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Home My WebLink About911344.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION N0. 1374 AND APPROVAL OF AMENDED RECORDED EXEMPTION N0. 552 - TROSTEL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October 23, 1991, Thomas and Beverly Trostel presented the Board with a request for Recorded Exemption 111374, at which time the Board deemed it advisable to continue said matter to November 6, 1991, to allow the applicants time to submit an amended recorded exemption, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10) (d) , CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Amended Recorded Exemption No. 552, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, at the meeting of November 6, 1991, the request for Recorded Exemption No. 1374, submitted by Thomas and Beverly Trostel, was withdrawn, and Mr. and Mrs. Trostel presented the Board with a request for Amended Recorded Exemption 11552, which is for property located in part of the NEe of Section 14, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 23.5 acres and 2 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County individual Sewage Disposal System (ISDS) regualtions. 2. An ISDS evaluation by the Weld County Health Department on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 911344 12� 5S mac ' fR RP? Page 2 RE: AMENDED RECORDED EXEMPTION #552 - TROSTEL 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of November, A.D. , 1991. ATTEST: a444(7BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED Gordon E. Lacy, Chairman i / Deputy Clerk to the Board Ge/orga Ken edy, Pro-Tem rXt� APPROVED AS TO FORM: / „�ijj y�� , e.dite i Constance L. Harbert EXCUSED DATE OF SIGNING T County Attorney C. W. Kirby W. H. Webster �- 911344 APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: AppL. FEE ill ra <-I 1"(4. r1 CASE N0. RECORDING FEE ZONING DISTRICT RECEIPT NO. APPL. CHECKED BY DATE TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: TOTAL ACREAGE: O S. 5-- Has this property been divided from or had divided from it any other property since August 30, 1972? Yes )( No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes )1/47 No FEE OWNERS OF PROPERTY: Name:1�IlIQ S Ala le r_ s/F QL./ //eQS9a/ Address: gc-kc wit:46 co infrikby L O'` otencohrhone:-.2"L:/U7a Name: / Phone: Address: Name: Address: Phone: WATER SOURCE: Larger Parcel C FA /I.AL 41:11OSmaller ParcelCFN%elg (.4-9 F`O TYPE OF SEWER: Larger Parcel n Smaller Parcel (5F-p I!�- PROPOSED USE: Larger Parcel RF_S d b(A, Smaller Parcel f{Fcj.h_NTi)4L ACREAGE: Larger Parcel v�3.5 / Smaller Parcel a • � EXISTING DWELLINGS: (Yes or No) YF,.5 (Yes or No) /VD I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) Mr � STATE OF COLORADO ) � �Signar�" Owner or Authorized Agent Subscribed and sworn to before me this ... 4,1 6( day of/ s,--4"A 199 / (SAL) 71-14 n a) Notary Public C5gflt tl! Hatt:NH, d f'clmsd0 ti?, Co; v pc,t"Gt My Commission Expires J11344 ir' t t 0 • + w ,, c rV7. . � O .. J L 6ilj i N N � tPE z �.I °` ti a , F v ° a z 0 1 �LDC 7o sa • n 0 a al a / 3� t' z x w ti'2 jN a Y 3 Z Ub . {r E r+ 3 +- F �F-` erJ 0 mt,0 inao pV o. ` V a�Vt�P{ { �'l Wl/l awn it \i _. o C_ 1 .. s?=I oa`H w u \ ((�} a— —.ee'iBC —/"..0.$4.00,l— --'-I �� n.bV-bu N„1 r..(,oc tr _d ifs .,— �. .7 tSl , r sib _—}__f- � III 11 ��1 J II 3. f `.I 1 � I I �p4 I �t r f 'tl \ . II 0 • P `r• x n o ^K II rU' . II uu0 • 0� �I 3pz a ne dg II ] or �y • I ' e .1' 88 ' I �n 0 Or; n ;1 i M I 1 j • • ..� • .. 1 0 h :;1 v _ W _ 1 G I ° m V .�Oyl, � �._,._._—.,__._._ ,. �4 4. si 3 Qy .f K�; I . N W U n 0' 1 n a 2 J ci , Nin , ₹_ L U a f Y N I r tt�l\ 'Y��J 3 , k II n N S \ „ - Y' r- f7' II II froS51 M•lif(.OOH ir .e •._ _ -- i m 0 \ _— —` 11 Y u u i ;- II a N 1 I n . _^--n---�--.—.—._ i N J Y u —a 3 [1: 1 o.p n m e a m DYj N Gsg 10 - In N WNK SOK V = Q P J N M I- 6% " . 0 0 J N e) -2 z -41•41'ci1 • •0.Y.. . d 3 -o (..X - - 9- TT m /— LOO ' �� t �// . un ,56'rs9 ajo.tz.005 7'i{ i b r )j:" g�� it ''35 °pf Va. CONDITIONS OF APPROVAL Thomas and Beverly Trostel RE-1374 1. A Weld County Septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. An ISDS evaluation by the Weld County Health Department on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within 60 days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 4. Prior to recording the recorded exemption plat, the applicant shall submit an application and shall obtain approval of an amendment to SUP-414, showing the exclusion of the proposed 2 acre parcel, and the exclusion of the 2 acre parcel which is Lot A of Recorded Exemption 552. CYO 1 n q. F. RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION N0. 