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Home My WebLink About891432.tiff 1� ,, SI PUBLIC TRUSTEE'S NOTICE OF RIGHTS T() CURE OR REDEEM TO: WHOM IT MAY CONCERN • This is to advise you that foreclosure proceedings No. 'z' / D . were commenced in the office of the Public • 'lrty'see of the _ County of -Wel tl �. , State of Colorado, on the i'Yvy of r"��'�"` — , 19 . The foreclosure concerns the Promissory Note and Deed of Trust executed on the 28th day of July , 19 83 by Circle NI Partnership, a Colorado • Partnership; Alfred W. Miller; Donald Gene Miller; and Paul E. McClure. The Deed of Trust was recorded in the records of the office of the Clerk and Recorder of the County of Weld , State of Colorado, on the 2nd day of August' -_ 19 83 , in Book 1003 at Page . (Film No. , Reception ]935549 )*. The real property which is security for the debt will be sold at Public Trustee's foreclosure sale.Said property is situated in the County of Weld , State of Colorado, and, described as follows: See Exhibit A attached hereto. • • • • • • • • • . • • • '! also known as street and number 20351 Weld County Road 78, Eaton, CO • i • YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE • RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE ANY DEFAULT •i UNDER THE INSTRUMENT BEING FORECLOSED. A COPY OF THE STATUTES, AS SUCH STAT'UT'ES ARE I. PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, 1S ON THE BACK OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES. • Check applicable box: 171 THE PROPERTY DESCRIBED HEREIN IS AGRICULTURAL REAL ESTAI E as defined in §38-39-102, • C.R.S., and may be subject to the provisions of §38-39-102.5, C.R.S., governing bifurcated sales of agricultural real estate. If the owner of said property intends to apply for redemption of an agricultural • • residence, the owner will be required to obtain a standard improvement survey prepared by a certified land • surveyor. • O THE PROPERTY DESCRIBED HEREIN IS NOT AGRICULTURAL REAL ESTATE as defined in §38-39-102, C.R.S. DATED at Greeley, Colorado , this ,.-a day of, �'� ''�/ , 19 89 JC Public Trustee of Weld County 11 Sale Date:11CG't-'t /9gp BY: Deputy Public"Trustee 891432 For use only in connection with Deeds of Trust dated after July I. 19b5. PLO W-% `% This form is to be mailed to those persons and in accordance with those statutes set forth on the reverse of this limn. •In counties where Boot and Page numbers hale been dboli•`.,ed. ANNE D. NYE PUbLIC TRUSTEE CI- WELL, �ctr1020 9th Strr r.t No. 20:),s7 Na. Lr` E•87. I`I'1)I It''1 til'Cf t P'1 tit>itlt'F i)F RUM r�TO('l'HI'.OK N}l 1'F�t Greeley, Cnior ,rin BUT,; IL a.lt,,,.I I'nldr.luu: 15 5 q'(At\s".1..Ar....l.I I)X1,..t 0,I,:)1 tr,ii gc?..t•1rsc i COLORADO REVISED STATUTES 38.39.102. Redemption within specified period—procedure. (I) Except as provided in this section with respect to agricultural real estate or,from July 1,1987,untilJanuary 31,1989,with respect to an agricultural residence as provided in section 38-39-102.5,within seventy-five days after the date of the sale of real estate by virtue of any foreclosure of a mortgage,trust deed,or other lien or by virtue of an execution and levy,the owner of the premises or any person who might be liable upon a deficiency may redeem the premises sold by paying to the public trustee,sheriff,or other proper officer the sum for which the property was sold, with interest from the date of sale at the default rate if specified in the original instrument or, if not so specified,at the regular rate specified in the original instrument,together with any taxes paid or other proper charges as now provided by law,and a certificate of redemption shall be executed by the proper officer and recorded,and the public trustee,sheriff,or other proper officer shall forthwith pay said money to the holder of the certificate of purchase. If the owner of the premises fails to redeem under this section,any person who might be liable upon a deficiency who redeems under this section shall be issued acertificate of redemption only after the expiration of the proper redemption period. (2;(a) In the case of any mortgage or deed of trust upon one or more parcels of real estate,all of which were agricultural real estate both upon the date of recording of such mortgage or deed of trust and on the date of the foreclosure sale,the period within which the owner of the premises or any person who might be liable upon a deficiency may redeem the premises sold is six months. (b)(I) From April 18, 1986,until January 31,1990,the provisions of this subsection(2)shall apply to the redemption of agricultural homestead real estate. (3)(a) The term"agricultural real estate"means,for the purpose of this section,any parcel of real estate,none of which,on the date I of recording of the mortgage or deed of trust or at the time of the foreclosure sale under such mortgage or deed of trust,is either platted as a subdivision or is both located within an incorporated town,city,or city and county and is not valued and assessed as agricultural land pursuant to sections 39-1.102(1.6)(a)and 39-1-103(5),C.R.S.,by the