Loading...
HomeMy WebLinkAbout630116.tiffRecorded at 7 y AUGi2 -1963 Raceskm x,1414UEi6 xl441.6me nark w Recorder. Chit Iuamturc> Angus t in the year of our Lord one thousand nine hundred sod sixty-three between POW. REESE MOTORS, INC., . a corporation duly organised and exist)ng under and b; ' l'ure of the laws of the State of t atio . when address is Greeley in the County of Weld and Sate of Colorado , party of the first pert, and the Public Trustee of the County of Weld r the Sate of Colorado. party of the second pan, Wkneasth: TEAT, WHEREAS, The said party of the first part bits executed its promissorynote Made Ada . lit • thy el am 1651 mr463 RECORDER'S STAMP , bearig even date herewith, for the principal sass if ONE IIUHDRW THIRTY THOUSAND AND 110/100— Dollars payable to the order of O�ft �tR)BBEE�RQQT A. REESE in, 1nstalldents as hereinafter set for. ue after the date thereof. with InteresVeNaasw ibex� tladap �er.� Lorain il of • r(61j t per anaam, pa btu inOnthl Said principal and interest shall Qt?e and preyyrag e inst is of $9331.40 on the lit day of each month beginning September 1,1963,appid gi otBgym{gly4n4Lrl�}lant:a to prineipal,with final payment of y "'7�t11�aSS a said c de,,�wo;; of seeming the payment of said promissory note , in who- :. aoever hands said note or any of them may be, ', NOW, THEREFORE, The said party of the first part, in consideration of the premises, and for the purpose aforesaid. hat granted, bargained, sold and conveyed, and hereby does grant, bargain, sell and convey unto the said party of the second part. in trust forever, the following described property, situate in the County of Weld San of Colorado, to-wlt:l.The West 136.5 feet f the Noetb a feet of the East 273 feet of Lot Ten(10),Nont View Park,as originally plat ed, ex- cept t e North 25 feet thereof,in the City of Greeley; 2. The South 62.5 feet of the North 187.5 eet of'the West 136.5 feet of the East 273 feet of Lot Ten(10),Mont View Park in the City o 'Greeley;' 3. The South 62.5 feet of the North 250 feet of the West 136.5 feet of the East 2 3 feet of Lot Ten (10), Mont View Park in the City of Greeley. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances, there - t .:*to belonging: In Taut Nevertheless, That in case of default in the paymentof said note , or any of them, or any part thereof, or in the payment of the interest thereon, according to the tenor and effect of said note , or any of them or in payment of any prior incumbrance, principal or interest, if any, or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants here- in contained and elect to advertise said property for sale and demand such sale, then upon filing notice of such elee- don and demand for sale with the said party of the second part, who shall upon receipt of such Notice of Election and Demand for Sale, came a copy of the same to be recorded in the Recorder's office of the county in which said real estate is situate, it shall and may be lawful for said party of the second part to sell and dispose of the same (en masse or in separate parcels, as said Public Trustee may think best), and all the right, title and interest of the said party of the first part, its successors or assigns, therein at public auction at the East - front door of the Court House in the County of Weld and State of Colorado, or on said premises or any part thereof, as may be specified in the notice of such sale, for the high- est and best price the same will bring in cash, four weeks' public notate having been previously given of the time and place of such sale by advertisement weekly in some newspaper of general circulation at that time published in said County of Weld , a copy of which notice shall be mailed within ten days from the date of the first publication thereof to said party of the first part at the address herein given and to such person or persons appearing t. have acquired a subsequent record interest in said real estate at the address given in the recorded instrument; where only the county and state is given as the address, then such notice shall be mailed to the county seat, and to make and give to the purchaser or purchasers of such property at such sale a certificate or certificates in writing describing such property purchased, and the sum or sums paid therefor, and the time when the purchaser or purchasers jor other person entitled thereto), shall be entitled to a deed or deeds