HomeMy WebLinkAbout930115.tiff AR23b7&LU
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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 SHOULD BE CONSULTED BEFORE SIGNING.
PROMISSORY NOTE
U.s.$117 , 914 . 98 Greeley ,Colorado
December 28 ,19 92 II'
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FOR VALUE RECEIVED,the undersigned(Borrower)promise(s)to pay the County of Weld,
)
I State of Colorado, by and through the Board of County Commissioners i- co
j of Weld County, t" O1
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ororder,(NoteHolder)theprincipalsumof One Hundred Seventeen Thousand Nine Hundred
Fourteen and 98/100 n
U.S.Dollars,with interest on the unpaid principal balance from January 1 19 93,until paid,at P:1
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the rate of eight (8) percent per annum.Principal and interest shall be payable at 915 Tenth 'I III O
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Street, Greeley, Colorado ,or such other place as the Note II z w
Holder may designate,in sixty paymentsof Two Thousand Three Hundred I'. z H
Seventy-Five and 06/100 Dollars 'T1 m
2 , 375 . 06 due on the 15th day of each month H, m ~'
(U.S.$ ), Y co
beginning January 15 , 19 93. Such payments shall continue until the entire indebtedness III ititi
evidenced by this Note is fully paid; provided,however, if not sooner paid, the entire principal amount outstanding 65 c
and accrued interest thereon,shall be due and payable on January 1 ,19 98, II C
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Borrower shall pay to the Note Holder a late charge of fifteen (15 k of any payment not received by the N
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30 m
Note Holder within days after the payment is due.
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Payments received for application to this Note shall be applied first to the payment of late charges,if any,second
to the payment of accrued interest at the increased rate specified below, if any, third, to accrued interest first t ter+
c.:,
specified above,and the balance applied in reduction of the principal amount hereof.
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If any payment required by this Note is not paid when due,the entire principal amount outstanding and accrued C'"
interest thereon shall at once become due and payable at the option of the Note Holder(Acceleration).To exercise this C
option, the Note Holder shall give Borrower notice of Acceleration specifying the amount of the nonpayment. The !� 2
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Borrower shall have thirty days after the notice of Acceleration has been given to reinstate the terms of this Note,as
they were immediately before such notice, by paying the amount of nonpayment specified in the notice of Accelera- n o0
tion. The privilege of reinstatement shall not, however, be available to the Borrower more than once during any III 0 N.)
deeriod. Unless so reinstated the in
debtedness month period. ' btedness shall bear interest at the increased rate of
15
' percent per annum from the date notice of Acceleration is given. The Note Holder shall be entitled to collect all 1
reasonable costs and expense of collection and/or suit,including,but not limited to reasonable attorneys'fees.
Borrower may prepay the principal amount outstanding under this Note,in whole or in part,at any time without
penalty except
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Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due
date of any subsequent payments or change the amount of such payments.
413 init TD70-2-BI. PROMISSORY NOTE 9 30 1 1 5
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O`'-/o I I q', Bradford Publishing,1243 Wazee St..Denver,CO 80202—1303)292-2500—2-92
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Presentment, notice of dishonor, and protest are hereby waived by Borrower and all other makers, sureties,
guarantors and endorsers hereof. This Note shall be the joint and several obligation of Borrower and all other
makers,sureties,guarantors and endorsers,and their successors and assigns.
Any notice to Borrower provided for in this Note shall be in writing and shall be given and be effective upon (1)
delivery to Borrower or(2)mailing such notice by certified mail,return receipt requested,addressed to Borrower at
the Borrower's address stated below, or to such other address as Borrower may designate by notice to the Note
Holder.Any notice to the Note Holder shall be in writing and shall be given and be effective upon(1)delivery to Note
Holder or (2) by mailing such notice by certified mail, return receipt requested, to the Note Holder at the address
stated in the first paragraph of this Note, or to such other address as Note Holder may designate by notice to
Borrower.
The indebtedness evidenced by this Note is secured by a Deed of Trust dated December 28 ,19 92 ,and
until released said Deed of Trust contains additional rights of the Note Holder.Such rights may cause Acceleration of
the indebtedness evidenced by this Note.Reference is made to said Deed of Trust for such additional terms.Said Deed
of Trust grants rights to the following described property located in the Town of Evans County of
Weld ,State of Colorado:
Blocks 7 , 8, and 107 in the Town of Evans , County of Weld, State
of Colorado , and all the streets and alleys that lie within the
exterior lines of all said Blocks, and that portion of 8th Street
bordering said Blocks on the South, as vacated by Ordinance #101 ,
recorded in Book 1353 , Page 73 , Weld County Records; and that
portion of Latham Street, adjoining said Blocks on the West, as
vacated by Ordinance #370-78 , recorded in Book 823 , Reception
#1744570, Weld County Records , all in the Town of Evans , Weld County, CO.
Property address: 3815 St. Vrain Street
Evans ,Colorado
(CAUTION:SIGN ORIGINAL NOTE ONLY/RETAIN COPY)
IF BORROWER IS NATURAL PERSON(S):
doing business as
IF BORROWER IS CORPORATION:
ATTEST: Centennial Development Services, Inc.
/�, " //r Name of Ger ration
',-ti'C,�f1.t.r 1/4-"/�t�. �.. ,-4:l by �,�--32 9 -
ti /Secretary President
(SEAL)
IF BORROWER IS PARTNERSHIP:
Name of Partnership
by
General Partner
Borrower's address: 3819 St. Vrain Street
Evans , Colorado 80620
KEEP THIS NOTE IN A SAFE PLACE.THE ORIGINAL OF THIS NOTE MUST BE EXHIBITED TO THE PUBLIC
TRUSTEE IN ORDER TO RELEASE A DEED OF TRUST SECURING THIS NOTE.