1374 - TROSTEL 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 has been presented with a request for Recorded Exemption No. 1374 by Thomas and Beverly Trostel for property which is located in part of the NEe of Section 14, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 21 acres and 2 acres, and WHEREAS, the Board deems it advisable to continue said request to November 6, 1991, to allow the applicants time to submit an amended recorded exemption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption No. 1374 by Thomas and Beverly Trostel be, and hereby is, continued to November 6, 1991, at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of October, A.D. , 1991. (/�I '/^!� BOARD OF COUNTY COMMISSIONERS ATTEST: ,0 I ^_�,� i//vi/ WELD CO T CO ORADO Weld County Clerk to the Board G a , Chairman By: /,,. _,ct ///_�i�r 2= ` =c Deputy Clerk to the Ord Geo a Kennedy, Pro-Tem . APPROV D,AS TO FORM: 47.142-e&Ze�c�� /- Constance L. Harber n / � �1/7.�..././l� G! �./e-c County Attorney C. W. Kirby W. . Webster 911280 cal .. 77, 4 1R E13)7 CL " fL . APP, }1ok0 • A DEPARTMENT OF PLANNING SERVICES PHONE(303)3584000,EXT.4400 91510th STREET ' GREELEY,COLORADO 80631 C. COLORADO October 23, 1991 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Co 80631 Subject: Recorded Exemption x/1374 Dear Commissioners: This request for a recorded exemption is submitted by Thomas and Beverly Trostel. The parcel of land is described as Lot B of Recorded Exemption 552, located in the NE4 of Section 14, T2N, R68W of the 6th P.M. , Weld County, Colorado. The property is located west of Weld County Road 11 and approximately 661 feet south of Weld County Road 22. This is the total contiguous land holdings of the applicant. The applicant proposes to use Central Weld County Water District as a water source. Individual septic systems will provide sewage disposal. The Department of Planning Services' staff recommends that this request be denied. Continued divisions of this property will evade the purpose of the Weld County Subdivision Regulations. This application represents the third split of this parcel since August 30 of 1972. The subject parcel was originally a 35 acre tract. In 1972, the 35 acre tract was split into parcels of 10 acres and 25 acres. In 1982, the 25 acre tract was divided into parcels of 23 acres and 2 acres. This request is to further subdivide the 23 acre parcel into parcels of 21 acres and 2 acres. The staff has concerns about the level of development in this area. There are 13 parcels within 1/4 mile of the subject parcel. Residential development in rural areas necessitates an increased demand for road maintenance, police and fire protection, school busing, snow removal, utilities and other urban services. The applicant has failed to demonstrate a need for the recorded exemption. The application materials state that the reason for this request is so the applicants' son can live closer to the dairy operation. There is an adjacent 2 acre parcel, which was split off in 1982, that has an unoccupied dwelling on it. This parcel is still owned by the applicant. It is the opinion of the staff 4141 .1 c:;,1 d 11 60.� I/6.. ., RECOMMENDATION, RE-1374 Page 2 that it is not necessary to split off another parcel when there is already a separate, contiguous parcel available. If more than one dwelling is needed for employee housing, the applicant is eligible to apply for additional housing as accessory to farm use. In 1980, Mr. Trostel obtained a Special Use permit on the 25 acre parcel for a 140 head dairy operation. At that time, there was opposition from two surrounding property owners. There are currently 12 residences within approximately 1/3 mile of the dairy operation. If this application is approved, there will be two residential parcels separated from the original special use area. By creating more residential parcels, which may be under separate ownership, there is the potential for more conflict between residential uses and the uses allowed under the Special Use permit. The staff also has concerns about further separating the Special Review area for the dairy operation. By reducing the size of the Special Review site, the applicant is reducing the ability of the property to support the intense agricultural use which already exists. It is the opinion of the staff that the applicant is trying to intensify the use of his property with uses that are incompatible. The staff requests the Board consider the application and determine if the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations have been met. Respectfully submitted, Brian A. Grubb Current Planner BAG/sfr .A.1)4 `..J`- ESSr1�5 — . t • , :‘,,• u tr., ,. • ' - x a•F fa•.7 ii. ro .e , .o 4J. �: �-:7 k �. • • •� 'q•� n 2$ (VI 1 „ ,�C.. Q� : „ G.• __ _ `x 5c ois.- _ a.. - J .eis .. 