assessor of the county in which the land is located. If it is not evident from the legal description contained in the mortgage or deed of trust that the real estate described therein is or is not agricultural real estate,the public trustee,sheriff,or other proper officer empowered to sell real estate at a foreclosure sale shall accept as evidence that the parcel is not agricultural real estate either a certified copy of the subdivision plat containing all or a part of the parcel of real estate or both a certificate of the clerk of the city, town, or city and county certifying that all or a part of the parcel is located within the incorporated limits of the city, town,or city and county on the date of recording of the mortgage or deed of trust or at the time of the foreclosure sale and a certificate from the assessor of the county in which the property is located certifying that all or a part of the parcel is not valued and assessed as agricultural land.Such plat or certificates shall be obtained and furnished and the certificates recorded,all of I which shall be paid for by the person seeking the determination that the property is not agricultural real estate.If at the time of recording j of the mortgage or deed of trust,or at the time of the foreclosure sale,the property is,in whole or in part,either platted as a subdivision or is both located within the incorporated limits of a town,city,or city and county and is not valued and assessed as agricultural land,it shall be deemed for all purposes under this section, and against all persons, that such parcel is not agricultural real estate. (a.I) The term"agricultural real estate"as defined for purposes of this section in paragraph(a)of this subsection(3)shall also apply i' to this article and articles 37 and 38 of this title. (4) In the case of a foreclosure sale by a public trustee,the public trustee,at least twenty-one days prior to the date on which the sale is originally scheduled by the public trustee,shall mail a notice to the grantor of the deed of trust being foreclosed,to any subsequent owner of record,and to any other person having the right to redeem the premises under subsection(I)of this section,informing such persons of II their redemptive rights, if any, under this section and section 38-39-102.5. (5) The public trustee shall mail such notice to the persons described in subsection(4)of this section only if their interest in the real I estate being foreclosed was established by an instrument recorded with the county clerk and recorder of the county in which said real I estate is located subsequent to the recording of the deed of trust being foreclosed and prior to the recording of the notice of election and demand for sale pursuant to section 38-37-113 (1). Said notice shall be mailed to such persons at the address given in the recorded instrument evidencing their interests. Postage costs under this section shall be part of the foreclosure costs. (6) The sheriff or other proper officer empowered to sell real estate at a foreclosure sale or at an execution sale, but not including I foreclosure sales by the public trustee,at least twenty-one days prior to the date on which the sale is originally scheduled,shall mail a notice to the owner of premises at the street address or comparable identifying numbers of the real estate being sold,if such address or numbers are displayed on the property or any building thereon,informing the owner thereof of his rights,if any,under this section and I I section 38-39-102.5. If there is no street address or comparable identifying numbers to which said notice can be mailed,the sheriff or other proper officer shall mail said notice to the last known address of the owner according to the records of the party requesting the foreclosure or execution sale. (7) If the last day of the seventy-five day redemption period,the six-month redemption period provided for in this section or section 38-39-102.5, or the Iienor redemption periods provided for in section 38-39-103(1) is a Saturday,Sunday,or legal holiday or a day the county courthouse is closed due to inclement weather, the period is extended to include the next business day. II 38.39-102.5. Redemption of agricultural residence. I; (I) An owner of agricultural real estate as defined in section 38-39-102(3)may apply for redemption of an agricultural residence pursuant to the terms and provisions of this section. (2) The term"agricultural residence"means,for the purposes of this article and articles 37 and 38 of this title,notwithstanding any 1 limitations to the contrary contained in or pursuant to articles 28 or 35 of title 30,C.R.S.,or article 23 of title 31,C.R.S.,unless the context otherwise requires, a parcel of agricultural real estate which: (a) Is a contiguous parcel; (b) May be appropriately and reasonably operated as a unit without unnecessary damage or unreasonable effect upon the remaining agricultural real estate; (c) Contains no more than five acres; (d) Has reasonable access to domestic water; (e) Includes the principal residence of the qualified owner; I (f) May include the mineral rights