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HomeMy WebLinkAbout960927.tiff x • o . O, 825 Recorded at o'clock_i_M., MAR 13 1978 C".Z Reception No. 1'74'7040 MARY ANN FEUERSTEI!J Recorder. /_/ . • THIS DEED OF TRUST,Made this first day of, March 1978 ,between DON MINCH and BETTY N. MINCH, as joint tenants, ` p'. the grantor herein whose address is • 17076 Weld County Road 5, Mead, CD : County of Weld, 7' and State of Colorado, and the PUBLIC TRUSTEE of the County or City and County in which the property described below is situated,in the r._ State of Colorado, �. Witnesseth:The Grantor to secure their promissory note(s)bearing even date herewith,for the total principal v—( sum of ONE HUNDRED THIRTY THOUSAND AND NO/100 ($130,000'.00) .. -dollars, payable to the order of HENRY MINCH 0 the beneficiary herein whose address is 17074 Weld County Road 5, Mead, Weld County',Colorado. in installments ,after the date thereof, In with interest thereon from the datB thereof,et ate tt 5 percent per annum,principal and interest payable trl in installments or not less than ,$1,800.00; plus interest annually on March '!st 0 of each year hereafter with the entire remaining balance becoming due March 1, o 1993, with privilege to pay principal in any amount at any time without penalty. 0 does hereby grant and convey unto said Public Trustee the following described property,situate in the County of Weld ,State of Colorado,to wit: The N# of the s1/2 of Section 4 Townshi c,2 3 North, of Range 68 West of the 6th P.M , Weld County Colorado, except 47.12acreps more or less, described as follows: Beginning at the East Quarter corner of said section thence westerly along the E. and W. center line of said Section 2223 feet, r71 thence 2035 feet $onthpasterly to a point on the g and W center lie of said c quarter section, 67U feet-West of the SE corner of the NE%% of the SE% of said Secti n,' = thence East on said line 670 feet to said last mentioned corner thence North on tl E. line of said Section'to the place of beginning; 'together with all ditch and wate rights in any way connected with or appertaining to said premises including 3 shar s of the capital tt l stock of„ the Highland Ditch Company, 12 shares of the Highland Lake Lateral Ditch Co. and. shares of the Markham Lateral Ditch. PLUS The Sk,Of the SW�4 of Section 27, in Township 4 North, of Range 68 West of the 6th P.M., Weld County, .Colorado; excepting •from.both tracts an undivided one-half interest in and to all gas, oil and hydro-carbons' including coal which is specifically reserved by Seller. else-ksleww aastieet aed ttuamber TO HAVE AND'10 HOLD the same together with all appurtenances,intrust nevertheless,that in case of default in the payment of said note or any part thereof or interest thereon,or in the performance ninny covenants hereinafter set forth,then upon the beneficiary(note holder)filing notice of election and demand for: sale,said.Public Trustee,after advertising notice of said sale weekly,for not less than tour weeks,fn some newspaper of general circulation in said county,shall sell said property in the manner provided by law In effect at the time of filing said notice and demand,at public auction for cash,at any proper place designated in the notice of sale.Out of the proceeds of said sale said Trustee shall retain or pa .first all fees,charges and costs and all moneys advanced for taxes,insurance 'and asseaaments,or on any prior,eneumbrance,with interest thereon,and pay the principal and interest due on said note,rendering the overplus(if any)unto - • the rantor;and after the expiration of the time of redemption,said Trustee shall execute and deliver to the purchaser a deed to the property sold.The' beneficiary may purchase said property or any part thereof at such sale. The