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REFERRAL LIST NAME: Thomas and Beverly Trostel CASE NUMBER: RE-1374 REFERRALS SENT: September 26, 1991 REFERRALS TO BE RECEIVED BY: October 10, 1991 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 of Health _Grover _Highway Department 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 _ Brighton F-3 Milliken Eaton F-4 _New Raymer _ _Fort Lupton F-5 Northglenn Galeton F-6 _Nunn Hudson F-7 _Platteville Johnstown F-8 Severance La Salle F-9 Thornton _Mountain View F-10 _Windsor Milliken F-11 _ Nunn F-12 COUNTIES_ _Pawnee F-22 _Adams Platteville F-13 Boulder _ Platte Valley F-14 Larimer _ Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 US Army Corp of Engineers _Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 _Federal Aviation Administration Western Hill F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton _ _Panhandle Eastern Pipe Line Co. _Fort Collins X Tri-Area Planning Commission _Greeley Longmont West Adams COMMISSION/BOARD MEMBER 011 in 14 k of toll AIMDEPARTMENT OF PLANNING SERVICES ' PHONE(303)356-4000.EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO September 26 , 1991 Thomas and Beverly Trostel 9885 Weld County Road 11 Longmont, CO 80501 Subject: Recorded Exemption x/1374 Dear Mr. and Mrs. Trostel: Your recorded exemption application is complete and in order and will be processed on or before October 17, 1991. If it is determined that the application meets the approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations , you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Tri-Area Planning Commission for its review and comments. Please call Jay Curtis, at 833-2075, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Tri-Area Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this matter, please feel free to call me . Respectfully, Brian. Grubb Current Planner ,6 FIELD CHECK FILING NUMBER: RE-1374 DATE OF INSPECTION: October 3, 1991 APPLICANT'S NAME: Thomas and Beverly Trostel REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the E2 NE4 of Section 14, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: West of Weld County Road 11 and approximately 661 feet south of Weld County Road 22. LAND USE: N Residential E Residential and irrigated agricultural production. S Residential and irrigated agricultural production. W Irrigated agricultural production. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The plat is correct as shown. Access for the parcel is from Weld County Road 11. There is no existing access for the proposed 2 acre parcel. Lot A of the previous recorded exemption has a mobile home on it. There are approximately 12 residences within 1/3 mile of the subject parcel. Proposed Lot A slopes to the southwest and is currently in pasture. It appears that there are less than 40 head of dairy cows on the property at this time. � - fa Current Planner a� 7,-;11 41.(it‘t MEMORAnDum Wince To Weld County Planning Dace notnher 11.1, 1491 W./kW , COLORADO From Wes Potter Director F.nvi ronmental Protect i nn Servi res y Subject Case Number: RE-1374 Name: Trostel , Thomas & Beverly Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permit on the existing system. WPfcs-624 o I \ OCT IL 1991 [I Weld County Nanning 01 � ^-tAr nlrS�1'�rf eft 11:' DEPARTMENT OF PLANNING SERVICES c^C1 \r/ PHONE(303)3564000.EXT.4400 915 10th STREET I c tittle OCT u0 4 :991n, - GREELEY,COLORADO 80631 11 COLORADO September 26 , 1991 CASE NUMBER RE-1374 TO WHOM IT MAY CONCERN: Enclosed is an application from Thomas and Beverly Trostel for a Recorded Exemption. The parcel of land is described as part of the E2 NE4 of Section 14, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west of Weld County Road 11 and approximately 661 feet south of Weld County Road 22. 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 10, 1991, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, 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. 1 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: qz g9 f/ (g SiOIt-- Agency:‘_�h c- - (4 0 L �e4,n,i c_ru� L�»Lm a-4<--+,-� �eci - Q� Date: /D// / C/ Oil .4 r-,,11,ah APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of ?tanning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE __ _ CASE N0. RECORDING FEE ZONING DISTRICT - RECEIPT NO.^ DATE -a_ _ �____- APPL. CHECKED BY TO BE COMPLFfED BY APPLICANT:—(Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: See attached legal description of "new lot A" TOTAL ACREAGE:_2 OOp Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes XX No _ FEE OWNERS OF PROPERTY: Name: :mynas_ and Beverly Trnstel — Address: 9885 Weld Co. Rd. 11 Lp3lamont CO Phone: 776-9072 Name: -- Address: ^— —Phone: Name: Address: —�� _ _Phone:! WATER SOURCE: Larger Parcel grant aLlaLei_d_ Smaller Parcel rPid_r_aLk'w.14,TYPE OF SEWER: Larger Parcel Septic., — Smaller Parcel_septj_c,__________ PROPOSED USE: Larger Parcel R2 Smaller Parcel g? ACREAGE: Larger Parcel 21 . 