there- for, unless the same shall be redeemed as is provided by law, and said Public Trmtee shall, upon demand by the per- son or persons holding the said certificate or certificates of purchase, when said demand it made, or upon demand by the person entitled to a deed to and for the property purchased, at the time such demand is made, the time for redemp- tion having expired, make and execute to such person or persons a deed or deeds to the property purchased, which said decd or deeds shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee, as grantor, and shall convey and quit -claim to such person or persons entitled to such deed. as grantee, the said psw.a,y' purchased as aforesaid, and all the right, title, interest, benefit and equity of redemption of the party of the first part, its successors and assigns therein, and shall recite the sum or sums for which the said property was sold, and shall refer to the power of sale herein contained, and to the sale or sales made by virtue thereof: and in case of an assignment of such certificate or certificates of purchase or in ease of the redemption of such prop- erty by a subsequent incumbrancer, such assignment or redemption shall also be referred to in such deed or deeds: but the notice of sale need not be set out in such deed or deeds; and the said Public Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of snaking said sale, pay to the bene- ficiary hereunder or the legal holder of said note the principal and interest due on said note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at 10 per cent per annum, rendering the overpina, if any, unto the said party of the first part. Its successors, legal representatives or assigns: which sale or rake and said deed or CO deeds ro made shall be a perpetual bar, both in law and equity, against the said party of the first part, Its successors and assigns. and all other persons claiming the property aforesaid, or any lit thereof; by, from, through or under said party of the first part. The holder or holden of said note or notes may purchase said property or any part thereof; and it shall not be obligatory upon the purchaser or purchasers at any such ale to see to the application of the purchase money. it a release deed be required, the party of the first part. ha successors or assigns, hereby agrees to pay all the expense thereof. DUD or TR0gy.-T, ?Wage Tnslsa-.Cespeeatlaa—aaedvda CMa•-Atn'ssp's pea Trtbser, Greek', Ostend, 3011. iP G`7 N i i sood651 mG464 `° `` ' e ~evert ad wrest to oat with And the said party of the the part, Iles Judi, Itr ineoleaanni M�1� the said party of the ,teesme par. that at the elect sof thead he paid meth Mead delivery eat amt emote ft is well mired of the .mid Maus and prssakes In lea ethyl% It power sat hold s f'Yorit sad drag . MT* sell sod corny the some is tent tee lime as a:wewM: Wad that die mkt property of all liens dad iscumbelaees whatever `r ° and the above be galaed property la the 4M and Narat>•M ,aawadmt d the odd party of the seated par. hie successors and assigns, against all and emery perms or permits Irefully eldemet or to dlefm the whole r spa pert thereof. the said party of the fist part shalt and will Warrant std Pweal Dead. And that said party ed the first port will in dee erases all toners sad aaseameste feria etc sold property and ail amounts doe, or to become doe, a seeooat of *etuctp+i mad Meerut es prior incemb^oces' if ea mad will keep all buildirets that may as any Jim* be me said (rids. aerie( Ae coutleusace d Pad Indebtedness Mend against loss by fire in such company or teetotaler as the holder of add mote may, from time to time, direct, foe edit sun or sums at melt company or oompeaka will Insure fee. not le rented the amount of said Indebted' nems. except at the optks of said party of the first pert. with lose. H say, payable to the tootlkishy sernneer at his interest may appear. and will dallier the po$cy Or policies of insurance to the beneficiary bereeader as further enmity for the indebted.