HomeMy WebLinkAbout900739.tiff <I 11 ?/qa
RESOLUTION
RE: APPROVE AFFIDAVIT FOR DISCREPANCY 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, the Board has been presented with an Affidavit for
Discrepancy regarding a Deed of Trust and Evidence of Indebtedness
for Parkland Homeowners ' Association, Inc. , and
WHEREAS, after study and review, the Board deems it advisable
to approve said Affidavit for Discrepancy, 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 Affidavit for
Deicrepancy for Parkland Homeowners ' Association, Inc. , be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Affidavit of Discrepancy.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 13th day of
August, A.D. , 1990.
/� � BOARD OF COUNTY COMMISSIONERS
ATTEST: , Y,I /A WEL NTY, COLORADO
Weld County Clerk to the Board
ene R. Bran er, Chairman �y
1 �T
_.s_--
gy; ,e e Kennedy, ro- , ieem
D uty Clerk to e�Board
APPROVED AS TO FORM: / Constance
L. Harbert
7'/� c 27
/ 9
C.W. Kir y
County Attorney
Gordon E. Lacy
900739
AR2223234
AFFIDAVIT FOR DISCREPANCY
RE: DEED OF TRUST: PARKLAND HOMEOWNERS' ASSOCIATION, INC. , GRANTOR
COUNTY OF WELD, STATE OF COLORADO, BENEFICIARY
Date of Deed of Trust: October 17 , 1984
Amount of Deed of Trust: $242 ,514. 00
Recording Date of Deed of Trust: November 16 , 1984
Book/Rec. No. of Deed of Trust: Book 1049 , Reception No. 01988865
Date of Evidence of Indebtedness: October 17, 1984
Amount of Evidence of Indebtedness: $242 ,514.00
The County of Weld, State of Colorado, by and through the
�
cii Board of County Commissioners of the County of Weld, beneficiary
c and legal holder of the indebtedness , by and through Gene R.
�o Brantner, Chairman, being first duly sworn upon oath, deposes that
✓ the Parkland Homeowners' Association, Inc. , executed the
a• above-referenced Deed of Trust and Evidence of Indebtedness
0 3 secured thereby. The Evidence of Indebtedness consists of the
following: Assumption of Subdivision Agreement, recorded on
o co December 3 , 1986 , in Book 1137 , Reception No. 02079112, and
n aSecurity and Escrow Agreement, recorded on November 16, 1984, in
O Book 1049 , Reception No. 01988864 , in the Office of the Weld
O County Clerk and Recorder. Copies of both documents are attached
.-+ hereto. A copy of said Deed of Trust is also attached. The
.. 0 amount of indebtedness, $242 ,514 . 00, was stated in said Security
d• ' and Escrow Agreement, but was inadvertently omitted from said
Assumption of Subdivision Agreement. Therefore, any discrepancy
o a as to the amounts stated in the Deed of Trust and omitted from the
01 v Evidence of Indebtedness secured thereby was due to inadvertence
.+' z and error. The legal holder of the indebtedness and beneficiary
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of the Deed of Trust, the County of Weld, State of Colorado,
o cn shall, to the extent authorized by law, keep harmless and
w• indemnify forever the Public Trustee of Weld County, and her
✓ 0 successors, of, from, and against any action or actions at law,
N w suit, or suits in equity of, or concerning, said Evidence of
n Indebtedness or any part thereof.
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o DATED at.rGreeley Colorado, this 13th day of August, 1990.
W a +,1 COUNTY OF WELD, STATE OF COLO-
x ATTEST: ' RADO, by and through the Board
n co _;;..M t i of County Commissioners of the
cw w Weld Couftty ClerR x e Board County Weld
co w \�/�0-7,412.4 u 4 n/ , 4/4/14:4-1-.0—) By:)( it
Ipeputy 'elerk to the Board "Gene R. Bran ner, Chairman
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Page 1 of 2 Pages `
• •'
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN to before me this /3-4y`' day of August,
1990 , Gene R. Brantner, Chairman of the Weld County Board of
County Commissioners.
WITNESS my hand and official seal.
