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Home My WebLink About931148.tiff RESOLUTION .. RE: GRANT MANUFACTURED HOME ZONING PERMIT NO. 144 - MARKS 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, the Board of County Commissioners of Weld County, Colorado, on the 3rd day of November, 1993, considered the request of John Marks for a manufactured home to be used as a principal dwelling, and WHEREAS, said manufactured home is to be occupied in an A (Agricultural) Zone District on a parcel of land being more particularly described as follows: Part of Section 29, Township 1 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board of County Commissioners, having heard the testimony of those present, finds that said request should be granted subject to the following conditions: 1. The applicant applying for a building permit for the manufactured home prior to locating the manufactured home on the property. 2. Prior to the occupancy of the manufactured home, the manufactured home shall be connected to an approved septic system and a legal water supply. 3. The manufactured home shall not be occupied until such time that the applicant has complied with Conditions 1 and 2 above. 4. The use of the groundwater is limited to fire protection, ordinary household purposes inside one single family dwelling, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. 5. An Individual Sewage Disposal System must be located at least 100 feet from any well. 6. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 931148 Pi o , ��: RE: MHZP #144 - MARKS PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of John Marks for permission to place a manufactured home to be used as a principal dwelling on the above described parcel of land, which was found to be in compliance with Section 46 of the Weld County Zoning Ordinance be, and hereby is, granted subject to the hereinabove listed conditions. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of November, A.D. , 1993. 0141BOARD OF COUNTY COMMISSIONERS ATTEST: IJJ� tI , 2447- WELD COUNTY, COLORADO Weld County Clerk to the Board a —ec, 2 Constance L,., liar ert, Chairman BY: 444,47//2_,Lic C.-/ /I 8 ., /(td iFT Deputy Clerk to the Board W. H Webster, P -Tem APPROV TO FORM: G E. Baxter o7;7:147 .-g!ne naleK. Hall Barbara J. Kirkmeye O r/ 931148 To: Board of County Commissioners Date: October 15 1993 MHZP-144 Applicant: John Marks This request is for a manufactured home to be used as a Princip€t Welling. Legal Description of Parcel: Part of Section 29, T1N, R65W of the 6th P.M. , Weld County, Colorado. Location: The Department of Planning Services staff has reviewed this request and recommends that the request be approved for the following reasons: WILL WILL NOT X Be compatible with the Weld County Comprehensive Plan. X Be compatible with the surrounding area. X Be in harmony with the character of the neighborhood. X Adversely affect the immediate area. X Be adequately served by water and sewage disposal facilities. X Adversely affect the general health, safety, and welfare of the inhabitants of the area and the County. COMMENTS: The Department of Planning Services' staff recommendation for approval is conditional upon the following: This applicant chose not to submit sign ures of surrounding property owners to the Department of Planning Services. aff has not received any objections to this request from surrounding prope ty owners. Staff does have some concerns regarding the limitations of the water well. 1. The applicant applying for a building permit for the mobile home prior to locating the mobile home on the property. 2. Prior to the occupancy of the mobile home, the mobile home shall be connected to an approved septic system and a legal water supply. 3. The mobile home shall not be occupied until such time that the applicant has complied with Conditions 1 and 2 above. / I _\ {.� lo^ tet I--- h (y �S -"i 4-�'�N, October 20. 1993 M nica Daniels-Mika, Curfent Planner 9311`8 John Marks October 15, 1993 MHZP-144 4. The manufactured home shall not be occupied until such time that the applicant has complied with Conditions 1, 2, and 3 above. 5. She use of the groundwater is limited to fire protection, ordinary household purposes inside on single family dwelling, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. 6. An Individual Sewage Disposal System must be located at least 100 feet from any well. 7. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the -application date. /4/93 Mon'ca Daniels-Mika, urrent Planner Octo er 1993 sr11"49 £LD COUNTY DEPARTMENT DF _PLANNING SERVICE'^ MANUFACTURED HOME 1400 N. 17th Avenue ZONING PERMIT Greeley, Colorado £0631 i •`A Phone 353-3845, Ext. 3540 IMPORTANT - Complete -all items on both sides. Mark boxes where applicable. oa APPLICANT �-71,41,-145 ,c%cJ �,1 . PHONE 786_ 3$a cif d�ADDREs / o. 43.0,1( ss3 62/4/,‘re id co k oG d _OWNER ADDRESS CITY - STATE - ZIP LOT BLOCK SUBDIVISION LEGAL DESCRIPTION ter Q o< £cc ofl lc/g' ezcn7/JTio.41 ,up /117-C-29-i- '& 909 Ojf•,,- O< Ecrca(/ at, 'TOc-.Nek,P 4c trN £4.c-'rc 6S c+/C$r a< rcfc G"4 .0.47 Section , T N, R W. Total Acreage l'9 793 Application for zoning permit is made for: Staff Approval Board of County Commissioners Approval 0 Temporary Use During Construction 0 Use Beyond 18 months During Construction of a residence of a residence ❑ Temporary Storage 0 Extension Beyond 6 months for Temporary Storage 0 More than one MH as Accessory to Farm ❑ More than one MH as Accessory Use as an Office 0 More than one MH as Accessory Use in in C or I Zone District ❑ Temporary Use during Medical Hardship ❑ Accessory Structure 0 Principal Dwelling The above requires an Application fee of The above requires an Application fee of $165.00 $190.00 TYPE OF SEWAGE DISPOSAL TYPE OF WATER SUPPLY 0 Public or private company: ❑ Public or private company: El Septic Tank - Permit # ,ZI Individual (well, cistern) Well Permit I! /-7/ -7/9 Copy Attached: Yes 0 No 0 Copy Attached: Yes UL No 0 DEPARTMENT OF PLANNING SERVICES USE ONLY ZONING DISTRICT ZONING PERMIT NUMBER APPLICATION FEE PAID RECEIPT NUMBER DATE CHAINDEXED APPROVED BY: ❑ Staff ❑ Board of County Commissioners Hearing Date ISSUED BY: DATE MANUFACTURED HOME BUILDING PERMIT NUMBER DATE ISSUED -941.