in the Parkland Estates Subdivision. I would imagine that this was merely an oversight by your office. Thank you for sending me the copies of the United Bank Statement for account number 840476 (the H.T.C.S . Escrow Weld County/Parkland Homeowners Association Escrow Account) for the months ending May, June, and July, 1987 . I would like to review copies of the statements for said account number for the months ending August, September, and October, 1987, when they become available. In response to Parkland' s request for the transfer of $3 ,000 .00 from the Escrow Account into the Parkland Operating Account for the payment of taxes on lots subject to the October 17, 1984, Security and Escrow Agreement, I do not believe that said Agreement authorizes such transfer. In this respect, I disagree with your August 10 , 1987 , letter. I believe that paragraph 1 of the Security and Escrow Agreement only pertains to lots which are actually sold and "sale proceeds" are received from such sales . The paragraph does not contemplate the payment of taxes on the lots remaining in the Deed of Trust before they are sold. Tom Ayers • Page 2 September 21 , 1987 If you should have any questions or comments concerning this letter, please feel free to call me at 356-4000 , extension 4391 . Very truly yours, i Bruce T. Barker Assistant County Attorney BTB: ss Cst, *1 nitMORAnDU 1 W� Bruce Barker`o To Assistant County Attorney Date September 1. 1987 COLORADO From Alan Miller, UtiJity ity Inspector Subject: Events involving the paving of Rue de Trust in Parkland Estates PROJECT: PARKLAND ESTATES ACTIVITY: Pave Rue de trust LOCATION: Road 5 between CR 10 and 12 SCHEDULE: Pave August 4, 1986 PROGRESS REPORT: 1986 July 28, 1986 - Meet with Frontier Foreman September 10, 1986 - Call re: building permit for entrance sign October 2, 1986 - Base material in place October 24, 1986 - Asphalt placed October 28, 1986 - locate trench failures and begin investigation November 5, 1986 - Field test utility trenches November 13, 1986 - Make punch list of deficiencies and send list of deficiencies to Parkland cc: Rocky Mtn. Natural Gas 1987 January 28, 1987 - Met with contractor and homeowner on punch list May 14, 1987 - Revised punch list May 20, 1987 - Punch list letter to County Attorney July 28, 1987 - Letter from Rocky Mountain on 5-year guarantee August 20, 1987 - Regarding trench repair by Rocky Mountain CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 1655 GRANT STREET BARKLEY L. CLANAHAN JAMES T AYERS, JR. DENVER, COLORADO 80203 IRA E. TANNER, JR. EDWARD DALE PARRISH TELEPHONE 1303) 830-9111 RICHARD DOWNING, JR. SHERYL L. HOWE TELECOPIER (3031 830-0299 DAVID C. KNOWLTON HARRY S. MORROW THOMAS C. MCKEE PETER T. MOORE DENIS B. CLANAHAN JAMES D. BROWNLIE MICHAEL J. WOZNIAK GREGORY D. PENKOWSKY MILAM RANDOLPH PHARO SPECIAL COUNSEL JOSEPH K. REYNOLDS August 10, 1987 Bruce T. Barker, Esq. Assistant County Attorney \Nt, 110 Office of the County Attorney 1031 �J P.O. Box 1948 A Greeley, CO 80602 `PQati' O Re: Parkland Homeowners Association Dear Bruce: Enclosed find a fully executed letter agreement dated June 5 , 1987 modifying the May 21 , 1987 letter agreement between the Parkland Homeowners Association and Weld County concerning the sale of Lot 12 , Block 1 in the Parkland Estates Subdivision. Pursuant to your June 22, 1987 letter, also enclosed please find copies of the United Bank statement for account number 840476, (the HTC Escrow Weld County/Parkland Homeowners Association escrow account) for the months ended May, June and July, 1987 . Finally, enclosed find a letter agreement authorizing a transfer requested by Parkland in the amount of $3, 000 . 