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HomeMy WebLinkAbout851332.tiff AR1998386 • RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 231 - J. RANDEL AND SANDRA BRIGHT 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 No ov affairs of Weld County, Colorado, and o WHEREAS, the Board of County Commissioners has reviewed the u request of J. Randel and Sandra Bright for an exemption from the Q definitions of "subdivision" and "subdivided land" in Section ow 30-28-101 (10) (d) , CRS , as amended, and Section 2-1 A. (3) of the 0 3 Weld County Subdivision Regulations, and o fk w WHEREAS, this Subdivision Exemption request from J. Randel o and Sandra Bright is to identify a 4 .673 acre lot for financing purposes only, and N (1 WHEREAS, said land is located in the Ek of the NE's, Section 4 , Township 3 North, Range 66 West of the 6th P.M. , Weld County, o w Colorado, being more particularly described as follows: III • V CREATED PARCEL N Z A tract of land lying in the the Northeast N F Quarter of Section 4 , Township 3 North, Range 0 66 West of the 6th Principal Meridian, Weld County, Colorado and being more particularly m w described as follows : Mw co rn z Commencing at the East Quarter Corner of z Section 4 and considering the East line of 0 said Northeast Quarter to bear North 00° 00 ' C.) a 00" East with all other bearings contained a herein being relative thereto; coy, Thence North 00° 00 ' 00" East, 130 .00 feet; tin m Thence North 86° 38 ' 00" West, 450 . 80 feet; 0 o Thence North 51° 13 ' 00" West, 303 . 43 feet to m the true point of beginning; (The previous two courses shall be the centerline of a twenty-five feet (25 ' ) wide access easement) ; Thence South 88° 06 ' 00" West, 389 .24 feet; Thence North 01° 17 ' 00" East, 280 .40 feet; Thence North 27° 17 ' 00" East, 315 . 10 feet; Thence South 84° 59 ' 00" East, 210 . 30 feet; Thence South 11° 36 ' 24" East, 537 .44 feet; Thence South 88° 06 ' 00" West, 79 . 36 feet to the true point of beginning; Said tract of land contains 4 .673 acres, more or less. ,CI . S/71=2,3/ CC. ` J� 851332 No oU o _ No 0 , O ON a o z Page 2 `fr o RE: SE #231 - BRIGHT O 0 U w Na NOW, THEREFORE, BE IT RESOLVED by the Board of County co Commissioners of Weld County, Colorado, that the above described a parcels be, and hereby are, declared to be exempt from the N a definitions of "subdivision" and "subdivided land" as set forth in co Section 30-28-101 (10) , CRS , as amended, and Section 2-1 A. (3) of N Z the Weld County Subdivision Regulations. F The above and foregoing Resolution was, on motion duly made o a and seconded, adopted by the following vote on the 6th day of a February, A.D. , 1985 . co w en G+ BOARD OF COUNTY COMMISSIONERS z ATTEST: IM . WELD COUNTY, COLORADO u z ri Weld,:Co my ILerk and Recorder woo and Clegk to the !Board Ja •ue ' ne Jojson, Chairman cal g I / ,• � taut— „no,m `vQ .. ��'. n� ene R. Brantner, o Deputy County Cle k �L`� ww APPROVED AS TO FORM: C.W. C). L c County Attorney Frank Yamag i TO: Board of County Commissioners Date: February 6, 1985 Subdivision Exemption # 231 Applicant: jk. Randal and Sandra Bright Legal Description of Property: E1/2 of the NE1 of Section 4, T3N, R66W of the 6th P.M. , Weld County, Colorado. Location of Property: One (1) mile south of Gilcrest; south of Weld County Road 38 and west of Weld County Road 31. The owners of the property described above have requested an exemption from the Weld County Subdivision Regulations under Section 9-3A. The Department of Planning Services staff has reviewed this request and recommends that the request be approved for the following reasons: DOES DOES NOT X Fall in flood plain or geologic hazard area X Agree with the Weld County Comprehensive Plan X Create new parcels eligible for building permits X Agree with surrounding land uses COMMENTS:The proposal would identify a 4.673 acre lot for financing purposes only. The Bright's intend to use this technique to finance a new home on their 75 acre parcel. No additional building rights are granted with this Subdivision Exemption. This is considered the principal dwelling for lot B of RE-566. The Department of Planning Services staff recommendation for approval is conditional upon: 1. The applicant removing the mobile home from the subject site upon the issuance of the certificate of occupacy for the proposed new home. J mes R. Mayerl urrent Plannle�r 1O4 PyU J!' z € DEPARTMENT OF PLANNING SERVICES 4:-..t, , b. , PHONE (303)3564000 EXT.404 I J I.:, ‘4,7-t-';S I - 915 10TH STREET 'De GREELEY,COLORADO 80631 Ill COLORADO January 15, 1985 J. Randal & Sandra Bright 17935 Weld County Road 31 Platteville, CO 80501 Re: SE-231 — Request for a Subdivision Exemption on a parcel of land described as Ell NE1 of Section 4, T3N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. & Mrs. Bright: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Board of County Commissioners on February 6, 1985 at 9:00 a.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Board members might have with respect to your application. The Department of Planning Services staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of an applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, _ .-_moo Jame, &s Ine 7 Current Planner JRM:js FLOW SHEET LnSE # s E 231 COUNTY COMMISSIONERS MEETING DATE: E _es APPLICANT: 1 1.4 REQUEST: SJA____.`._ 1'-lam --- LEGAL: E% ^/.4- Z34, 7366 W LOCATION:. /' �� �s� �/ 3 //vie 3/ DATE BY Application Received /- - ES RYK Application Complete /- iS - Sign Given to Applicant Sign To Be Posted By:_ Letter to Applicant Drafted jReferrals Listed Air Photo and Maps Prepared Soils Map Prepared KU\ File Assembled I_ 6. Letter to Applicant Mailed 1 -1515 gs-, Referrals Mailed - V Chaindexed Prop. & Mineral Owners Notified By:__�/A Field Check By DPS Staff .2U _ // • DPS Recommendation Drafted Uhf rn DPS Recommendation Typed U t - 3i Packets Xeroxed •,?✓n CC Action: OVS-.Y - Gi S 4_ 1217, Plat and/or Resolution Recorded History Card Completed o¢(z/n .Resardec err'ht•B, and/or tiled Q-22 -&S • „ 1"--• p1 r FIELD CHECK FILING NUMBER: SE-231 DATE OF INSPECTION: January 30, 1985 NAME: J. Randal & Sandra Bright REQUEST: Subdivision Exemption LEGAL DESCRIPTION: E1/2, NE1 of Section 4, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: One (1) mile south of Gilcrest; south of Weld County Road 38 and west of Weld County Road 31. LAND USE: N Crop production, residence & farm buildings E Crop production, pasture S Pasture W Crop production and pasture ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to the subject site is from Weld County Road 31. There is one mobile home on the subject site. The applicants proposed house would be to the northeast of the mobile home. It is proposed to be located on a sm 11 hill. BY: e.,tfQ/C es R. Mayer rrent Plann .ik n. 11U' >(1'>OU!ryi..gN ,: i• ; zl 0 2. r CS 30 OIIEEILY' •rrvn ✓AG/12 1 I •i • • • n , r. • : G C 1 _ 1 EEL le • e °. • • :1. 