+__43 A sketch plan is required as part of the application review. Please attach a sketch plan of the site at the scale of one inch represents fifty feet or other suitable scale to show the proposed location of the manufactured home, including distances from the property lines and other structures on the property; access to the manufactured home, indicating whether the access is existing or proposed; location and measurements of any easements or right-of-ways; and any existing structures on the property. Sketch Plan attached: Yes E No ❑ Deed or contract attached: Yes ® No ❑ What housing is available on the property and what is its present use? ,t4,WC How many manufactured homes are on the property at the present time? /Wife- TEMPORARY USE DURING CONSTRUCTION OF A RESIDENCE Building Permit Number Date Build Permit Issued Zoning Permit valid for 6 months from date o ssue. Zoning Permit issued id from to RENEWALS: FIRST - From to Fee: Reviewed & Approved SECOND - From to Fee: Reviewed & Approved ACCESSORY FARM USE Type of farming operation on property: Number of Livestock erage number per year Acres Irrigated Acres gland Acres Pasture Number of employees now emplo Full time: Part time: ACCESSORY USE IN C OR I ZONE DISTRICT Type of commercial or industrial activity on roperty: Number of employees: ull time: Part time: Manufactured home will be used fat/ S T OF PLI 7 QT APPLICATION DATE, /O g GILDING PERMITS ARE REQUIRED FOR ALL MANUFACTURED HOMES IN ADDITION TO THE ZONING PERMIT FOR MANUFACTURED HOMES. THE BUILDING PERMIT MAY BE OBTAINED FROM THE BUILDING INSPECTION DIVISION, WELD COUNTY ADMINISTRATIVE OFFICES, 1400 N. 17TH AVENUE, GREELEY, COLORADO 80631, PHONE 353-3845, EXT. 3540, AFTER APPROVAL OF THE ZONING PERMIT. 9311.49 •O - - (TI u3 0 "a O M -J = , W p ^ `}, _ u `UV 1 >t O m X • — 3 e CO - �q s �' a O3llOdddV t" 4' rl a O I, se r E • - --, _ ,n,0O_ _ e. j'. S �r I o z 1= M G 3=c Vi 1 • — u 1 y4 (N x 3••. N d-. V n1 0. N •q' A � .4 rt. N. -- M Y f Q ` W I r = v1 c % O s cIi a 0<a g 0O0V8 I I. MI rJ • b a e W ^ W C J t � � � �I - ter I _ ' ' - l:....,z .1 ./ I ��'----��' • h n .Yi . e le b^ YI O w • ^ ` 1 r ' .. y �r I V I= ti IFN41 �,� b`/ ^ a ' ' : ? '" ` o i I v 5 ] i 1 Yo i ',!^ >-- ` ` �r( t l ^ • I s l j ' ILLI •7� p J r •i O ≥ a • lIi 4,—s 1. fi :IQ: 1.i - a) .. 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Engineering & Surveying PO BOX 5387 Loveland, Colo. 80538 Tele. 303 663 3209 npust 2h , 1901 S?TRS1?RFACF SOIL INVG'STIGATION FOR A RESIDENCE TO BE CONSTRUCTED ON ' %Tr OP Sec 29, m1_N, R6i'n1, Weld Co. CO. mil is renresents; the results of a subsurface soil investigation fo, 2 residence to be constructed on nart of Section 29, T1N, R65W, Wel.1 no . CO. The work was done Aug. 24, 1993. It consisted of an exnlora.•tory hole drilled at the location shown on the location map. It is understood that a crawl space tyne foundation is to be con- structed. The foundation should not be deeper than 36" from the exicti_nfr grade. This is because of the pond southwesterly from the site . The test hole was drilled to a depth of 4 feet. There was no water. encountered . The soil profile is 8" of topsoil below which it silty sand to the denth explored. The soil is firm to hard with mnI s Lure irerea.sing from dry at the top to 8% at 4 feet. The soil bearing canacity was determined with a standard penetrometer. Because there is no load on the perimeter wall, no footing is re- quired under the concrete wall. 'to Yoil.os�lr y''/�� icr.,••;nt* , 4 i; g:; -f e'9� 'm Off,' 9311.A9 1 FOUNDATION RECOMMENDATIONS The selection of a foundation for a structure is determined from the underlying soil conditions. The foundation must be designed to be safe from shear of the underlying soil and settlement and expansion must be within allowable limits which is :usually 4 to 3/4 of an inch. It is recommended that the foundation for the proposed mobile home be concrete pads on undisturbed soil utilizing a soil bearing pressure of 1500 nsf. for full live nlus dead load. The soil is non expansive. No footing is required under the concrete perimeter wall. The following additional recommendations should be followed: 1 . All footings should be a minimum of 30" below grade for frost protection. 2. Footings should bear on the same type soil. 3. All footings should be placed on undisturbed soil. 4. Footings must be properly reinforced with steel. l ^NDSCAPING AND DRAINAGE Every precaution should be taken to prevent wetting of the sub- soil and the percolation of water down the foundation walls. Finished grades should be sloped away from the structure on all sides. A minimum of six inches fall in the first ten feet is recommended. Sprinkling systems should not be installed within ten feet of the structure. Downspouts and splash blocks or down- spout extenders are recommended to carry the drainage from the roof at least five feet from the foundation wall. (2) 2:311.4,1 Bsckfi i_1_ around the outside perimeter of the structure should be compacted at optimum moisture to at least 90% of standard proctor density as determined by ASTM Standard D-698. GENERAL INFORMATION The data presented herin was collected to help develop designs and cost estimates for this project. Professional judgements, design e7"'d ors te+_r. i a. are presented in this report based on experience on subsurface conditions in the area. We do not guarantee the per- formance of the project in any way. only that our engineering work and judgements rendered meet the standard of care of our profession. (3) X31'49 <. 7C.1..4 170/t/ //yf'P -PART OF SECTION 29, TIN, R65W of the 6th P.M. NW Corner See.29, (Found *4 Rebar W/ NE Corner Section 29 Lind L.S.2730 Cap) North 1/4 Corner Sec.29, (Found # 4 Rebar W/' (Found*4 Rebar W/ Odor L.S. 13895 Cap) Freese L.S.4392 Cap) N69°5645"W-2630.20 N89°59'00"W—2629.30 1t North Line Sec.29 1 46.89 i 611°6500' 1501.65 — — ---- _ _ — 990.00 N31°48'13"Eo' s n 464.78 _• zse.os y ROADsection Corner, described as shown. / � . HMo — #5 Rebar W/ L.S. 12330 Cap, Sel. oo • 458'34 -- LOT A-a,N855 o'tiy 4.956 Ac.* — #5 Rebar W/l..S,16397 Cop,Found \fI and accepted, / £ '>■—e— — EXISTING WIRE FENCE / 77:7W"--1704--I G?MG 11.e !Sv' I Cu N 30.0 --] 4— /A /p �� a -> 30.0 Ea5\�eon �^b0- b b.N " e, 3 Lb. n. SCALE: Ire=600rAco�' oSec.29—.