00 from the escrow account into the Parkland operating account for the payment of taxes on Lots subject to the October 17 , 1984 Security and Escrow Agreement. Withdrawals from the escrow account to pay taxes are authorized by paragraph 1 of the Security and Escrow Agreement. Please call if you have questions. Sincerely, James T. Ayers, r. JTA:cros Enclosures cc: Parkland Homeowners Association 004/JTA38 CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 1655 GRANT STREET BARKLEY L. CLANAHAN JAMES t AYERS, JR. DENVER, COLORADO 80203 IRA E. TANNER, JR, EDWARD DALE PARRISH TELEPHONE (303) 830-9111 RICHARD DOWNING, JR. SHERYL L. HOWE TELECOPIER (303) 830-0299 DAVID C. KNOWLTON HARRY S. MORROW THOMAS C. MCKEE PETER T. MOORE DENIS B. CLANAHAN JAMES D. BROWNLIE MICHAEL J. WOZNIAK GREGORY D. PENKOWSKY MILAM RANDOLPH PHARO SPECIAL COUNSEL JOSEPH K. REYNOLDS August 10, 1987 Weld County Board of County Commissioners Attn: Bruce Barker P.O. Box 758 Greeley, Colorado 80632 Parkland Homeowners Association, Inc. Attn: Don Bittel Erie, Colorado 80516 Re: Authorization for Withdrawal from HTC Escrow Company, Inc. Weld County/PHA Escrow Account at United Bank of Denver Account Number 840476 Gentlemen: The Parkland Homeowners Association has requested the transfer of $3, 000. 00 from the referenced account to pay real property taxes due on those lots subject to that certain Security and Escrow Agreement dated October 17 , 1984 by and between the Parkland Homeowners Association and Weld County. Said withdrawals from the account are authorized by paragraph 1 of the Security and Escrow Agreement. Your signature below will confirm the authority of HTC Escrow Company to transfer $3,000 . 00 from the escrow account to the Parkland operating account for the payment of said real property taxes. Sincerely, CLANAHAN,TANNER,DOWNING & KNOWLTON AS ATTORNEYS FOR HTC ESCROW CO. By Ja es T. Ayers, Jr. Weld County Board of Commissioners August 10 , 1987 Page 2 BOARD OF COUNTY COMMISSIONERS, PARKLAND HOMEOWNERS WELD COUNTY, COLORADO ASSOCIATION, INC. By By Gordon E. Lacy, Chairman Don Bittel, President JTA:cros 005/JTA38 Direct Inquiries To: • ;r: ' - ‘"/. " e I .ted Bank 17 t 1 statement For ;1� ;•t: l l "'''� ;'C•74 UNITr.0 MON Y ,4A tKET ACC'JU`!T Bank Telephone I Page No 3,^ 2 ) 14`s1- 1.611 1 SAFEKEEPING f-j T C CO I"C C Account Number Statement Date (OJATY/ H1 ) a4J 476 JUN 3;- , 1.'). - • j. =T Social Security Number Interest Paid This Year 94-0A954.773)954''3 2 1 .! OATS UFSCRIPTInN WITHDRAWALS DEPOSITS • 3ALANC: I1.'GI`•1°iI'JG iiALANCE MAY 29, 19S7 652.1. 6/05 1, PJ SIT 2,514. 59 ' . 3 ,156.7, 7/01 INTEREST EARNED NE`] 12.40 . ' • 3,1 75.1. TOTAL 'r"ITH'):?AAALS/DEPUSITS • . .00. • 2.,526.99 ENDING SAL=:•JC:: 3.179.1: INTEREST RATE HISTORY LISTED 3EL3.tU ARE THE RATES PAID ON YOUR ACCOUNT DURING THIS STATEMENT PERIOD. . DATES RATE% 05/30 THRU 06/05 5. 150 06/06 THRU 06/15 5. 500 06/16 THRU 06/30 5.350 CURRENT RATES -AS OF STATEMENT DATE. . .. . 3ALA:NCE SA.TE'x .: ._. .EFFECTIVE . ANNUAL YIELD - • 2 ,499. 9 5. 150 5.284%. 5.350 .5.495`0 . D:3 YOU N=f D MONEY FOR COLLEGE? • FOR EOU2 ATION FINANCING, CALL U`ieI TELL DANK OF DENVER'S EDUCATION '3„NK, 745-4845. vv ova rrryurca iv. H UN I TE1 BANK OF DENVER' _.A. tv, (.ted Bank ONE UNITED BANS( CENTER 1700 BROADWAY Statement For DENVER, COLORADO 80274 UNITED MONEY MARKET ACCOUNT Bank Telephone Page No (303) 861-8811 1 0 SAFEKEEPING H T C ESCROW CO I N C Account Number Statement Date (WELD COUNTY/PHA) 840 476 JUL 31, 1981 1655 S R A PJ T STREET Social Security Number Interest Paid This Year DENVER CO 80203-1601 84-0895403 232.6E DATE DESCRIPTION WITHDRAWALS DEPOSITS BALANCE BEGINNING BALANCE JUN 30, 198T 3,179.12 8101 INTEREST EARNED 14.40 3,193.52 TOTAL WITHDRAWALS/DEPOSITS .00 14.40 ENDING BALANCE 3, 193.52 INTEREST RATE HISTORY LISTED BELOW ARE THE RATES PAID ON YOUR ACCOUNT DURING THIS STATEMENT PERIOD. DATES RATE% 07/01 THRU 07/13 5.350 07/14 THRU 07/31 5.300 CURRENT RATES AS OF STATEMENT DATE BALANCE RATE% EFFECTIVE ANNUAL YIELD • .00 2,499.99 . 