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� . Y•. `_ N ary Public 9/5 tea.-A-z .cat
0 MK\aommission expires: q-/ .43 ) I �Q Rotas/
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CPage 2 of 2 Pages Y
AR2079112 • ID
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, 1984 , by and between THE PARKLAND HOMEOWNERS
ASSOCIATION, INC. , a Colorado corporation (hereinafter called
c
"Parkland") , PARKLAND ESTATES, INC. , a Colorado corporation,
PAPKLAND ASSOCIATES, INC . , a Colorado corporation, and COUNTY OF
WELD, STATE OF COLORADO, by and through its Commissioners
(hereinafter called the "County") .
RECITALS '
n'n � � 1 . On September 19 , 1977, the County and Parkland Estates,
o n Inc. , a Colorado corporation, entered into a Subdivision
0- a Agreement providing for, among other things, the construction of
, t._ certain paved roads within the Parkland Estates Subdivision, Weld
g . � County, Colorado.
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2 . Following the execution of the original Subdivision
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' Agreement, Parkland Estates , Inc . , from time to time, has
requested, and the County has granted, extensions of time within
o which to complete the construction of said paved roads. The last
at o of said extensions expired July 1, 1982, and the construction of
said roads is not yet complete. rJ
o � r, 0
3 3 . The parties, by execution of this Assumption of < <�
0
a - Subdivision Agreement, desire to substitute Parkland for Parklan ' : o
E' X Estates, Inc. and Parkland Associates, Inc. for all purposes in �` ti
(0-) 0 2 connection with the Subdivision Agreement as amended by that 't Li
O• a o certain Addendum dated October 17, 1984. pc.
2  o "
v
n" g. NOW,NOW, THEREFORE, in consideration for the County' s approval w o ,
o 7 9 of the October 17 , 1984 Addendum to the Subdivision Agreement, 114 -2
O and Parkland' s assumption of all obligations under said amended' v
n.
• Subdivision Agreement, the parties agree as follows : I a c
0 0
-' AGREEMENT
R
— 1. Parkland assumes all the duties and obligations , and is
T c�;' ° hereby vested with all the rights and privileges , of Parkland '�1
2 Estates , Inc. and Parkland Associates , Inc. in that certain
_\110 Subdivision Agreement dated September 19 , 1977 , by and between :j o
a 1-7` x Parkland Estates, Inc. and Weld County, Colorado, as said `\
c O L, c agreement is amended by the Addendum dated October 17, 1984 . /c • c i � �
�: 2 . The County hereby consents to the assumption of the
" t:ir iduties and obligations , the vesting of the rights and privileges Lt o
- "' ' and substitution for both Parkland Associates , Inc. and Parklan wt `
1 r ' 1 v
,� JI B 1137 REC 02079112 12/03/86 10: 16 50. 00 1/003 c c 1
F 0750 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 6
B 1272 REC 02223234 08/14/90 14: 11 40.00 3/014 f
F 1410 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ,�g
• (I.
Estates , Inc. by Parkland under the Subdivision Agreement as
amended.
3 . Parkland Estates, 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
4� ti WELD COUNTY, COLORADO
ATTEST: • " a, �,
agy: F—r ti�
�U WELD COULIcry CLERK & RECORDER Chairman
O CIyERK O T� BOAR
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,, , .e ,➢eP1� y °l9 my ' erk
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o a PARKLAND ESTATE , INC.
A-W ,LAN /�
0 B : "�/ �d%"N Lam/• /` /-� '•'v /
Y
U President/
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r4 PARKLAND ASSOCIATES, INC.
o 14 By: 79.1:-,-2-4247,77-11f-{ t
O. v President
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o uu)) PARKLAND HOMEOWNERS ASSOCIATION,
a INC.
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B y: /"A_c __N—a`�� �\
N z President
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U b 1137 REC 02079112 12/03/86 10: 16 $0. 00 2/003
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F 0751 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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STATE OF COLORADO )
) ss.
COUNTY OF /fit/ )
The for going was subscribed and sworn to before me in the
ntpe'b,# / x984 , by ate ,gf C add, this day o,
• P kApziehtNs�f Parkland Estates, Inc. G(
o--PO- . ' M .
-74 P•inu\�'iLL$eps my hand and official seal.
:; ,f o :
mipcbmmission expires : JAsi it
;. . /Isz-rtAGA-tc.c;li
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Not ry P lic
' 0 STATE OF COLORADO )
u ) ss .
A COUNTY OF �1t l�c/ )
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iw The for going was subscribed and sworn to before me in the
Q C u ty of cCX/ , State f Colors , t is s eA day of
o �r � , 1984 , by / ,
w President•.of Parkland Associates, Inc. '
) w '
k :
• w 1�V4pn4k my hand and official seal.
i w -• .d--o-o- : *_ .
