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Home My WebLink About861003.tiff r RESOLUTION RE: APPROVE PARTIAL RELEASE OF DEED OF TRUST AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October 17, 1984 , the Board approved a Deed of Trust for Parkland Estates, said document being recorded in Book 1049 , Reception No. 1988865 of the records of the Weld County Clerk and Recorder, and WHEREAS, the Board has been presented with a request for a Partial Release of Deed of Trust for Lot 3 , Block 4 , Parkland Estates, and WHEREAS, after review, the Board deems it advisable to approve said Partial Release, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Partial Release of Deed of Trust concerning Lot 3 , Block 4 , Parkland Estates , be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Partial Release. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 15th day of October, A.D. , 1986. .•, i� BOARD OF COUNTY COMMISSIONERS ATTEST: ' ' A ^�' F � WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacqueli o. .son` airman G. i:o cy' . Tem puty County erk APPRO D AS TO FORM: Gene R. :rantcn�errL- iCfri;La-et/2 �/e/ C.W. KirbA / County Attorney EXCUSED Frank Yamaguchi �,� ! ;<� 861003 AK198886S •- DEE OF TRUST TO PUBLIC TRUSTEE THIS DEED OF TRUST, Made this 17th day of October, 1984 , between PARKLAND HOMEOWNERS ' ASSOCIATION, INC. , the Grantor herein, whose address is 4732 Sylvia Lane, Erie, Colorado 80516 , County of Weld, State of Colorado, and the PUBLIC TRUSTEE of the County in which the property described below is situated, in the State of Colorado, WITNESSETH, The Grantor to secure Grantor ' s performance under that certain Assumption of Subdivision Agreement bearing even date herewith, for the total principal sum of Two Hundred Forty-Two Thousand Five Hundred Fourteen Dollars ($242 , 514 . 00) , NO said performance due to the County of Weld, State of Colorado, O o the beneficiary herein whose address is 915 Tenth Street, 0 o Greeley, Colorado 80632 , does hereby grant and convey unto said u Public Trustee the following described property, situate in the a County of Weld, State of Colorado, to wit: • a o 0 3 Lots 1, 12, 13, 18 , 20 , 21, 22 and 23 , Block 1; o x Lots 2 and 3 , Block 2; ow Lot 6 , Block 3; and ca a Lots 3 , 5 and 7 , Block 4 , O PARKLAND ESTATES , CC a Subdivision of Weld County. M *o w TO HAVE AND TO HOLD the same together with all . + x appurtenances, in trust nevertheless, that in case of default in w the performance of said Assumption of Subdivision Agreement, then � ca� upon the Beneficiary' s compliance with the notice provisions contained in that certain Security and Escrow Agreement between `H H the parties bearing even date herewith and upon the Beneficiary w filing notice of election and demand for sale, said Public H EA H U) Trustee, after advertising notice of said sale weekly, for not w less than four weeks , in some newspaper of general circulation in w said county, shall sell said property in the manner provided by co w law in effect at the time of filing said notice and demand, at co z public auction for cash, at any proper place designated in the °m' z notice of sale. Out of the proceeds of said sale said Trustee o shall retain or pay first all fees , charges and costs and all j a monies advanced for taxes, insurance and assessments, or on any x prior encumbrance, with interest thereon, and pay the amount necessary to complete performance of the Assumption of a ti Subdivision Agreement, rendering the overplus (if any) unto the D CO Grantor; and after the expiration of the time of redemption, said Trustee shall execute and deliver to the purchaser a deed to the 4w,_-! property sold. The Beneficiary may purchase said property or arty ; part thereof at such sale . Should the Beneficiary hereunder be made a party to any action affecting this Deed of Trust or the E o title to said property, the Grantor agrees that all court costs ,a and a reasonable attorney ' s fee paid by the Beneficiary shall b >-: become additional indebtedness due hereunder; and the Grantor b D does hereby release and waive all claims in said property as a 1 �++ homestead exemption or other exemption now or hereafter provided i�e1 by law. Whenever used herein, the singular number shall include the o Q. plural, the plural the singular, and the use of any gender shall m be applicable to all genders. All of the covenants herein shall be binding upon the res ective heirs , ersonal h 0 P PPrepresentatives, successors and assigns of the parties hereto. 1 Should any provision of this Deed of Trust be found to violate the statutes or court decisions of the State of Colorado, or of the United States, such provision shall be deemed to be amended to comply with and conform to such statutes and decisions. Executed the day and year first above written. PARKLAND HOMEOWNERS ' ASSOCIATION, INC. By: 'it < i (.-'., 0 -5C1) —ti President B 1137 REC 02079110 12/03/86 10: 04 $0. 00 1/002 F 0747 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PURPORTED r-nov • • STATE OF COLORADO /n ) COUNTY OFD ) The foregoing instrument was acknowledged before in this . : day of , 1984 , by P ijig�7t.