*** aforesaid. And In car of the refusal or angled of said party of the first pert. to than inert and deflect the polirks of Insurance, or to pay such taxes or asessaeuts or amounts dee, or te become due. on any prior la e,bnace. if any. des the holder of said sate Of any of them may proeame sorb insannee, or pay sorb taxes or assessments re amounts dee epos tech prior incambraneea. If any, sad all moneys thus paid. with interest thereon al 10 per rat per mum, shall become re meat addltlowal indebted- ness, seemed by this deed of tree. and shall be paid oat of the proceeds of the sale of the prayerty alorerid H sot otheewi•e paid by said party of the first part. and stay for reds failure declare a riolaticu Meth covenant and agreement THAT IN CASK OP ANT DlilfAtfl.T. Whereby the right of foreclosure otters hereunder. the said Party of the second part or the holder of said note or certificate of sale. shall at once become entitled to the pone*. Sion. Ott and enjoyment d the property abetted, ate to the rents. issues sod profits thereof. from the accruing of such right and during the pendency of foreclosure Kra'dlegt and the period of redemption. H lay there be: and such pome+.fon shall at twee be delivered to the sold peril second pert. or the holder of said area cc certificate of purchase, on request. and on rdesd, the de of tech possession may he taloned by the aid party of the second part or the holder or holden of said ee certificate of percher*. by aa7 appropriate civl suit or proceeding. and the said party of the emcee or the bolder or holders of said sole or certifi- este of purchase. or any thereof. shall be emit ee to \ for said property, and of the rests• kites and profns thereof. after any such default, iadudk( the tote by foreclosure proceedings as/ the period of redemption, if any there be and shall be entitled thereto es a smatterd right without regent to the soiree? or Ind- eenry of the -arty of the first part or of the thee owner of raid without regard to the value of the props arty, and set. Receiver may be appointed by any court of Competent Ma upon ex parte application. and with- out notice —notice being hereby expressly wai.ed-and all rents, issues and tests. income and revenue of said property rhafl be applied to the payment of the indebtedness hereby neared. according to law and the orders and direction of the court. AND, That in case of default hi any of said permeate of ortodpaf or Merest. according to the tear and effect of said promissory note aloreold, or any of them. pe any pert thereof. or of a breach or violation of any of the covenants or ag.v.•,,.ats herein. by the party of the first pect its saeeerson, or assigns, thee and is that ase the whole of mid principal ram hereby seemed. and the interest thereon to the time of sale. may at ones at the option of the legal holder thereof, become dee and payable. and the said property be sold in the manner and with the same effect as if the said indebtedness had matured, and that if foreclosure be made by the Public Trustee. an attorney's fee of the -se -el- a reasonable ataa .deflen for terrines le de repervisice of raid foredo.are proceedings. shall be allowed by the Public Teaetee n a pot of the cent of foreclosure, and a foreclosure be made through the roots. a reasonable attorney's fee shaft he allowed by the court n e pert of the cost of foreclosure. and in either trent shall be and become a part of the ben hereby secured. - .,.IH, WITNESS WHIRBOP. The said party of the first pot has tamed its Corporate lame to be hereunto ••,2.t by Its Presfdche, and its Corporate Seal to be hereunto affixed. attested by its S:..sta.y •.••p Cat year first above written 0;10 , n.aan �O BGWd5C' J_4 ?4 E4�5 WARRANTY DEED - CORPORATION IUD; ,1 ) 'a . N0EXEL Pte• Fri a 51 4,40 convey to BOB REESE MOTORS. INC. , a corporation duly organized and existing under and by virtue of the laws of the State of CB,OHIO, for and in consideration of other valuables considerations and, Ten Dollars in hand paid, does hereby sell and WELD COUNTY, COLORADO, a Municipal Corporation, of -th -CemAt *-eg and-544to-a-CkaAr4i4a, the follot.ri ng real property situate in the: County of geld and State of Colorado, to -wit: t"''" 1``„''e } i4.(,,„ S/'/ 7/ Parcel 1: The West 136.5 feet of the North 125 feet of the East 273 feet of tt1 Lot Ten (10), Mont View Park, as originally platted, except the North 25 feet thereof, in the City of Greeley; Parcel 2: The South 62.5 feet of the North 1573 feet of the West 136.5 ,i/t1, of the East 273 feet of Lot Ten (10), Mont View Park in the of Greeley; and ,Parcel 3: cI.. 