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HomeMy WebLinkAbout900950.tiff AR.,223062O • • p/�// D r RESOLUTION RE: RELEASE OF COLLATERAL REGARDING PARKLAND ESTATES SUBDIVISION 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 of County Commissioners o£ Weld County, c v Colorado; Parkland Estates, Inc. ; and the Parkland Homeowners o Association, Inc. , executed various agreements and other documents �c pertaining to the Parkland Estates Subdivision on October 17, U 1984 , including the following: a w a. Addendum to Subdivision Agreement, by and between o 0 3 the Board of County Commissioners and Parkland o a Estates, Inc. , recorded at Book 1049 , Reception No. .4Q 01988863 , in the office of the Weld County Clerk oa and Recorder; v d a b. Instrument of Assumption, executed by the Parkland n Homeowners Association, Inc. ; no oa c. Security and Escrow Agreement, by and between the w Board of County Commissioners and the Parkland m U Homeowners Association, Inc. , recorded at Book 0) Z 1049 , Reception No. 01988864 , in the office of the H H Weld County Clerk and Recorder. o off a WHEREAS , the Board of County Commissioners has accepted w certain streets, avenues, and cul-de-sacs in the Parkland N• IA Subdivision for full maintenance, by Resolution of even date of" herewith, and by Resolution dated December 14 , 1988 , and • z N WHEREAS , pursuant to Section 4 of said Security and Escrow o y Agreement, upon final acceptance by Weld County of all the streets w a required to be paved under the Subdivision Agreement, as amended a by the Addendum dated October 17 , 1984 , Weld County is to release o, co security granted for the performance of Parkland under the ✓ a, Subdivision Agreement, including any funds remaining in escrow and `' N any unsold lots owned by Parkland within the Subdivision and which w w remain in the Deed of Trust, and WHEREAS, all of the streets required to be paved under the Subdivision Agreement, as amended by the Addendum dated October 17, 1984 , have been paved as of this date and have been accepted for full maintenance. 900950 v5u-bd Via) r c : Pa.,,�A.�c; CA Page 2 RE: RELEASE COLLATERAL - PARKLAND ESTATES NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Deed of Trust dated October 17 , 1984 , and recorded in Book 1049 , Reception No. 01988865 , in the office of the Weld County Clerk and Recorder, is hereby released, and the Chairman of the Board is authorized to sign a Release to be provided to the Public Trustee, and the Board also hereby releases any right, title, or interest it may have to the funds currently held in the escrow account managed by the HTC Escrow Company with funds located at the United Bank of Denver, Account No. 840 476 , which funds shall be paid to the Parkland Homeowners Association, Inc. , pursuant to the said Security and N o Escrow Agreement dated October 17 , 1984 . o V O The above and foregoing Resolution was, on motion duly made `' v and seconded, adopted by the following vote on the 17th day of q October, A.D. , 1990 . a c 3 BOARD OF COUNTY COMMISSIONERS o w ATTEST: Ai /efrtetv, WELD UNTY, COLO DO o Weld Count+,, tae Board rn ` - _ � , ene R. Brantner, Chairman z 677 /U-c5zi,, N qputy Clerk to the Board - 2 Geo ge Kennedy, Pro-Te g APPROVED S TO FORM: W Data) ons ance L. arbert z ounty Attorney ✓� i rl H �,�ct H W C. W. K= by o H d N W Gorr E a¢y vo W / o m N 'L N Q, O W a C � r M N N 0.l W 900950 '&P2230987 B 1280 Pali 02230987 10/24/90 13 : 2 50.00 1/003 L- F 0784 es Y ANN FEUERSTEIN CLERK & ORDER WELD CO, CO I, REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE October 22, 1990 Date I Parkland Homeowners Association, Inc. Grantor(Borrower) County of