„o£ Parkland Homeowners ' Association, Inc. •y¢r�y tr 4 tl ,a my my hand and offici 1 ise,al. & f. eot:an:Fission expires: c3/a//Y40 _� ,N�0 'Ry O pUQ � L\G � Not y P lic N v. '' v0 . Dw Da n- [7.1 Q 0 U w - w 0 ix a w ✓ a 0 D i H ▪ w i H i !f7 w D 0 w O [x 0 O z flz FC F4 1 l0 r ri OD rl w • -2- AR al?9111 Recorded at .....o'clock M., • Reception No Recorder. KNOW ALL MEN BY THESE PRESENTS, That,Whereas, RECORDER'S STAMP PARKLAND HOMEOWNERS' ASSOCIATION, INC. of by Deed of Trust dated the 17th day of octf4-1cr , 1984 , and duly recorded in the office of the County Clerk and Recorder of the County of Weld , in the I State of Colorado, on the 16th day of Noventer , 19 84 , in Book 1049 age (fikiNgo• reception No. 1988865 )* conveyed to the Public Trustee in said Weld County, certain property in said Deed of Trust described in trust to secure to the order of County of Weld, State of Colorado the payment of the indebtedness mentioned therein. AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have r been partially satisfied NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said eed of Trust, and in consideration of the premises, and in further consideration of the sum of ive Dollars to me in hand paid, the receipt whereof is hereby acknowledged,I,as the Public Trustee in said Weld County, do hereby remise, release and quit-claim unto the present owner or owners of the property hereinafter described and unto the heirs, successors and N assigns of said owner or owners forever, all the right,title and interest which,I,as such F Public Trustee have in and to that part and portion of the property, set forth and described in the aforesaid Deed of Trust, described as follows, to wit: I I i Lot 3, Block 4 Parkland Estates B 1137 REC 02079111 12/03/86 10: 05 $0. 00 1/001 F 0749 MARY ANN FELE RSTEIN CLERK & RECORDER WELD CO, CO situate,lying and being in the County of Weld and State of Colorado. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur- tenances thereto belonging forever. And further, that, as to the above described property, the said Trust Deed is to be considered as fully and absolutely released,cancelled and forever discharged. i !, Witness my hand and seal this 0-2 -Al day of G: ce-........4-0--t ,19e i, (SEAL) As the Public Trustee in said Count of `VELD • STATE OF COLORADO, WELD Iss. County of WELD The foregoing instrument was acknowledged before me this 2 41 day of 192 , by ANNE D. NYE asthe Public Trustee in the said County of WELD ,Colorado. My commission expires Witness my hand and Official seal. ei- - .-... ... . • IUZO 9th Street, Greeley, co 80611 Notary Public. To the Public Trustee in said County of WELD • Please execute this release, the indebtedness secure by the above mentioned Deed of Trust • having been Partially paid and �satisfied. d. C lit eld, ate of Colorado ATTEST: t L A t4 _ .. , - . . . j egal der of the' • redness secured by said Deed of Trust. b' Chairman Pro-Tem • • Board of County Co issioners De uty Count��11e ( Weld County, Colo do '9n cou ies where book and page numbers have been abolished. No.927. PARTIAL RELEASE OF DEED OF TRUST BY THE PUBLIC TRUSTEE. r. Bradford Publishing Co.,15165 West 44th Avenue.Golden,Colorado 80401-1303)278-0644—9.80 - . �---' ASSUMPTION OF SUBDIVISION AGREEMENT THIS ASSUMPTION OF SUBDIVISION AGREEMENT is made and entered into this day of November, 1984, effective the 17th day of October, 1924, by. and . between THE _PARKLAND_ .HOMEOWNERS ASSOCIATION, INC. , a Colorado corporation '(hereinafter called ,, "Parkland") , PARKLAND ESTATES , INC. , a Colorado corporation, PARKLAND ASSOCIATES, INC. , a Colorado corporation, and COUNTY OF a ,(A S' WELD, STATE OF COLORADO, by and through its Commissioners o A (hereinafter called the "County") . O Z o RECITALS m m om a x 1 . On September 19, 1977, the County and Parkland Estates, 0 cog n Inc. , a Colorado corporation, entered into a Subdivision n c g Agreement providing .for, among other things, the .construction of certain paved roads within the Parkland Estates Subdivision, Weld g z&-e lt County, Colorado. 0gb ? tee °"° 2 . Following the execution of the original Subdivision Agreement, Parkland Estates , Inc. , from time to time, has requested, and the County has granted, extensions of time within which to complete the construction of said paved roads . The last of said extensions expired July 1, 1982, and the construction of said roads is not yet complete. 3 . The parties, by execution of this Assumption of Subdivision Agreement, desire to substitute Parkland for Parkland Estates, Inc. and Parkland Associates , Inc. for all purposes in connection with the Subdivision Agreement as amended by that certain Addendum dated October 17, 1984. NOW, THEREFORE, in consideration for the County' s approval of the October 17, 1984 Addendum to the Subdivision Agreement, and Parkland ' s assumption of all obligations under said amended Subdivision Agreement, the parties agree as follows: AGREEMENT 1. Parkland assumes all the duties and obligations , and is hereby vested with all the rights and privileges, of Parkland Estates , Inc. and Parkland Associates ( Inc. in that certain Subdivision Agreement dated September 19, 1977, by and between Parkland Estates, Inc. and Weld County, Colorado, as said agreement is amended by the Addendum dated October 17, 1984 . 2 . The County hereby consents to the assumption of the duties and obligations , the vesting of the rights and privii gas , and substitution for both Parkland Associates, Inc . and Parkland B 1137 REC 02079112 12/03/86 10: 16 $0. 00 1/003 F 0750 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PURPORTED COPY Estates , Inc. by Parkland under the Subdivision Agreement as amended. 3s .Parkland-::£states, -Inc.. .