5.150 5.284% 2,500.00+ 5.300 5.442% 01 YOU NEED MONEY FOR COLLEGE? FOR EDUCATION FINANCING, CALL UNITED BANK OF DENVER'S EDUCATION BANK, 745-4845. .., (1:1 c' • • tt «• OFFICE OF BOARD OF COUNTY COMMISSIONE PHONE(303)356-4000, EXT- P.O. BOX z - GREELEY,COLORADO 3i {{ • t A" COLORADO May 21 , 1987 Parkland Homeowners Association c/o Mark Williams 4732 Sylvia Lane Erie, CO 80516 RE: Sale of Lot 12, Block 1, Parkland Estates Subdivision Dear Mr. Williams: It is the understanding of the Board of County Commissioners of Weld County that the Parkland Homeowners Association is financing the sale of Lot 12, Block 1, Parkland Estates Subdivision. The sale price is approximately 28,000.00. The purchaser will pay the sum of $2,900.00 at closing on May 22, 1987. This sum will be placed into the HTC Escrow Account, which is controlled by both the Parkland Homeowners Association and the Board of County Commissioners. The balance will be paid at 9% interest, amortized over fifteen (15) years, with a balloon payment due in five (5) years. Lot 12, Block 1 , is included in the Deed of Trust held by the Board of County Commissioners of Weld County. The Deed of Trust was executed on October 17, 1984. The Parkland Homeowners Association is now requesting that the Board release Lot 12, Block 1. After the Board releases this Lot, a total of 11 lots will be left in the Deed of Trust. The Board of County Commissioners is concerned about this method of financing for the sale of the lots held in the Deed of Trust. Specifically, the Board wishes to ensure that the sales of the remaining lots in the Deed of Trust provide enough cash for the paving of the streets and cul-de-sacs to be completed in 1989, in accordance with the Amended Subdivision Improvements Agreement, dated October 17, 1984. I am sure that you share di the same concerns, and I presume that the Parkland Homeowners Association will make every effort to sell the remaining lots in the Deed of Trust for cash. The Board understands the need to sell the lots; however, the Board does not believe that the necessity of making sales should outweigh the intentions as outlined in our October 17, 1984, meeting, i.e. , to have the remaining lots in the Deed of Trust pay for the paving of the streets and cul-de-sacs. Therefore, the Board will release Lot 12, Block 1, Parkland Estates Subdivision, from the Deed of Trust dated October 17, 1984, with the • Parkland Homeownerssociation • Page 2 May 21, 1987 understanding that by doing so, the Board of County Commissioners does not waive its right to object to the sale and the release of the remaining lots in the Deed of Trust if they are financed in this manner. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD C UNTY LO 0 Gordon E. Lacy, irman GEL:as • 0 0 _1 ! • Jf L.:-/ ! . 1--,..‹............ 4-- .... r r 7 4,-. •7 i z ....... . . J ��` i. • .. '' I• ....,f• -,v. t Tr , f --.. - / L. u• _ . i 1 f._- �:., i.• . f. /1 1 1 1• Li, i „:..)..., r i i .I.-.7.. \ ). 11 :/ - T, ... .../ -(t. :;, l f , �,.. . -. .--1-'L- k~2- ,.- . ._-I- Le...... (v ;.1.;.1.0, L, . c L „:„ , .1."e.7:1 --—.1.L4, u Al 1=' ;,`,,..0 �1 ��.. . C_. t `...• •( ,.�....,,, <.