0N f _•2•.• lac , ,. 7 �— ciI `� .- •. 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N\N, ^............±:===i # \ _ -. . - r 4,.. _ r` 7 r ,-- iipir 4 V� - . . i •77 .r.,44•x•- ., r. '.�t L'' ' \\:14C1 . i ♦ J11: ` 1..� tom'. 5 1 %n -S March 14, 1984 LETTER OF PLANATION: Oar farm was purchased as a joint venture fay arrange- ment with us and our parents, Jim and Virginia Bright. We plan to construct a new home across the 80 acres in two to three more years, leaving thn small older home tresently on the nroart_v fnr roU pien+s nen. They have just recently retired and we want to have a place available for them to stay in the meantime as the farm is in need of Jim's help to make it all function prop- erly. He helps with the crops, the livestock and the upkeep of the property and buildings . The mobile home is for their nse as a tin racy dwellina as they spend about every third week at the farm in the winter, and every two to three weeks out of each warmer month as they help out around the farm. They have a permanent home in Rye, Colo. RE 'e-f r , "C>R Moe/a" /ion 1E zo Ni'il riT ,4,rgo/e--- _cra.<.G 3 -2/-g v r . i� ^ .' . It __ vat .; -- 1 . . I �� 4 . f l{ 1. n j f_ P 1 , . Xi: \ � dry , -I• ° ' l Via` � . i ; _c t n f^ { t z c ( c t. - 4 • \ . i 1 c :. H ; 1 i • t • ( \ ! i i � • i i — i; ,,,lELD ?MINTY'', E ARTNENT OF PLANNING SERVICES , ZONING PERMIT, 915` 10th Street. : �} MOBILE HOME -' ; . Greeley, : Colorado 80631• . . • • ,Phone••356-4000 Ext. 4400 • ' _ _ tier _ • _ IMPORTANT Complete;,'all• items `on both, sides :. Mark ,boxes' where: applicable: i ' • - , APPLICANT, Vin, -- . ' - '.t - _ .' ,t, 'PHONE'' +. -: , .: Z;-•"•1'. Handid and Sandra J.• Bright.' ,5 :,; ._7374359., :, `:: I: t' ADDRESS 17935:Weld'County Road, 31 Platteville, Colorado 80651 : I:, '' - .J', :i, OWNER PHONE J. Randal anda Sandra J. Bright .• • ' - 737-2359 : - ADDRESS . . 17935 Weld County Road 31 Platteville, , Colorado 80651 _ CITY - STATE - ZIP LOT -. • BLOCK 'SUBDIVISION I _ LEGAL DESCRIPTION (� --Q4 , F,}, Nvi Section 4. _, T - 3 N; R 66 W. Total Acreage ter Or- Application for' zoning permit is made for: _ - - '- ' Staff Approval - - - Board of County Commissioners Approval O Temporary Use During Construction O Use Beyond 18 months During Construction of a residence - of a residence . O _Temporary Storage Extension Beyond 6 months for Temporary Storage n Accessory to Farm ' • O More than one MH as Accessory to Farm ' O Accessory U-se as an Office More than one MI! as Accessory Use as Accessory Use- in C or I Zone District an Office OMore than one MH as Accessory Use in ' ` ,C or I• Zone District I O Temporary Usa.,during Medical Hardship " O Accessory Structure - • rIi • . _ _ • , O Principal Dwelling ' The aboye requires an Application fee of The above requires an Application fee of • C15-.00.4'30.0o $40.00. TYPE OF SEWAGE DISPOSAL TYPE OF WATER SUPPLY O Pubic or private company: O Public or private company: ® Septic Tank - Permit # Ei Individual (well , citern) _ . -. ❑ - - Well Permit # (96972) - Copy Attached: . Yes ❑ No Copy Attached: Yes O No f; , DEPARTMENT OF PLANNING SERVICES USE ONLY ZONING DISTRICT -A , _ ZONING PERM ��ER Al • APPLICATION FEE PAID m o RECEIPT NUMBER DATE 3e, — I-5-534 n-lc. tir\-, \%n , \e1/4%' _. APPROVED BY: - ' - 22 Staff O Board of County mmissioners Hearing Date ISSUED ll DATE (. i tt h • f �v? F x T .r z \; r : _ 3- ti..eil 11[ ! { 1 2F E,f ����t atl. Ets ''F x� t { �� L,Tf•" l J :'f } � 3 t]c l +.1 .C 1 j •z f{�l ✓ ' � Fr v r ..'a , x N lV L 'AS �a� l: , :i s- 1 r'i A 7a A ske chplan isfrequired as part of the application review Please<attach'a sketch `plan k o£ thesite, at`'the, scale on one' tnch 'represents ftfty,'feet or other suitable ,scale to show r the proposed;location`of the mobile hothet including distances from the property lknes and j` other structures on the'proper£y, accessto the mobileom he ind , i ti cang whether th ce e `acss f is existing or proposed; location and measu�ements; of any easements or right,o(-ways, and I any existing struturesn the property x c so L 1 4 1 ? A , tyt �.. S � �. ... � 1 1 :�.' ₹ � •. a ����-art c �C ; t x Sketch Plan attached Yes ® No f r n' t Deed or contract attached Yes El-t-, No ® ;x f( k What housing is available on the property andwhat is its present Use. , •. One wall house Used as our family dwelling until new home is completed.'. How many mobile homes-'are on?.this' property at the present time?. . non® - TEMPORARY USE DURING CONSTRUCTION OF A RESIDENCE" - Building Permit Number • Date Building Permit Issued - - . Zoning,' Permit valid for 6 months from date of issue:, � - - Zoning, Permit;issued:- Valid from RENEWALS :"el-6.:”:f FIRST From `' to Fee: Reviewed S 'Approved • SECOND.7 From `-` to : Fee: - Reviewed b • Approved . . ACCESSORY.• FARM USE ->>; • Type; of farming operation on property: Grow Crop and pasture for Livestock'- - Number`of. Livestock .r 33 Average number per year 93 Acres. Irrigated „ Acres Dryland Acres Pasture 1}p Number.' of employees now employed; 1 Full time Part, time 1, ACCESSORY_USE IN C OR I ZONE DISTRICT Type of commercial or industrial activity on property: Number of employees: - Full timer - Part time:' - Mobile home will be used for: - IGNATURE MfcANT - APPLICATION DATE & - - 3-14-84 BUILDING PERMITS ARE REQUIRED FOR ALL MOBILE HOMES IN ADDITION TO THE ZONING PERMIT FOR MOBILE HOMES. THE BUILDING PERMIT MAY BE OBTAINED FROM THE BUILDING INSPECTION DIVISION, ROOM 342, CENTENNIAL CENTER, 915 10th STREET, GREELEY, COLORADO 80631, PHONE 356-4000x. EXT. 4425, AFTER APPROVAL OF THE ZONING PERMIT. r 4 4 .L- CERTIFICATION OF COMPLIANCE MOBILE HOME AS AN ACCESSORY USE ON A FARM (Section 43.2.3, Weld County Zoning Ordinance) I, the undersigned, understand and agree to the conditions of this Zoning Permit which are as follows: 1. All zoning permits for mobile homes as accessory uses are temporary. Such permits shall automatically expire and the mobile home shall be removed upon the cessation of the use of the mobile home as an accessory use; and 2. A zoning permit for more than one mobile home in the "A" Agricultural Zone District as an accessory use may be issued only upon approval by the Board of County Commissioners. Further, I, the undersigned, meet the following conditions which are required to be eligible for this permit: 1. The mobile home will be occupied by persons customarily employed at or engaged in the operation of the use where the mobile home is located; 2. The mobile home is necessary for the effective and economic operation of the use and/or