-and. Parkland Associates , Inc. are hereby forever released and discharged from all obligations and duties under the Subdivision Agreement. IN WITNESS WHEREOF , the parties have hereunto set their hands and seals on the date hereinabove first written.,, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /J ATTEST: ° iiitpt : C� 9eaT9 WELD COUNTY CLERK & RECORDER Chairman CLERK TO THE BOAR By: Deputy County 'Ark PARKLAND 7 ESTATE , INC. Y�B '/ rt-r-L-a:47• President' G' PARKLAND ASSOCIATES , INC. 1 President • £' PARKLAND HOMEOWNERS ASSOCIATION, INC. President -2- STATE OF COLORADO ) ss. COUNTY, OF ) The forgoing was subscribed and sworn to before me in the o my of /ti , State /A�f Colorad , this /;,�c, day of / c l< e to , 1984 , by ,V4,4-,r r President of Parkland Estates, Inc. Witness my hand and official seal. My commission expires : 3/27 1$ Not ry P lic STATE OF COLORADO ) ss . COUNTY OF i.lscJ ) The foregoing was subscribed and sworn to before me in. the C u�}ty of CCIt� , State f Colora49, t is 5.at day of ��G.� rcGvir�jc uc� , 1984 , by President of Parkland Associates, Inc . Witness my hand and official seal. My commission expires : 3,3//r‘ Not y P is STATE OF COLORADO ) '��JJ•� ) ss . COUNTY OF �X.�iw't_-/ ) The for going was subscribed and sworn to before me in the o ty of t t.cJ , State of Colorad}, is ,; y da of 1984, by C/ /f President of. Parkland Homeowners Association, Inc. Witness my hand and official seal. My commission expires : c3/.12//�'i a5ANotary blic JTAlla -3- (S • • OFFICE OF COUNTY ATTORNE PHONE(303)3564000 EXT.43 P.O. BOX lc, GREELEY,COLORADO 808 1111D C. COLORADO January 16 , 1987 Michael D. and Kim M. Hughes 1432 MacPool Street Dacono, CO 80514 RE: Original of Partial Release of Deed of Trust for Lot 3, Block 4 , Parkland Estates Subdivision, Weld County, Colorado Dear Mr. and Mrs. Hughes: Enclosed herein please find the original of the Partial Release of Deed of Trust for Lot 3 , Block 4 , Parkland Estates Subdivision, Weld County, Colorado. Also enclosed are purported copies of the Deed of Trust and of the Assumption of Subdivision Agreement. As you can see, the Partial Release was recorded on December 3 , 1986 . A copy of the Resolution authorizing the Chairman' s signature on the Partial Release is also included . I apologize for the delay in sending you the original Partial Release. If you should have any questions or comments concerning any of the documents enclosed herein or concerning this letter, please feel free to call me at 356-4000 , extension 4391 . Very truly yours, Bruce T. Barker Assistant County Attorney BTB: ss Enc. Recorded at • O'clock M., • Reception No _. Recorder. RECORDER'S STAMP KNOW ALL MEN BY THESE PRESENTS, That, Whereas, PARKLAND HOMEOWNERS' ASSCCIATbION, INC. Deed of Trust of dated the 17th day of October , 1984 , and duly recorded in the office of the County Clerk and Recorder of the County of Weld , in the State of Colorado, on the 16th day of Nove_Illber , 19 84 , in Book 1049 101xiiitge (iiimfrim. t reception No. 1988865 )* conveyed to the Public Trustee in said Weld County, certain property in said Deed of Trust described in trust to secure to the order of County of Weld, State of Colorado the payment of the indebtedness mentioned therein. AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust haye been partially satisfied i NOW, THEREFORE,at the request of the legal holder of the indebtedness secured by said eed of Trust, and in consideration of the premises, and in further consideration of the sum of Dollars to me in hand paid, the receipt whereof is hereby acknowledged,I,as the Public Trustee in said Weld County, do hereby remise, release and quit-claim unto the present owner or owners of the property hereinafter described and unto the heirs, successors and assigns of said owner or owners forever, all the right,title and interest which, I,as such Public Trustee have in and to that part and portion of the property, set forth and described in the aforesaid Deed of Trust, described as follows, to wit: Lot 3, Block 4 Parkland Estates B 1137 REC 02079111 12/03/86 10: 05 $0. 00 1/001 F 0749 MARY ANN FEUERSTEIN CLERK & RECORDER VELD CO, CO situate,lying and being in the County of Weld and State of Colorado. I TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur- tenances thereto belonging forever. And further, that, as to the above described property, the said Trust Deed is to be considered as fully and absolutely released,cancelled and forever discharged. I Witness my hand and seal this 0.2A1 day of , 19'G . (SEAL) As the Public Trustee in said County of WELD I i STATE OF COLORADO, I H. County of WELDI The foregoing instrument was acknowledged before me this 02 41 day of &...a.......-64-c_ , 19n , by ANNE D. NYE as the Public Trustee in the said I County of WELD ,Colorado. My commission expires Witness my hand and Official seal. 1 U2U 9th Street, Greeley, CO 8061 Notary Public. To the Public Trustee in said County of WELD �,� Please execute this release, the indebtedness secure by the above mentioned Deed of Trust having been partially n' ll� paid and satisfied. C nt eld, ate of Colorado ATTEST: "" 1 '" ^'r/ gal l der of the' redness secured by said Deed of Trust. .192.--x_.& Chairman Pro-Tam Board of County Co issioners I De uty County Cle Weld County, Colo do •1n cou ies where book and page numbers have been abolished. 