- • • � Sc OFFICE OF BOARD OF COUNTY COMMISSION PHONE(303)356-4070, Er I C P.O B(GHEELEV.COLORADO i COLORADO June 5, 1987 James T. Ayers, Jr. Clanahan, Tanner, Downing & Knowlton 1655 Grant Street Denver, CO 80203 RE: Addendum to the Agreement Contained in your May 21, 1987, Letter Dear Mr. Ayers: This letter is an addition to the Agreement between the Parkland Homeowners Association and Weld County as stated in your May 21, 1987, letter concerning the sale of Lot 12, Block 1, Parkland Estates Subdivision. The signed original of your May 21, 1987, letter is attached hereto and is referred to herein as Exhibit "A." _ In addition to the Agreement which is stated in Exhibit "A," it is the understanding of the Board of County Commissioners of Weld County that if the Deed of Trust for Lot 12, Block 1, is foreclosed upon by the H.T.C. Escrow Company, the Lot will then either be resold directly from H.T.C. , with any and all proceeds from such sale going back into the escrow, or the Lot will be placed back in the Deed of Trust, dated October 17, 1984, of which the Board of County Commissioners of Weld County is the Beneficiary. In the later case, the Board would release Lot 12, Block 1, from the Deed of Trust if the Lot was sold, and all proceeds from such sale would go back into the escrow. If this is your understanding, please sign this letter and send the same back to the Board's Office. Very truly yours, BOARD OF COUNTY COMMISSIONERS APPROVED AND ACCEPTED BY: WELD CO NTY, LORAD CLANAHAN, TANNER, DOWNING, AND KNOWLTON or on acy, Ch n By: x v sQ James T. Ayers, Jr. GEL:ss Attorneys for Parkla d Homeowners Association CLANAHAN, TANNER, DOWNING AND KNOWLTON ATTORNEYS AT LAW 1855 GRANT STREET BARKLEY L. CLANAHAN JAMES T AYERS. JR. DENVER, COLORADO 80203 IRA E. TANNER. JR. EDWARD DALE PARRISH TELEPHONE (303) 830-9111 RICHARD DOWNING. JR. SHERYL L. HOWE TELECOPIER (303) 830-0299 DAVID C. KNOWLTON HARRY 5 MORROW THOMAS C. MCKEE PETER T MOORE DENIS B. CLANAHAN SPECIAL COUNSEL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS May 21 , 1987 Bruce T. Barker, Esq. HAND DELIVERED Assistant County Attorney Office of the County-Attorney P.O. Box 1948 Greeley, CO 80632 Re: Sale of Lot 12, Block 1 pursuant to Parkland Homeowners Association Security and Escrow Agreement with Weld County Dear Bruce: This letter will confirm our conversation and understanding with respect the County' s release of its Deed of Trust covering Lot 12, Block 1, in Parkland Estates . The cash proceeds at the time of sale by Parkland of Lot 12, Block 1 have been, or will be, deposited into the H.T.C. Escrow account at the United Bank of Denver pursuant to the Security and Escrow Agreement between the Homeowners Association and Weld County dated October 17, 1984 . The buyers have given their Promissory Note in the amount of $29 ,000 . 00 to H.T.C. Escrow Company and it is secured by a Deed of Trust in favor of H.T.C. Escrow Company on the subject property. The periodic monthly payments required by the Promissory Note will also be deposited into the H.T.C. escrow account. The buyers have also deposited in escrow a Quitclaim Deed in favor of H.T.C. Escrow in an effort to reduce foreclosure expenses in the event the buyers should default within the first three years of the Note and have not subsequently encumbered the property. In the event that H.T.C. Escrow acquires title to the property either because the Quitclaim Deed is recorded or because it forecloses on the Deed of Trust because of the buyers ' default and their subsequent encumbrance or transfer of the property, it is understood and agreed that H.T.C. Escrow will hold title to the property as security for Parkland' s performance of the • ( C Bruce T. Barker, Esq. May 21 , 1987 Page 2 Subdivision Improvement Agreement as more fully set forth in the Security and Escrow Agreement between Parkland and Weld County. I trust that this letter adequately confirms our understanding. Please so indicate by returning a signed copy of this letter agreement for the files of H.T.C. Escrow Company. CLANAHAN, TANNER, DOWNING AND KNOWLTON • A James T. Ayers, Jr. Attorneys for Parkland omeowners Association JTA35d/mjm cc: Parkland Homeowners Assn. H.T.C. Escrow Company APPROVED AND ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: C airman Hello