� NeSiiiiii � P O I ft) b 0 300 600/ y cv I LOT B � I � I a) 99.793 Ac. N A /' i i 9Q i ° � I g Booh 554, Po,e 361I MIn S90°00'00"W-2182.51 S90°00'00'W-1684.48 r I -- -. - 3868.$9 ::° w NBB°53'58'E -3925.18 4� o O / II o NOTES: DETAIL I. BEARING BASIS IS CONSIDERING THE EAT LINE OF SECTION 29 TO BEAR NOO°00'00 F. O, I 2. ALL EASEMENTS WERE NOT REQUESTED TO I �i BE RESEARCHED AND SHOWN. o I ^"� I tit 1684.40 I j; ; 4or : At tr ALE PARTNERSHIP _ SE r isr sac. 23„ i / 11 6E?-22-03 WED 11:36 P, 02•'-SP1"6P INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT NO. G-9303; 1' WELD COUNTY HEALTH DEPARTMENT NEW PERMIT -ENVIRONMENTAL HEALTH SERVICES 1-517 16TH AVENUE COURT, GREELEY, CO 906;.31 253•-0635 E XT .2225 IWNER MARKS, JOHN ADDRESS PO BOX 553 PH (303) 780-3229 BRIGHTON CO 00610 IDDRES ; OF PROPOSED SYSTEM lv'CR 6 & 41 HUDSON CO 80642 EGAL DESCRIPTION OF SITE: SEC 29 TWP 1 RNG 65 ;UL1DIVI5ICJN: LOT 0 BLOCK U FILING 0 JSE TYPE: RESIDENTIAL MOBILE HOME SERVICES: PERSONS 1 BATHROOMS 2.00 LOT SIZE 99.70 ACRES :BEDROOMS 3 BASEMENT PLUMBING NO WATER SUPPLY PWELC. aPPL I C AT I ON FEE 3150.00 RECD BY CINDY SALAZAR SIGNED BY JOHN MARKS DATE 09/1:0/93 DATE 09/10/93 ='ERCC'7LAl'ICJN WAZE GO ,_ MIN PER INCH LIMITING ZONE �/_V FEETWO4C SOIL TYPE ` turoc�{ PERCENT GROUND SLOPE _ % DIRECT ION ___ AR REQUIRES ENGINEER DESIGN AO _ IN 100 YE FLOOD PLAIN ZONE FROM THE APPLICATION INFORMATION ON SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA THE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE PEW RED: 41- SEPTIC TANK MO__ SALLONS. ABSORPTION TRENCH _ SO. F1'. OR r� ABSORPTION BED -?nL SO. FT. iN ADDITION. 1HIS PERMIT (S SUSJEC'I TO THE FOLLOWING ADDITIONAL TERMS AND THIS PERMIT. IS SRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT MAY BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET FORTH IN CHE WELL) COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING F A L!JRf. TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL APPROVAL. THE IS UANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE �*IFARr,iENT OR ITS EMPLOYEES OF LIABILITY FOR THE F'AILI E OR INADEQUACY OF THE SEWAGE DISPOSAL S`tSTEM / � Ql// 3- 9_ lei._?3 cD 7.' `� -ENVIRONMENTAL SPECIALIST DATE, THIS PERMJT1S NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HAS NOT COMMENCED WITHIN ONE.; Y :AP. OF IfS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF THIS PERM I ! THL WELDS COUNTY HEAL''H DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADD1,-- ! I CNAL B EF:M$_. AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA- SIC. FINAL PERM I r AF'PROVidL IS C JNT. I NaENT UPON Y HE FINAL INSPECTION OF" !HE COM- PLE7QED I'STEM BY THE WELD COUNTY H•.AL !H DEPARTMENT . WCHD-EHS MAY, 1924 SEP 22 '93 11:39 PAGE.002 93144 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 IAD C• WELD COUNTYADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: September 30, 1993 CASE NUMBER: MHZP-144 TO WHOM IT MAY CONCERN: -Enclosed is an application from John Marks for a Zoning_Permit for a Manufactured Home to be used as a Principal Dwelling. -The parcel of land is described as Lot B of RE-909, located in part of Section 2-9, T1N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the intersection of Weld County Road 6 and Weld County Road 41. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will-ensure prompt consideration of your recommendation. Please reply by October 14, 1993, so that we may give full consideration to your recommendation. -Please call Monica Daniels-Mika, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this _request (is/is -not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: ♦ 4 ) REFERRAL LIST NAME: John Marks CASE NUMBER: MHZP-144 REFERRALS SENT: September 30, 1993 REFERRALS -TO BE RECEIVED BY: October 14, 1993 COUNTY TOWNS and CITIES Attorney _Ault —R--Health Department _Brighton _Extension Service Broomfield Emergency Management Office Dacono Sheriff's Office _Eaton _Engineering Erie Housing Authority Evans Airport Authority _Firestone Building Inspection _Fort Lupton _Frederick STATE Garden City Division of Water -Resources _Gilcrest _Geological Survey _Greeley _Department or Health Grover Department of Transportation _Hudson _Historical Society _Johnstown Water Conservation -Board _Keenesburg _Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS _Lochbuie Ault -F-1 Longmont _Berthoud F-2 _Mead Brigg-sdale F-24 _Milliken _Brighton F-3 New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 Nunn Galeton F-6 Pierce Hudson F-7 _Platteville Johnstown F-8 Severance La Salle F-9 _Thornton Mountain View T-10 Windsor _Milliken F-11 Nunn F-12 COUNTIES _Pawnee F-22 _Adams Platteville F-13 _Boulder Platte Valley T-14 _Larimer _Poudre Valley -F-15 _Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hills F-20 _Federal Communication -Commission OTHER SOIL CONSERVATION DISTRICTS _Central Colo. Water Conservancy Dist. Brighton Panhandle Eastern Pipe Line Co. Fort Collins _Tri---Area Planning Commission Greeley Longmont West Adams COMMISSION/BOARD MEMBER 931149 Ilk tz'G' DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 N• OO 17THAVENUEO631 REELEY,�a COLORADO 80631 COLORADO September 22, 1993 John Marks P.O. -Box 553 Brighton, CO ' 80601 Dear John: Your Manufactured Home Zoning permit is almost complete and is currently being processed by our office. We do however need the attached signed and notarized. As soon as I receive the referral from the Health Department I can make an appointment with the Board of County Commissioners. Give me a call if you do not understand what I need. By the way, the view from your property is wonderful. Respectfully, Mon ca Daniels-Mika Current Planner 9311.48 fl45 Reception Nu B 1-401 REC 02350319 3)9/14/93 .:40 $5.00 1/001 I` c v.: ,. ): 4 _ F 11925 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO i .0.1:14,t« AR235U319 WARRANTYDEED f• '. } THIS_DEED.Made this 10TH day of SEPTEMBER,1993 between ALE PARTNERSHIP of the County of ADAMS and State of COLORADO.grantor, and JOHN J.MARKS and JOHN R.MARKS STATE DIXUME whose legal address u4779 SOUTH OUTLAY STREET, Date / NT AURORA,COLORADO 50015 = /_0. 