grantor..covenants that at the time of delivery of these presents,he is seized of said property in fee simple,and that said.property is free of encumbrances,except • , taxes and assessments for 1978;. and' existing rights of way and , • easements _ - and that he will keep all buildings(neared for fire and extended coverage in amount equal to the unpaid balance of said note with loss payable to the.beneficiary. and will pay all taxes and aseesements against said property and amounts due on prior encumbrances,and if he shall fail to pay Insurance premium taxes or - amounts due on prior encumbrance,the beneficiary rue the d Mirage so paid shall become additional indebtedness due hereunder;and In case foreclosure,of he will pay an attorney's fee ofr��u6,On1 �u Um Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property,the grantor agrees that all court costs and a reasonable attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder;and the grantor does hereby release and waive all claims in said property as a homestead exemption or other exemption now or hereafter provided by law.. - • If all or any part of the property or an interest therein is sold or transferred byFirst Part_without beneficiary's prior written consent; • excluding(a)the creation of a lien or encumbrance subordinate to this Deed of Trust,(b)the creation of a purchase money security interest for household appliances,(0)a transfer by devise,descent or by operation of law upon the death of ajo(nt tenant or(d)the grant of any leasehold interest of • three years or less not containing an option to purchase,beneficiary may,at beneficiary's option,declare all the sums secured by this Deed of Trust to.- be immediately due and payable.Beneficiary shall have waived such option to accelerate if,prior to the sale or transfer,beneficiary end the person to • whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to beneficiary'and that the. interest payable an the sums secured by this Deed of Trust shall beat such rate as beneficiary shall request. - • It Is agreed that in ease of default In payment of said principal or interest or a breach of any of the covenants herein,then said principal sum hereby.} secured and interest thereon may et the option of the beneficiary became due and payable at once,anything in said note to the contrary notwithatand+. ing and possession of said property will thereupon bedelivered to the beneficiary,and on failure to deliver such possession the beneficiary shall be entitled to a reoelver for said'property,who maybe appointed by any court of competent jurisdiction. .. Whenever used herein the singular number shell•include the plural the plural the singular,and the use of any gender shall be applicable to all genders.All of the covenant.herein shall be binding upon the respective heirs,personal representatives successors and assigns of theyarties hereto. Should any prevision of this Deed of Trust be.found to'vlotate the statutes or court decisions of the State of Colorado,or of the United States,such, provision shall be deemed to be amended to comply with and conform to such statutes a -cisterns. - Executedthedayandyearfirstabovewritten. ..l,n_. w • Don,Minch • �a7 Bt tf Minch .. �n rq `� � �1 ' STATE OP in:DRADO;' ` - •�. County of BotlldPr ..� :.'ss: .. .. '` • The foregoing instrument was acknowledged before me this 1St ' day of.'. ' ,.March(,,, .--' 19 78' ,by .-Don Minch;and:Betty.N. Minch • U C r pI December sff,, M Commissi 21 1981on ex da , • ;,-r/ W([neas my hand and omcial Beal. NoTAR U•• P.•Li' '1.';.\•,C... .'LifJLlG N0:9 -l8Ret.•78-DEED OFIRUSTLOPUBIICTRUSTEE.—ShortFarm Copyright®1979 Bradford Publishing Co.,1846 Stout Street,Denver,Colorado(x79.6011)—I.78 . (LO x 21 i . • CUSTOMER'S DRAFT 1419 FOR COLLECTION- ONLY--NOT A CASH ITEM COLLECT DIRECTLY THROUGH VECTRA BANK. 1650 SO. COLORADO BLVD. + DENVER, COLORADO 80222 er Denv ,`'"°Colorado January 13. 