'The South 62.5 feet of the North 250 feet of the West 136.5 of the East 273 of Lot Ten (10), Mont View Park in the City Greeley. NO REVENUE REQUIRED; CONSIDERATION LESS THAN $100.00 feet /1)4),;, City: a A. ffs,, ,, ((f42/,y feet of with all its appurtenances, and warrants the title to the same, subject to any conditions, reservations, exceptions and restrictions of record; also, subject to 1963 taxes, due and payable in 1964. and to first Deed of Trust to the Public Trustee of Weld County, Colorado for the use of 'Robert A.;' 'Reese, Greeley, Colorado, dated August 1, 1963 in the original principal amount of $130,000.00, recorded in Book /4,5-V PagelLW; Weld County Records IN WITNLSS WIEREOF said corporation has caused its corporate name to be su,haariW by its President, and/ its corporate se 1 to be hereunto ; r,a ,, ,8 ` by its Secretary this // day of A. D. �= ) :,-- yyr %,21? •r""� •.Vr•7✓ ' STATE OF COLORADO COUNTY OF WELD `'•fbrrgoi 64 ,r;and and Sec tary BOB REESE MOTORS, iplc, hereunto affixed, 19-11. Name cv Robert A. Rosso President instrument was acknowledged before me this / day of A. D. 19 63, by Robert A, Reese as Hutlgrt p., -W44,140, 0, Jr. - - as Secretary of a corporation. $i my nand:and official, seal. aiM1.s-Sion Expires: //e//4 1 7S2,„ntd Notary Public 630116 O OO .14 z - Corporation I REESE MOTORS, INC. O a a e 8 In F4 07 O 44 ,t; i q rl w,.asU W xcrao O��MM I IO cj �o a. l(0O.WMm s3g3a", 8 44 oTCCC O >,A wtt4a� 4 O4 citi U O v Co Hy"! F4 O00 0/ o s4 rd cd 04 yr 0 a) w THE GREELEY NATIONAL BANK GREELEY, COLORADO August 28, 1963 Board of Trustees Weld County General Hospital Greeley, Colorado Gentlemen: Please be advised that Robert A. Reese, by his own action, has assigned to us all his right, title and interest in and to that note dated August 1, 1963, in the principal amount of $130, 000.00, payable monthly in instalments of $931.40 with final payment being made on August 1, 1983. All payments made thereon should be forwarded to us as and when due. You will also note that Mr. Reese has indicated his affirmation of these facts and has signed hereon. All checks should be payable to us. Very truly yours, ,110fffild Dale R. Hinman President DRH:ms cc: Weld County Commissioners County Court House Greeley, Colorado rcxa SAMUEL S. TELEP ATTORNEY AND COUNSELOR AT LAW FIRST NATIONAL BANK BUILDING OREELEY,COLORADO TELEPHONE EL 2-5132 rugust 16, 1963 board of Trustees for the Weld County Public Hospital Greeley, Colorado and, hoard of County Commissioners Weld County Courthouse Greeley, Colorado Gentlemen: The following is a supplemental opinion of title covering the title to the following property (3 separate parcels, all contiguous from North to .youth and, for convenience and numbered 1, 2 and 3 respectively) located in Colorado, to -wit: of examination described real and running clarity, Weld County, Parcel #1 - The West 136.5 feet of the North 125 feet of the ,ast 273 feet of Lot 10, Mont View Park, as originally platted except the North 25 feet thereof in the City of Greeley, Weld County, Colorado. Parcel #2 - The South 62.5 feet of the North 187.5 feet of the West 136.5 feet of the East 273 feet of Lot 10, Mont View Park in the City of Greeley, Weld County, Colorado. Parcel e3 - The South 62.5 feet of the North 250 feet of the West 136.5 feet of the East 273 feet of Lot 10, Mont View Park in the City of Greeley, Weld County, Colorado. 0 P board of Trustees for August 16, 1963 the Weld County Public Hospital Page 2 Title to all this property, heretofore referred to as Parcels #1, 2 and 3, is abstracted by the Weld County Abstract and Investment Company of Greeley, Colorado, and last certified to under Certificate #130,106, dated August 6, 1963, at 7:45 o'clock A.M. From such examination I find as follows: Fee simple title to the above described real property listed as Parcels #1, 2 and 3, is vested in Weld County Colorado, a municipal corporation, subject to and except the additional and following information: 1. Deed of Trust to the Public Trustee of Weld County for the use of Robert A. Reese of Greeley, Colorado, securing one note for $130,000.00, dated August 1, 1963, recorded August 2, 1963 in Book 1654, Page 463 Weld County records, with interest thereon at the rate of 62: per annum payable monthly; said interest and principal shall be due and payable in installments of $931.40 on the first day of each month beginning September 1, 1963, applied first to payment of monthly interest, and balance to principal, with final payment of any balance then remaining due on August 1, 1983. In my opinion, the title as set out above and subject to the foregoing, including