'I I No. 927. PARTIAL RELEASE OF DEED OF TRUST BY'HIE PUBLIC TRUSTEE. Bradford Publishing Cu.,ISO West 44th Avenue.Golden.Colorado 10401—(301)27X.11644—440 , '~ql i • 44-11cit MEoMORAI1DU County Commissioners October 14 , 1986 To Date Bruce T. Barker, Assistant County Attorney COLORADO From Partial Release of Deed and Escrow Agreement Subject: for Parkland Estates Homeowners Association The Board of County Commissioners will be asked today to sign a Partial Release of Deed of Trust and Escrow Agreement for the Parkland Estates Homeowners Association. On October 17, 1984, the Board approved a deal whereby certain lots would be placed into a Deed of Trust to secure the paving of certain streets and cul-de-sacs in the Parkland Estates Subdivision . The Deed of Trust was executed on November 15 , 1984. The Deed of Trust was required by a Security and Escrow Agreement. The Agreement states that the "net sale proceeds" from the sale of each lot in the Deed of Trust will be placed into an escrow account. All money placed in the escrow account will be used to pay for the paving of the streets and cul-de-sacs. The Release to be considered today will release Lot 3 , Block 4 , from the Deed of Trust. The purchasers of the Lot will pay $30 ,000 . 00 which will then go into the escrow. The escrow will be established and managed by HTC Escrow Company, according to the Escrow Agreement which also must be signed today. The Escrow Agreement provides that the signature of both the Chairman of the Parkland Estates Homeowners Association and the Chairman of the Board of County Commissioners must be obtained before any amounts are released from the escrow account to pay for the paving. The Parkland Homeowners Association has until November 1, 1986 , to pave Rue-de-Trust Avenue. It is my understanding that Frontier Materials has placed the base course. The paving should follow within the next few weeks. I will update you on the progress of the paving of Rue-de-Trust prior to November 1 . C z cam' ' B"rnce T. Barker Assistant County Attorney BTB: ss - GUARANTY BANK78 951 765199239 91e 88714'1: 20 86 **H.T.C. ESCROW** $ **29,500. 00 PAY TO THE '��'✓ "`•' 0 y ORDER OP GUARANViYC �nfi l d II 'lllll� rr•';.. BANK .�I� but ad , 1111'.IpIRIIMII NOTICE TO CUSTOMER. Purchase oI an Indemnity Bond may be requited before any oft l al check of this Bank will be replaced or rel unded n the event t s lout,n s placed or stolen. DRAWER GUARANTY DANK Michael D. Hughes REMITTER Ton`76 .09 140957 iI. 1AK5 199 239��' P 0 6 296180 990 4 •- _ " <.. K-1 C T:ki+ ,,.cr-.rs^ ,Aroray.""�..`spA+!�trr..v,�..i.:., .+l�'1Zyr.,a� ycli?e><tn&stT1 E .4,«r.IrJwq uah o- AL.T .':.?la 2 nn., lkBM 3 1. 'I... 4."^"..�+'ry „f?nl'.H at ,t'antF'iY.1•HK9IdT`3MTA_4ee ni?*s_ n,^.§" • • `• IaYY>•• a United ie eea e.l5i a.e Dissw.GbWkOlp Uit Bank of Denver ,., ,✓. T.. , ,:h - Certified Coot of Corporate Resolutions Authorizing Signing of Cheeks or Drafts • H. T. C. ESCROW COMPANY - Name of corporation and properly filed assumed business name,if any 1655 Grant Street, Denver, Colorado 80203 • " " ' Address of principal place of business I hereby certify that 1 am the secretary of the above named corporation which is i " organized and externs under the laws of CAloradD ;that the following isa correct copy of certain resolutions adopted at a lawful and valid meeting,or by unani written consent of the board of directors on O CA'. I Of 19%Co.that such i - - _ have not been rescinded,modified or amended,and are now in full fbrce and effect a such resolutions appear in the minute book of the corporation. Signing of Checks or Drafts "Resolved,that United Bank of Denver National Association is hereby designated depository for this corporation's funds,that the corporation accepts the Bank's cond $ a b4 s; negotiable Instruments governing maybe endoounts,rsed for cash nd that eor deposit for the payment of m offs s ff _ yy A_" by ranyti of the officers of _ e$T_, e R �. corporationor is agents.which endorsement can either be in wring or by stamp wit ".-- 4.1.' -;.r i - L $ vv_ 4.. f desgnat on of the person no endorsing �+ Reseed,for the purpose of w thdrawal of the corporation's funds,United Bank 1 E a,,r4ta '415—c-'iv "- Ms I ds Ms o n a C Nat onal Association is author zed and directed to honor all checks and other orders i u_ 7 payment of money drawn in this corporation's name(including those drawn to bearer or to the individual order of any person whose name appears thereon as signer)when i any lone,two,etc.l Ole of the following'. R Please print or type the following gj Name Title • ad '` James T. Ayers, Jr. Assistant Secretary a m" y e c7; Barkley L. Clanahan Secretary 5 q n 0 9 � 2. Ira E. Tanner, Jr. President S g r N 2 e I4 3 a, at 6 CA llf any special come at o of signatures is to be required,other resolutions should �� C y -y1 specifically so proved 1 m CS " —Resolved.that United Bank of Denver National Assoc onion is hereby requested r 0 07 co » and directed to honor all checks,drafts or other orders for the payment of money era a{" C this corporations name on its account or accounts(including those drawn to the indiv IV M: I 3 w . 1 Omer of any persona persons whose names appear thereon as a signer or signers there A S belong P rpo tog to bear the facsimilegoer of any Ong of the a t�z ".e '7' a: 6 e m such c corporate officers.and the Bank shall be entitled to so charge this corporation by soh on i d such checks,drafts or other orders for the payment of money regardless of by whom s e o 9 what means the actual or purported fag '1 signature or signatures resemble the thereon may have \ 3o ry affixed th MIO 1 such facsimile9y an signatures ra5amE!the facsimile SpK me 3 y c re[ time riled with the by an officercorporation a 1 Relvatl that all similar fresolutions p o ly delivered to the Bank shall be dee o e rescinded and cancelled effective pon del to the Bank of tied copy of'tes • f resolutions and upon notation by the Bank of receipt of such copyaupon the Bank's cc j� 4\ o thepreviously delivered resolutions Theauthority granted h r shall continueuntil { \ - m notificationscof termination or solution shall be received by the Bank and noted ue 1 1 Banks rarefied copy of these resolutions." 