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IC DEPARTMENT SERVICES
SUBDIVISION EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
Applicant: Randy Benson, Ellen Benson Case Number SE-796
Request: Subdivision Exemption for a Lot Line Adjustment
Legal Description: Part of the S2 of Section 12, T9N, R65W of the 6th P.M., Weld County, Colorado
Parcel Number 045712000004 v .
Criteria Checklist
Meets Criteria
Yes No NA
X 1. The proposal is consistent with the policies of the Weld County Comprehensive Plan.
X 2. The boundary change or temporary use location which would be allowed on the subject
property by granting the request will be compatible with the surrounding land uses.
X 3. In those instances when used pursuant to Section 11.14.2 of the Weld County Subdivision
Ordinance, the request is the best alternative to dispose of existing improvements in
conjunction with the companion Recorded Exemption.
X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be
sold, shall be at least one acre in size, and will no longer exist upon termination of the
financing arrangements.
Approved With Conditions
The Subdivision Exemption is approved in accordance with information submitted in the application and the policies of
the county. The Department of Planning Services has determined through its review that the standards of Section 11.17
of the Weld County Subdivision Ordinance have been met.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed
according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat, the applicant shall:
A. The applicant shall utilize the existing access. No new accesses will be granted.
B. All accesses shall be clearly shown on the plat. Direct access from a public road shall be limited to
one access per legal parcel for residential, no circle drives are permitted.
C. The following notes shall be placed on the plat:
(1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located.
(2) Under the Weld County Subdivision Ordinance, the property is still recognized as one parcel.
No additional building sites are created with this Subdivision Exemption.
993//V
(3) Should ious weeds exist on the property or *me established as a result of the
propos development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Ordinance 169A.
4. 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 11.15.9 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60)
days from the date of approval by the Department of Planning Services. The applicant shall be
responsible for paying the recording fees.
5. Planning Staffs approval of this subdivision exemption is based upon satisfying the above conditions.
Should the applicant be unwilling or unable to meet any one of these conditions, within 60 days of
approval, this case will be forwarded to the Board of County Commissioners with a recommendation for
denial.
c,..,.. By a f-� 6 CG( <-„, Date: November 7, 1999
Julie A. Chester 4. Current Planner
0
417
Flat Checklist
•
Item Comments Check
Proper size of plat 24" X 36" or 18"X 24"
Boundaries of Lot(s)
Scale Suitable Scale? (Approx. 1"=200'or 1"=100')
Access indicated Shared access? If so, is Easement Certificate
included?
Roads labeled, including R.O.W.
Building Envelope(s)
Vicinity Map Suitable Scale?(Approx. 1"=2000'); Not on SE
Notes from Planner/ Acceptable on sticky-back adhesive paper
Development Standards
Conditions Of Approval completed?
North Arrow
Legal Description
Owner's Certificate Notarial Certificate included? If deed indicates
two owners, have both signed the plat?
Surveyor's Certificate, Surveyor's stamp All surveyed plats
Note: USR plats do not need to be surveyed
Director of Planning Certificate Notarial Certificate included?
(RE, SE, SPR, Final PUD, if Staff Approved)
Planning Commission Certificate (USR's,COZ,)
Board Certificate (USR's,COZ, Final PUD but not if it was Staff
approved) *RE,SE&ZPMH,if Board approved.
Typical Road Cross Section If a COZ,Final PUD
Easements If Final PUD
Please return the plat to David Lucero within 24 hours of receiving the plat.
Planner Signature: Date:
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DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, CO 80631
Phone (970) 353-6100, Ext.3540
Fax(970)304-6498
COLORADO
October 8, 1999
Randy Benson
23969 WCR 106
Nunn, CO 80648
Subject: SE-796-A Subdivision Exemption for a parcel of land described as Part of the S2 of Section 12,
Township 9 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Benson:
Your application for the Subdivision Exemption and related materials are being processed at this time and
you will be notified within 45 days. If it is determined that the application meets the approval criteria of Section
11.15 of the Weld County Subdivision Ordinance, as amended, you will be notified that the subdivision
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 subdivision exemption.
If you have any questions concerning this matter, please free to call me.