Weld, State of Colorado Original Beneficiary (Lender) October 17, 1984 Date of Deed of Trust November 16, 1984 Recording Date of Deed of Trust Weld County, Colorado County of Recording Rec. No. 01988865 Reception and/or Film Nos.of Recorded Deed of Trust Reception No. Film No. Book 1049 Book and Page of Deed of Trust Book No. Page No, TO THE PUBLIC TRUSTEE OF WELD ounty(The Public Trustee to which the above Deed of Trust conveys the said property.) Please execyt s r as� indebted s*has been i'u y pai and/ r the terms an conditions of t e trust have been fully satf "___�tea� (1,, Count-.a ^L te •, .c Colorado b and throu:h the Board of Count N' r• `w l 1 Current Owner and Holder of the Evidence of Debt Secured by Deed of Trust(Lender) �I°�.� '1/IIN COmm1H:S1• ..- - y ;is: . ,nt i m and Tide of Age eer of Current•�" r nd Holder ATTEST: "�7� / Signature � • �B 4ym B \rn ` i � W lot ,,DeputyClerk Gene R. Brantner, Chtitman.., old o Y: ) CO D O yj I� uv .a •. ' ••. y" State of my of e r- • 11...>_n• J. cD i ?) .' The foregoing request for release was acknowledged before me on . 4O a -a Dc_-o her 2 2. 1490 (date)by' ,'( 7"'I() •Il i Ilene R . Pwrrintner•, ehdlrman on Witness My Hanetynd Seal behalf- of tint Cowry of Weld Stai/c�,�o�f��� �2.4;r„ 1 1,' • orndt� d`i.�throvla-he ooniol- asun#y %5 Stoner-S 6P ul'eld� � �"'s..�•-� " 9-)-43 Date Commission Expires 4fs /0 Si . Notary Public errepf.•,/ , Cp Etn(a3/ RELEASE OF DEED OF TRUST KNOW ALL MEN,that the above referenced Grantor(s),by Deed of Trust,conveyed certain real property described in said Deed of Trust,to the Public Trustee of the County referenced above,in the State of Colorado to be held in trust to secure the payment of the indebtedness referred to therein. NOW THEREFORE,at the written request of the legal holder of the said indebtedness,and in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, 1,as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real property,and unto the heirs,successors and assigns of such owner or owners forever,all the right,title and interest which 1 have under and by virtue of the aforesaid Deed of Trust in the real estate described therein,to have and to hold the same,with all the privileges and appurtenances thereunto belonging forever;and further I do hereby fully and absolutely release,cancel and forever discharge said Deed of Tru 0 C T 2. 4 1990 l(^\i Cam(-��/^/ `"U ' Pu tc Trustee by State of Colorado,County of WELD Dpptiiy pphlte Tfii5tee •a„,v ;....... •... ,r t I1p The foregoing instrument was acknowledged before me on r ,.., ,• 01180 - 2 llfflp (dale)by Witness My Hand and' el-r I, q� F as the Public Trustee of /l,,(�n/ �{Q • ���� 'I WELD County,Colorado. 0-44--/r d+-? N . �' Nose Public JUNE 6, 1Q92._ Date Commission Expires tt/ZO • ,V 9th Street, Greeter, CO 80631 - I , ,<, j *If applicable,insert title of agent or officer and name of current owner and holder. j�I Original Note and Deed of Trust Returned to: , Received by No.904.Rev.8-90. ift TOL LST FOR)(RELEASE)OF DEED OF TRUST® Bradford Publishing.'743 Wane St.,Denver,C9€096-1 ,2500-8.90 l� �C t..I WHEN RECORDED RETURN TO: AR198&865 AR20791. • • ,Y t 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 Forty-Two Thousand Five Hundred Fourteen Dollars ($242,514 . 