56 of the County-of and State of COLORADO,grantees: -WITNESS, that the grantor, for and in consideration of the sum of ONE HUNDRED FIVE THOUSAND AND 00/10aha DOLLARS,-(9105,000.00),the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant, bargain, sell, convey and confute unto the grantees,their heirs and assigns forever..ot In tenancy hi common but 4n Joint tenancy. all die real property. together with improvements, if any,situate,tying and being in the County of -WELD,and State of Colorado,described as follows: LOT SDF RECORDED EXEMPTION NO.1473-19.1-RE909 BEING A PART OF THE -tram sp SECTION 29,TOWNSHIP 1 NORTH,RANGE 45 WEST OF THE 4THt M.,AS PER THE MAP RECORDED OCTOBER 24,1914 IN BOOK 1132 AT RECEPTION NO. 2074589 AND CORRECTED DECEMBER 19,1908 IN BOOK 1119 AT RECEPTION NO. x, , . , 1163331, ;i � COUNTY OF WELD,STATE OF COLORADO. s, � ' '' oleo known by ant teed mmbet m VACANT LAND• HUDSON. CO. - : r TOGETHER-with all and sigma the mredit mete and appurtenances Omtaao b al as Aida Ravi•�0ee(ui'a4 lies a . ,,,,,,,,--k.&, i4d. b -I reversion and uaaeoever of ise�sio&r and remainders, rend, issues of, and peons thereof,and a1 d sum.right,tide. at,tiles an4 11\ ppu�rm grantor, s:Yher i it or tquiry, in and m 0Y Wove hm8aied premiss,lea 01e heae8uns and p ` ' ' 1VV(1! TO HAVE-AND TO HOLD the as premises above bupimd ad ds+iad,wilt it appm'e�a,re lee pasta,tte(rbdn ,.;s and udgm forever. And die grafter,for herself,IS heirs at paant rep_-1,s,be mnsr.-goa,beer a4 spa a ad ma the greses,their heirs and amigos.daunt time oldie miscalls and deli.eq dime preru.Wiwi a®1 d k ' ` ) Wore conveyed ha goad, core, perltes, abeam and indefmsbi a drbesaate,am sw.I4 sample,ad batosd riled,Y 1 poles ad rrw aullefity a grar,Wrgae,sell and convey the saw itrow ad its duemid,ad Sneers s See ail dear from al mete fee` harpid• sales. Ire.taxes.assessments,emanates ad rasrktir dwhamta kidrasa sower, eft fee e Say, year,glen best net yet des we paysW,wsae,r@aralsa,swadas._.sate mall I 'The_grantor shall and all WARRANT-AND FOREVER DEPEND dr abovelmerpimel p aiws a Sete ad paaarW peene.ba _of lte grata,their bibs as agars all ad pastes a Pmaa*iwN!'allele dm woos fl con Suet -Thesingular numbs shall Include tls plural,the pled aiprr,al de r el en gate aim bet.g',akb a aB Benlra IN VIITNERS WHEREOF the gnome Ku @maned it deed a the des at WS above. ALE PAR7NWHIP h CcsRYC ...... i �. L�ITb, PARTNERYeB L. -ERGER.7� moat, L,.LAID, PARTNER/ O'''l{O7� STATE OPIOLORADO )n w fusty 0,',"%"Q. COUNTY OF ADAMS ) AR 'ION `b! ,1� T•,. Nuamsee w abeerrdgd Wen ma it iS19Y TR kfp b �, - Y)ili`ka aa4001 fiiI¢gRDEtAND CHERYL L. LARD• m ;tiling )i7 � My commission expires: tO4W16 ,q17), 11 %.,1 J ,faa iA l!i / ,,„„ia ien5 x�cttctL•K41 tutAcne"tab ,c3af rJD Ld. (( .N`lrO 3 tab at*,M,an1JwAtnANf7 BAR M Ms Tali* 21.41..6 C 1 Mobile Home Petition Do not _sign -this petition unless you are an "owner" of real property within 5C0 feet of the property on which the mobile home is proposed to be located on. An owner 1s a person holding fee title to real property. You are an "owner" if you hold a contract to-purchase real-property-,,hich obligates you to pay general taxes on that property. In that instance, the -seller may not sign this petition. We, the undersigned owners of property within 500 feet of the property that the mobile home is proposed to be located on, do not o,b.rj ect to the issuance of a zoning permit for a mobile home to be used as_a PAbw9/J,Qy .e-E3yDE.✓c Do not sign Mr. and Mrs. - sign individually. Da not sign this unless you have read all of the eext. Signature Mailing Address Telephone Date of Number Signing STATE OF TOLORADO ) ss. AFFIDAVIT OF CIRCULATOR COUNTY OF WELD ) I, being first duly swprn, depose and say that -my address is /972_42 G✓c=Q /e aottio,V. Co c0Lc2/that I_ have circulated the within Petition, that each signature thereon was affixed in my presence, and that each signature thereon is a signature of the person that is purports to be and that, to the-best-of my knowledge and belief, each person signing the petition was, at the time of signing, an "owner" of real property within 500 feet of the -property where the -mobile home is -proposed to be located on. ...r0,4?-1 -}_ /7242/d-5 Signs re of Circulator Printed Name 19 g DESCRIBED AND-SWORN to before me this �' 2ay cf WITNESS my hand and official seal. Note Public My commission expires: 0 2w ‘0, M4 9B114f4 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS John J. Marks Ale Partnership 16521 E. 121st Circle Brighton, CO 80601 Clinton D. and Yvonne J. Miller 19824 Weld County Road 6 Brighton, CO 80601 Harlan J. and Lois E. Wall 310 S. 22nd Avenue Brighton, CO 80601-2530 Marian G. Kilker, Trustee and Mary Elen and Catherine A. Newton Brighton, CO 80601 Mary Ellen and William H. Murray P.O. Box 161 Brighton, CO 80601 Victor A. and Janice L. Wascher 19997 Weld County Road 6 Hudson, CO 80642 931.1..‘49 �s " ss �i se'ri �j ... 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I a . ��cie- . caR , I T.�NFat \ I \�il \ , , ps J +t' • . t i< x .'./ ry H / ta„+.a.;„' mayr 'TM" xr d' s,. '° '3:-:"M344,.. t - '• ' # r `Y.arnMyt p "v r//1+1a x + 4 a s ..f s y `., us nz s .",7:-‘,1.00 t ta[ r$ t If.3. • lekiIp ¢. '< mac.. J«a'} - r .1' ;,,..,'« -, l� ' ( 4$ arr 7,1,7' e 7,',.. '" .. • NT.Ili! ,y`,*.G a < _ S r ***1‘,,,, `5TH. At }.J.. t 1 an�P 5 �{}' i C7'C p,'' a itY, 4 4P7 4' 0.3$ y 1 7.1 01. c - x"<, ,,... AFFIDAVIT OF INT-EREST OWNERS SURFACE ESTATE Application No. Subject Property /9 2,.? (IJc e 6 /✓ /OSo"; co 706,-. / STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best -of his r her knowledge the attached list is a true and accurate list of the names, addresses and the r.orresponding Parcel Identification Number -assigned by the Weld County Assessor of the 'owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title ox abstract company or _attorney, derived from such records, 'or from the records of the Weld County Clerk and Recorder. The list _compiled from the records o₹ the Weld County Assessor -shall have been assembled within thirty (30) days of the application submission date. The foregoing 'ni/n^s7trument was -subscribed i41 ubscrribed and sworn to before me this(/ day of (9Q�Y bt✓ , 19 WITNESS my hand and official seal. My Commission expires: ota y Public 9Z11.