5 Smaller Parcel�2.soiL _ EXISTING DWELLINGS: (Yes or No)_yp (Yes or No) no I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or conta�d within this application are true and correct to the best of my knowledge. COUNTY OF WELD O ) / l b /)l' x!.-._/kWSTATE OF COLORAD ) J �- ��C_ �_ Signattture: Owner orAd[Loe/d Agent-- Subscribed Subscribed and sworn to before me this oC� day of ,��.�.yloc.19 / . (SEAL) otary Public rr .Ein , My Commission Expires - L-.- -------_----- �'`" :"' Weld County Dept. of Planning Services 915 10th St. Room 342 Greely CO 80631 This letter is a request for recorded exemption. Enclosed and completed are the procedural steps listed in the application packet for Recorded Exemption. Step #1 Enclosed is the completed application for Recorded Exemption form. It has been notarized, dated, and signed. Step #2 Also enclosed is a completed certificate of conveyances form on the subject property. This has been prepared by Homestead Title Company. Step #3 Enclosed you will find a copy of the deed which includes a complete and accurate legal description of the subject property. Step #4 Our purpose for the division of the parcel is to build a single family residence on the 2 acre portion of the land that has been given to us by my parents Tom and Bev Trostel. Step #5 The proposed 2 acre site to be divided from the larger parcel is simply for a single family residence and will remain consistent with the policies of the Weld County Comprehensive Plan. Step #6 The proposal for this property is consistent with the intent of the zone district where it is located which is rural residential . Step #7 The use of this acreage is for a single family residence #8 with the surrounding remainder of the two acres to hold #9 a small number of livestock, which is compatible with the surrounding homes and acreages in this area . The proposed use of this land is consistant and compatible with existing and future developments and does not affect the adopted master plan of affected municipalities . Step #10 The existing and future water supply to the present and proposed parcel will be from Central Weld Water District. Enclosed is a letter of intent to supply water to the proposed residence from Central Weld Water District . The sewage for both parcels will be septic systems . Step #11 The proposed parcel complies with section 50 of the overlay district regulations outlined in the Weld Co. Zoning ordinance and is not located in a flood plain, geologic hazard, or Weld Co. Airport overlay district . 011.1 "Z,1g Step #12 We, Howard and Rita Trostel , are requesting a first exemption of 2 . 0 acres from the present legal owners, my parents , Thomas and Beverly Trostel . The request is being made for the following reasons: This proposed property was given to us by my parents to provide residence for our family while we supply assistance in an increasing capacity to the family Holstien Operation which is run on the largest parcel . The demands on our time in the family cattle operation is increasing continually and our residence locating here will allow us more flexibility for our own cow operation. We realize it is Weld County ' s intent to remain agricultural and it is our hope and interest also. Please carefully consider the reasons for our request as you make your decision. Step #13 Enclosed are 6 copies of a map drawn to scale showing the proposed lot divisions as described in the application packet step #13 . Please give this application your careful consideration. Sincerely, ‘14,L In6)-12) Howard and Rita Trostel 17,11 `,1. 4 P � o Q IA Z 2 v -- IL _ o I-I , `, �-- tP z . •11, 0 u>, ,._.z e� 3 0 � � o (� ' V--- Ill dOP, to r 4 1.117 ..3 t— E 2 (6 u v J N $ a J `�" S+ ~ Nrc QC �, Q I-- V ? 4-i�� 0 N1m N W �" �� O N Q LLJ• tr il w I-- •A41 I- 7 Y .1/4,1y a: IP oQ FF _ N 1 i_.c LL• L X3=1 I 1L-Vt / ' II yt Or7o21 J.1Nner, bL .,4.t cr+ IC- _—_ter _ -, _. L£'I�% � a_._— — e.ec - _!^.__E"_—_`c.N� �-- d ___ _ d .be� b5 \ ` --d- 4( r. 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I ih d bt 735 .. .. <r , ,„, b/3ry 1'34Q 'arlr-i c3ro Y'.,r LEGAL DESCRIPTION: LOT "B" , WELD COUNTY RECORDED EXEMPTION N0. 1313-14-1-RE 552 , LOCATED IN THE E} OF THE NE} OF SECTION 14 , TOWNSHIP 2 NORTH , RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE EAST LINE OF SAID NEI WHENCE THE NORTHEAST CORNER THEREOF BEARS NORTH 00 ' 34 ' 17" WEST 661 . 37 FEET • THENCE SOUTH 89' 58 ' 54" WEST 30 . 00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 ' 58 ' 54" WEST 1281 . 04 FEET TO A POINT ON THE WEST LINE OF SAID EI OF THE NE} ; THENCE ALONG SAID WEST LINE SOUTH 00 ' 23 ' 03 " EAST 852 . 95 FEET; THENCE NORTH 89' 55 ' 30" EAST 1283 . 82 TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 11 ; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00' 34 ' 17" WEST 174 . 