of the qualified owner; (g) May include surrounding outbuildings and corrals; (t.) Does not contain a facility material to the operation of the remaining agricultural real estate; (i) Does not materially interfere with access to the remaining agricultural real estate;and (j) Does not materially interfere with access to water rights usable on the remaining agricultural real estate. (3) The term "remaining agricultural real estate" means, for the purposes of this article and articles 37 and 38 of this title, notwithstanding any limitations to the contrary contained in or pursuant to article 28 or 35 of title 30,C.R.S.,or article 23 of title 31, \i\ C.R.S.,the portion of the agricultural real estate which is not included in the agricultural residence as defined in this section. (4) The term "farmer or rancher' means, for the purposes of this article and articles 37 and 38 of this title unless the context otherwise requires,a person who received more than seventy percent of such person's gross income,over the three taxable years of such person preceding the time of commencement of foreclosure or other action taken to terminate the interest of such person,from a farming operation owned and operated by such person. (5) The term"farming operation" means, for the purposes of this article and articles 37 and 38 of this title, unless the context otherwise requires, farming, tillage of the soil, dairy farming,ranching, production or raising of crops, poultry, or livestock, and production of poultry or livestock products in an unmanufactured state.The term"farming operation"does not include boarding of animals,manufacture of farm products,distribution of farm products,or storage of farm products. (61 T:heterm"qualified owner"mauls,for the purposes of this article and articles 37 and 38 of this title,unless the context otherwise rcqulres, a person who: •.. I I Was title or equitable owner of the agricuhrnal real estate and the farming operation for a period ofthree years preceding the time II of commencement of toreelasure or other action taken to Lennie tae the interest of such person: ...:%, II (hi Maintained the*griatktnal real eta ae as suet math principal residence for a period of three years preceding the time of (t ctwunermencm of knlc arre ix other maim taken so Maaot t_C the Saint of such person; !1 k) Wass farmertrramlrer,ndaflaa4atihityoctias4 fora period Stat>ears gnccding the tint of cannsncement of foreclosure Ohne 1, or r1l+w s,t xst rakan ill unmivart the AIMS;;d m att;prsww:and id. hAar:H{^Mdae a linty tr,+etatasmta aMsK vuLuydmuw coat lest ss,n-aedte.cmy-list percent of the time MCI the four years _: thy thr t , ^ pim n tft nI lei t.e a;,t TT .e 't ttrm'tin ear; rm.Pare ;:'.4: interest of such person. • (7) An owner of agricultural real estate may apply for redemption of an agricultural residence by filing with the public trustee and the court conducting the proceedings under section 38-37-140,or the court properly having jurisdiction in the case of ajudicial foreclosure, or other proper official conducting the foreclosure proceedings, a written notice of intent to apply for redemption of an agricultural residence. In the case of foreclosure through the public trustee, said notice must be filed not less than five days prior to the original hearing date required by section 38-37-140. In the case of ajudicial foreclosure,said notice must be filed concurrently with the owner's answer to the complaint initiating the proceeding or, if no answer is filed by the owner, no later than thirty days after service or too summons and complaint on the owner.A copy of the written notice of Intent to apply for redemption of an agricultural residence must also be served on the attorney of record for the foreclosing creditor on the same day as the notice is filed with the public trustee or the court. Service upon the attorney of record for the foreclosing creditor shall be made in accordance with rule 4 of the Colorado rules of civil procedure. The written notice must contain the following: (a) A legal description of the proposed agricultural residence which must be derived from a standard improvement survey; (b) A standard improvement survey prepared by a certified land surveyor,including the number of acres of the proposed agricultural residence; (c) A certification,under penalty of perjury,that the owner is a qualified owner pursuant to the terms and provisions of this section; (d) A certification that the proposed agricultural residence qualifies as an agricultural residence pursuant to the terms and provisions of this section, including,specifically, that the agricultural residence is a parcel of the agricultural real estate which: (I) Is a contiguous parcel; (II) May be appropriately and reasonably operated as a unit without unnecessary damage or unreasonable effect upon the remaining agricultural real estate; (III) Contains no more than five acres; (IV) Has reasonable access to domestic water; (V) Includes the principal residence of the qualified owner; (VI) May include the mineral rights of the qualified owner; (VII) May include surrounding