-41.3 FIELD CHECK FILING NUMBER: MHZP-144 TATE OF INSPECTION: September 17, 1993 APPLICANT'S NAME: John Marks REQUEST: Manufactured Home Zoning Permit for a principal dwelling. LEGAL -DESCRIPTION: Part of Section 29, T1N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Weld County Road 41 and Weld County Road 6. LAND USE: N I-76 E Small farm and agricultural crops S Farm and agricultural W Farm and agricultural ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W -A (Agricultural) COMMENTS: The site has a large pond. The property is directly adjacent to I-76. -The majority of the site is in farm production. The site is vacant. -The site has an access off of Weld County Road 41. "\--5.&. Q_ i &L. 0_4-A¢> Vac, etO'L1 (Xi Q_ J. l �IA Monica Daniels-Mika Current -Planner 9311.413 • Exhool.t A „ CORRECTED RECORDED EXEMPTION NO. 1473-29- I -RE90S I -PART DF SECTION -29, TIN, R65W a- the4th P.N. NW Corner Sec.29, NE Corner Section 29 - - (Found*4 Rebar WI North 1/4 Corner Sec.29, (Found #4 Rebar W/ Lind LS.2730 Cap) (Found*4 Rebar W/ Odor L.S. 13895 Cap) F L.S.-4392 Cap) t 1189°56'46"W—2630.20 N89°59'00"W—2829= -North LineSec.29 89•46 1 S69°59'001 1501.65 311.65 - 99ab0 _- - N32 68'13"Eo' n464160 -r, 9 ROAD 268.06 �Y' c _ c ",4_ —Section Corner, described as shown. / 458.34 LOT A a — #5 Rebar W/1.S. 12330 Cap,Set. e+. 85°53'00'�V tAC.to — #5 Rebar W/1.S.16397 Cap,Found 4and accepted. i *--+— — EXISTING WIRE FENCE ^��uVS'e I / X00, I N 30.0 -� / ^a a -s 1'-30.0 _pe ti� a0 to ' East I 8 N Line w 7/e,/ o Sea 29—� N _ 4/ 0 I MSCALE Ia-600 le°yam' -. 511 1 VIII 0 300 6� LOT B 1 99.793 Ac. t N o III e /// 90°OO I I 7 ' %• I O 4 / a? M Book 554,-Page 351 2,o / A 390°00'00°W-218231 s90°00'00"W-1684.48 /C I w • O 3866?)9 As- N88° N88°53'58'x-3925.IS I g a / DETAIL I c NOTES: I 3 '_ I. I OFASIECTION 129S TOO PEAR IN00 DO 00"E.CNSIDERNG THE -EASTLINE I $1E 2. ALL EASEMENTS WERE NOT REQUESTED TO I m ,�,� I BE -RESEARCHED AND SHOWN. ° I - 1684.48 No 2 Road 6 LOT A=4.956 At; I e� -'�='----� `_,� sots s LOT B =X9.793-Ac.t rmi �' ., LOt I..2. 6 130.0 30.0•�q _ TOTAL=104J49 Ac.t o ir'riicnS 0 - / a ALE PARTNERSHIP /' �, -SE _Corner Sec. 29, _ ant (Found #5-tabor W/ • N Calahan L.S.16397 Cap, Location -matches Lind 11, -- PREPARED BY MonumentTRecord.) ' ^ ' ALPHA ENSINEERING Lot 8 P.O. BOX 39-2 1 --'Jt FT. LUPTON, xD 80621 o° _ Phone: 303-373-5186 f . a`v� N >! Ok,..... — - DATE: DECEMBER 15, 198 ,, -i Road -4 •«43 , • _ • W�° , — N aE [ zy), i LOCATION MAP SCALE : I"=2000' N (File No.29-IN5-01 ) SHEET I DT 2 . a Sc.1 49 CORRECTED RECORDED EXEMPTION NO. 1473-29 - I -RE909 LEGAL DESCRIPTION: (BOTH LOTS A AND B) ALL THAT PART OF SECTION 29, TOWNSHIP 1 NORTH, OF RANGE 65 WEST OF THE 6TH P.M. , WELD COUNTY , COLORADO, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 990.00 FEET WEST OF THE NORTH- EAST CORNER OF SAID SECTION; THENCE S12°00'00"W 3340.28 FEET TO THE NORTH LINE OF THAT PARCEL DESCRIBED IN BOOK 554 AT PAGE 351 ; THENCE N90°00'00'W 2182.51 FEET TO THE EAST R.O.W. LINE OF THE RAILRAOD; THENCE N35°54'05'E ALONG SAID EAST R.O.W. LINE A DISTANCE OF 4033.74 FEET TO THE NORTH LINE OF SAID SECTION; THENCE 589°59'00"E ALONG THE NORTH LINE OF SAID SECTION 511 .65 FEET TO THE POINT OF BEGINNING. ALSO THAT PART OF SAID SECTION 29, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M. , DESCRIBED AS FOLLOWS' COMMENCING AT A POINT ON THE EAST LINE OF SAID SECTION 29 , A DISTANCE OF 3267 .00 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION; THENCE NORTH 90°00'00" WEST AT RIGHT ANGLES TO SAID EAST LINE OF SAID SECTION, 3866.99 FEET TO A POINT ON THE EAST BOUNDARY LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON & QUINCY RAILWAY ; THENCE SOUTH 3554'05" WEST ALONG THE SAID EAST BOUNDARY LINE OF SAID RAILROAD RIGHT-OF-WAY 98.00 FEET TO A POINT ; THENCE NORTH 88° 53 '58' EAST TO A POINT ON THE EAST LINE OF SAID SECTION, 3271 .00 FEET SOUTH OF THE NORTHEAST CORNER THEREOF ; THENCE NORTH 00-°00'00" EAST ALONG SAID EAST LINE OF SAID SECTION, 4 .00 FEET TO THE PLACE OF BEGINNING. TOTAL ACREAGE: 104.749 ACRES MORE OR LESS. SUBJECT TO RIGHTS-OF-WAYS AND EASEMENTS AS GRANTED, RESERVED, RECORDED AND APPARENT ON THE PROPERTY . LEGAL DESCRIPTION OF LOT A: THAT PART OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P .M. , WELD COUNTY , COLORADO, DESCRIBED AS FOLLOWS' BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 29 AND CONSIDERING THE EAST LINE OF SAID SECTION AS BEARING NOO°00'00'E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N89-°59'00'W ALONG THE NORTH LINE OF SAID SECTION 29 A DISTANCE OF 990.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE S12° 00'00"W A DISTANCE OF 450. 10 FEET ; THENCE N85°53'00'W A DISTANCE OF 458. 34 FEET ; THENCE N17°06' 11 'W A DISTANCE OF 188.00 FEET ; THENCE N31° 48' 13"E A DISTANCE OF 268.06 FEET TO THE NORTH LINE OF SAID SECTION 29; THENCE S89°59'00'E ALONG SAID NORTH LINE A DISTANCE OF 464.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 4.956 ACRES MORE OR LESS. SUBJECT TO RIGHTS-OF-WAYS AND EASEMENTS AS GRANTED, RESERVED, RECORDED AND APPARENT ON THE PROPERTY . . . i118YEY4H_5 QE9ILEL49IEc "4s;; f.. I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY . 0' '' ` '``�. SUPERVISION; AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. : o rrl ; 1��` DATE ' �2— h"- 88 �.� : � •. e CECIL R. CROWE, P.E.A. L.S. 12330 4:,27943( a lam' eB4eEBIY QWEB_;z AL'P84YQ4+ "�+�... . I , THE UNDERSIGNED, BEING THE SOLE OWNER IN FEE OF THE ABOVE DESCRIBED PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. ALE PARTNERSHIP, A CO-PARTNERSHIP BY PARTNER THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.O. , 19____. MY COMMISSION EXPIRES: NOTARY PUBLIC, WITNESS MY HAND AND SEAL. THE ACCOMPANYING PLAT IS ACCEPTED -AND APPROVED FOR FILING. DEPARTMENT OF PLANNING SERVICES DIRECTOR THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D. , 19 #IY COMMISSION EXPIRES' NOTARY PUBLIC , WITNESS -1Y HAND AND SEAL. SHEET 2 OF 2. 