1 I further certify that each of the persons above named Presently holds the office set Opposite their name d that II signatures appear ng on the reverse side hereof are ge signatures of the respective-indenduals and that all foci mile signatures appearing on reverse side hereof are the facsimile signatures to be rend pied by the corporation 1 1 Witness my hand and the seal of the corporation,th15D=daayyyof /OL4ry Lfs 19 86 --0-70010-000-0,-0-000,000.0,-0• 0mmvw.vA.'uiFraaa')!,- n.J..r /f'v:F.i.W4 u Secretary Approved. G President ., t00-.7, R,'a,c'hi ,c ° .Y 00r-;]v..a`t - =n. .r./4 >? :1v4- , i, zglu CLANAHAN, TANNER, DOWNING ANo KNOWLTON ATTORNEYS AT LAW 1855 GRANT STREET BARKLEY L. CLANAHAN JAMES t AYERS. JR. DENVER, COLORADO 80203 IRA E. TANNER. JR. SHERYL L. HOWE TELEPHONE (303) 830-9111 RICHARD DOWNING. JR. HARRY S. MORROW TELECO PIER (303) 830-0299 DAVID C. KNOWLTON PETER T MOORE THOMAS C. MCKEE DENIS B. CLANAHAN SPECIAL COUNSEL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS October 20, 1986 Michael D. Hughes and Kim M. Hughes 1432 MacPool Street Dacono, Colorado 80514 HAND DELIVERY Re: Escrow Closing on Lot 3 , Block 4, Parkland Estates Dear Mr. & Mrs. Hughes: This letter will acknowledge the receipt of your funds in the amount of $29, 500. 00 by check made payable to HTC Escrow Company in connection with the closing in escrow on the referenced property. HTC Escrow will deposit the check and hold the funds until such time as it has been able to procure and properly record the Warranty Deed attached hereto and procure releases of all outstanding encumbrances on the referenced property. You should expect to receive the original recorded deed and a title policy within the next two weeks. In the meantime, if you have any questions, please don' t hesitate to call. Very truly yours, c----497SCA-ita James T. Ayers, Jr. JTA/mjb Encl. cc: Parkland Homeowners Association, Inc. Recorded at • o'clock M, • Reception No. Recorder. THIS DEED,Made this day of ,19 , FILING STAMP between Parkland Homeowners Association, Inc. a corporation duly organized and existing under and by virtue of the laws of the State of Colorado of the first part,and Michael D. Hughes and Rim M. Hughes whose legal address is 1432 MacPool Street, Dacono, CO 80514 of the County of Weld and State of Colorado,of the second part: WITNESSETH: That the said party of the first part, for and in con- sideration of the sum THIRTY THOUSAND DOLLARS ($30, 000. 00) }IH>ft11;M to it in hand paid by the said parties of the second part,the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell convey and confirm unto the said parties of the second part,not in tenancy in common but in joint tenancy,the survivor of them,their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado, to wit. Lot 3, Block 4 , Parkland Estates also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate,right,title,interest,claim and remand whatsoever of the said party of the first part,either in law or equity of,in and to the above bargain premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said parties of the second part,the survivor of them,their assigns,and the heirs and assigns of such survivor forever.And the said party of the first part,for itself,its successors and assigns,does covenant,grant,bargain and agree to and with the said parties of the second part,the survivor of them,their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents,it is well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever. • and the above premises,in the quiet and peaceable possession of the said parties of the second part,the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,The said party of the first part has caused its corporate name to be hereunto subscribed by its President and its corporate seal to be hereunto affixed,attested by its Secretary,the day and year first above written. Attest: PARKLAND HOMEOWNERS ASSOCIATION, INC. Secretary By STATE OF COLORADO, l Don Biddle President SS. County of The foregoing instrument was acknowledged before me this day of 19 ,by as President and as Secretary of a corporation. My notarial commission expires Witness my hand and official seal. Notary Public . No.929,WARRANTY DEED.—Prom Corporation to Joint Tenants.—Bradford Publishing Co.,1824.46 Stout Street,Denver,Colorado(513-5011).-9-77 • The printed portions of thin form apposed he the Colorado Ned Eat ate Commie+ion is(•27-2-811 THIS IS A LEGAL INSTRUMENT IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. X../ e r C:L 6'a VACANT LAND • CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) • August 12 u) $6 1. The undersigned agent hereby acknowledges having received from y� _Michael_L�flughes • the sum of$._..5V .00___,in the form of a.personal_-. _check_ _.—__— ,tobeheldby- Parkl-andJIaneo' ers Association, Inc Itokm7-irrirm*orIn-rstrmenrtrrstct .,,court, as earnest money and part payment for the following described real estate in the _.- -_. County of_ e1.L) __-..Colorado,to wit: pat 3, Block 4, Parkland Estates • together-with all easements and rights of way appurtenant thereto,and all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition. ordinary - wear and tear excepted, and hereinafter called the Property. 2. The undersigned person(s)___ Michael D. Hughes and Kim M. Hughes (as joint tenants/tenants in common), hereinafter salted Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. • 3. The purchase price shall be U.S.