84 FEET TO THE SOUTHEAST CORNER OF LOT "A" WELD COUNTY RECORDED EXEMPTION NO. 1313-14-1-RE 552 ; THENCE ALONG THE SOUTH, WEST, AND NORTH LINES OF SAID LOT "A" RESPECTFULLY, SOUTH 89' 25 ' 43" WEST 295 . 16 FEET, NORTH 00 ' 34 ' 17" WEST 295 . 16 FEET, NORTH 89 ' 25 ' 43" EAST 295 . 16 FEET TO THE AFORESAID WEST RIGHT-OF-WAY LINE; THENCE NORTH 00 ' 34 ' 17" WEST 381 . 70 FEET TO THE POINT OF BEGINNING, CONTAINING 23 . 092 ACRES MORE OR LESS . LEGAL DESCRIPTION : NEW LOT "A" A TRACT OF LAND LOCATED IN THE E# OF THE NE} OF SECTION 14 , TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P. M . WELD COUNTY, COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE EAST LINE OF SAID NE; WHENCE THE NORTHEAST CORNER THEREOF BEARS NORTH 00' 34 ' 17" WEST 1337 . 95 FEET; THENCE SOUTH 89' 25 ' 43" WEST 30 . 00 FEET TO THE SOUTHEAST CORNER OF LOT "A" WELD COUNTY RECORDED EXEMPTION N0. 1313-14-1-RE 552 AND THE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID LOT "A" EXTENDED SOUTH 89 ' 25 ' 43" WEST 553 . 35 FEET; THENCE SOUTH 00 ' 34 ' 17" EAST 155 . 04 FEET; THENCE NORTH 89 ' 55 ' 30" EAST 553 . 37 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 11 ; THENCE NORTH 00 ' 34 ' 17" WEST 159 . 84 FEET TO THE POINT OF BEGINNING, CONTAINING 2 . 00 ACRES MORE OR LESS . - ,. /At LEGAL DESCRIPTION : NEW LOT "B" A TRACT OF LAND LOCATED IN THE Et OF THE NEt OF SECTION 14 , TOWNSHIP 2 NORTH , RANGE 68 WEST OF THE 6TH P. M. WELD COUNTY, COLORADO; BEGING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE EAST LINE OF SAID NE} WHENCE THE NORTHEAST CORNER THEREOF BEARS NORTH 00' 34 ' 17"WEST 661 . 37 FEET; THENCE SOUTH 89' 58 ' 54" WEST 30 . 00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89' 58 ' 54" WEST 1281 . 04 FEET TO A POINT ON THE WEST LINE OF SAID E₹ OF THE NE} ; THENCE ALONG SAID WEST LINE SOUTH 00 ' 23 ' 03" EAST 852 . 95 FEET ; THENCE NORTH 89' 55 ' 30" EAST 1283 . 82 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 11 ; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00 ' 34 ' 17" WEST 15 . 00 FEET ; THENCE SOUTH 89' 55 ' 30" WEST 553 . 37 FEET; THENCE NORTH 00' 34 ' 17" WEST 155 . 04 FEET; THENCE NORTH 89 ' 25 ' 43" EAST 258 . 19 FEET TO THE SOUTHWEST CORNER OF LOT "A" WELD COUNTY RECORDED EXEMPTION NO. 1313-14-1-RE 552 ; THENCE ALONG THE WEST AND NORTH LINES OF SAID LOT "A" RESPECTFULLY, NORTH 00' 34 ' 17" WEST 295 . 16 FEET, NORTH 89 ' 25 '43" EAST 295 . 16 FEET TO A POINT ON THE AFORESAID WEST RIGHT- OF-WAY LINE; THENCE NORTH 00' 34 ' 17" WEST 381 . 70 FEET TO THE POINT OF BEGINNING CONTAINING 21 . 092 ACRES MORE OR LESS . B 1213 REC u2158945 10/18/88 12 :06 $12 .00 1/004 AR215B945 F 0122 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO tSpace Above This Line For Recording Dotal DEED OF TRUST TfnS DEED OE TRUST ("Security Instrument") is made on _Sept emhpr 91 19 88, among the grantor, _ Thomas G. Trostel and Beverly R. Trostel ("Borrower"), the Public Trustee of Weld _ County ("Trustee"), and the beneficiary, Valley Bank of Frederick , which is organized and existing under the laws of Colorado _, and whose address is 5th & Oak, P. O. Box 395} Frederick, Colorado 805_1_ ("Lender"). Borrower owes Lender the principal sum of One Hundred Twenty Thousand Dollars and NO/100 Dollars (U.S. $120 ,000 .00 - ). This debt is evidenced by Borrower's note , dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on Sniatpmher 2 3 , 1923_— This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications;(b)the payment of all other sums,with interest,advanced under paragraph 7 to protect the security of this Security Instrument;and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in WP d County, Colorado: Lots A and B of Recorded Exemption No . 1313-14-1-RE552 , recorded October 7 , 1982 in Book 979 as Reception No. 1905786 , being described as follows: A tract of land located in the L'1/2 of the NE1/4 of Section 14 , Township 2 North, Range 68 West of the 6th P.M. , said tract being more particularly described as follows : BEGINNING at a point on the East line of the NE1/4 , Section 14 from whence the Northeast corner of said Section 14 bears N00°34 ' 17"W, 661 . 37 feet and with all other bearings contained herein relative thereto; thence S89°58 ' 54 "W, 30 . 00 feet to the TRUE POINT OF BEGINNING; thence S89°58 ' 54"W, 1281 . 04 feet to a point in the West line of the aforementioned E1/2 of the NE1/4; thence 300°23 ' 03"E, 825 . 