' a
� U U J�M�cp Qur'ission expires: c.14/���
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cc STATE OF COLORADO )
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) ss.
w COUNTY OF Z�� 'L/ )
) z The for going was subscribed and sworn to before me in the
>' ��o ty of . l�n�c c c� , State of Colorad is f,; day of
, iLic u�Lic 1984 , by %��%Gri/�,t t�� 7/f t�� i
3 oPresident Sjf, Parkland Homeowners Association, Inc .
\ �ta Rr ': N s:
' " = : \'‘,...4diatnAl my hand and official seal.
\C.' ' o
'II; k m, AU 1Y c lmission expires : 3�//�
1 w ''r. o or No ry blic
JTAlla
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B 1272 REC 02223234 08/14/90 14: 11 X0. 00 5/014
F 1412 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
AR1986664 • (•
SECURITY AND ESCROW AGREEMENT
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o V
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a THIS SECURITY AND ESCROW AGREEMENT is made and entered into
o
o S ' this 17th day of October, 1984, by and between THE PARKLAND
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z HOMEOWNERS ASSOCIATION, INC . , a Colorado corporation (hereinafter
a
w called "Parkland") , and COUNTY OF WELD, STATE OF COLORADO, by and
N r4
through its Commissioners (hereinafter called the "County") .
~ a RECITALS .
W �
CO u 1 . Contemporaneously herewith, the County and Parkland
10 z
�
H have entered into that certain Assumption of Subdivision
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wAgreement whereby Parkland has agreed to assume and perform the
v)▪ w obligations of Parkland Estates , Inc. , a Colorado corporation,
co
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under that certain Subdivision Agreement dated September 19 ,
r+ �
N 1977 , amended by Addendum recorded October 11, 1978 in Book 847
C.) PG
z as Reception No. 1769379 ; Addendum recorded March 5 , 1979 in Book
rnco
o 0 861 as Reception No. 1783448; Amendment to Deed of Trust recorded
H ti
we February 25 , 1980 in Book 896 as Reception No. 1817852; Amendment
to Deed of Trust recorded May 6, 1982 in Book 967 as Reception
No. 1890825; and Escrow Agreement recorded July 11, 1983 in Book
1001 as Reception No. 1933092 (hereinafter, the "Subdivision
Agreement") , providing for, among other things , the construction
of certain paved roads within the Parkland Estates Subdivision,
Weld County, Colorado.
2 . Pursuant to paragraph 7 of the September 19 , 1977,
Subdivision Agreement, As Amended, the County has the right, from
time to time, to request a security interest in collateral to
B 1272 REC 02223234 08/14/90 14: 11 “0. 00 6/014
F 1413 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
• r•
O secure the performance of the obligations under the Subdivision
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Agreement.
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3 . As a condition to approval of that certain Addendum to
0
a
0 3 the Subdivision Agreement dated October 17, 1984 , and as a
o
,o, W condition to approval of the Assumption of Subdivision Agreement,
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vthe County has required that certain security hereinafter set
w
ro a forth be received by it to insure completion of of the work to be
.. w
° performed under the Subdivision Agreement.
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a
a WHEREFORE, in consideration of the mutual covenants
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1/40Z hereinafter set forth the parties agree as follows:
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H 1 . Parkland is the owner in fee of the real estate
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d a described in that Deed of Trust for the County' s benefit attached
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2 hereto as Exhibit "A" and by reference made a part hereof.
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Contemporaneously with the execution of this Agreement, Parkland
w shall execute and deliver to the County said First Deed of Trust
a
rn m in the amount of TWO HUNDRED FORTY-TWO THOUSAND FIVE HUNDRED
<r o
o co
'-' r' FOURTEEN AND NO/100ths DOLLARS ($242, 514 . 00) to be held by the
co P.,
County as security for Parkland' s performance of the remainder of
the work to be performed under the Subdivision Agreement As
amended. Parkland agrees that the "net sale proceeds" received
from the sale of each lot described in Exhibit "A" will be placed
in an interest-bearing account to be titled the Parkland Estates
Escrow Account . Said Escrow Account shall be opened as soon as
practicable after execution of this Agreement and shall require
the signature of the Chairman of the Board of County
Commissioners and the President of Parkland to accomplish
withdrawals . Any minimum deposit to open said Escrow Account
B 1272 REC 02223234 08/14/90 14: 11 50.00 7/014
F 1414 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
-2-
• (1.