B 1366 REC 02317810 01/11/93 15 : 25 $0 .00 2/002
F 1657 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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ARP-317511o'clock——M., --
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DEED OF TRUST
THIS DEED OF TRUST Dated December 28, 1992 , between
Centennial Development Services, Inc.
the grantor herein, whose address is 3819 St. Vrain Street,
Evans, CO 80620 of the
*County of Weld and State of Colorado, and
the PUBLIC TRUSTEE of the County or City and County in which the property described
below is situated, in the State of Colorado,
Witness:
• The grantor,to secure a promissory note or notes, hereinafter referred to in the singular, dated
for the total principal sum of $117 , 914 . 98
dollars,
payabletotheorderof County of Weld, State of Colorado, by and through the
the beneficiary herein, whose address is Board of County Commissioners of Weld Jounty
915 Tenth Street, Greeley, CO 80631 , after the dam thereof, I
with interest thereon from the date thereof at the rate of eight (8) percent per annum, principal and interest payable
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in 60 payments of $2, 375. 06 , due on the 15th day of each month, i
beginning January 15, 1993,
does hereby grant and convey unto said Public Trustee the following described property, situate in the County
of Weld , State of Colorado, to wit:
Blocks 7, 8 , and 107 in the Town of Evans , County of Weld,
State of Colorado, and all the streets and alleys that lie within
the exterior lines of all said Blocks, and that portion of 8th
Street bordering said Blocks on the South, as vacated by Ordinance
#101 , recorded in Book 1353 , Page 73 , Weld County Records; and that
portion of Latham Street, adjoining said Blocks on the West, as
vacated by Ordinance #370-78 , recorded in Book 823 , Reception
#1744570, Weld County Records, all in the Town of Evans, Weld
County, Colorado.
B 1366 REC 02317811 01/11/93 15 :26 $0 . 00 1/002
F 1658 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
also known by street and number as 3819 St. Vrain Street, Evans , Colorado
TO HAVE AND it)IUR 1)the santetogether wnh all appurtenances.uin trust nevertheless.that in case of default in the payment 1 said note or any pan thereof or interest
thereon or in the perlthmance of any covenants hereinafter s t forth,IlltrIllIpon the beneficiary I note holder)filing notice f election and demand for sale,said Public Trustee,
after advertising n li. I said sale weekly,for t l sthan linir weeks.in some newspaper tfgeneral circulation in said county.shall sell said properly in the manner provided
by l w in elk et atth one of filing said notice and I nand,at public auction wet ion for h at arty proper place lasignatel in the notice of sale.Out of the proceeds of said sale said
Trustee shall retain or pay first all fees,charges and costs and all moneys advanced liar taxes.insurance and assessments.or on any prior encumbrance,with interest thereon,and
pay the principal and interest due on said note rendering the(werplus lit any)u I the grantor.and liter the expiration of he ti the of redemption.said Trustee shall execute and
deliver to the purchaser a deed to the property sold.The beneficiary may purchase said property sir any part thereof at such sale.
The grantor covenants that at the time of delivery of these presents.he is seized of said property in fee simple.and that said property is free of encumbrances,except
those of record filed in the Office of the Weld County Clerk and
Recorder prior to December 28, 1992 .
The grantor al. o covenants that he will keep all buildings insured with a company.approved by the beneficiary for tire xtend d coverage in an amount equal to the unpaid
balance of said note with loss payable to the beneficiary.will deliver a copy of the policy to the beneliciary.and will I p all taxes and assessments against.said property and
amounts due on prior encu brave :_If grantor shall fail to pay insurance premiums.taxes or amounts due of prior encumbrance,the beneficiary may pay the same and all
amounts shall become additional indebtedness due hereunder'and in case of Grceclusu re.he will pay an at iorney s fee of
reasonable compensation.
Should the beneficiary hereunder be made party to any action affecting this deed 1 trust sird title to aid property.the gtthc grantor agrees that all court costs and a reasonable
attorneys lee paid by the beneficiary shall become Wditiun d indebtedness due hereunder'and the g ra"or does hereby release and waive all claims in said property as a
homestead exemption or other x t pti ro now tar hereafter provided by law
It is agreed that in CZISC of default in payment of saidprincipal rrr a or abreachtf any of the covenants herein.then said principal sum hereby secured and interest thereon
may at the option of the beneficiary hecome due and payable at once.anything in said note to the nt ary notwithstanding and posseSSiOll of said property will thereupon he
delivered to the beneficiary,and on failure to deliver such possession the benehuary shall he entitled to a receiver I'or said property.who may be appointed by any court of
competent.tur'idiction.
Whenever used herein the singular number:hall inclutle the plural.the plural the singular anti the use f any g nJ r shall he applicable to all genders_All of the covenants
herein shall he binding upon the respective heirs.personal representatives.successors and assigns of the parties hereto.
Executed the day and year first above written.
Centennial n),-. a Development Services , Inc.
By: -7 {1
i'. ..it .t..,_C.%
• Dale F . Peterson , President
STATE OF COLORADO
County of Weld }ss.
The foregoing instrument was acknowledged before me this 28th day of December , 19 92
hY . Dale F . Peterson , President, Centennial Development
Services , Inc .
My commission expires .. . . Witness my band and ()I racial seal
I�' - �• u. , Ile ) .a /' I
It in Denver,.inset I-C.iv and."
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