95 feet along said West line E1/2 of the NE1/4 ; thence N89°55 ' 30"E, 1283 .82 feet to a point on the West right-of-way line of County Road No. 11; thence N00°34 ' 17"W, 851 .70 feet along said West right-of-way line to the TRUE POINT OF BEGINNING. ' which has the address of 9885 Weld County Rd. 11 Longmont [Strew! [city) Colorado 80501 - - ("Properly Address"); I Zip Coded TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral,mil and gas rights and profits, water rights and stuck and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security limb-UMW its lit' "Property." IfURRpW ER COVENAN'T'S that Burrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except lur encumbrances of record. Burrower warrants and will defend generally the title to the Properly against all claims and demands, subject to any encumbrances of record. THIS SECURITY INS'IRUMENTcumbines uniform covenants for notional use and nun-uniform covenants with limited variation, by jurisdiction to constitute a uniform security instrument covering real property. No. 500. Rev. 12.81, TEED OF MUSE Itoloredu.Singlr F'mnil,l FNMA/FM.1n'I INIRIHNI INSI laNIFN'r 01 A: 47.1 4.. IM1mlentl Miblulimp.5825K eib Aar (OW!! i<ob`tyee00 1,1 115 13 1213 REC 02158945 10/18/88 12 : 06 $12 .00 2/004 F 0123 MARY AN FEUERSTEIN CLERK & RECORD WELD CO, CO LINIFOltM COVENANT'S. Borrower and Lender covenant and agree as follows: I. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full,a sum("Funds")equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b)yearly leasehold payments or ground rents on the Property, if any;(c)yearly hazard insurance premiums;and(d)yearly mortgage insurance premiums, if any. These items are called"escrow items."Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency(including Lender if Lender is such an institution). Lender shall apply the funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender mays Borrower interest on the Funds anti applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting ul the Funds showing credits and debits to the Funds and the purpose Mr which each debit to the Funds was made.The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due,the excess shall be,at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due,Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender,any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to late charges due under the Note;second, to prepayment charges due under the Note; third, to alhnllllts payable under paragraph fourth, to interest clue; and last, to principal due. 4. Charges; I.iens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in dial manner, Burrower shall pay them on time directly to the person owed payment. Burrower shall promptly furnish w Lender all notices of amounts to be paid under this paragraph. If Bonower makes these payments directly, Bummer shall promptly furnish to lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security. Instrument unless Borrower: (a)agrees in writing w the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by, or defends against entircemenl of the lieu in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or ti)rfeiture of any pan of the Property;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any pan Of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Burrower shall satisfy the hen or take one or more of the actions set forth above within 10 drys of the giving of notice. S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tern "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and fur the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies ano renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lenderand Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Burrower. If I3onower abandons the Property, or dues not answer within 30 days a notice Imnl Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds lu repair or restore the Properly or to pay sums secured by this Security Instrument, whether or not then due. The 30.day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount ol'the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right w any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Nlaintenance of Properly; Leaseholds. Borrower shall not destroy,damage or substantially change the Property, allow the Properly to deteriorate or commit waste. If this Security Instrument is on a leasehold, Burrower shall comply with the povisions oldie lease,and if Borrower acquires fee tide to the Property,the leasehold and lee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Burrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect 14411'111N rights in the Properly(such us a proceeding in bankruptcy,probate, ter condemnation or to culotte lows or regulations), then Lender may do and pay for whatever it: necessary to protect the value or the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7, lender does not have to do so. Any amounts disbursed by lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Bornhwer and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requealiug payment. CAS .. ^, � kp If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower • shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or atpplicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice al the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Conde alion. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Prolnrty,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Properly, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. 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 alter the date the notice is given,Lender is authorized to collect and apply the proceeds,at its option,either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest.Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of ;my right or remedy. II. Successors and Assigns Bound;Joint and Several Liability;Co-signers. The covenants and agreements of this Security Instrument shall hind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (al is co-signing this Security Instrument only to mortgage, grant and convey that Iorrower's interest in the Property under the terns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend, modily, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so than the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies pemnitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or,by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address staled herein or any other address Lender designates by notice to Borower. Any notice provided fir in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severabilily. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy, Borrower shall be given one confirmed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. !fall or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent, Lender may,at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all suns secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. IN. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued al any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a,judgment enforcing this Security Instrument.Those conditions are that Borrower:(a)pays Lender all SuIUS which then WOUld be dlle wider this Security Insuvnteut and the Note had no acceleration 0OArued;(b)ernes any deluoll of any other covenants or agreements; (c) pays all expenses incnncd in enforcing this Security Instrument, including, but not limited to, reasonable autonteys' fees;and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the suns secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. I lowever,this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. B 1213 REC 02158945 10/18/88 12 : 06 $12 . 00 3/004 tQ ® .,: t., ,A F 0124 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO •` - - NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraphs B and 17 unless applicable law provides otherwise). The notice shall specify: (a)the default; (b) the action required to cure the default;(c)a dale, not less than 30 days from the date the notice is given to Borrower,by which the default must be cured; and(d)that failure to cure the default on or before the dale specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the dale specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19,including,but not lintlied to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to'trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 44.'trustee shall record a copy of the notice in the county in which the Property is located.trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the lime required by applicable law,trustee,without demand on Borrower,sltall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order 'trustee determines. trustee may postpone sale of any parcel of the Properly by public announcement at the time and place of any previously scheduled sale.Lender or its designee may purchase the Properly at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will . be entitled to'Iruslee's deed.The recitals in the trustee's deed shall be prima facie evidence of the truth of the statements made therein.Trustee shall apply the proceeds of the sale in the following order:(a)to all expenses of the sale, including, but not limited to, reasonable'trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument;and(c) excess to the person or persons legally entitled to it. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of 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 including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender Shull request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 22. Waiver of homestead. Borrower waives all right of homestead exemption in the Property. 23. Riders to this Security Instrument. If one or more riders are executed by Burrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)f LI Adjustable Rate Rider (I Condominium Rider Ll 2-4 Family Rider ❑ Graduated Payment Rider ❑ Planned Unit Development Rider ❑ °thefts) [specilA t BY SIGNING BELOW, Borrower accepts and agr.. to the terms and covenants contained in this Security Instrument and in any riders) executed by Borrower and recorded Wit it. i L2.4-'/-7 � (Seal) �/�'!'