921;19 Reception No. Recorder. -WARRANTY DEED -THIS DEED. Made this 10TH day of SEPTEMBER, 1993 between ALE PARTNERSHIP of the County of ADAMS and State of-COLORADO, grantor, and JOHN J. MARKS and JOILN R. MARKS whose legal address is 4779SOL'TH OURAY STREET, AURORA,COLORADO 80015 of the County of and State of COLORADO, grantees: WITNESS, that the grantor, for and in consideration of the sum of ONE HUNDRED FIVE THOUSAND AND 00/100ths DOLLARS, ($105,000.00), the receipt and sufficiency of which is hereby acknowledged,has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and -confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of WELD, and State of Colorado, described as follows: LOT B OF RECORDED EXEMPTION NO. 1473-29-1-RE909 BEING A PART OF THE SECTION 29,TOWNSHIP 1 NORTH, RANGE 65-WEST OF THE 6TH P.M.,AS PER THE MAP RECORDED OCTOBER 24, 1986 IN BOOK 1132 AT RECEPTION NO. 2074585 AND CORRECTED DECEMBER 19, 1988 IN BOOK 1219 AT RECEPTION NO. 2165331, COUNTY OF WELD, STATE OF COLORADO. also known by street and number as VACANT LAND, HUDSON, CO. -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,clairnand demand whatsoever of the grantor, either in law or equity, of, in and to the-above bargained premises, with the hereditaments and appurtenances. TO HAVE AM) TO HOLD the said premises above bargained and described,with the appurtenances, unto the grantees, their heirs and assigns forever. -And the-grantor, for himself, his heirs and personal representatives,does covenant, grant,bargain and agree to and -with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has 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,encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year,a lien-but not yet due or payable,easements,restrictions, reservations,covenants and rights-of-way of record,if any, The grantor shall and will WARRANT AND FOREVER DEFEND theabove-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns,against all and every person or persons lawfully claiming the whole or anyiaart_thereof. The singular number shall include the plural, the plural the singular,andkthe use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this_deed on the date`set forth above. ALE PARTNERSHIP by C .HERYLfI . LAND, PARTNER S L. ERGE-R, P TNE-R LLOYD , PARTNER \`r 007_0 O DI =cn ' y 'd r— ; STATE OF COLORADO ; 7z � d ) COUNTY OF ADAMS ) t. 0 . The foregoing instrument was acknowledged before me-his 10TH day of SEPTEMBER, 1993 by s- g 1'1'd and JAMES I.. ANER as PARTNER LLOYD L. LAND AND CHERYL L. LAND as PARTNERS ALE PARTNERSHIP Witness hand and offi ial seal. My�otrtmissionexp'ires: 197.96 c�ll)JQ� y flifi NotaryTubiic 6C5 - ,.c, i Art &rjeQ Liu No.921A.4n.J-a5 WARRANTY D®(te Joiot-itnui:) .J S.• y The printed portions of this form approved by the Colorado Real Estate Commission(TD 73-11-83) IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION,CONSULT LEGAL COUNSEL. • THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOW)BE CONSULTED BEFORE SIGNING. DEED OF TRUST (Due on Transfer-Creditworthy Restriction) THIS DEED OF TRUST IS MADE-THIS 10TH day of-SEPTEMBER, 1993, between JOHN7. MARKS and JOHN R. MARKS (Borrower), whose address is P.O. BOX-553, BRIGHTON,COLORADO-80601; and the Public Trustee of the County in which the Property (see paragraph 1) is situated(Trustee); for the benefit of ALE PARTNERSHIP, (Lender), whose address is 16521 E. 121ST CR, BRIGHTON, COLORADO 80601 f7 Borrower and Lendertovenant and agreeas follows: 1. Property in Trust. Borrower, _in consideration of the indebtedness herein recited and the trust herein created, hereby grants and _conveys to Trustee in trust, with power-of sale, the following4escribed property located in the County of WELD, State of Colorado: LOT B OF-RECORDEDEXEMPTION NO. 1473=29-1-RE909 BEING APART OF THE SECTION29, TOWNSHIP 1-NORTH, RANGE 65 WEST OF-THE 6Th P.M., AS PER T₹IE-MAP RECORDED OCTOBER 24, 1986 IN BOOK1132 AT RECEPTION NO. 2074585 AND CORRECTED DECEMBER 19, 1988 IN BOOK 1219 AT RECEPTION NO. 2165331, COUNTY OF WELD, STATE OF COLORADO. i L which has the address of VACANT ZAND, HUDSON, COLORADO80621 (Property Address), together-with all its appurtenances (Property). 2. Note; Other ObligationsSecured. This Deed-of Trust is given to secure to Lender: A. _he repayment of the indebtedness evidenced by -Borrower's note (Note) _dated SEPTEMBER 10, 1993, inthe principal sum of EIGHTY-YOUR THOUSAND AND 00/100ths U.S. Dollars, with interest on the-npaid principal balance fromSEPTEMBER 10, 1993, until paid, at the rate of 93 percent per annum, with principal and interest payable at 16521 E. 121ST CR, BRIGHTON, COLORADO 80601 or such otherplace as the Lender may designate, in60 payments of ** INTEREST ONLY ** due on the 10TH day of each MONTH beginning OCTOBER 10, 1993; such payments to continue until the'ntire indebtedness evidenced bysaid Note is fully paid; however, if not sooner paid, the entire principal amountiutstanding and accrued interest thereon, shall be due and payable onBEPTEMBER10, 1998; and Borrower is to pay to Lender a late _charge of3%if any payment not receivedty the Lender within3_days after payment is due; and Borrower has The right to prepay the principal-amount outstanding under said Note, in whole-or in ,t part, atany time without penalty except NONE B. the payment of all other sums, with interest thereon at 9:5% 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 toprant 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 4. Payment of -Principal and Interest. Borrower shall promptly-pay when _due the principal of and interest on the indebtedness evidenced by the Note, and late charges asprovided in the Note and shall perform all of Borrower's other covenants contained in the Note. 5. Application of Payments. All payments received by Lender under the terms hereof shall be applied byl,ender first in payment of amounts slue pursuant to paragraph 23 (Escrow Funds for Taxesand Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. '1 No.TD 73-11-83. _DEED OF:A LS f(De Y su'transfer-Creditworthy Restriction) 93°11.4-9 Page 1 of-4 or or gages an ee o ist; Charges; Liens. bower shall pertorr ofBorrower s o igations un er any prior deed of trustand any other prior.