outbuildings and corrals; (VIII) Does not contain a facility material to the operation of the remaining agricultural real estate; (IX) Does not materially interfere with access to the remaining agricultural real estate;and (X) Does not materially interfere with access to water rights usable on the remaining agricultural real estate; (e) Copies of the owner's federal income tax returns for the preceding three taxable years;except that,if the owner has not prepared federal income tax returns for the year immediately preceding the time of foreclosure,the owner may submit an affidavit,under penalty i of perjury, setting forth all gross income and sources for that year, together with all necessary evidence to support the affidavit; and (f) A certification, by affidavit of service, that the owner has complied with the notice requirements of this subsection(7). (8) In the case of foreclosure through the public trustee, any issues which may arise under the provisions of this section shall be raised and determined within the proceedings for the court order authorizing the sale required under section 38-37-140. (9) Upon issuance of an order authorizing the bifurcated sale of agricultural real estate,the public trustee,sheriff,or other proper officer conducting the sale shall conduct the sale in conformance with said court order and in conformance with the requirements of this article and articles 37 and 38 of this title.The public trustee,sheriff,or other proper officer conducting the sale shall issue and deliver to the purchaser of the agricultural residence a written certificate of purchase in conformance with the requirements of section 38-39-115 and shall note thereon that said certificate of purchase was issued to the purchaser through a bifurcated sale of agricultural real estate. The public trustee, sheriff, or other proper officer conducting the sale shall also issue and deliver to the purchaser of the remaining agricultural real estate a written certificate of purchase in conformance with the requirements of section 38-39-115 and shall note thereon that said certificate of purchase was issued to the purchaser through a bifurcated sale of agricultural real estate. (10)(a) After a bifurcated sale of agricultural real estate,the separate periods of redemption for the agricultural residence and the remaining agricultural real estate shall be as provided in this subsection(10). (b) Within six months after the date of the sale, the owner of the remaining agricultural real estate may redeem the remaining agricultural real estate by paying to the public trustee,sheriff,or other proper official the sum for which the remaining agricultural real estate was sold,with interest from the date of sale at the default rate if specified in the original instrument or, if not so specified,at the regular rate specified in the original instrument,together with any taxes paid or other proper charges, as now provided by law,and a certificate of redemption shall be issued pursuant to the provisions of section 38-39-IO2(I). Any person who might be liable upon a deficiency may redeem the remaining agricultural real estate pursuant to the provisions of section 38-39-102(1).If no redemption is made by the owner of the remaining agricultural real estate or by any person who might be liable upon a deficiency, any subsequent encumbrancer or lienor may redeem the remaining agricultural real estate pursuant to the provisions of section 38-39-103. (c)(l) Within six months after the date of the sale,the owner of the agricultural residence may redeem the agricultural residence by paying to the public trustee,sheriff,or other proper official the sum for which the agricultural residence was sold,with interest from the date of sale at the default rate if specified in the original instrument or, if not so specified, at the regular rate specified in the original instrument,together with any taxes paid or other proper charges as now provided by law,and a certificate of redemption shall be issued pursuant to the provisions of section 38-39-102(1). Any person who might be liable upon a deficiency may redeem the agricultural residence pursuant to the provisions of section 38-39-102(I). (II) If no redemption is made of the agricultural residence by the owner of the premises or by any person who might be liable upon a deficiency, the next subsequent encumbrancer or lienor having the senior lien on the agricultural residence or some part thereof subsequent to the lien upon which the sale was held,according to the records of the county clerk and recorder's office of the county where the real estate is situate, may redeem the agricultural residence pursuant to the provisions of section 38-39-103 by paying to the public trustee,sheriff,or other proper official the sum for which the property was sold,together with interest from the date of sale at the default rate if specified in the original instrument or,if not so specified,at the regular rate specified in the original instrument,together with any taxes paid or other proper charges as now provided by law. Nothing shall prevent said encumbrancer or