protection of the agricultural use; Please state the reason(s) which show that the mobile home is necessary for the effective and economic operation of the agricultural use. The farm is a Joint venture-type agreement between us and our parents, Jim end Virginia Bright. They have a permanent home at Bye, Colo., hor.ver they spend every third week inthe winter and 2 - 3 weeks per month in the 3.ster wor�n� with cro s and livestock on our farm. The home is for them. ie mooireghome will note used as an income source by the applicant for rental to persons not principally employed upon the lot; 4. Adequate water and sewage disposal facilities are available to the mobile home; and 5. The mobile home is not the first dwelling unit on the parcel of land. Signature // The signature was acknowledged before me this ku day of (,/\„ A.D., 19S{,4- . � ' My Commission expires: ny Commissicn expr.s Feb.73,19B3 Witness my hand and seal: ,\014 N`.'ltary Public • APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPL. FEE /DD 0e ZONING DISTRICT RECEIPT NO. /V75 DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned hereby request that the following described property be exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 9-3 of the Weld County Subdivision Regulations by the Weld County Board of County Commissioners. General legal description of total involved parcel(s) East z of NE Section 4 T 3 N, R 66 W LOT B OF RECORDED EXEMPTION # 1211-4-1-R E 566 Note : FOR CREATION OF LOT DESCRIPTION FOR PRINCIPAL RESIDENCE ON LOT B Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No (Recorded Exemption # 566) FEE OWNERS OF PROPERTY: Name: J.Randel Bright and Sandra J. Bright Address: 17935 Weld County Road 31-Plattev iRb@ne 737-2359 Name: Address: Phone Name: Address: Phone Total acreage of the total property involved: 71 . 5 acres Existing land use of the total property involved: Agricultural Existing land use of the adjacent properties: North: Agrir„ltnral South: Agrirultural East: Agricultural West: Agricultural I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. STATE OF COLORADO ) COUNTY OF WELD ) .s.� S nature: Own4` o[' Au ized Agent Subscribed and sworn to before me this Is— day of Qo, , 19gs . SEAL. Nary Publicl My Commission expires Feb. 13, 1985 My Commission expires: n J. Randel and Sandra J. Bright 17935 Weld County Road 31 Platteville, Colorado 80651 303-737-2359 January 5, 1985 Weld County Board of Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Dear Board of County Commissioners, We are the owners of approximately 80 acres northeast of the town of Platteville. We have a recorded exemption (#566) dividing the 80 into Lot A of five acres with the existing improvements and Lot B of the remaining 75 acres. The attached diagraghm shows the details of the two lots and the proposed area for the subdivision request. There is a waste hill area on the 75 acres of Lot B of approximately 4.673 acres. Our request is to obtain a subdivision exemption for the 4.673 acres for the purposes of financing construction of our new house which will be located on this hill. The bank which will do the financing requests first position on the area to be constructed on. We are obtaining a release from the persons holding the mortgage on the 75 acres to make that portion of the property free and clear of any liens as our note with them has been paid down appropriately. Thank you for your time and consideration in reviewing our request for a subdivision exemption on the 4.673 acres as described. We will be most happy to answer any questions you may have for clarification. Sincerely, Mr. & Mrs. J. Randel Bright E NE4, tea d,e, raN, g on/ \ .esel.. XE/✓7.47 sx.sY.tiy _� �......., oititt 1 1.41 ! r ms 's' k ( .�4wc yG 3PA J , ® + ' SWTY a,O • N S .o, 7 ( c-7--t E NF%, 5ea eepi, 73N, ,e '4 id F4Yer eras o.ams ,s Mr ----45Gr13 closet, aa6P/vs,n/FxE p0.✓ 3 �rc- %f3' C.L5 fj+ss5 ) • • s-avvr— *orrice( 4Em i) ore 1 _ s66 ® Jr° itfMul 6s-rrsu) "no 'r Eros 4/79 Oar-4,5 cNwrY Saco s3 , h.//error • PLAT OF SURVt Y ALE. con Sec. 4, T.3,v, R.64lft S 's9'00'E 0 2(o,g0' N I," yci N h' • ti i> s /�Sca/e: r ZOO' R O :P,nns found O A 0 'Pins set 4. 673 ,4ctes t" K o w 4 j vv o ti A O s. 88'06'00%t/. 468.60' LU v 4i 389.24' ,\ 9.3G' S True Point .1 8eginn%nq "L�.'NO p �o\ `ia+r�cP o hi `-�� 450_80' _ aq o I R cen/er/.:,e 2s'Qccees ease. A/86°3800"K! Iti 01 i East Quartet corner r See. 4, T. 3N,R.66 w/—Z------L____ LEGAL DESCRIPTION A TRACT OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 4 , TOWNSHIP 3 NORTH , RANGE 66 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY , COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE EAST QUARTER CORNER OF SECTION 4 AND CONSIDERING THE EAST IINE OF SAID NORTHEAST QUARTER TO BEAR NORTH 003 00' 00" LAST WIIN ALL 011N DIPPING!, CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 00° 00' 00" EAST. 130.00 FEET ; THENCE NORTH 86° 38' 00" WEST, 450.80 FEET ; THENCE NORTH 51° 13' 00" WEST, 303.43 FEET TO THE TRUE POINT OF BEGINNING; (THE PREVIOUS TWO COURSES SHALL BE THE CENTERLINE OF A TWENTY- fl 'VL [ ! IT (2'5 ' ) WIDE ACCESS EASEMENT) ; THENCE SOUTH 88° 06' 00" WEST, 389.24 FEET ; THENCE NORTH 01° 17 ' 00" EAST, 280.40 FEET ; THENCE NORTH 27° 17' 00" EAST, 315. 10 FEET ; THENCE SOUTH 84° 59' 00" EAST, 210.30 FEET; THENCE SOUTH 11° 36' 24" EAST, 537 .44 FEET; THENCE SOUTH 88° 06' 00" WEST, 79.36 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 4. 673 ACRES , MORE OR LESS . SURVEYOR'S CERTIFICATE I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS PLAT AND LEGAL DESCRIPTION WERE PREPARED AND THAT THE CORNER MONUMENTS INDICATED HEREON WERE PROPERLY PLACED DURING AN ACTUAL AND ACCURATE SURVEY OF THE LAND COMPLETED 0 CEMBER 14 , 1984 . c2re#44,1 R2,9&° r GERALD B. McRAE , PROFESIONAL ENGINEER AND SURVEYOR, COLORADO REG. NO . 6616 rrr ,, OFn o 'pv Mir' RAE I SHORT, (4/0. /227 8/4 4ve., Cree/=y, co/a. 8003/ pat; 84298 r:' ' C 4- ✓ i 4,r 7. -Aall- .�:) -114 �Jf•FI '0981 REC 01 908764 11/1 2/82 1 4 SO $6.0o 1 /00:'' ill 4 ' - * : . ,fly F 1868 MARY ANN FEUFkSTEIN CLERK & RECORDER WELD CO, CO 3302 sr' !aft RECORDED EXEMPTION NO. I2II-4-I—RE566 • ar • . 4 AR1,9067b4 THE EAST tit OF THE NE I /4 OF SEC. 4 , T SN, N S{ W of tN• s TH RM., WELD COUNTY, COLO. 4 CON. Na CON. N.1/ •.srst'sa•a. •o4.ts' — • N.LINE-NE I/4 •t' E an LOT A-S.0 Ae. N4 N • q•. ens'es•M. ss4.ss' N • • • i ; l 1' a N s • N • o • LOT S - TI.6Ae.t N a • a- SCALE- 1".500' r DATE-OCT I1, 1162 I La•aUo ill 11 O .►IN SET ♦-•IN 1 TOTAL ARIA-Tte$LAC. 1 al/4 CON. CO.NS. Ss I \1 I SITE I. • N _ e,-- a w • e I e 4, a e Y CO.NO. is H 1,,81 REC 01908764 11/12/82 14-:58 46.00 /00?. •� `., -' F 1869 MARY ANN FEUERSTEIN CLERK A. RECORDER WELD CO, CO �'.',PA .; i.;'. RECORDED EXEMPTION NO. 1211-4-I-RE• 566 • +j [ZGAL DLSCRIPTICO S .r?