shall be furnished by Parkland. The purpose of the Deed of Trust
o
and Escrow Account will be to assure the County that Parkland
�
DU
will complete the work required by the Subdivision Agreement as
no
amended by Addendum dated October 17, 1984. For purposes of this
Q
Security and Escrow Agreement, "net sale proceeds" shall mean all
cash paid to Parkland from the sale of each lot shown on Exhibit
• w
A
o "A" attached hereto less all ordinary expenses of sale and real
V
NJ a estate commissions . Excluded from "net sale proceeds" shall be
.• w
a any amounts necessary to satisfy any indebtedness incurred by
� x
a
,. a Parkland to Frontier Materials, Inc. under that certain agreement
b c..)
o z dated August 27, 1954 , by and between Parkland and Frontier
H H
H F Materials, Inc. , any taxes attributable to the lot, and Left Hand ift-
a _
W i Water Dc
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p At such time as there is furnished to the County a written
o z
y certification from licensed consulting engineers showing that
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Pc Parkland has completed a phase of the asphalt paving as required
n o by the Subdivision Agreement as amended, the County shall accept
✓ �
D CO
H the completed phase for partial maintenance as set forth in
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Section 5 . 3 of the Subdivision Agreement. Upon the acceptance of
a completed paving phase for partial maintenance , the County may
release to Parkland a portion of the aforesaid Escrow Account
according to the recommendations of the Weld County Department of
Engineer Services. Upon the acceptance of the street for full
maintenance as set forth in Section 5. 4 of the Subdivision
Agreement, the County shall release to Parkland all funds in the
Escrow Account, and the Deed of Trust attached as Exhibit A.
B 1272 REC 02223234 08/14/90 14: 11 X0.00 8/014
F 1415 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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• (0
Provided, that if Parkland shall fail to complete the
asphalt paving of each phase as required by the October 17, 1984
Addendum to the Subdivision Agreement, then the County may, at
r o
o its option, but shall be under no obligation to do so, complete
0
‘1. 0
such phase of paving using the whole or any portion of funds in
as the Escrow Account for that purpose; and, the County shall also
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o, 3
a be entitled, (without being under any obligation to do so) to
o
� w
a foreclose on the aforesaid First Deed of Trust and use the
0
a proceeds derived from said foreclosure to complete such work.
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Any work completed by the County shall be done in accordance
a
� a
w with plans and specifications heretofore previously approved by
via
co
the County Engineering Department.
1/40 z
•1/4, If it becomes necessary for the County to complete any of
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w the work contemplated hereunder, the County shall, prior to
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c w embarking upon completion of such work, give to Parkland, c/o
co z
m Mark Williams, 4732 Sylvia Lane, Erie, Colorado 80516 , written
✓-44
0
C.) a notice by Certified Mail, Return Receipt Requested, at least
w �
a thirty (30) days in advance of the date on which the County
rn �
'Cr H
CD m intends to commence completion of such work. During the thirty
w4" (30) day period, if Parkland either commences completion of the
work or establishes with the County a reasonable schedule for the
completion of such work., (reasonable meaning satisfactory to the
County ' s engineer) the County shall permit Parkland to complete
such work and no demand will be made by the County on the Escrow
Account, nor shall any foreclosure as allowed aforesaid be
commenced.
B 1272 REC 02223234 08/14/90 14: 11 X0. 00 9/014
F 1416 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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• (•
Any excess proceeds, after use for paving by the County of
the proceeds in the Escrow Account and those proceeds derived
from foreclosure, shall be returned to Parkland.