lienor from submitting a redemption bid amount which is in excess of the sum for which the property was sold,together with interest and other charges allowed under this subparagraph(II);except that said redemption bid amount shall not exceed the redemption amount required to be paid in this subparagraph(II),plus the amount of the lien of said subsequent encumbranceror lienor.If such redemption bid amount is in excess of the sum for which the property was sold,together with interest and other charges allowed under this subparagraph(II),said encumbrancer or lienor shall pay to the public trustee,sheriff,or other proper official only the sum for which the property was sold,together with interest and other charges allowed under this subparagraph (II). (III) Any other subsequent encumbrancer or lienor may redeem the agricultural residence pursuant to the provisions of section 38-39-103 by paying to the public trustee,sheriff,or other proper official conducting the sale all redemption amounts theretofore paid, with interest,together with the amount of any redemption bid submitted by an encumbrancer or lienor with an interest prior to his own held by such person as evidenced in the manner required in section 38-39-103,with interest.Nothing shall prevent said encumbrancer or lienor from submitting a redemption bid amount in excess of the redemption amount required to be paid in this subparagraph(III);except that said redemption hid amount shall not exceed the redemption amount required to be paid in this subparagraph(III)plus the amount of the lien of said encumbrancer or lienor. (d) After the expiration of all applicable redemption periods provided for subsequent encumbrancers or lienors, the owner of the agricultural residence shall have and be allowed a five-day period to redeem the agricultural residence by paying to the public trustee, sheriff,or other proper official the sum for which the agricultural residence was sold,with interest from the date of sale at the default rate if specified in the original instrument or, if not so specified,at the regular rate specified in the original instrument,together with any taxes paid or other proper charges as now provided by law,together with all redemption amounts theretofore paid and redemption bids submitted by any subsequent encumbrancer or lienor.The owner shall not be entitled to so redeem the agricultural residence unless the owner files a notice of intention to redeem the agricultural residence with the public trustee,sheriff,or other official making the sale no more than thirty days prior to the expiration of the initial six-month redemption period provided to the owner of the agricultural I residence. (e) If redemption of the remaining agricultural real estate is made by the owner of the remaining agricultural real estate, it shall annul the sale and leave the remaining agricultural real estate subject to all liens which would have existed if no sale had been made, except the lien of the foreclosed mortgage or deed of trust which shall be discharged by the sale. If redemption of the remaining agricultural real estate is made by any person because of a deficiency liability on the foreclosed lien or if redemption is made by a lienor, the provisions of section 38-39-105 shall apply. ( _.,. (f) If redemption of the agricultural residence is made by the owner of the agricultural residence as the last person entitled to redeem the agricultural residence pursuant to the provisions of paragraph(d)of this subsection(10),the trustee,sheriff,or such other official shall make and execute a deed to the owner of the agricultural residence,which deed shall be in the manner and form provided by law or in compliance with the terms and conditions of the original mortgage or deed of trust,and said title to the agricultural residence shall vest in the grantee and shall be free and clear of all liens and encumbrances recorded or filed subsequent to the recording or tiling of the lien on which the sale was held. Unless inconsistent with the provisions of this section,and to the extent applicable,the provisions of section 38-39-110 shall apply. (Il) Severance of the agricultural residence and the remaining agricultural real estate pursuant to the provisions of this section shall be exempt from any subdivision limitations or restrictions imposed under article 28 or 35 of title 30,C.R.S.,article 23 of title 31,C.R.S., or any local limitations or restrictions imposed under laws passed by any county or municipality.As used in this subsection(11),the term "municipality"shall have the same meaning as given to such term in section 31-1-101 (6),C.R.S. (12) No action,suit,or proceeding of any kind,nature,or description whatsoever involving the provisions of this section shall be brought or maintained,unless such action, suit,or proceeding is commenced within one year after the date of the foreclosure sale. (13) Nothing shall prevent an owner of agricultural real estate which is the subject of foreclosure proceedings under this article and articles 37 and 38 of this title from waiving the provisions to redeem an agricultural