00) , C„ O said performance due to the County of Weld, State of Colorado, co o c.) the beneficiary herein whose address is 915 Tenth Street, � Greeley, Colorado 80632, does hereby grant and convey unto said " o Public Trustee the following described property, v g pro ert situate in the o County of Weld, State of Colorado, to wit: a O 3 Lots 1, 12, 13, 18, 20 , 21, 22 and 23 , Block 1;_ ��j (� Lots 2 and 3 , Block 2; '� �,a...,➢...F///1 w o Lot 6, Block 3; and a Lots 3, 5 and 7 , Block 4, 41990 PARKLAND ESTATES, U ocr 2 w a Subdivision of Weld County. in a ~ ANN TO HAVE AND TO HOLD the same together with ICD-coo� % H x appurtenances, in trust nevertheless, that in case oAad £r n • w the performance of said Assumption of Subdivision Agreement, then m � upon the Beneficiary' s compliance with the notice provisions t � contained in that certain Security and Escrow Agreement between c VD wthe parties bearing even date herewith and upon the Beneficiary . ,-I H filing notice of election and demand for sale, said Public .-am Trustee, after advertising notice of said sale weekly, for not C w less than four weeks, in some newspaper of general circulation in Ln to w said county, shall sell said property in the manner provided by m w law in effect at the time of filing said notice and demand, at o z public auction for cash, at any proper place designated in the o.o. z notice of sale. Out of the proceeds of said sale said Trustee o shall retain or pay first all fees, charges and costs and all w >4 monies advanced for taxes, insurance and assessments, or on any a prior encumbrance, with interest thereon, and pay the amount necessary to complete performance of the Assumption of � H Subdivision Agreement, rendering the overplus (if any) unto the o m Grantor; and after the expiration of the time of redemption, said Trustee shall execute and deliver to the purchaser a deed to the a w property sold. The Beneficiary may purchase said property or any/ 43 part thereof at such sale. Should the Beneficiary hereunder be o made a party to any action affecting this Deed of Trust or the o v ' g o title to said property, the Grantor agrees that all court costs "7 c and a reasonable attorney' s fee paid by the Beneficiary shall i 10 t become additional indebtedness due hereunder; and the Grantor ° 5 ,�Uso does hereby release and waive all claims in said property as a� w ; } EDP u homestead exemption or other exemption now or hereafter provide u' 2 1 b by law. z L ° Whenever used herein, the singular number shall include the', ,15 �I- plural, the plural the singular, and the use of any gender shall 6 0 : 0 w be applicable to all genders. All of the covenants herein shall' ) Q D be binding upon the respective heirsrepresentatives, v ] - 5 �, c g P p , personal ° successors and assigns of the parties hereto. o m 7 4 cShould any provision of this Deed of Trust be found to c violate the statutes or court decisions of the State of Colorado ,' -` i °' 1 or of the United States, such provision shall be deemed to be o —°° amended to comply with and conform to such statutes and ° � ,n decisions. o ki Executed the day and year first above written. i �j� � . c 6 ° i PARKLAND HOMEOWNERS ' ASSOCIATION, INC. Vt By: f� L 5� - V ; t President i ; ce •,- „ 7 iN -9. B 1137 REC 02079110 12/03/86 10: 04 $0. 00 1/002 V 8 ° F 0747 MARY ANN FETE RSTEIN CLERK & RECORDER WELD CO, CO ce c c 4 • • s STATE OF COLORADO ) / ) ss. COUNTY OF c2,4C� ) The fore oing instrument was acknowledged before mg� this day of yp( c,�c Cit ti� , 1984, by ��.0 7/f d C� , t•„of Parkland Homeowners' Association, Inc. w, 6,};) fees my hand and official �seal. "�rtir ,. 'oomMission expires: c.3.//,' o •:O1RY 'ir :. r• 8 p(/8OC1 �� Not P lic N O i', r o U JRrAd,l r". \ . N Q U 0 w B 1137 REC 02079110 12/03/86 10: 04 $0. 00 2/002 3 F 0748 MARY ANN FELE RSTEIN CLERK & RECORDER WELD CO, CO 0 oa aB 1280 REC 02230987 10/24/90 13: 27 X0.00 3/003 p F 0786 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO U W Ma � x a w •Ir a coU lD H H H H \ w E H (I) a w lOo COW CO 44 CO � z o z ri4 0 r Ua W a rn � •cti i 0 CO H � W G. -2- 9( • �� Hello