✓ 0 2 . As additional security for the performance of Phase II
o U
0
of the work required to be performed under the October 17, 1984
• o
U
ca Addendum to the Subdivision Agreement, Parkland also
a
O 3 simultaneously herewith delivers to the County an Irrevocable
tn- Letter of Credit from the United Bank of Denver, National
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a
0 Association, in the principal amount of NINETY THOUSAND DOLLARS
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W
N a
($90 , OOO . OG) . Said Letter of Credit is attached hereto as
.. w
x Exhibit "B" . If Parkland shall fail to complete the asphalt
a
w
n paving of Rue De Trust on or before November 1 , 1986 , then the
.-4• H County may, at its further option, but shall be under no
� w
obligation to do so, complete such asphalt paving of Rue De Trust
a
w
� w by drawing on the Letter of Credit to the extent necessary to
cog
co z complete the paving after first having exhausted all available
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o funds in the Escrow Account, and without the necessity of
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w F£5 resorting to foreclosure against the properties described in the
a
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attached Exhibit "A" for that purpose. If it becomes necessary
o m
� for the County to draw upon the Letter of Credit to complete any
w
of the work contemplated hereunder, the County shall, prior to
drawing upon, such Letter of Credit, give to Parkland, c/o Mark
Williams, 4732 Sylvia Lane, Erie, Colorado 80516 , written notice
by Certified Mail, Return Receipt requested, at least ten (10)
days in advance of the date on which the County intends to draw
upon the Letter of Credit. During the ten-day period, after
notice is received, if Parkland posts a cash bond with the County
B 1272 REC 02223234 08/14/90 14: 11 X0.00 10/014
F 1417 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
-5-
•
in an amount equivalent to the reasonably anticipated draw on the
Letter of Credit as estimated by the County Engineer, then the
County shall refrain from exercising its rights under the Letter
, o of Credit and shall resort instead to the cash bond under the
> U
io same terms and conditions as the Letter of Credit.
U
O 3 . The County hereby agrees to subordinate the interest
a
≥ granted to it by the Deed of Trust attached hereto as Exhibit "A"
i rz
rw to the interest or interests, on a phase by phase basis, given by
a
a
Parkland to Frontier Materials, Inc. pursuant to the Agreement
w
as dated August 27, 1984 , by and between Parkland and Frontier
• ,z
� x Materials , Inc. To accomplish the subordination of its
a
w
ou interests, the County agrees to execute a Subordination
D Agreement, for each phase, in the form attached hereto as
, w
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, CO Exhibit "C"
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; W 4 . Upon final acceptance by the County of all the streets
o Ci,
oz required to be paved under the Subdivision Agreement as amended
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by the Addendum dated October 17 , 1984 , the County agrees to
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release the security granted hereunder for the performance of
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Parkland under the Subdivision Agreement, including any funds
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remaining in Escrow and its Deed of Trust on all remaining unsold
Q44
lots owned by Parkland within the Subdivision.
5 . This Security and Escrow Agreement is intended to
replace and supersede all previous escrows, Deeds of Trusts , and
other security agreements between the County and Parkland
Associates, Inc. and/or Parkland Estates , Inc. To fulfill this
intention, the County agrees to execute the attached Releases of
Deed of Trust identified as Exhibits "D" and "E" , as well as the
B 1272 REC 02223234 08/14/90 14: 11 X0. 00 11/014
F 1418 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
-6-
•
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savings withdrawal slip for the Escrow Account formerly
established at the United Bank of Broomfield, account no. 803062,
attached as Exhibit "F" , and any other additional documents
r O reasonably required in the future to release all security
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0
✓ 0
interests previously granted to the County as security for the
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o performance of the Subdivision Agreement.
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O 3 IN WITNESS WHEREOF, the parties have hereunto set their
ta- hands and seals on the date hereinabove first written.
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a BOARD OF COUNTY COMMISSIONERS
" A WELD COUNTY, COLORADO
w ATTEST.:Y11- 0 71,9 G
w v /,/!_ ' \ l•, !f - Chairman
H
BOAR
4fED d E)2K & RECORDER
•••I• F \GPI cn x BY-1
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A• W
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D Z
• a PARKLAND HOMEOWNERS
c ASSOCIATION, INC. I
z By: /'�A.,-, ,L � .
" v r, President •
a
DCO
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A W
STATE OF COLORADO )
ss .
COUNTY OF )
\ . , t.er`tor going was subscribed and sworn to before me in the
u Yjgi . , State Y olorado, this /��clay of ,
, 1984, b � �J— -see,
__i ••
it f PARKLAND HOMEOWNERS ASSOCIATION, INC .
puBVings my hand and official eal.