$_ 304000.00 _,payable as follows:$ 5QQ hereby receipted for: and $29,500.00 in cash or certified funds at closing • • • • • • • • • • • • • 4. Price to include: Membership in Parkland Homeowners Association, Inc. • and the following water rights: • • • • • 5. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a) apply for such loan,(h)execute all documents and furnish all information and documents required by the lender,and (c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before_Septanber-._15_ 195 ,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. 6. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption if required and agrees to pay(1)a loan transfer fee not to exceeds _ and(2)an interest rate not to exceed._— 5+;. per annum.If the loan to be assumed has provisions for a shared equity or variable ' interest rates or variable payments, this is ,{ y , contract conditioned upon Purchaser chaser reviewing p e )ewin and consentingto .�g 6 such provisions. If the lender's consent to a loan assumption is required,t his contract is conditioned upon obtaining sori, consent without change in the terns and conditions of such loan except as herein provided. 7.-lit.-,a.eNtiz+..:,e-nxiel-tse,di nl,l.. ke-6-r{iefts-partial-m-i'tf#-mtrmrrttt7fthr-grrrrhas-rrpitr:. thus rollt Fact shall nett be assignable by Purchaser without written consent of Seller. 8. Cost of any appraisal for ban purposes to he obtained after this date shall he paid by - Nn.SC27-2-N1. ('ONTRACI TO MI NO SETT REAL EST:VT:I%semi fend, find!-rd PoSL,hlne.5825\w n:h Arc I.ak;uv W,tL m',4 .Lang 2;1.M1.Na, :.8,5 • • 9. An abstract of title to the Property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price, at Seller's option and expense, shall he furnished to Purchaser on or before September 15 ,19 6 . If Seller elects to furnish said title insurance commitment,Seller will deliver the title insurance policy to Purchaser after closing and pay the premium t hereon. 10. The date of closing shall be the date for delivery of deed as provided in paragraph 11. The hour and place of closing shall he as designated by the Purchaser_ 11. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient warranty deed to Purchaser at closing , 19 ,or,by mutual agreement,at an earlier date,conveying the Property free and clear of all taxes,except the general taxes for the year of closing,and except 710 except inns nns free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not;free and clear of all liens and encumbrances except minerals and other reservations • of record. except the following restrictive covenants which do not contain a right of reverter: • restrictive covenants of record and except the following specific recorded and/or apparent easements: N/A and subject to building and zoning regulations. 12. Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defect(s)prior to date of closing. If Seller is unable to correct said defect(s)on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 13,if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 13. Any encumbrance required to he paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid rents,water rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances.if any,and PHA ASSessfnents he apportioned to date of delivery of deed. 15. Possession of the Property shall be delivered to Purchaser on Septeneber 15, 1986 subject to the following leases or tenancies: None. 16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this contract and the date of delivery of deed,Purchaser may elect to terminate this contract; in which case all payments and things of value received hereunder shall be returned to Purchaser, • 17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided,there shall be the following remedies: (a) IF SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case • all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both. •• (b) IF PURCHASER IS IN DEFAULT,(1)Seller may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper,or(2)Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages,or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. 18. YuwhaF434 44Setler-afireebhetri.a-Lhecve+H ew eeetreversy-re),a,£,.g ti,C-earnest. ncy-heihdtctrvker, nniorQ inutua1-wriitea-iwrict,^.;un ia.4ece.ivrdLy-Lw.ke.•J.r.,tleA.elr»Il-net-beweeruired-talakr»ir-»HtienbnFnmravrait a ny pr.ocaadingror'irh,.ukasla-optiuuataducxetiaarraay-i.••e•.pL•.ad.aw.y.»aotre,Yaer-t iw},��€rw7»riM.aew+rter»d»tey recc arcear-ttwtcarulseaseuablaatter3w laew. • II • - • • 19. Additional provisions: • • • 1. Title to be taken by: Michael D. Hughes and Kim M. Hughes as joint tenants. 2. Union REA electrical rebate for service extension remains payable • to Parkland Homeowners Association, Inc. 3. $500.00 deposit is non-refundable 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before — .__ _—, 19 _, t ; instru ent shall become a contract between Seller and Purchaser and shall iii inure to the benefit of the he rs,s essor nil assigns of such parties,except as stated in paragraph 7. • d( "'IC-- 2S" (oZ-21.6Broker _ None 'a' Michael D. Hu su?