Respectfully,
' tteti Clo,S
Julie Chester
Planner
� *' APPLICATION FLOW SHEET
Willie
COLORADO
APPLICANT: Randy Benson and Ellen Benson CASE#: SE-796
REQUEST: Subdivision Exemption for a Lot Line Adjustment
LEGAL: Part of the S2 of Section 12, T9N, R65W of the 6th P.M., Weld County, Colorado
LOCATION: North of WCR 106; and approximately 'A mile west of WCR 49
PARCEL ID #: 0457 12 000004 ACRES: 359
Date By
Application Received 10/4/99 mail
Application Completed
Referrals listed 10/8/99 wi for jac
Design Review Meeting (PUD)
File assembled j „1�g/C1(1 -C
Letter to applicant mailed /BA
71 6( cl S
Referrals mailed /0/g'/qc - 7,J
Chaindexed /O/g/ql5
Vicinity map prepared
2�
Field check by DPS staff 7/77-2)/0 ( \
Administrative Review decision: l ;2u,1),ac/ ////) / _
Date By
County Commisioners Hearing Date (if applicable)
Surrounding property owners notified
Air photo and maps prepared /0/1/4/II _D .- A -L_-
CC action:
CC resolution received
Recorded on maps and filed
Overlay Districts
Zoning Ag
Airport Yes_ No_X_
Geologic Yes_ No_X_
Flood Hazard Yes No_X_
Panel#080266 0350C
#
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, Colorado 80631
Phone: (970) 353-6100, Ext. 3540 Fax(970) 304-6498
SUBDIVISION EXEMPTION APPLICATION
FOR PLANNING DEPARTMENT USE ONLY:
Application Fee Receipt Number Case Number`," ! 1L
Recording Fee Receipt Number Zoning District
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures):
TYPE OF EXEMPTION REQUESTED (check one)
v"/Property line adjustment Used with Recorded Exemption
Financing purposes Public utility facility
I (we), the undersigned hereby request that the following described property be exempted from the definition
of the terms "subdivision" or "subdivided land" in accordance with Section 11.11 of the Weld County
Subdivision Ordinance by the Weld County Board of County Commissioners.
Legal description: 1 J Section /€_T / N, R 441:11W of the 6th P.M.,
Weld dunty, Colorado.
&;ld Total Acreage Zr-4 / c 0 c_e /35-7 O C'__e-.eo
4 Ltr T� /aetie -t/— 3i, actie�
Has this property en divided om or had divided from it any other property since August 30, 1972?fr Yes V No
FEE OWNERS OF PROP RTY: / �iyp
Name: ea,, ,t y 0 a ii) �c r �� S�`l /lam (357 ( (= -o
Address: " / �9hey too"- /f0(� a90/'h6ff� j e::r) �
Name: /�U n
Address: - vhiVk Phone — ate
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.
'ye
2k Signature: Owner or Authorized Agent
Rev: 10-21-97 11CV"� L
cou�ty
ve�a a vit
tGtk\C 7
•
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, Colorado 80631
Phone: (970) 353-6100, Ext. 3540 Fax (970) 304-6498
SUBDIVISION EXEMPTION APPLICATION
FOR PLANNING DEPARTMENT USE ONLY:
Application Fee ! - 64) Receipt Number y .a 1 Case Number
Recording Fee Receipt Number Zoni istr t
Application Checked By S Planner Assigned to Cas
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures):
TYPE OF EXEMPTION REQUESTED (check one)
✓ Property line adjustment Used with Recorded Exemption
Financing purposes _ Public utility facility
I (we), the undersigned hereby request that the following described property be exempted from the definition
of the terms "subdivision" or "subdivided land" in accordance with Section 11.11 of the Weld County
Subdivision Ordinance by the Weld County Board of County Commissioners.
Legal description: /51 S Section 1 9 T N, R Z,:4 W of the 6th P.M.,
Weld
� unty, Colorado.
Total Acreage ✓�f'•'Pre / o- e /'3S a
?
Q
Has this property en divided d d fFom o had divided 7V--from it any therproperty since August 30, 1972?
Yes No
FEE OWNERS OF PROPERTY:
Name: Gt'^Ol L/ L1 a r
Address: . La q i� it >7p /�y%Il,u vo haF(� `� U Jv Act o'�`'�� 3
Name: n)ti Phoneme — .9 7415
Address:
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.