` 9 The Cast Ralf ([}) of the Northeast Bostic*Quarter (i}) of Bostic* C, Township 3 north, Range 66 West of the P.N., Weld County, Colorado. The above described tract contains 76.5 Acres more or less. I Subject to • County right-of-way right-of-w thirty (30) feet of even width along the entire 4* INorth and past side of the above described tract, and subject to any other rights-of-way or other easements as recorded by Instriments of Record or as now existing on said described tract. SUYURTOR'S CI TTFICATp I hereby certify that this plat was prepared under ay supervision and that the same is correct to the best of my knowledge and belief. 1 t+ • At f� L. fill���E'I 1/ lir. , . 1111'.2 1, We, the undersigned, being the sole owners is fee of the above described property, do hereby subdivide the same as shown oa the attached map. The forgoing certification acknowledged before me this M day of A.D., 1982. My commission expires: up.ru may 27, WIS • to . •• notary Public: ' - Witness my hand and seal. 1E�' The secompayleg plat is accepted and approved for filing.eintincilidalli 77b0OIMitallir %IntRIT@I: COUNTY CIS s..,.; DASl:• (• 1,,,*/7 t. 'et nil St 01% e `6 L J . li/ 41 a ... `e,?. WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES • • STATE OF COLORADO) COUNTY OF WELD ) The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that is has made a careful search of its records , and finds the following conveyances affecting the real estate described herein since August 30 , 1972 . LEGAL DESCRIPTION : The E' of the NE4 of Section 4 , Township 3 North, Range 66 west of the 6th P.M. , Weld County, Colorado. " CONVEYANCES ( if none appear , so state ) : Reception No . 1749933 , Book 828 Reception No . 1884475 , Book 962 Reception No . 1889705 , Book 966 Reception No . , Book Reception No . , Book Reception No. , Book Reception No . , Book Reception No . , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado . This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a agguarantee Title , and the liability of • TRANSAMERICA RAN pI fo r this i2ifCi'cate .SUR7� COMPANY is hereby limited to the S In Witness Whereof, TRANSAMERICA TITLE IN§UR11jQCE COMPANY has caused this certificate to be signed by its proper officer this 2nd day of July , A . D . , 18_82 , at 7 ;45 o ' clock . A.M. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY By / • - (1 RC.(Ct (l ( /LGZ1 AUTHORIZED S GNA RE • � The palsied peril....f I►ie be the C.Ar.d.Real Eat.t.Cemmi.de.(TD 7I.2.sl) IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION,CONSULT LEGAL COUNSEL EMS S A Lent INSTRUMENT.F NOT UNDERSTOOD,LEGAL TM OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. DEED OF TRUST THIS DEED OF TRUST is made this 23rd day of April ,19 ,between Sandra J. Bright and J. Handel Bright (Borrower), whose address is 17935 Weld County Road #31, Platteville, Colorado 80651 and the Public Trustee of the County in which the Property(see paragraph 1)is situated (Trustee);for the benefit of Ardele E. Sutherland (Lender),whose address is 3100-22nd Street, Boulder, Colorado 80302 Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein crested,hereby grants and conveys to Trustee in trust,with power of sale,the following described property located in the County of Weld ,State of Colorado: The East 1/2 of the NE 1/4 of Section 4, 'township 3 North, Range 66 West of the 6th P.M. which has the address of 17935 Weld County Road #31, Platteville, Colorado 80651 (Street) PIattomrille , Colorado 80651 (City) (Zip Code) (Property Address),together with all its appurtenances(Property). 2. Note;Other Obligations Secured. This Deed of Trust is given to secure to Lender: A.the repayment of the indebtedness evidenced by Borrower's note(Note)dated April 23 ,19 principal sum of SiNty—five thousand and 00/100-------------- 19 B2._,in the U.S. Dollars,with interest on the unpaid principal balance from April 23 , 19$2_, until paid, at the rate of tort (10) percent per annum,with prittcipatattd interest payable at 3100-22nd Street, Boulder, Colorado 80302 or such other place as the Lender may designate,in ItDtlthly payments of 'three hundred seventy-five and 00/100— Dollars(U.S.$ 175 00 )due on the 23rd day of each month, based on $45.000 princip; beginning May 23 , 1912_; such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon,shall be due and payable on April 23 19 87; A principal reduction of $20,000.00 shall be due and payable on or before May 23, 1982, in afidition to the accrued interest thereon, and Borrower is to pay to Lender a late charge of -12- % of any payment not received by the Lender within ten days after payment is due;and Borrower has the right to prepay the principal amount outstanding under said Note,in whole or in part,at any time without penalty except n/a B.the payment of all other sums,with interest thereon at fifteen (15) '7 per annum,disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust;and C.the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the current year, easements of record or in existence.and recorded declarations,restrictions,reservations and covenants.if any,as of this date and except all oil, gas and other mineral rights leases of record, except for the easements, rights of way, terms, and agreements of record, and except for the Deed of Trust in favor of R.F. Witherspoon and Lois H. Witherspoon as recorded in Book 826 as Rec. No. 1749934 and e tams 1982 tas and subsequent years. n 1. Payment of l nclpal and Interest. Borrower shall-promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note. S. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender first in payment of amounts due pursuant to paragraph 24(Escrow Funds for Taxes and Insurance),then to amounts disbursed by Lender pursuant to paragraph 9(Protection of Lender's Security I. and the balance in accordance with the ter tali and conditions of the Note. No.TI)71.2-N I.nI:r.tu)TRt sr.. ltru.lfi.r.Il'vt.l,.nmet'�.:._a N.6th M,.,l.aA..''''I f�de�ml.��u21 t em:u a;You_ 1:.x1 // 1/..<7"/ • • 6. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any prior deed of trust and any other prior liens.Borrower shall pay all taxes,assessments and other charges, • fines and impositions attributable to the Property which may have or attain a priority over this Deed of Trust, and ' leasehold payments or ground rents if any, in the manner set out in paragraph 24 (Escrow Funds for Taxes and Insurance)or,if not required to be paid in such manner,by Borrower making payment when due,directly to the payee thereof. Despite the foregoing, Borrower shall not be required to make payments otherwise required by this para. I ' graph if Borrower,after notice to Lender,shall in good faith contest such obligation by,or defend enforcement of such • obligation in, legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof. ! •I 7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the I'. Property insured against loss by fire or hazards included within the term"extended coverage"in an amount at least , equal to the I of(1)the insurable value of the Property or(2)an amount sufficient to pay the sums secured by this • Deed of Trust as well as any prior encumbrances on the Property.All of the foregoing shall be known as"Property Insurance". II The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause.All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Lender,and shall provide that the ! insurance carrier shall notify Lender at least ten(10)days before cancellation,termination or any material change of II coverage. Insurance policies shall be furnished to Lender at or before closing. Lender shall have the right to hold the • policies and renewals thereof. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make ;!' u proof of loss if not made promptly by Borrower. Insurance proceeds shall be applied to restoration or repair of the Property damaged,provided such restoration i or repair is economically feasible and the security of this Deed of Trust is not thereby impaired.If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired,the insurance proceeds ' I shall be applied to the sums secured by this Deed of Trust,with the excess,if any,paid to Borrower.If the Property is ;% I r abandoned by Borrower,or if Borrower fails to respond to Lender within 30 days from the date notice is given in �!! accordance with paragraph 16(Notice)by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds, at Lender's option, either to III restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) and 24 (Escrow Funds for Taxes and Insurance)or change the amount of such installments. Notwithstanding anything herein to the contrary, if under paragraph 19 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust �,�Immediately prior to such sale or acquisition. All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and • insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance I' carriers,policies and proceeds. 8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants,by-laws,rules,or other documents governing the use,ownership or occupancy of the Property. 9. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lien, or if any action or proceeding is commenced which materially • affects Lender's interest in the Property,then Lender,at Lender's option,with notice to Borrower if required by law, . may make such appearances,disburse such sums and take such action as is necessary to protect Lender's interest, including,but not limited to,disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 9,with interest thereon,shall become additional indebtedness of Borrower secured by this Deed of Trust.Such amounts shall be payable upon notice from Lender to ! Borrower requesting payment thereof,and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B (Note; Other Obligations Secured). Nothing contained in this paragraph 9 shall require • Lender to incur any expense or take any action hereunder. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor j related to Lender's interest in the Property. 11. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with I' • any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are I hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender I hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed of trust. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Deed of Trust,with the excess,if any,paid to Borrower.In the event of a partial taking of the Property,the proceeds shall be I divided between payment upon the sums secured by this Deed of Trust and payment to the Borrower,in the same ! ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the Property immediately prior to the date of taking.Borrower's equity means the fair market value less the amount of sums secured by both this Deed of Trust and all prior liens(except taxes). If the Property is abandoned by Borrower or if.after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date such notice is given, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair,of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4(Payment of Principal and Interest)and 24 (Escrow Funds for Taxes and Insurance)nor change the amount of such installments. 12. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner,the liability of the original Borrower,nor Borrower's successors in interest,from the original terms of • this Deed of Trust.Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's successors in interest. 19. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereun- der,or otherwise afforded by law,shall not be a waiver or preclude the exercise of any such right or remedy. 14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative W all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity,and may be exercised concurrently,independently or successively. 15. Successors and Assigns Bound;Joint and Several Liability;Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 25 (Transfer of the Property; Assumption). All covenants and agreements of Borrower shall be joint and several.The captions and headings of the paragraphs in this Deed of Trust are for convenience onlyand are not to be used to interpret or define the provisions hereof. 16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be in writing and shall be given and be effective upon(1)delivery to Borrower or(2) mailing such notice by certified mail, return receipt requested,addressed to Borrower at Borrower's address stated herein or at such other address as Borrower may designate by notice to Lender as provided herein,and(b)any notice to Lender shall be in writing and shall be given and be effective upon(I)delivery to Lender or(2)mailing such • notice by certified mail, return receipt requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein.Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein. 17. Governing Law;Severability. The Note and this Deed of'gust shall be governed by the law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts with the law,such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable. 18. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and of this Deed of Trust. -1 19. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 25(Transfer of the Property; Assumption),upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust,or upon any default in a prior lien upon the Property, at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this option, Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust,including,but not limited to,reasonable attorney's fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election.Trustee shall give such notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law.Trustee shall advertise the time and place of the sale of the Property,for not less than four weeks in a newspaper of general circulation in each county in which the Property is situated,and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower,shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order_(a)to all reasonable costs and expenses of the sale,including,but not limited to,reasonable Trustee's and attorney's fees and costs of title evidence;(b) to all sums secured by this Deed of Trust;and(c)the excess,if any,to the person or persons legally entitled thereto. 20. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder,the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure,costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment,this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred,and the foreclosure proceedings shall be discontinued. 21. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall,prior to Acceleration under paragraph 19(Acceleration; Foreclosure;Other Remedies)or abandonment of the Property,have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 19(Acceleration;Foreclosure;Other Remedies),and shall also be so entitled during the time covered by foreclosure proceedings and the period of redemption,if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property,and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice—notice being hereby expressly waived. Upon Accleration under paragraph 19 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender, in person, by agent or by judicially-appointed receiver, shall be entitled to enter upon, take Po ion of and manage the Property and to collect the rents of the Property including those past due.All rents collected by Lender or the receiver shall be applied,first,to payment of the costs of preservation and management of the Property,second,to payments due upon prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 22. Release, Upon payment of all sums secured by this Deed of Trust,Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees. If Lander shall not produce the Note as aforesaid,then Lender,upon notice,in accordance with paragraph 16(Notice)from Borrower to Lender,shall obtain at Lender's expense,and file,any lost instrument bond required by Trustee or pay the coat thereof to effect the release of this Deed of Trust. 23. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. 24. Escrow Funds for Taxes and Insurance. This paragraph 24 is not applicable if Funds as defined below are being paid pursuant to a prior encumbrance. Subject to applicable law, Borrower shall pay to Lender on each day installments of principal and interest are payable under the Note,until the Note is paid in full,a sum(herein referred to as"Funds")equal to n-a of the yearly taxes and assessments which may attain priority over this Deed of Trust, plus n/a of yearly premium installments for Property Insurance, all as rea- sonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof,taking into account any excess Funds not used or shortages. The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the Borrower and deposited in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency.Lender shall apply the Funds to pay said taxes,assessments and insurance premiums. Lender may not charge for so holding and applying the Funds,analyzing said account or verifying and compiling said assessments and bills. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums as they fall due,Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Deed of Trust,Lender shall simultaneously refund to Borrower any Funds held by Lender.If under paragraph 19(Acceleration;Foreclosure;Other Remedies)the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply,no later than immediately prior to the sale of the Property or its acquisition by Lender,whichever occurs first,any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 25. Transfer of the Property; Assumption. The following events shall be referred to herein as a"Transfer": A transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable)in the Property(or any part thereof or interest therein),or an agreement granting a possessory right in the Property(or any portion thereof),in excess of three(3)years.Not to be included as a Transfer are(i)the creation of a lien or encumbrance subordinate to this Deed of Trust,(ii)the creation of a purchase money security interest for household appliances,or(iii)a transfer by devise,descent or by operation of the law upon the death of a joint tenant. At the election of Lender in the event of each and every Transfer: (a) Borrower shall, upon Lender's request, submit information required to enable Lender to evaluate the creditworthiness of the person("Transferee')who is,or is to be,the recipient of a Transfer,as if a new loan were being made to Transferee. If Transferee is reasonably determined by the Lender to be financially incapable of retiring the indebtedness according to its terms,based upon standards normally used by persons in the business of making loans on real estate in the same or similar circumstances,then all sums secured by this Deed of Trust, at Lender's option, may become immediately due and payable("Acceleration"). (b) If Lender exercises such option to Accelerate,Lender shall give Borrower notice of Acceleration in accordance with paragraph 16(Notice).The notice shall inform Borrower of the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to Acceleration and sale. Such notice shall also provide a period of not less than 10 days from the date the notice is given within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may,without further notice or demand on Borrower,invoke any remedies permitted by paragraph 19(Acceleration; Foreclosure; Other Remedies). Lender shall give notice of such Acceleration,within thirty(30)days after notice of any Transfer is given to Lender by Borrower or Transferee in accordance with paragraph 16(Notice).If Lender shall not give notice of such Acceleration within such thirty(30)days,then Lender will have no further right to such Acceleration. (c) If a Transfer occurs and should Lender not exercise Lender's option pursuant to this paragraph 25 to Accelerate,Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides.This covenant shall run with the Property and remain in full force and effect until said sums are paid in full.The Lender may without notice to the Borrower deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the Borrower's liability hereunder for the obligations