exceptions and reservations in title opinion as rendered on July 22, 1963, is good and merchantable. y y u1Samuel S. Telep Attorney at Law SST:nb It was moved by Mr. Nelson and seconded by Mr. Smith that the Board of Trustees purchase the Reese property as housing for married interns and other hospital personnel. After a roll call vote with Mt. Reese abstaining frailvoting, the motion carried and it was therefore: "RESOLVED that the Board of Trustees of Weld County General Hospital has determined that housing facilities for married:interns and para-medical personnel are needed as an incentive to interns and personnel to come to Greeley and because of the close proximity of the residence to the hospital, medical, nursing and technical personnel are available in cases of emergency, believing both to be the best interests of the hospital and community, and "BE IT FURTHER RESOLVED, that the Board of, Trustees agrees to purchase properties located at the corner of 17th Stkeet and 19th Avenue consisting of three buildings ( one (1) seven unitapartment building and two (2) duplex 'apartments,, complete with carpets, draperies, refrigerators, stoves, etc., from the Bob Reese Motors Co., Inc„ 1700 19th Avenue, Greeley, Colorado, for a price of $140,.000e.A0 payable at the rate of $10,000.00 upon delivery of the deed, subject to a mortage which reflects the balance of $130,000.00.with 6 % interest perannum to be paid in monthly installments of $931.40 on the first day. of each month beginning September 1, 1963 with final payment of any balance then remaining due on August 1, 1983." The Administrator is directed to request the Commissioners of Weld County to authorize the purchase of such building, groundsfurnishings, the cost of which will be amortized from rentals over an estimated period of twenty years. July 24, 1963 WELD CO. COVMISSIONER` onenKY. corn. RECEIVED AUG 5 1963 61TI41i110111t12f 1121$ i4 I It was moved by Mr. Nelson and seconded by Mr. Smith that the Board of Trustees purchase the Reese property as housing for married intents and other hospital personnel. After a roll call vote, with Mr. Reese abstaining from voting, the motion carried and it was therefore: "RESOLVED that the Board of Trustees of Weld County General Hospital has determined that housing facilities for married interns and pars -medical personnel are needed as an incetive to interns and personnel to came to Greeley and becasue of the close proximity of the residence to the hospital, medical, nursing and technical personnel are available incases of emergency, believing both to be the best interests of the hospital and community, and "BE IT FURTHER RESOLVED, that the Board of Trustees agrees to purchase properties located at the corner of 17th Street and 19th Avenue consisting of three buildings ( one (1) seven unit apartment building and two (2) duplex apartments, complete with carpets, draperies, refrigerators, stoves, etc., from the Bob Reese Motors Co., Inc., 1700 19th Avenue, Greeley, Colorado, for a price of $11:0,000.00 payable at the rate of $10,000.00 upon delivery of the deed, subject to a mortage whieh reflect the balance of $130,000.000with 6% interest per annum to be paid in monthly installments of $931.40 on the first day of each month beginning September 1, 1963 with final payment of any balance then remaining due on August 1, 1983." The Administrator is directed to request the Commissioners of Weld County to authorize the purchase of such buildings, grounds, and furnishingsm the cost of which will be amortized from rental over an estimated period of twenty years. July 24, 1963 It was movedby and seconded by that the Board of Trustees purchase the Reese Property as housing for married interns and other hospital personnel. After the motion carried, Mr. Reese abstaining from voting, it was therefore: "RESOLVED that the Board of Trustees of Weld County General Hospital has determined that housing facilities for married interns and para-medical personnel are needed as an incentive to interns and personnel to come to Greeley and because of the close proximity of the residence to the hospital, medical, nursing and technical personnel are available in cases of emergency, believing both to be the best interests of the hospital and community, and "BE IT FURTHER RESOLVED, that the Board of Trustees agrees to purchase properties located at the corner of 17th Street and 19th Avenue consisting of three buildings (one (1) seven unit apart- ment building and two (2) duplex apartments, compete with carpets, draperies, refrigerators, stoves, etc., from the Bob Reese Motors Co., Inc., 1700 19th Avenue, Greeley, Colorado, for a price of $140, 000.00 payable at the rate of $10,000.00 upon delivery of the deed, the balance of $130, 000. 