residence pursuant to this section. (14) Nothing shall prevent an owner of agricultural real estate and the owner or holder of the indebtedness from entering into a written agreement for redemption of an agricultural residence pursuant to the provisions of this section. (15) This section shall not affect the interests of any encumbrancer or lienor whose lien is senior to the lien which is the subject of the foreclosure proceedings. (16) Bifurcation of a foreclosure sale shall have no other legal effect than to allow redemption of an agricultural residence pursuant to the provisions of this section. (17) This section shall apply only to security interests in the property held as of January 1, 1986,which are not refinanced with a different lending institution after said date.This section shall not apply to security interests in the property held as of January I; 1986, which arc refinanced with the same lending institution if the owner has provided informed consent. For the purposes of this subsection (17), "refinancing" means obligations which are renewed or amended to provide for different interest rates, payment terms, or any other terms. (18) This section is repealed, effective January 31, 1989. 38.39-118. When default is nonpayment. (1)(a) Whenever the default or violation in the terms of the note and deed of trust or mortgage being foreclosed is nonpayment of any sums due thereunder,the owners of the property being foreclosed or parties liable thereon shall be entitled to cure said defaults if,at least seven days prior to the date the foreclosure sale is held, such owners or parties give written notice, attaching recorded instruments evidencing their right to cure,to the public trustee,sheriff,or other officer conducting the sale of their intention to cure said default and violation and if, on or before 12 noon of the date before the day upon which said sale is set, the owners or parties pay to the officer conducting the sale all delinquent principal and interest payments which are due as of the date of such payment exclusive of that portion of the principal which would not have been due in the absence of acceleration,plus all costs,expenses,late charges,attorney's fees, and other fees incurred by the holder of such note,deed of trust,or mortgage as of the date of payment in connection with such proceedings for collection and foreclosure. (hill) Within ten days after the recording of the notice of election and demand for sale by the public trustee pursuant to section 38-37-113, said public trustee or any other proper officer empowered to sell real estate at a foreclosure sale shall mail a notice to the grantor of the deed of trust and to the owners of the property being foreclosed at the address given in the recorded instrument evidencing the interest of said parties,informing such parties of their rights,if any,under this section,if such instrument evidencing the interest of the owners of the property being foreclosed was recorded with the county clerk and recorder of the county in which said real estate is located subsequent to the recording of the deed of trust being foreclosed and prior to the recording of the notice of election and demand for sale pursuant to section 38-37-113 (I). (II) In the case of foreclosure of agricultural real estate,the public trustee or any other proper officer empowered to sell real estate at a foreclosure shall also mail a notice to any other person having the right to redeem the premises under sections 38-39-102 and 38-39-102.5. (III) In the case of agricultural real estate, the notice required under this paragraph (b) shall include a clear and conspicuous statement that the property is agricultural real estate,that the property may be subject to the provisions of section 38-39-102.5 governing bifurcated sales of agricultural real estate,and that,if the owner intends to apply for redemption of an agricultural residence,the owner will be required to obtain a standard improvement survey prepared by a certified land surveyor. (2) Upon receipt by the officer conducting the sale of said notice of intention to cure the default and violation,such officer shall obtain in writing from the holder of the note, deed of trust,or mortgage a statement of all sums of principal, interest,costs,expenses, late charges,attorney fees,and such other fees as are necessary to cure said default and violation. Upon payment of all withdrawal fees and costs plus an additional fee of thirty-five dollars to the officer conducting said sale on or before 12 noon as provided in this section,all proceedings for foreclosure shall terminate.The officer conducting the sale,upon receipt of a withdrawal pursuant to section 38-37-113 (5), shall deliver said sum to the holder of the note,deed of trust,or mortgage or to the agent or attorney for such holder. (3) Nothing in this section shall constitute a waiver of any right accruing after a subsequent violation of any covenant of said note, deed of trust, or mortgage. 