� T s G. TYOSe21 —Borrower �) ' '' , /. i , //i ,��l r'r' ' Bever - . Trosi.e1. —(Sad —Borrower 'Space Below Thi line For Acknowledgment] B 1213 REC 02158945 10/18/88 12 : 06 $12 ,00 4/004 F 0125 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO //f `� COUNTY OF La L Ss. Thi reeding instru mt s ackno ledged�efioe eve t i' _r ��L n ay of_ �'!-r7-)- %lief�9 ,� by4�D/7.lat) ,\--�aW/ez.,,a- ..FL. c�is�X�.�.,da _,. Witness my han and official seal. My commission expires: j_hj-_ WO , h., ,,,o; r . ; .Soa . i. 5.'::e- COL, . r O111 ^ Sa r .� + CENTRAL WELD COUNTY WATER DISTRICT September 24, 1991 Thomas G. & Beverly R. Trostel 3315 West 13th Street Greeley, CO 80631 Account Number: 111610 RE : Water Service Dear Mr. & Mrs. Thomas Trostel This letter is in response to your request for the availability of additional water service for the following described property : SEE ATTACHED LEGAL DESCRIPTION Water service is presently available to the above described property by tap number 1161 Additional water service can be made available to this property provided all requirements of the District are satisfied . Central Weld County Water District requires that contracts be consumated within one ( 1 ) year from the date of this letter , or this letter shall become null and void unless extended in writing by the District . Very truly yours , CENTRAL WELD COUNTY WATER DISTRICT - 6,67.,t-- �� ------ "Ohn W . Zade General Man er JWZ/ca 01 -1' 471 2235 2nd Avenue • Greeley, Colorado 80631 • (303) 352-1284 • John Zadel, General Manager LEGAL DESCRIPTION : LOT "B" , WELD COUNTY RECORDED EXEMPTION NO. 1313-14-1-RE 552 , LOCATED IN THE E_ OF THE NE= OF SECTION 14 , TOWNSHIP 2 NORTH , RANGE 68 WEST OF THE 6TH P . M. , WELD COUNTY , COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE EAST LINE OF SAID NE; WHENCE THE NORTHEAST CORNER THEREOF BEARS NORTH 00' 34 ' 17" WEST 661 . 37 FEET ; THENCE SOUTH 89' 58 ' 54" WEST 30 . 00 FEET TO THE POINT OF BEGINNING ; THENCE SOUTH 89' 58 ' 54" WEST 1281 . 04 FEET TO A POINT ON THE WEST LINE OF SAID El OF THE NE=; THENCE ALONG SAID WEST LINE SOUTH 00' 23 ' 03" EAST 852 . 95 FEET; THENCE NORTH 89' 55 ' 30" EAST 1283 . 82 TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 11 ; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00' 34 ' 17" WEST 174 . 84 FEET TO THE SOUTHEAST CORNER OF LOT "A" WELD COUNTY RECORDED EXEMPTION NO. 1313-14-1-RE 552 ; THENCE ALONG THE SOUTH, WEST, AND NORTH LINES OF SAID LOT "A" RESPECTFULLY, SOUTH 89'25 '43" WEST 295 . 16 FEET, NORTH 00' 34 ' 17" WEST 295 . 16 FEET, NORTH 89' 25' 43" EAST 295 . 16 FEET TO THE AFORESAID WEST RIGHT-OF-WAY LINE; THENCE NORTH 00' 34' 17" WEST 381 . 70 FEET TO THE POINT OF BEGINNING, CONTAINING 23 . 092 ACRES MORE OR LESS . WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) The HGNES_T_E_A_D TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972. LOT "B" , WELD court RECORDED EXEMPTION NO. 1313-14- I -RE 552, LOCATED IN THE E1 OF THE NE1 OF SECTION 14 , TOwNSH1P 2 NORTH, RANGE, LEGAL DESCRIPTION: 68 WEST OF TIIE 6TH P.N. , WELD COUNTY, COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF SAID NE1 :,'HENCE THE NORTHEAST CORNER THEREOF HEARS NORTH 00" 74 ' 17" WEST GG1 . 37 FEET; THENCE SOUTH 89'58'54" WEST 10.00 1 FEET T n FEET TO THE POINT OF or I R EGN WESTN TIIENCE SOUTH 8958 ' 54" T LINE OF SAID E1 OF THE NE1 ; THENCE ALONG SAID WEST LINE SOUTH 00' 23'01" EAST 852 . 95 FEET; THENCE NORTH 89' 55 ' 30" EAST 1281 .82 10 A POINT ON TIIE WES1 RIGHT-OF-WAY LINE OF COUNTY WFS 1, P4 D No. ;F TO CE ALONG SAID RIGHT-OF-WAY LINE. NORTH 00' 34 ' 17" WEST 174 THE SOUTHEAST CORNER OF LOT "A" WELD COUNTY RECORDED ECENFTION NO. 1313-14-1-RE 552 ; TIIENCE ALONG 191E SOUIII, WEST, AND NORTH LINES OF SAID LOT "A" RESPECTFULLY, SOUTH 89 25 '43" wES1' 295 . 16 FEFT, NORTH 00'34 ' 17" WEST 295. 16 FEET, NORTH 89'25 ' 43" EAST 295. 16 FEFI 10 THE AFORESAID WEST RIGHT-OF-WAY LINE; THENCE NORTH 00. 34 ' 17" WEST 381 . 70 FEET TO THE POINT OF BEGINNING, CONTAINING 23 .092 ACRES MORE OR LESS. CONVEYANCES (if none appear, so state) : Reception No. _ _ , Book _-1-,=)1.---------_-- ----- Reception No. 16207Tli —, Book _. _o.___ _ Reception No. __ — , Book _`_____-., Reception No. —`--- ---__-- , Book — — -----_---_— Reception No. —_` , Book Reception No. —, Book _ Reception No. __ _. Book Reception No. _ , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title , nor a guarantee Title, and the liability of 7iit' ,5_: _4 ___TIE ____ COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, H=TEAD TILE _ COMPPANY has caused this certificate to be signed by its proper officer this -- day of A.D. , 191 . at - - o'clock. ---- 'erdh<i'_ —� COMPANY / 7, „ I AUTHORIZED SIGNATURE Hello