00 with 6% interest per annum to be paid in monthly installments of $931.40 on the first day of each month beginning September 1, 1963 with final payment of any balance then remaining due on August 1, 1983." The Administrator is directed to request the Commissioners of Weld County to authorize the purchase of such buildings, grounds, and furnishings, the cost of which will be amortized from rentals over an estimated period of twenty years. SAMUEL S. ATTORNEY AND COUNSELOR AT LAW FIRST NATIONAL BANK BUILDING TELEPHONE EL 2.5192 GREELEY, COLORADO July 22, 1963 Board of Trustees for the Weld County Public Hospital Greeley, Colorado and, Board of County Commissioners Weld County Courthouse Greeley, Colorado Gentlemen: At your request I have examined three abstracts of title and the records of the Weld County Abstract and Investment Company covering the le to the lowing separate tit described real property (3 P parcels, all contiguous and running from North to South and, for convenience and clarity, numbered 1, 2 and 3 respectively) located in Weld County, Colorado, to -wit: Parcel #1 - The West 136.5 feet of the North 125 feet of the East 273 feet of Lot 10, Mont View Park, as originally platted except the North 25 feet thereof in the City of Greeley, Weld County, Colorado. /47 Parcel #2 - The South 62.5 feet of the North el5WV feet of the West 136.5 feet of the East 273 feet of Lot 10, Mont View Park in the City of Greeley, Weld County, Colorado. Parcof the feetel of#3 - The the WestSouth 136.562.5 feetfoftthe EastN273hfeett of Lot 10, Mont View Park in the City of Greeley, Weld County, Colorado. Board of Trustees for the Weld County Public Hospital Board of County Commissioners July 22, 1963 Page 2 Title to this property is abstracted by the W Colorado, e ld County Abstract and Investment Company of byethey and last certified to as follows: Parcel #1 - Last certified to under certificate #116,312, dated January 10, 1956 at 8:45 o'clock A.M. Parcel #2 - Last certified to under under certificate #115,021, dated June 13, 9, atParcel #3 - Last certified to under certificate #117,869, dated September 4, 1956 at 1:35 o'clock P.M. From such examination I find as follows: Fee simple title to all of the above described real property listed as Parcels 1, 2 and 3, is vested in Bob Reese Motors, Inc., an Ohio Corporation registered and authorized to conduct business in the State of Colorado, subject to and except the following: 1. Subject to exceptions and nervations as contained in United States Patent, recorded eodApril 29, 1876 Book 20, Page 75, Weld County s. 2. Property is entitled to the benefits and subject to the burdens by sinclusion in undaries of the Northern Colorado Water Conservancy District 3. Master road and highway plan of the City of Greeley which gives notice to the owners of all property cityin ofthe city and proposed primary iand secondary highways. n a raius of three miles of the 4. All three parcels are subject to a 5 foot utility easement running along the entire East side of said property. Board of Trustees for July 22, 1963 the Weld County Public Hospital Page 3 Board of County Commissioners 5. An easement gvv,v gross the North 25 feet of Parcel #1 was createdffor rdadVay purposes in deed recorded July 15, 1949 in Book 1250, Page 359, Weld County records; said easement is now a part of 17th Street in the City of Greeley, Colorado. 6. Parcels #2 and #3 are subject to building restrictions and covenants running with the land until January 1, 1970 as contained in Warranty Deed from Baldrid`e to McCrory, recorded November 28, 1953 in Book 1375, Page 568, Weld County records. 