«. --- .._... --------- • Purchaser 77�� ___ By: ____ ______ jDate . I Purchaser's Address 1432 MacPool St. .Daconsi (',0 80514 __ jl i! (The following section to be completed by Seller and Listing Agent) iI 21. Seller accepts the above proposal this day of ,19 and agrees i to pay a commission of _%of the purchase price for services in this transaction,and agrees that,in ' the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall I I be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission,and the i balance to Seller. II Parkland Homeowners Association, Inc V1A,(w GZ H Seller By: Mark L. Williams, Secretary/TreSsisrer • y 4732 Sylvia Lane, Erie, CO 80516 Seller's Address • 1. II Listing Broker's Name and Address j I I l • I: • ti, Z V 1 c1 -=a Y Stt [y i=$ 4¢cU tj n`e<m ,iios eifym 090 c €NFF, F N'o-gec'. =cu 9 kk oRgmc n> s$zF :tsBoosue g1, cc; Irt.0` > °vu5=LLsz3 s€3E- _ $ as V-'Ys5t . e% -t80-m- •t80-m=" ,-t �rJak°�� 0 .40�OZn4;$c�` �-f MS .l at ti- G Z5 �LEnmges Ls yU Q LU J Z ci.im5:_01y w $s --22tie .o `lak; 4 n e smE N En ea-zscae -, $y c W% >ze% w 02a“cu, e>,-°Emc5 8 sg 3> OQeme�a - mecirx 'e m=-m`zoey 5 4 VWmmPot;eac1W-C ' �P.§im5141 yt«h-St 16 yFyF++ _ n_' 0 $vevt2433Esus E'llegs 125 -Pi Zni friljAe.3L"m` a`-L5wt4115P"` 3um igice E wo^>-eo . o ) wrcse meg`= :w.-`cii- ! w-•$vv cpet>.wx`—xz=e s<_$y..42e4- c ;tmVa 3tOVOg ' ° sett Yar c3u°8181t enm.'m- r I 0535« u �a5. n•r. • PUBLIC TRUSTEE'S NOTICE OF RIGHTS TO CURE OR REDEEM ,�f OCT 2 $ 1986 —_.._,..✓tea TO WHOM IT MAY CONCERN: This is to advise you that foreclosure proceedings No. /9,2. were commenced in the office yf the Publi Trustee of the County of Weld, State of Colorado, on the ?3� day of m 19A: . The foreclosure concerns the Deed of Trust executed on May 15 , 1984, by Michael S. Pratt and Charlene L.V. Pratt, and securing a Promissory Note dated May 15, 1984, and made by Michael S. Pratt, President of Micha Enterprises, Inc. , and Charlene L.V. Pratt, Secretary of Micha Enterprises, Inc. , and Michael S. Pratt, Individually, and Charlene L.V. Pratt, Individually, in the amount of $85,000.00. 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 May 30, 1984, in Book 1032 as Reception No. 01968670. The real property which is security for the debt will be sold at Public Trustee's foreclosure. Said property is situated in the County of Weld, State of Colorado, and described as follows: Lot 28, Block 2, PARK LAND ESTATES, A Subdivision of Weld County, State of Colorado. YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES AS A RESULT OF SAID FORECLO- SURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE ANY DEFAULT UNDER THE INSTRUMENT BEING FORECLOSED. A COPY OF THE STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO AS EXHIBIT B. YOUR RIGHTS MAY DIFFER SLIGHTLY FROM THE RIGHTS SET FORTH IN THE STATUTES. YOU MAY WISH TO SEEK THE ADVICE OF YOUR OWN PRIVATE ATTORNEY CONCERNING YOUR RIGHTS IN RELATION TO THIS FORE- CLOSURE PROCEEDING. DDATT�ED at moo , Colorado, this _234 day of LZ C%�RG/ 19 . AN P 61 c NE,pustee in and for the County of Weld, Colorado By /48-1-0' i7 deputy Public Trustee Ms. Anne D. Nye Public Trustee, Weld County 1020 9th Street, #202 • Greeley, Colorado 80631 SALE DATE: 1-ee , //t. /G,/74 NOTICE OF RIGHTS FOR FORECLOSURES OF DEEDS OF TRUST EXECUTED DURING THE PERIOD BEGINNING JUNE 26, 1975, AND ENDING JULY 13, 1975, BOTH INCLUSIVE, AND THE PERIOD BEGINNING ON AND INCLUDING MARCH 1, 1976, AND PRESENTLY CONTINUING. Note: This form of Notice of Rights does not apply to the period between the above-described periods. COLORADO REVISED STATUTES EFFECTIVE JULY 1, 1986 38-39-102. Redemption within specified period - procedure. (1) Except as provided in this section with respect to agricultural real estate or, from the effective date of this subsection (1), as amended, until January 31, 1990, with respect to agricultural homestead real estate, 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 cer- tificate 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 • certificate 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 upon the date of execution of such mortgage or deed of trust, as such date of execution is recited in such mortgage or deed of trust, the period within which the owner of the premises or any person who might be liable upon a deficiency say redeem the premises sold is six months. (b)(I) From the effective date of this paragraph (b) until January 31, 1990, the provisions of this subsection (2) shall apply to the redemption of agricultural homestead real estate. (II) This paragraph (b) is repealed, effective January 31, 1990. (3)(s) The term "agricultural real " means, for the purposes of this section, any parcel of real estate .Rich has not been platted as a subdivision, in 'hole or in part, or which is not a part of any platted subdivision. Whenever the legal description set forth in any mortgage or deed of trust being foreclosed recites that all or any part of the real estate conveyed thereby is within any platted subdivision or describes such real estate as being all or any part of any one or more lots, plots, or blocks of any named subdivision, it shall be presumed for all purposes under this section, and as against all persons, that such parcel is not agricultural real estate. (b)(I) The term "agricultural homestead real estate" means, for the purposes of this section, 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, C.R.B., a contiguous parcel of agricultural land appropriately and reasonably operated as a unit (without uunec y damage or unreasonable effect upon the remainder of the agricultural real estate) containing up to forty acres, with reasonable access to domestic water, including the residence of the owner of the premises and the owner's mineral rights on said forty acres and may include surrounding outbuildings and corrals and agricultural land; except that said parcel shall not contain without the consent of the secured lender more than five acres or a facility material to the operation of the remaining agricultural real estate, nor shall said parcel or use thereof ially ' fere with access to water rights usable on said remaining