Signature: Owner or Authorized Agent
Rev: 10-21-97
7
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REFERRAL LIST •
NAME: [Applicant's Name] CASE NUMBER: SE-796
REFERRALS SENT: October 8, 1999 REFERRALS TO BE RECEIVED BY: October 29, 1999
COUNTY TOWNS and CITIES
Attorney Ault
_X_Health Department Brighton
_Extension Service Broomfield
_Emergency Management Office _Dacono
Sheriffs Office _Eaton
X_Public Works _Erie
_Housing Authority _Evans
Airport Authority _Firestone
_Building Inspection Fort_ Lupton
Code Enforcement _
_ Frederick
STATE _Garden City
_Division of Water Resources _Gilcrest
_Geological Survey _Greeley
Department of Health _Grover
Department of Transportation _Hudson
_Historical Society Johnstown
Water Conservation Board Keenesburg
_Oil and Gas Conservation Commission _Kersey
Division of Wildlife: _LaSalle
West of 1-25(Loveland) _Lochbuie
_East of 1-25(Greeley) Longmont
_Division of Minerals/Geology _Mead
FIRE DISTRICTS _Milliken
Ault F-1 _New Raymer
_Berthoud F-2 _Northglenn
_Briggsdale F-24 Nunn
_Brighton F-3 _Pierce
Eaton F-4 _
_ Platteville
_Fort Lupton F-5 Severance
_
Galeton F-6 _Thornton
Hudson F-7 Windsor
_Johnstown F-8
_La Salle F-9
_Mountain View F-10 COUNTIES
_Milliken F-11 Adams
Nunn F-12 Boulder
_Pawnee F-22 _Pawnee
_Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 _US Army Corps of Engineers
Raymer F-2 _USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
_Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
_Brighton
OTHER _Fort Collins
School District _Greeley
Ditch Company Longmont
West Adams
COMMISSION/BOARD MEMBER
a RECEIVED
KiltOCT 111999
WELD COUNTYWeld Count Referral
PUBLIC D WORKS DEPT
1
COctober 8, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
s
Applicant Randy & Ellen Benson Case Number SE-796
Please Reply By October 29, 1999 Planner Julie Chester
Project Subdivision Exemption for Lot Line Adjustment. g
Legal Part of the S2 of Section 12, Township 9 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
Location North of WCR 106 and approximately 1/2 mile west of WCR 49. }
Parcel Number 0457 12 000004
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
D We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
ASee attached letter.
Comments:
Signature ���� Date 10" D-2-9 9
Agency hutl}c o e ._
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
rs tit • MEMORANDUM
TO: Julie Chester, Planner DATE: October 22, 1999 while FROM: Donald Carroll, Engineering Administrator c(1't /'-
SUBJECT: SE-796; Randy and Ellen Benson
COLORADO
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
WCR 106 is designated on the Transportation Plan Map as a local gravel road which requires 60 feet of right-of-
way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. Pursuant
to the definition of SETBACK in the Weld County zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
WCR 49 is designated on the Transportation Plan Map as a local gravel road which requires 60 feet of right-of-way
at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. Pursuant to
the definition of SETBACK in the Weld County zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
REQUIREMENTS:
The applicant shall utilize the existing access to this parcel as no additional accesses will be granted.
cc: SE-796
plant se
Veld County Planning L
OCT 77 19;,o
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Reception Number Book Page • Recording Date >.4`r. "1”P-,7,1.,, P r , xc/i a
02314912 1363 12/17/1992 , .6�G86° nr ,999 0916
Sale 12104//ate 1 92 'Doc Fee 5.60�PRD eed Type lawn Type regals Private Remark
Consid 'Conversion Errors
0
OP ID Effective Date Entry Date
021 12104/1992 01121/1993
TD Flag 'Last Td Date 'Penalty Penalty Date
Public Remark
r
Grantor !
Grantee
RECPTN i BOOK PAGE RECORDDTW
ll
02314912 1363 12/17/1992; Insert
00000000 0000 / / Clear
Update
Delete
liI
I r Exit
•
735
111111111111111111 1111111111111 1111IIII
2599739 03/13/1998 02:34P Mold County CO
1 of 2 R 11.00 D 0.00 JR Suk1 Tsukamoto
__. [Spam Above This Line For Recording Dab(
Loan #: 909073
DEED OF TRUST
THIS DEED OF TRUST('Security Instrument')is made on MARCH 4 19 98 Therruster is E U" N BEZEICIST
('Borrower or'Borrowers''.