7. Abstract does not certify as to payment of 1954 and subsequent taxes; however, investigation shows that all such taxes up to and including the year 1962, have been paid. 1963 taxes due and payable in 1964 are now a lien. 8. Rights of persons in possession, potential liens by reason of recent improvements to the premises, if any, and unrecorded easements or rights of way, if any, may be ascertained by physical inspection of the property. In my opinion, the title as set out above and subject to the foregoing, is good and merchantable. Very ly yours SST:nb Samuel S. Telep Attorney at Law Greeley, Colorado July 9, 1963 TO: BOB REESE MOTORS, INC., an Ohio Corporation, Owner, and 'BOARD OF TRUSTEES for the WELD COUNTY PUBLIC HOSPITAL, and COUNTY OF WELD, STATE OF COLORADO, a municipal corporation. The UNDERSIGNED hereby agrees to purchase the following described property, to -wit: All in Weld County, Colorado: The West 136.5 feet of the North 125 feet of the East 273 feet of Lot Ten Mont View Park as originally platted, except the North 25 feet thereof, which is now a part of Seventeenth Street in the City of Greeley, Colorado, said property being a part of Lot Ten (10) Mont View Park, City of Greeley, according to the recorded map or plat thereof, SUBJECT to a reserved easement over the East 5 feet thereof for utility installation and maintenance as set forth in Deed recorded in Book 1250, Page 359, Weld County Records; West Mont West Mont The South 62.5 feet of 136.5 feet of the East View Park, an Addition The South 62.5 feet of 136.5 feet of the East View Park, in the City the North 187.5 feet of the 273 feet of Lot Ten (10), to the City of Greeley; the North 250 feet of the 273 feet of Lot Ten (10), of Greeley, together with carpets, draperies, refrigerators and stoves .situate therein, SUBJECT to a Deed of Trust to the Public Trustee of Weld County, Colorado, securing the promissory note of Bob Reese Motors, Inc. in the amount of $130,000.00, with interest at 6% per annum, said principal and interest due and payable in installments of $931.40 on the first day of each month beginning September 1, 1963 with final payment of any balance then remaining due on August 1, 1983, said payments applied first to payment of monthly interest and balance to principal, with all improvements thereon and appurtenances thereunto belonging, if any, in their present condition. The total purchase price to be paid for said property is and shall be $140,000.00, payable in the manner following: $10,000.00 upon the delivery of deed conveying said property, subject to $130,000.00 mortgage indebtedness. It is mutually understood and agreed between the Undersigned Purchaser and Seller that the following conditions are the basis upon which this proposal is made and accepted: 1. That title will be transferred by Warranty Deed, free and clear of all liens and encumbrances, except as above set forth, and an abstract furnished certified to date showing merchantable title in the grantor, subject to conditions of the United States Patent, existing rights of way for roads and Northern Colorado Water Conservancy District. a. It is mutually understood and agreed between the purchaser and the seller that seller agrees to purchase $10,000.00 worth of new furniture, which is included in the total purchase price of $140,000.00. 2. In event there shall be any defect in the title which renders the same unmerchantable, the owner, at owner's expense, agrees to perfect the same, and in such event the owner, after receipt of written notice of claimed title defect, shall have a reasonable additional time in which to render such title merchantable. 3. Rents, water rents and taxes and insurance shall be adjusted pro rata to date of delivery of deed. 4. Possession shall be given August 1, 1963, subject to any leases then existing. 5. Time of payment is an essential part of this agreement and in the case of failure to make any of the payments or perform any of the covenants herein, it is understood and agreed that the money deposited herewith shall be forfeited and retained by the Undersigned Seller, or the Seller may, at his election, enforce specific performance of the terms of this agreement. 6. It is mutually agreed and understood that all the covenants and agreements herein contained shall extend to and be obligatory upon the successors and assigns of the respective parties. 7. The transfer to be completed in the office of Hubert D. Waldo, Jr., 209 First National Bank Buil ing, Greeley, Colorado. BOARD OF TRUSTEES for the WELD COUNTY PUBLIC HOSPITAL Attest: Secretary By G , (len President Purchaser APPROVED BY: COUNTY OF WELD, STATE OF COLORADO County Commissioners The Undersigned Seller hereby accepts the above proposal and agrees to all of the terms and conditions therein set forth. BOB REESE MOTORS, INC. B -2- President Seller Hello