hereby secured. (d)Should Lender not elect to Accelerate upon the occurrence of such Transfer then,subject to(b)above,the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive notice of such Transfer,shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof.The issuance on behalf of the Lender of a routine statement showing the status of the loan,whether or not Lender had actual or constructive notice of such Transfer,shall not be a waiver or estoppel of Lender's said rights. As_p>ovided in note of even-date, James H. Bright & Virginia L. Bright are ex=j Olllded from aCCele] dtiOfl CTaHSe Continued on reverse side. • '1 • 26. DELETIONS. THE PARAGRAPHS DESIGNATED BELOW, WHEN INITIALED BY LENDER AND THE UNDERSIGNED BORROWER(S),SHALL NOT BE A PART OF THIS DEED OF TRUST. • Initials Paragraph Lender Borrower 4- J. 24. Escrow Funds for Taxes and ' Insurance 25. Transfer of the Property;Assumption , EXECUTED BY BORROWER. IF BORROWER IS NATURAL PERSON(s): doing business as IF BORROWER IS CORPORATION: ATTEST: Sameofcorporation by • Secretary President (SEAL) IF BORROWER IS PARTNERSHIP: Name of Partnership by •eeoere!partner STAIR OF COLORADO I.sa. COUNTY OF Weld • The foregoing instrument was acknowledged before me this 23rd day of April H 82 by Sandra J. Bright and J. Randel Bright Witness my hand and official seal. My commission expires: Address: Notary Public •If a natural person or persons,insert the name of such persons. If a corporation,insert,for example,"John Doe as President and Jane Doe as Secretary of Doe & Co., a Colorado corporation." If a partnership, insert, for example, "Sam Smith as general partner in and for Smith&Smith,a general partnership." • e' r. C—' E ' w w lie i ^i I0 d; A 0:1 al O Fe h• limi 43 ii o o e. Y j ili '�. \ .� g c Emil 'C E I • i CNt • C' .. • {3.00 1/OM 1RHST30S a 0966 REC 0/089701 0{/37/04 13:S1 If 1039 NARY ANN FEUERSTEI• CLERK 1 RECORDER WELD CO. COO .• - _ •.__ .M 4.3 ►IUVG STAMP II Tits Otto.radar 33rd wr kr11 rtw o. ' . MEW t. StMCERCH43 .i .rid Weld . Wawa r\r I Slow DoaA.rrrrr Ili .. CiJ.J\b Nn w\.r SANDRA J. Waft rd J. Pl .ECM OM. II •el.wJ.+an.+ 17935 Weld Canty Rod Ill, --. , Platteville. fbtorrb 4.0651 ...Wag l ,l •••••• CamayWeld Canada,tonal W4 .ITanYaTII.rr.r r rat,of Om On\I.rr.M.aa.11.n.a_4•••'a•a ti`"we . rd mA aa.o :I Oleaend ditaRYtlWrd pall r On Oar wt....h W w dried W\in J\Y .1 l.rYr/W•n• vnamable awaerlr.\r•.r..0adaliwwMrJ•N.(Mad.WrvW...Y W.....1.4W taOwnn l..... n era tt.nal. Jan x\.lin SSA won 4 w...ran.\M.Ian r I. • {r\Iwrn.it 6r..nrl.Wnu.at nowt lieharn ti assay.aN Ow _ •r . B .rr..M.rtaea.war w..ww+W\wh C.a.!J Weld Mr`rn`llrau A.n a cwlJ..n.w '. Ir.AM.✓•.I1W W M.Yn or :e The tot 1/1 alt tan WE 1/4 of SettSa. 4. Tbnth1P 3 earth. i Wen a West of the 4th P.N.Ty Tomther tlrram yy}arly with all water. lateral ad ditch rights aPP alt 1.1/2 shame of the capitol stack of the Platte Valley Irrlpt an Ccepeny. [0151 (fir ma....................o.*maw U1 3S Wald aunt tad 131. Plattewtlla. Colorado . ~ Yaws 0.4 t=.nom W manna. trainman «w1.r W amass..ram -a.M am..Mart r at u. .. Ww W\ .r ant g4 w..Ja.r./r.\.Mr pat..w b.lelw r..ate.aim agar.nrr.\x1..wuna.W�W��MJn.w.rn.N.N.� ww.. ' W YU M almaTZA D TO VOW lbe ..w W.N rrn..l ad,Oa.rr.r\r..r......On nth .1 ' TI raiC Y.a. .ial.NWM. aan...tna Man..ai aa Ana rata.la II.W Mir! i' .II ~ma.WWI,a ...rammab'Y�n.r.w..l ma maae..d Oa J sad a she Yr rant••Jt r.at r.ra. ~ma.4.4.-r.n\M M.......I.era mamma Y.... gni -I '.I armm• �ay.act waa.bn..W\Yen..Asa Manson.a Ws.a tee rn.rra ha :I .Ma..toll laaewe..r..I.aM..V.M..Ju✓4.a sod• navyfl.ras. wla+.n fn leaf W 1 gal oak..(Ira .••• Yawl.no Ina to aa.. Mrer.l al anal fleas.I.mama us.Marry II • 1I r la..(Iran*Yawl Ono Ina a..MaW+th raw.. rope ty tams for 1!9O2 rd Ihe:first ,,,,of treat.awerord In favor Of SW the rsd rd a N. Wlthrtrpo:rl as temtdd bead of treat of would In 9134.of S.F.f. rltlrrthoa part la agree t 4.L . rd No. 1719916. Oottl rider 1ia.. restthe [lets. andparties d�41 of reoard, ar.f.ear sure ard 69tes m the Ll f ept aor iidd derrda leases of record. 1a71A1t1 RESERVES .ram baraflt a,.- for U. 1 o end gas pacral rights We tend W haft ad the right of i gepas ar-Ie egrets to tee w.for ag for rd ads w eases. fr,d a.0)ect m eserls.0 tee atmod. flgra aN 'ra i prat a.4.. N..w..n4 na..a1J r....r.J.a..lr Ynv.J.M rani wt..b , W\a..a 1 Maras rnrr.xi a .w........rah taob .MmIron n0.••••t..Jn.pony.'to Ya...J.al ear!wal aa.T AND l' matte!.,otvt%D r. .l ....Mr.a..N..MWr.la O om a.Mx...raw •4 Oa •: NtCttA aCYC]a Tti.•^Fl.a n"n1.a'WI'.{IaY 0......M rW.J.a..•Nella a.l.N+r an'Caen 1 1i, shad Y ambrosia la at taaa., n r.a.Iva Mr. lwM.a r raW�l rJ.Y 41 ad year Ana 11 IS TWIN MO SNCSCaY 4r awl sat, li aloe WY. taws red e9teslWt1 of toad. tJ/JTA4�. e.O�FW W llmbmAt.a..M1..r.J 11 Aedale 931t1YrlAd InALI ;i :I III Geld,iI {fait Of COLOSIMO I. d J it II as 33d Orr 'T"r r .I T.harry ernes.*or alionl+wa ban,..tab 0; ill '1 a Atdala Z. Sutherland ' ...yore,MS r.Mnawl.rt r...r73 • ....A October 2 Neifa �' II I o f 1.7y' _ a417,r 914.-1.A Strept G.e...lp`l7-ctrz. , vi Ba11t5 :'a re................w..........-....a �-w 9 t`p.41u a a.ry ri yes..r a..... ................... .r3'ar... - i • I 1 0 . • ._ `,o" t..,,6_ ,_ APR 10 19]8 es Cell„,--2K A ' 828 Ronda Ma 174 33._?Agin Men dosesraw tread.. Ca Zilis putt, ram Wk " Ttb Ma April k do da eV weer. Lord on gown tee heHN W, seventy-elghtt beer RAYMONDROTO 1 N rUERSPOON and 1013 N. eXTNCRSPOOM - • r W TWO of /Plattwll3C� ..44 Veld see 4 ..f Cando el the I r ♦ its in.J JAMS a. svntWwWO and APDCZ C. 3Onlnaaio • 17935 weld County Road 131 i r r. Platteville e. Weld ad Sens et Cana r W 4. a)seemed p • eRtestrui Tel the mid in el ifs,doe pert kw sod k en..Yn S.el De em el ' Valuable Canalderatiaa and Ten and n a^e o/100 Nfe . - e • to W.id parties as.fn psi 4 heed pad W W ,a4 pool.. r the .ol pan W et.4t tying r N • &NW monad W MNa.kdpe&hew inew4 honed en W elewe 4.ed Pr limbs Want M •e • snot teen ea won ma warn w W .4 Iry el de wood port to N....I I.swats le err +. M le keel Nse.er.We tonne el Weal der nett eel De beln W Nagai el on ear ne kern.J W lel• G ♦ lane Waled M need r bat ens Wag W Ind la Sn e • Gans r Weld W fan d eolrNa seek) a 41 • 2 C mas.r Isola Dary he ran ` Sj'. Settles 4, ToerMp 3 North, Doe APR 10 1918 Range 66 West of Use 6th P.N. • . a /NM Togothhr with 14 shares of tha . Platte Valley Irrigation Co. Also Kneen As 17935 Weld Canty.Rood 31, Plattaailla, eoleneb - TOOtTMiR Nth al sod deers IS. be.O•rr sal one we eeN amen hr.ytea w h ar We .n..,.l.W. sad Sr mown. W nei . w delta sad traiaden. mot. Its W pert. Wench W ad the tone.Hint Wk.Now;ekhe sad named nano el De N4 pat)lag et the lea pest one la r. .nits. .l le Wed be the.h.es larsdeed 'tenet the hnNWrak sad eenwrs TO PLOD AND TO MOLD W tin pews.., any herpoMed ant dnoay NW .N.r..e rte W old pent el W.on on W earWer r then. the •aria eAlhe hi,ed amine r pod berthed He- wn. AN W N4 perdu et W AD pest Is.thaselvsg,/ IMAM eaaoaa bed eo.Sntuwa do aa..ec wont Mega w one N had .ale We add ponies et the reed pot the mats ed W.. der 'scow sad the wen•W War r seek to .Wt N W*0.r W weult.g art delaahe el dew praat% tlry are Wei salmi r W Deakn t5.w saver.