The'Trustee'is the Public Truetee of WELDF County.Colorado.The beneficiary is Commercial Federal Bank.a Federal Savings Bank.which is
organized and existing under the hews of the United States of America.and whose address is 4480 Fernam Street Omaha,Nebraska 013131('Under).A note dated the same date as this deed of butt contains
the tenor for repayment of a loan made to Borrower.If that Note is ever chanced meddled.or replaced by a new nate.it will remain secured in full by this deed of trust This Security Instrument secured to
Lender.(a)the repayment of the debt evidenced by the Note,with interest and all renewals,extensions end modifications(hi the payment of all other sums.with interest advanced under Paragraph 7 to protect
the security of this Security Instrument:and(d the pedcrmance of Borrower's covenants and agreements under this Security Instrument end the Note.For this purpose,Borrower irrevocably grants end convoys
to Trustee,In caret with the power of sale,the following described property located in Nf I
'Me S 1/2 of section 12 twmship 9 ange 65 west
Legal Description:
of the 6th p.m.exoept parcel described in deed recorded
in book 1358 reception no 02310067
Witchhn the address of 52401 WCS2 49, DUNN, CD 80648 Sitset.City.State.ZIP Code.('Property Address').
The Principal Amount of this loan is E 10,57B.44 The Insurer acknowledges and agrees that any future advances will be secured by the deed,
TOGETHER with all the Improvements now or hereafter erected on the property end all easements. rights.appurtenances.reng,royalties,mineral.oil and gin rights and profits.water rights and stock and all
fixtures now or hereafter a part of the property.All replacements end additions shall also be covered by the Security Instrument All of the foregoing are referred to in this Security Internment as the'property'
BORROWER COVENANTS that Borrower 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 for encumbrances
now of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances now of record.Borrower and Lender covenant and agree as
follows:
1. Payment or Principal and Interest Prepayment and Late Charges.Borrower shall promptly pay when due the principal of and Interest on the debt evidences by the Note end any prepayment and late
charges due under the Note
2. Funds for Taxes end Insurance.Subject to applicable law end at the option of the Lender,Borrower shell pay to Lender on the day monthly payments are due under the Note,until the Note is yard in full,a
sum hazard'Fundy')equal to onedwelfth of.(al yearly taxes and assessments which may attain priority over this Security Instrument Oil yearly leasehold payments or ground rents on the Property.it any.(of yearly
premiums.and(dl yearly mortgage insurance premiums,if any.These items are called'escrow items.'Lender may estimate the funds due on the base of current des end reasonable estimates
of future escrow items.
The funds shell be held in an institution the deposit,or eeeounes of which we insured or guaranteed by a federal OF tate agency(Including Lender it Lender is such en matitutioni 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 Lander pays Borrower interest an the Funds and appliable
law permits Lender to make suds a charge Borrower and Lender may agree in writng the 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 of the funds showing credits and debits to the Funds end the
pumper for whim each debit to the Funds was made.1Fie Fondd are pledged as addibbnal security for rise sure secured by this Security Instrument'Mtha'efnoantofthe funds baNUyLender.-isgetherwiththe-
future monthly payments of Fund,payable prior to the due dates of the escrow items,shall exceed the amount required to pay the escrow items when due,the excess shell be.at Borrowers 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 oemaery to make up the deficiency in one or more payments as
required by Lender.
Upon payment in full of all suns 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 shell apply,no later then immediately prior to the sale of the Property or its acquisition by Lender,any Funds held by Lender et 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 spoked:lint to late charges due under the Note;second to
prepayment charges due under the Note:third,to amounts payable under paragraph 2;fourth,to interest due:end lard to principal due.
4. Charger liens Borrower chill pay all taxes. aseeesments.Merges,finer end impositions attributable to the Property which may again 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 it not paid in that manner.Borrower shall pay them on time directly to the person owed payment.Borrower
shall promptly furnish to Lander all notice of amounts to be paid under this paragraph it Borrower makes these payments directly.Borrower shall pranytly furnish to Lander receipts evidencing the payments.
Borrower hall promptly discharge any lien which hey priority over this Security Instrument unless Borrower,(a)agree in writing to 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 enforcement of the lien in,legal proceedings which in the Lender's option operate to prevent the enforcement of the lien cur forfeiture of any
part of the Properly. or(d secures from the holder of the lien end agreement samfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is'oblate
toe lien which may attain priority over this Security Instrument Lender may give Borrower a notice identifying the lien.Borrower,hall Neely the lien or take one or more of the actions set forth above within 10
days of the giving of notice.