agricultural real estate; nor shall said parcel or use thereof ma ' lly interfere with access to the agricultural real estate. Said parcel shall be deemed a permitted division of land created by order of court pursuant to Section 38-28-101 (10) (c) (II). (II) This paragraph (b) is repealed, effective January 31, 1990. (6) In the caw 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 (1) of this section, informing such persons of their redemptive rights, if any, under this section. EXHIBIT B (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 estate being foreclosed was established by an instrument recorded with the county clerk and recorder of the county in which said real estate is located subse- quent 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 3S-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 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 the premises at the street address or comparable identifying numbers of the real estate being sold, if such address or numbers are displayed on the prop- erty or any building thereon, informing the owners thereof of his rights, if any, under this section. If there is no street address or comparable identi- fying 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 accord- ing 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 or the lienor redemption periods provided for in 3S-39-103 (1) is a Saturday, Sunday, legal holiday, or a day the county courthouse is closed due to inclement weather, the period is extended to include the next business day. (8)(a) Any owner of agricultural homestead real estate may tender to the public trustee, sheriff, or other officer conducting • foreclosure sale with respect to said property a legal description of said agricultural homestead real estate, and his statement of the proposed payment therefor sixty days prior to the expiration of redemption rights pursuant to this section. (b) This subsection (S) is repealed, effective January 31, 1990. (9)(a) Within the redemption period provided for agricultural real estate pursuant to this section, the owner of the agricultural homestead real estate may redeem the agricultural homestead real estate sold by paying to the public trustee, sheriff, or other proper officer that portion of the sum for which the property wee 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 provided by law, which equals the fraction in Sick the fair market value of the agricultural real estate sold represents the denominator and the fair market value of the agricultural homestead real estate represents the numerator; except that, in the event thet the fair market value of the agricultural homestead real estate is disproportionately large in comparison to the redemption price, the court may adjust said fraction to a fair redemption price for the agricultural homestead real estate, considering the secured party's ability to recover fully the entire redemption price from the agricultural real estate and the agricultural homestead real In the event of any dispute regarding the appropriate legal description for or redemption amount for the agricultural homestead real estate, the court having jurisdiction over the foreclosure sale shell, upon hearing, within the redemption period, determine the appropriate legal description or redemption price for the agricultural homestead real estate. In setting the redemption price for agricultural homestead real estate, the court shall consider adverse effects, if any, on the value of the remaining agricultural real estate, considering the ability of the secured party to recover fully the entire redemption price from the agricultural real estate and the agricultural homestead real estate. The owner of the premises shall tender the redemption price approved by the court within the redemption period. (b) This subsection (9) is repealed, effective January 31, 1990. (10)(a) Proceedings pursuant to subsection (9) of this section shall be given priority by the court of jurisdiction and shall be heard over all ocher matters before the court. The general assembly hereby determines time to be of the essence and intends that the court of jurisdiction shall act accordingly. (b) This subsection (10) is repealed, effective January 31, 1990. • S 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 fore- closed 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 instru- ments 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 twelve o'clock 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, holder of such expenses, late charges, attorneys' fees, and other fees incurred by the connection suchh enot ,h deed of trust, or mortgage as of the date of payment in proceedings for collection and foreclosure. (1)(b) 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 (1). (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, dead 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 viola- tion. 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 twelve noon as provided in this section, all proceedings for foreclosure shall terminate. The officer conducting the sale, upon receipt of • 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 'action shall constitute ■ waiver of any right accruing after a subsequent violation of any covenant of said note, deed of trust, or mortgage. 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. corm of moats to peddle trusty. All moneys payable to • 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 • 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 15-15-101 (3), C.R.S. 1973, licensed to do business in the state of Colorado. Hello