-• *� My iobmmission expires: .54/ 6
o ite or 'co
(!V
�'etary Public
JTAJB2
B 1272 REC 02223234 08/14/90 14: 11 X0.00 12/014
F 1419 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
AR1966 65 AR20791100 •
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DEED 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 m
Forty-Two Thousand Five Hundred Fourteen Dollars ($242, 514 . 00) , i-, t
c p said performance due to the County of Weld, State of Colorado, a i
O u i the beneficiary herein whose address is 915 Tenth Street, of
� Greeley, Colorado 80632, does hereby grant and convey unto said .
u Public Trustee the following described property, situate in the i
o County of Weld, State of Colorado, to wit: ie
a y' r
o Lots 1, 12, 13, 18, 20, 21, 22 and 23 , Block 1; zn
o a Lots 2 and 3 , Block 2; t
C4 Lot 6, Block 3; and � c
vf
w Lots 3 , 5 and 7 , Block 4, m
o PARKLAND ESTATES, Pc
aa Subdivision of Weld County. �0
Mri
•• t4 TO HAVE AND TO HOLD the same together with all z c
�
x appurtenances, in trust nevertheless, that in case of default in r v
w the performance of said Assumption of Subdivision Agreement, then m
a upon the Beneficiary' s compliance with the notice provisions W
� contained in that certain Security and Escrow Agreement between e, t
`,._,° H the parties bearing even date herewith and upon the Beneficiary I-
i-
-, w filing notice of election and demand for sale, said Public
rip
-i-iu) Trustee, after advertising notice of said sale weekly, for not o
x less than four weeks, in some newspaper of general circulation in 6
w
kn w said county, shall sell said property in the manner provided by z o
mw law in effect at the time of filing said notice and demand, at .
00 z I public auction for cash, at any proper place designated in the g o
m z notice of sale. Out of the proceeds of said sale said Trustee e
o shall retain or pay first a x4 , ll fees, charges and costs and all
monies advanced for taxes, insurance and assessments , or on any o w
aprior encumbrance, with interest thereon, and pay the amount • c
necessary to complete performance of the Assumption of o �
°"" Subdivision Agreement, rendering the overplus (if any) unto the
CPr-I
O CO Grantor; and after the expiration of the time of redemption, said
ri ~ Trustee shall execute and deliver to the purchaser a deed to the
w w property sold. The Beneficiary may purchase said property or any
5' o part thereof at such sale. Should the Beneficiary hereunder be y
made a party to any action affecting this Deed of Trust or the
v0 ) title to said property, the Grantor agrees that all court costs n, c
and a reasonable attorney' s fee paid by the Beneficiary shall i •°N
°
U 1, become additional indebtedness due hereunder; and the Grantor � -
D aD does hereby release and waive all claims in said property as a T 6
" u homestead exemption or other exemption now or hereafter provide 8 0e
w -0 by law.
rP6 Whenever used herein, the singular number shall include the „ -03
plural, the plural the singular, and the use of any gender shall'I � o�
x ° be applicable to all genders. All of the covenants herein shall, �, �
be binding upon the respective heirs, personal representatives, , ce ` €
o o si
't `l 0 successors and assigns of the parties hereto.
2 " 5 Should any provision of this Deed of Trust be found to i -
„ violate the statutes or court decisions of the State of Colorado,y
Ni „ 0 or of the United States, such provision shall be deemed to be '
h 6 o amended to comply with and conform to such statutes and �i
.
Z decisions .
✓ a c Executed the day and year first above written.
, '
d �'u PARKLAND HOMEOWNERS ' ASSOCIATION, INC. I
i,
0 3 By:
President .1
.- ,, C T
CL w� O 6
o ;) - o B 1137 REC 02079110 12/03/86 10: 04 $0. 00 1/002 -` `
t �
F 0747 MARY ANN FETE RSTEIN CLERK & RECORDER WELD CO, CO
0 _� --t; f;
o.
•
STATE OF COLORADO )
) ss.
�,COUNTY OF k )
The fore oing instrument was acknowledged before ITA this
'. day of � c cr , 1984 , by %iY before,
""bt•,,of Parkland Homeowners ' Association, Inc.
feS6 my hand and offici 1 peal.
s.s k. ,�tyflOomiEission expires: c�/a//,'
3 0 01fC/� ., '
. ::Ailr Y
-o-o-o
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•1 p(/B1.\G a Not P lic
N y c
CD
U ntAr1 r •
N
U
a B 1137 REC 02079110 12/03/86 10: 04 $0. 00 2/002
o g F 0748 MARY ANN FETE RSTEIN CLERK & RECORDER WELD CO, CO
� w B 1272 REC 02223234 08/14/90 14: 11 x0. 00 14/014
A F 1421 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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