5, Hazard Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the tarn'extended coverage'and any other
hazards for which Lander requires insurance.This insurance shell be maintained In the emounts and for the periods that Lander requires.The insurance carrier providing the insure nee shall be chosen by
Borrower subject to Lender's approval which shell not be unreasonably withheld.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the polices end renewals.It Lender requires,Borrower shall
promptly give to Lender ell receipts of paid preodums and renewal notices.In the event of loss.Borrower shall give prompt notice to the insurance carrier end Lender.Lender may make proof of loss if not made
promptly by Borower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoietion or repair of the Property Damaged,if the restoration or repair Is economically feasible end Lender's
security is not lessened.If the restoration or repair is not economically feasible or Lenders security would be lessened,the insurance proceeds shell be applied to the sums secured by this Security instrument
whether or not then due,with any excess nerd to Borrower.If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim. the
lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured by the Security Insuument whether or not then due.The 30-day Paned will
begin when the notice is given.
Unless Lender end Borrower otherwise agree In writing any application of proceeds to principal shall not extend or postpone the due dote of the monthly payments referred to in paragraphs 1 end 2 or
change the amount of the payments.If under paragraph 19 the Property Is acquired by Lander. Borrower's right to any inaurence policies and proceeds resulting from damage to the Property prior to the
acquisition shell pass to Lender to lie extent of the sums secured by this Security Instrument immediately prior to the ewulsition.
0. Preservation end Maintenance of Property,Leaseholds.Borrower shall-not destroy.ddmege or aubstentaily change the Property,allow the Property to detadoreta or commit waae:dither Ssarity
Instrument is on leasehold. Borrower shell comply with the provisions of the lease.end if Borrower acquires fee title to the Property,the leasehold and lee title shell not merge unites Lander agrees to the merger
in writing.
7 Protection of Lenders Rights in the Property;Mortgage Insurance.If Borrower fails to perform the covenants and agreements contained in this Security Instrument or there in a legal proceeding that may
signitandy effect Landdla mien in the Pr-opera/(sum axe proceeding inbankruptcy;r bete-for condemnation-or tovnbrmiowsw-ogalationatthen-ardermxyffi5Mpeyfarwhateveridneanary-n-
protect tine value of the Property and Lender's rights in the Property.Lender's actions msy indude paying any sums secured bye lien which has priority over this Security Instrument,appearing in court.paying
reasonable attorneys'lees and entering on the Property to make repairs.Although Lender may eke action under this paragraph 7,Lender does not have to do so.
Any amounts disbursed by Lender under the paragraph 7 shall become additional debt of Borrower secured by this Security Instrument Unless Borrower end Lender agree to other terms of payment,these
amounts shelf beer interest from the date of disbursement at the Note rate and shell be payable,with interest upon notice from Lander to Borrower requesting payment
If Lender required mortgage insurance es 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 of applicable law.
8. Inspection.Lender or Its agent may make reasonable entries upon and Inspections of the Property.Lender shell give Borrower notice at the time of or prior to en inspection specifying reasonable cause for
the intpacen.
9. Condemnetion.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other thing eking of any part of the Property,or for conveyance in lieu of
condemnation,are hereby assigned end shell be poi to Lender.
In the event of a total taking of the Properly,the proceeds shell be applied to the sums secured by this Security Instrument whether or nos then due.with any excess paid to Borrower.In the event of a partial
taking of the Property,unless Borrower end Lender otherwise agree in writing.the sore secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:la)
the total amount of the sums secured immediately before the taking.divided by(b) the fair model value of the Property Immediately before the taking.Any balance shall be paid to Borrower
It the Property is abandoned by Borrower,of 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 after the date the notice is giving.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 end Borrower otherwise agree in writing.any application of proceeds to principal shell not extend or postpone the due date of the monthly payment,referred to in paragraphs I end 2 or
change the amount of such payments.
Page 1 of 2
COLORADO DNA 153-CO(03/96)
1 1111311 111111 1111 11111111 11111 III 11111111111
2699739 03/13/1990 02:34P Wald County CO
2 of 2 R 11.00 D 0.00 JA Sukl Taukamoto
to.Borrower Not Released;Forbearsnca By Lander Net a Waver.Extension of the urns for payment or modification of amortization of the sums secured by this Security Instrument premed by Lender to
any euccesanr in interest of Borrower shell not operate to relines the liability of the odginai Borrower or Borrowers euccaasou In interest Lender ball not be required to commence proceedings against any
succour in interest or muse to extend time for payment or otherwise modify amortization of the sums enured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successor,d interest.Any forbearance by Lender in exercising any right or remedy shall not b e waiver of or preclude the exorcise of any right or remedy.