__.is. Borrower shall pay all taxes, assessments—Al other charges, fines and impositions attributzble 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 23 (Escrow Funds for Taxes and Insurance)or, ifaot 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 paragraph if Borrower, after notice to Linder, 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, only upon Borrower making all such contested payments and other payments as-ordered by the court to the registry of the court in which such proceedingsare filed. 7. Property Insurance. Borrower shall keep the improvements -now existing ortereafter erected onthe Property insured against loss by fire or hazards included within the term extended coverage" in an-amount at least-equal to the lesser of(1) the insurable value -of the Property or (2) an amount sufficient topaythe sums secured by this Deed of Trust as wellasanyprior encumbrances onthe Property. All of the foregoingshall be knownas "Property Insurance". 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 shallprovidethat the insurance carrier shall notify Lender at least ten (10) bays before cancellation, termination or any-material change of coverage. Insurance policies shallbe furnished toiender at or before closing. Lender shall have the right tohold the policies and renewals thereof. In the event of loss, Borrower shall-give prompt notice to the insurance carrier and Lender. Lender may makeproof of loss if not made promptlyby Borrower. Insurance proceeds shall be applied to restorationor repair-of theProperty damaged, provided such restoration 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 insuranceproceeds shallbe applied to the sums secured by lhisleed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30days from the date notice is given inaccordance 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 restoration or repairof theYroperty 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 ofthe installments referred to in paragraphs 4 (Payment of-Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance)orchangethe amount of such installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the-Property is acquired by-ender, all right, titleand interest of-Borrower in and to any insurance policies and inand 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 sumssecured 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 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 deteriorationof 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 df Lender's Security. -Except whenBorrower has exercised Borrower's rights under paragraph 6 above, if the 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 theProperty, 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, includmg,tut 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 noticeprior to any such inspection specifying reasonable cause thereforrelated to Lender's interest in the Property. 11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the-Property, or-part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender as herein provided. However, all of the-rights of Borrower and Lender 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 proeeedsshall be applied to the sums secured by this Deed of Trust, with the,excess, if any, paid to Borrower. In the event of apartial taking of the Property, the proceeds remaining after taking out any -part of the award due any prior lien holder(net award) shall be divided-between_ender and Borrower, in thesame 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 in the Property means the fair market value of the Property less the amount of sums secured-by both this Deed of Trust and all prior liens (except taxes) that are to receive any of the award, all at the value immediately prior to the date of taking. 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 23 (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 amortizationof 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. 13. -Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder,or otherwise affordable by law, shall not be a waiver or preclude the exercise of any such-right or remedy. 14. Remedies Cumulative. Each remedy provided inthe Note and this Deed of Trust is distinct from and cumulative to 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 24 (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 convenienceonly and are not to be used to interpret or define the provisions hereof. 16. Notice. Except for any notice required by law to begiven in another manner, (a) any notice to Borrower_provided for in this Deed of Trust shall be an -writing and shall be given and be effective upon(1) delivery to-Borrower or(2) mailing such notice by first-class U.S.miail, 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 (1) delivery to Lender or(2) mailing such notice by first-class U.S. mail, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any noticeprovided for in this Deed of -Crust shall be deemed to have been given to-Borrower or Lender when given in any manner designated herein. 17. Governing Law; Severabdity. The Note and this Deed of Trust shall be governed by the law of Colorado. 1n 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 con be given effect without the conflicting provision and to this,end the provisions of the Deed of Trust and Note are declared io be -k-«t ',le S31145.3 4 Acceleration; Foreclosure; Oth" Remedies. Except as provided in paragraph 7 '1 ransfer of the Property; Assumption), upon Borrower's breach of any covena r agreement of Borrower in this Deed of Tru r upon any default in a prior lien upon the Property, (unless Borrower has exercised borrower's rights under paragraph h above), 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 saleand 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 Borrowers 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'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 Deednf Trust; and (c) the excess, if any, to the Jerson or persons legally entitled thereto. 19. Borrowers Right to Cure Default. Whenever foreclosure is commenced for nonpayment-of any sums duebereunder, the owners of the Property orparties 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 proceedingsshall be discontinued. 20. 