38-39-106. Lessee and installment land contract vendor considered as a Iienor—installment land contract vendee considered as an owner. (I) For the purposes of this article,a lessee of the premises or portion thereof shall be considered as a lienor and shall be subject to all requirements in this article with respect to lienors; but, if a subsequent lienor redeems from the redemption of such lessee, such subsequent Iienor in acquiring said property takes the same subject to the lease of said lessee. (2) For the purposes of this article,an installment land contract vendor of the premises or portion thereof shall be considered as a Iienor for the unpaid portion of the purchase price,interest,and other amounts provided under the installment land contract and shall be subject to all requirements in this article with respect to lienors;but such installment land contract vendor shall not be considered as an owner as to any portion of the premises affected by the installment land contract. (3) For the purposes of this article,an installment land contract vendee of the premises or portion thereof shall be considered as an owner except as to any portion of such premises that such vendee may thereafter have transferred,as evidenced by a recorded instrument, and such vendee shall be subject to all requirements in this article with respect to owners. 38-37-113. (8) The public trustee shall comply with the notice requirements in sections 38-39-102 (4) and 38-39-118 (1), when applicable, by mailing a single notice to the grantor of the deed of trust being foreclosed and to the owners of the property being foreclosed. 38-37-138. Form of payments to public trustee. All moneys payable to a public trustee at any foreclosure sale under the provisions of this article or upon redemption or cure under the provisions of article 39 of this title shall be in the form of cash or in the form of a certified check or cashier's check made payable to such public trustee issued by a federally chartered or state-chartered financial institution,as defined in section 1545-101(3),C.R.S.,licensed to do business in the State of Colorado. • • 6 f i? Exhibit A A tract of land located in the South Half (S 1/2 ) of Section Twenty-one ( 21 ) , Township Seven (7 ) North, Range Sixty-five ( 65 ) West of the 6th P.M. , County of Weld , State of Colorado and being more particularly described as follows : Commencing at the Southeast Corner (SE Cor) of said Section 21 and considering the South line of said Section 21 to bear North 89°46 ' 32" West , with all other bearings contained herein being relative thereto; thence North 89°46 ' 32" West , 1173 . 69 feet to the True Point of Beginning; thence North 89°46 ' 32" West , 4032. 15 feet to the Southwest Corner (SW Cor) of said Section 21 ; thence North 00°17 ' 44 " East , 2493. 95 feet to the West Quarter Corner (W 1/4 ) of said Section 21 ; thence South 88 °54 ' 37 " East , 2821 . 74 feet along the East and West centerline of said Section 21 ; thence South 00°42 ' 25" West , 626 . 22 feet ; thence South 89°34 ' 43" East , 1102. 29 feet along an existing fence line : thence South 05°40 ' 00" East , 49 . 22 feet ; thence South 89°00 ' 00" East, 282. 75 feet ; thence South 06 °10 ' 50 " East , 239. 95 feet ; thence South 06°37 ' 46" East, 688. 78 feet ; thence South 85°22 ' 14 " West , 128. 28 feet ; thence South 10° 57 ' 17" West, 850. 25 feet to the True Point of Beginning . Together with , but not by way of limitation , 4 shares of the capital stock of The Larimer and Weld Irrigation Company, 4 shares of the capital stock of The Windsor Reservoir and Canal Company, 4 shares of the capital stock of the For Far Lateral Company, and the McClure Well No. 1-13621 R adjudicated in Case No. W-8301-76 in the Water Court, Water Division I , State of Colorado, and all irrigation wells, pumps , equipment and all appurtenances thereto; together with all and singular the rights therein, fixtures thereon and appurtenances thereunto belonging or in anywise appertaining, whether now or hereafter acquired, which shall include, without limiting the generality of the foregoing, the following: a. All buildings , structures , fixtures and other improvements located thereon ; b. All rents , issues and profits , including all rents , royalties , bonuses or other income under any existing or future oil , gas , mineral or other leases ; all easements and rights-of-way; c. All water and water rights of any type which are appurtenant to the above-described real estate or which are or may be used on or in connection with the above-described real estate at the present time or at any time hereafter, including , but not limited to, the following: adjudicated water rights and decrees and priorities therefor; unadjudicated water rights and appropriations ; rights in water from tributary and nontributary sources , whether surface or underground ; conditional water rights; rights existing under well permits issued by the State Engineer; rights and permits in designated groundwater basins ; rights in nontributary groundwater existing by virtue of land ownership; all rights , shares or allotments of water in ditch companies , conservancy districts , or other water distribution organizations and all shares