&ea.f mood. in Peden.Wm ad"-'e e tea. r Aherne..k km,Is k,isle.bed hew nee nµe.hR one tad INN e.thenay at great Nola. sea ad many.De ore le attan sad in mend.oN wad W or we tree W clear Nes WI Drag W -- net Mogan bait.. IAN tan snewaan tad IaerMas,e el skewer Mod er aors tens: a . except easements, restrictions, reservations, rights-of-way and onenante of record and eaeenMta e. established by use; and 1979 reel property teas Si. and payable in 1979 • W W de.n Iwpie.l non to De Inn W pnerlle peewwke el the r4 woes r the woad Met.We onset el the. WY wine W the MN W sips a each amine.Sleet er sad an ens n Dana lt./dry elua{ab es r dela the .hole or ear pan Wee{the v4 peniad r W Una pore Mao W.ty . WARRANT AND FORUM DERMA ..._. as 'VITNLSS WNCRtOP.W win peddled W goat part hew floe a their had a end: ea a the W W paw goo Ken.tine. ,. - LINA Lord wDavinD i.e. Teen el ( N . ICS if. WITH RSPOON f (SEAL) OW) RAT;OF COLORADO.. lle Dr!w last at, deg el Cap el Wad hie r tad 9th Leda Vliherryoaa Arall 7f'f! h►RayNar Plow Witherspoon and +:(7-.`• ales a wee an el or r '--"- - NY:, +p`` NW Caa tenor 01.5 i G r. I" a *1 Y Near NSW wakes ,p;rb_.T. Ic- :'-.•,•: .:-...... 1 • • • - n r ;4,4•77:,....1.::: -- , %% -- - , --• • aRtadfl l - 4a S N a a7 NEC.1884475 03/02/85 I? J7 •1.e• I/••M • NARY ARM FEUER:TEIM. CLERK L RECORDER. WELD COUNTY. CO tar • Tao Dts..tyM.aa ftr•t sqd Maros .jSi. .. JAMES R. SUrNtR MUM laws — dae ed. -IMO :•d m d• d.d lVwaadseaar.l.l• RRDtUU S. SOnME*1J1ND _1•` • el e• Gasp d had dear al pee d Cana d awe ram j 1Irsuattio tise gamy dab s%Me W•reYwaa d S.a et �I --tureuant to Dissolution of Marriage -DM's b,} is W a'1 gamy d W ha rneledW le la a*any Wes sum*sal as sera wheat \ • ►haw.Wad al r\arred.Is a .mod same" .da said W•UR CLAM°. N M ba,.awrMea wmea..eaa abr.a.. RVIT.....aeaa ea nay dWear an. her Wes. amroa.el ray.M as a Me Ora swami era... W Mrd rise am ss ]" ,. May des ma me MS Is r1 M W hares swami W m weal d aW deem bar aid • amylase bard WELD ,d See dC.e.ale a ea TT• East 1/2 or it, dortheaet 1/4, e 'Section 4, Township 1 North. • Range $5 Meet of the 4th P.M. • }1 Together with all weak, lateral and ditch righte appurtenant thereto and particularly ly shares of the capitol stock of Tha Platte Valley Irrigation Company as now represented by Stout Cartlficets No. 044, and together with all ell, gas, and mineral rights. . ,i.P` • I • Cem�nly know* ate 17535 Meld County Road 31. Plattewill., Colorado • is Yf ago to tote..r.anew..saalad area r sameness.*r,seas ae.ar Suashe are—area,e wr,.l...a aJ des a**has a err W skim sambas,des t a.el NOS d fie fine,.a war•be m sear.a the Sae ram tea laCl,d lama d Os W a� Ion y d em..r reel her era W.air.mammy jllO DI warm vsnsor.Th.W rn Y Sao IM.m.en ass Masai eta srs seed seem Wpbs_alwaam. 1.12.4/ ./^y � e1. IerrSeed rDd s r a .e.m h i Pa 4 /f e�erd� milA�A v .ta-e• R. Sut erland, ty Ardele S. (ru Sutherland. Pursuant L•Ll•eewaicn �q1 oTmarriage. N ISSaLI d.taaYS11 •.ri d.OULDCR a i}}y"M'�' y ,e/ra�a....ala.aaaaa r p Knob first d rob �'t3'�`,f7trdnle E. Sutherlandfar Jars R. Sutherland. Pursuant to O1eK.:.vy rC_ga. �'�.Jile.yl iiyLV(Juaria,�y8.1•1r et a../a/d6Y1 sea ADC /3Z;VA2A-21#,...fr aims PJm 1,7 tL.e.t, a. ",-.2._• ffl-x —- .t...,_.a•,..y sirs_ ....„,..,...=.1......=_,.................,.._..........MM._.e.....J:..,r—rr..a ea raur{sine a ...Ow. M.in eta met an_r......area►.raw Fmk a..r r.ate.Y..e-sew • .. { • rZ r , • • • • ...... ., add` s.n.a.r.t ►tr._J1P� LQ.1978 . 8 8 '.apse N..—4. ' e�i WRY ANS/YeaRWI � I '*l . •r a • Y .. TMu Duo arrant Mw tbs 7th - ay el• Apti1• .3 . . Li 79 .bet.... OAWES r. SUTHERLAND and ARM= S. SUTHERLAND .• tl.r,.ewb.nr.r..wn..S 1793$ Weld Road, 931, Platteville, Colorado • • C.•.tr d veld • ..I WS NCeweM. r •• tee lM puma Taunt se lira Case w CW ad Nall a Wash the poverty 4.:InbbI See Is Anted.le the Mew NC.trd. eu.nMs.Tb.Onani mean thole premien steel Seethe en.ate Mn.a he the iN&primer& t r ...w Seventy Pour Thousand Five Hundred Fifty and tno/100------aem. ✓ pnW.t.IMNwd R. P. WITHERSPOON and IRIS H. WITHERSP00N '--- te.b..Nltwyww.rm.a,...r 17167 Weld Road, $31, Platteville, Colorado • ... .r the tee Si nd.ind.• .. .11►totem*tIMS OM UM date WnNN tie rated r$l/r penal w..•..•.prs..pd hod lnsnt rq.bs ,, interest only on January 1, 19791 thereafter in equal monthly 3 installments of $646.99 principal and interest commencing February 1. 1979, and continuing on the 1st day of saoh.and every month'there- after until paid in full. o . 4 Ia.hereby peat • • . • . 4and never sate said Woes Truster the etsrinp MWlbd property.mess the ♦ . e County Weld .mN.Nawdya.t• " _ ke . The East 1 of the Northeast Y. - Section 4, Township 3 North, Range 66 West of the 6th P.M. . • - • d e.Was asSeM sabot 17933 Wald Road, 131, Platteville, Colorayydwwone Wter. MATOO MUDS r tawdry ES al ap ot••••.�y..r.Ina.......Aar Jr rwrr4..\ r..Yrws. S....r ��...r1=Ti.r:Yrs•v".r�rrm. ta:41r...r...rhlthk.l.l.1141 y�nw �.104llr lawn n al N..Jwr..� Y.rrrlw.....MMr.A.t...blW.rn...W...Ir WrrN..l n1 Y...I r...n,t... • I..w"nrY.W.�.P.r.11..rr.•rr..1:= i1T.. .I. rm... 11.41 14s5 ..l.•w.r..nrd rSwel2. b..t.la...Yw.a. . ....r{a.. -a$.A•W..t Y.llm=:••••..V11•••••w� .M. .N••••••• Mn..r• r.ding is la p . t.. 14 ensn— .. an.. r W.r M YY.wr wiles.wawa.M Y mama r ail.•...,V is M V,►W SS••l1.•.loll S t ee rwrre.m.r-•y , . r . r.....Y.a..•,N.Al.rl band`.M-'slab.., lI �..Y.A...war...pwaillW1.1••••••64.•4.�..ee km hall....brass W.Aw Y wa..W.w•wwa L.t�.. ......V1Yrm.Y�.w1.r1,1.1...per•N.....1...•YiW.M�tw..wwwn a+ .1............h•. � a..wrwM.'.M�3.�.W pY slat r ienlig ~r .YY.•ro sweet 14 mob y.... wY4� Y w11 :Far wive& • 1.7=1=.r..I4,rtr..��r.w.l..Wl..my.l wrr.....�....S.wFW wwN • ..wrrgYYw.4147:..Mb.rr..rlNt I 3r`r` M...1.rb�Y.�.w-:a..25.5.Y=r. .. ld M W...way.i tarn..... d••1.1weveve.Y1.1�Yw.....Yry�rn..Wnrr. Y ..•.m .t..Y�IW.1.1 P.riwl.w e.W . '� w...ltrnm•'. rrY..Mr.1.Aaw..Mr1tW/+11Y1.Y1.11.WYe.rNW�.�Y.0.., Yd.rM...r Wma... ••w..Vr�Y.+..rr��WIwo...►.wl...Ma••••.•••ual•a W�1wr.OillaaY P•.r..... .war Shay Gad pat—5s O/,/4 I/ yf.IC/- . . Ardare . SYLASII rain a. SOtbi lelld, - c w.n..aaaua LL -- . ra..rr_Eeelder 1" {t.Swam:r...1.w1...a.YM.tMwe.Y 7th ...r April ••79.'' Jaaes R. Sutherland and Ardsls H. Sutherland �/ W t......._ O a .'.6.. s . r.w....rr...•. .aAAwt n �r,�EM.w�• �0�\ 1 ww.n.W a vs/ ` o� • . . 1p-: - C s Hello