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 18 (Acceleration; Foreclosure; Other Remedies)orabandonment of the Property,-have the right to collect and retain such-rentsas 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 18 (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 withoutmotice - notice being hereby expressly waived. Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies)or abandonmentof the Property, Lender, in person, by agent or by judicially-appointed receiver, shall be entitled to enter_upon, take possession of and manage the Property and to collect the-rents of the Property mcludingthose-past due. All rents-collected by Lender orlhrreceiver 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 toaccount only-for those rents actually received. 21. Release. Upon payment of all sumssecured by this Deed of Trust,Lender shall causeTrustee to releasethis 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 Lender 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 byTrustee or pay the cost thereof to effect the release-of thisDeed of Trust. 22. 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. 23. Escrow Finds for Taxes and Insurance.. This paragraph 23 is not applicable if Fundsasdefined below-are being-paid pursuant to a priorencumbrance. Subject to-applicable law, Borrower shall-pay tolxnder-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 na of the yearly taxes and assessments whichmrayattain priority over this Deed of Trust, plus na of yearly premium installments for Property Insurance, all -as reasonably -estimated initially and from time to time by Lender on the basis of assessments and billsand reasonableestimatesthereof, taking into account any excess Funds not_used orshortages. 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 bya federal or state agency. Lender shall apply she Funds to pay said taxes, assessments and insurancepremiums. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling saidassessments and bills. Lender shall not be-required to pay-Borrower any interest or earnings on the Funds. Lender shall give toBorrower, 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 arepledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds heldty Lender shall-not be sufficient to pay taxes, assessments and insurance premiums as they fall due, Borrower shall pay tol.enderany amount necessary to make up the deficiency within30 days from the date notice is-given in accordance with paragraph 16 (Notice)by Lender to-Borrower requesting payment hereof. Upon-payment in-full ofall sums secured by this Deed ofTrust, Lender shallsimultaneously-refund to Borrower any Funds held by Lender. If under paragraph 18 (Acceleration; Foreclosure; Other Remedies)the Property is sold or the Property is_otherwise acquired by lender, Lender shall apply no laterthan immediately prior to the sale of the Property or its acquisition by Lender, whichever -occurs first, any Funds field ty Lender at the time of application asa credit against the sums secured by this Deed of Trust. 24. Transfer of the Property; Assumption. The following events shall be referred to hereinas-a "Transfer": (i) a transfer or conveyance of title (or any portion thereof, legal -or equitable) of the Property (or any part thereof or interest therein), (ii)the execution of a contract oragreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or-any-part thereof or interest therein), (iii) or an agreementgranting a possessory-right in the Property (oranyportion thereof), in excess of three (3) years, (iv) a sale or transfer of,_orthe-execution of a-contract oragreement creating a right to acquire orreceive, more than fifty percent (50%) of the controlling interest or more than lift/percent(50%)of the beneficial interest in the Borrower, (v) the reorganization, liquidation or the'dissolution of the Borrower. Not to-be included as a Transfer are (i)the creation of a lien or encumbrance subordinate to thisDeed of Trust, (ii) the creation of a urchase 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_ ender, m 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 recepient 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 theindebtedness according to its terms, basedupon 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, atlender'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 themonexistence of a default or any other defense of Borrower to Accelerationandsale. Such notice shall also provide a period of not less than 10 days from the 'date the notice isgiven 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 ordemand on Borrower, invoke any remedies permitted by paragraph 18 (Acceleration; foreclosure; OtherRemedies). Lender shall give notice of such Acceleration, withinthirty (30)days -after notice of any Transfer is given to Lender-by Borrower or Transferee in accordance-with paragraph 16 (Notice). If Lender shall notgivemotice of such Acceleration withinsuch thirty (30)clays, then Lender will havemo further right to such Acceleration. (c) If a Transfer occurs and should Lender not exercise Lender's-option pursuant to this paragraph 24 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 grantexpressly so-provides. This covenant shall run with she Property and remain in full forceand 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 occurrenceof suchTransfer then,subject to (b)above, the mere fact of a lapse of time or the -acceptance of payment subsequent to any_of suchevents, 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 behalfof the lender of a routme statement showing the status of the loan, whether or mot Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. 15.-Borrower's Copy. Borrower acknowledges receipt of a copy-of the Note and this Deed of Trust. a,e<3 of 4 9"1:14A EXECUTED BYBORROWER: ATTEST: (If Corporation) JOHNR. MARKS JOHN J. MARKS SEAL(If Corporation) STATE OF COLORADO ss: COUNTY OF WELD The foregoing instrument was acknowledged-before me this 10TH day of SEPTEMBER, 1993 by JOHN J.MARKS and JOHN R.MARKS . WITNESS my hand and official seal. My commission expires: [SEAL] Notary Public i I d `o gi U 1 N NC I Qa cL H 3 8 y S W c $ v W o -g 2 u 2 o .5 0 F U W v 5 0 O OF a 6 2 a s 0 e § v w qa 6 O E o4 4 -m I Ca O eD u a r UU u a al y O c o2 E v w b N oo E i o 0 f z H U .. 2 a 4 r ' 11148 �' d �� r1 f7 rs f ; 93114'9 Hello