of stock or other instruments evidencing a right to such water; all aboriginal rights , pueblo rights, reserved rights , and other rights not derived from state law; all rights claimed under contract, exchange, or plans for augmentation; all ditches , canals , reservoirs, pipelines ; tunnels, wells, and other structures for diverting and conveying water, and all rights of way and fir; • easements therefor; it being understood and agreed that this paragraph is to operate independently of and in addition to any description of particular water rights which may or may not be included elsewhere in the Deed of Trust ; d . All leases , permits , allotments , licenses and privileges , whether or not appurtenant to the above-described real estate, from the United States , State of Colorado, applicable county or municipal government or any department or other agency of such governmental agencies for grazing, feeding , pasturing or agricultural purposes on any public lands owned or controlled by said governmental agencies ; e . All buildings, structures and the plumbing, heating, ventilating and lighting systems and equipment therein; all barn equipment and all fences , corrals, pipes , pipelines , wells, tanks , pumps, pumping stations , windmills , motors, switch boxes , transformers , engines , machinery, dams, reservoirs, dikes , embankments and other water developments , storage or conservation facilities and structures and all other improvements of every kind and character, located on the above-described real estate, used in connection with the irrigation or drainage of said real estate, or any part thereof, or for stock watering or domestic purposes thereon and all motors, engines and devices for the operation of said windmills , pumps and other equipment; and f . All hereditaments , tenements , rights , easements , rights- of-way, privileges, appurtenances and insurance and condemnation proceeds and awards thereunto belonging or in any way appertaining to said above-described real estate. EXCEPTING THEREFROM: A tract of land located in the SE 1/4 of Section 21 , Township 7 N, Range 65 W of the 6th P.M. , Weld County, Colorado, being a part of Lot B of Recorded Exemption No. 0709-21-4-RE 625 as recorded August 16 , 1983 , in Book 1004 under Reception No. 1937179 (hereinafter "Lot B" ) , Weld County, Colorado, records; Said tract of land being more particularly described as follows : Commencing at the SE corner of said Section 21 and considering the south line thereof to bear North 89 °46 ' 32" W with all other bearings contained herein being relative thereto; Thence North 89°46 ' 32 " W, 1 , 173 . 69 feet along the South line to the true point of beginning; Thence continuing North 89°46 ' 32" W 1 , 228. 53 feet ; Thence North 00°42 ' 25" E 1 , 825. 20 feet to a point on the North line of said Lot B; Thence S 89°34 ' 43" E , 1 , 102. 29 feet ; Thence S 05°40 ' 00 " E 49 . 22 feet ; Thence S 89 °00 ' 00" E, 282. 75 feet ; Thence S 06 °10 ' 50" E 239. 95 feet ; Thence S 06°37 ' 46" E, 688. 78 feet ; Thence S 85°22 ' 14 " W, 128. 28 feet ; Thence S 10°57 ' 17" W 850. 25 feet to the true point of beginning. RESERVING unto the beneficiary, the Travelers Insurance Company, a Connecticut corporation, its successors and assigns, AND EXCEPTING from the exception above the McClure Well No. 1-13621 R which is located in the NW 1/4 of the SE 1/4 of said Section 21 , Township 7 North , Range 65 West of the 6th P.M. , Weld County, Colorado, at a point 1 , 500 feet North and 1 , 400 feet West of the SE corner of said Section 21 . Said McClure Well No. 1-13621 R is the well as adjudicated in Water Court in and for Water Division No. 1 , State of Colorado, under Case No. W-8301-76 dated October 29 , 1976 , in which the date of appropriation was July 1 , 1949 , the amount of water is 2. 6 cubic feet per second, and the use is as set forth in said decree. - 2 - Q FURTHER RESERVING unto the beneficiary, the Travelers Insurance Company, a Connecticut corporation, its successors and assigns , an exclusive and perpetual easement and right-of-way across a strip of land 50 feet in width and 25 feet on each side of the centerline hereinafter described, said strip located on the above described legal description and hereinafter described for the purposes of access , ingress , egress , and the transportation of water through ditches or along said strip and to and from the tract of land that shall remain encumbered in the Deed of Trust for the benefit of The Travelers Insurance Company, a Connecticut corporation, recorded August 2, 1983 , in Book 1003 at Reception No. 01935549 , Weld County, Colorado, records. The centerline of said strip is described as follows : Beginning at a point that is located North 89°46 ' 32" W 2, 402. 22 feet and North 00°42 ' 25 " E 1 , 800 . 20 feet from the SE corner of Section 21, Township 7 North, Range 65 West; Thence S 89°34 ' 43 " E to a point that is 1 , 400 feet West of the East line of Section 21 ; Thence in a southerly direction to a point that is 1 , 500 feet North and 1 , 400 feet West of the SE corner of said Section 21 . • - 3 - Hello