1994 23-315/1020 Ten (10) Days After Sight and Subject to Approval of Title Pay to: Don Minch and Betty Minch. $3.381.07 Three Thousand Three Hundred Eighty-One and 07/100 - - - - - - Al. DOLLARS Consideration in full for A"paid-ups 3 year lease covering 192.88 acres being S/+SW/*-Section 27, T4N. R68W. and NASA Less 47.12 acres described,in lease, T3N, R68W. and these lands TO: J. MICHAEL McGHEE being in Weld I'County olorado. 1100 FOUR TEN BUILDING �N OT 410 17TH STREET f� �.elOnc� DENVER, COLORADO 80202 Agent: Eugene L. Dec t; DETACH BEFORE PRESENTING FOR PAYMENT Colorado DESCRIPTION: Township 4 North, Range 68 West. 6th P.M. STATE: Section 27: S/ W/a COUNTY: Weld �Q Full interest in this tract. GROSS ACRES: 192.880 NETACRES: 153.685 MINERAL INTEREST: 29/36 �f Township 3 North Range 68 West, 6th P.M. AMOUNT PER NET ACRE: $22.00 ( $20.00 Per Section 4: NN-S/4 Less 47.12 acres acre bonus and $2.00 P/A paid-up.) as described in;.lease. RECEIVED ORIGINAL 11/36 interest under this tract. CD This draft replaces Draft 1350, dated December Ot 11, 1993, due to title failure. C C0 "PAYEE'S COPY" 0 I CUSTOMER'S DRAFT 1419 FOR.-COLLECTION ONLY--NOT A CASH ITEM COLLECT DIRECTLY THROUGH VECTRA BANK. 1650 SO. COLORADO BLVD. DENVER, COLORADO 80222 13. 4994' 23-315/1020 Denver, Colorado d Ta1us1 i 7 Ten (10) Days After Sight and Subject to Approval of ,Title Pay to: Don Minch and Betty Minch $1.381.07 Three Thousand Three Hundred Eighty-One and 07/100 - DOLLARS Consideration hi full for• A 'paid—up, 3 year lease covering 192.88 acres being S/' SW/*-Section 27, T4N, R68W. and N/4S/4 Less 47.12 acres described in lease, T3N, R68W, and these lands TO: J. MICHAEL McGHEE being in Weld County, ,olorado. 1100 FOUR TEN BUILDING NONOT 410 17TH STREET DENVER, COLORADO 80202 Agents Eugene L. Dec DETACH BEFORE PRESENTING FOR PAYMENT DESCRIPTION: Township 4 North, Range 68 West, 6th P.M. STATE: Colorado Section 27: S/+SW/* COUNTY: Weld 1 pan Full interest in this tract. GROSS ACRES: 92.880 NET ACRES: 153.685 Range MINERAL INTEREST: 29/36 Township 3 North 68 West, 6th P.M. AMOUNT PER NET ACRE: $22.00 (` $20.00 per Section 4s NIS/4 Less 47.12 acres acre bonus and $2.00 P/A paid-up.) as described in-lease. RECEIVED ORIGINAL 11/36 interest under this tract. CA This draft replaces Draft 1350, dated December 11, 1993. due to title failure. "PAYEE'S COPY" AR2] ]3352 • WDl arrati t Ietb' Anna C. Minch, Grantor, whose address is 17074 Weld County Road 5, Longmont 80501, County of Weld, State of Colorado, for the consideration of Ten Dollars,in hand paid,hereby sells and conveys to Don Minch and Betty N.Minch, as joint tenants, whose legal address is 17076 Weld County Road 5,Longmont 80501, County of Boulder, and State of Colorado the following real property in the County of Weld,State of Colorado, to wit: All minerals, including gas, oil, hydrocarbons, and coal, in on or under the South half of the Southwest Quarter (S 1/2 SW 1/4) of Section Twenty-Seven (S. 27), in Township 4 (T. 4) North, Range Sixty-eight (R. 68) West of the 6th P.M., in the County of Weld , State of Colorado. also known by street and number as: Vacant land, WITil ALL ITS APPURTENANCES, and warrants title to the same, subject to:reservations and resu.-ictions of record, and taxes for 1987 and subsequent years. Signed this o ?#day of , 1987. / Anna C.Minch 11 Po STATE OF COLORADO ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this c29I'day of , 1987,by Anna C. Minch. My commission expires: /)--0 7-67 Witness my hand and official seal. • ,Xg4e2/Z.Ze 1;: C4, - Notary Public 0F. B 1160 REC 02103352 06/12/87 16:26 3.00 1/001 F 0091 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Hello