11.Successors end Aaaigne Bound;Joint and Several Liability.Co-signers The covenants and agreements of this Security lottunartt shall bind end benelltlhe successors and assigns of Lender and Borrower.
subject to the provision of peregreoh II.Borrower's covenants and agreements shell be joint end several. Any Borrower who cosigns this Seventy Instrument but dose not execute the Note:(e)is cosigning
this Seventy instrument only to mortgage,grant end convey that Borrower's interest in the Probity under the terms of this Security Instrument(b)is not personelly obligated to pay N.turns secured by this
&bounty Instrument and lc)arise that Lander and any other Borrower may agree to extend,modify,forbear or make any accommodations with tgerd to the terms of this Security Instrument or the Note
without that Borrower's consent
12 Lan Charges If the loan secured by this Security Instrument Is subject to a low which sate maximum loan charges.and that law is finally interpreted so that the interest or other loan charges collected Of
to be collected in connection with the loan exceed the permitted limits then:(al any such loan charge shall be reduced by the amount necessary to reduce tin cherga to the permitted limit and lb)any sums
already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may drone to make this refund by reducing the principal owed under the Note or by making a direct
Payment to Borrower.B e refund reduces prindpel,the reduction will he naiad es e pedal 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 Now or this Security Instrument unenforceable according to its terms.
Lender at its option. may require immediate payment in full ol all sums secured by this Security Instrument and may Invoke any remedies permitted by paragraph 113 If Lender exercises this option.Lender shall
take the new spedtred in the second paragraph of paragraph 17.
14.Notices Any notice to Borrower provided for in this Security Instrument shall be given by dellverIng it or by mailing it by first den mail unless applicable law requires use of another method.The nuts
shall be directed to dye Property Address or any other address Borrower designates by notice to Lender.Any notice to lender mall be given by Litt class mall to Lender's address wted herein or any other
sddnaeLendecdesigatseby petrol*.Borrower.Any note provided for in this Security Instrument shall to deemed to have been given to Borrower or Lender when gwen se provided in thin paragraph-
55 Governing Law:Severebility.This Security Instrument shell be governed by federal Isw and the law of the iuuidiGpn in which the Property is located:in she event that proyisbnor ceased this-
Sacunty Instrument or the Note conflicts with applicable law,such conflict shell not effect other provralons of this Security Instrument or the Note which can be given effect without the conflicting pravnion.To
this end the provisions of this Securty Instrument and the note are declared to be severable.
to.Borrowers Copy. Borrower shall he given one conformed copy of the note end of this Security Instrument
17.Transfer of the Property or a Beneficial Interest in Borrower.If all or any pan of the Property or any Interest in it is or transferred(or if a beneficial Interest in Borrower is sold or transferred and
Borrower is not a natural parson)without tender's prior written consent Lender may.et its opdon.require Immediate payment in full of all sums seemed by this Security Instrument.However.this option shall not
be exercised by Lander if exercise Is prohibited by federal law as of the date of this Security Instrument.
1B. Events of Default Any of the following events should be deemed en event of deteult hereunder(al Borrower shall have failed to make payment of any installment of Intenet prinopal.or of any other
sums secured hereby when due:or(III there has occurred a breach of or default under env tang covenant agreement condition.prowton.representation or warranty contained inthis Security Instrument the
Note of any related document
19.Acceleration;Remedies,Upon Barrowant breach of any covenant or agreement ol Borrower In this Security Instrument or In the Note secured hereby. Including but not limited M.the covenants to pay
when due any sum secured hereby.Lender,at Lenders option may disrobe all of the sums secured by this Instrument to be immediately due end payable without further demand,and may invoke the power of
rile and env other remedies permitted by applicable law or provided herein.Lender shell be'mated to collect all costa and expenses incurred in pursuing such remedies,including but not Meted to attorneys
feet trustees fees,end costs of documentary evidence.obstacle end title reports.
If Lender invokes the power of safe.Lender shall execute Or CMS, 'NNW'to execute a wtdwn notice of the occurrence of an event of default and of Lender's election to cause the property to be sold ant shall
cause such notice to be recorded in each county in which the properly or some part thereof is located.Trustee shell give notice of default and notice of see and shell sell the properly according to applicable hew.
Trustee may sell the property at the lime end place end under the terms deep mud In the notice of eels in one or more parcels nd in such order as Trustee may determine Trustee may postpone sale of all or
any parcel of the property by public announcement at the tine and place of any previously scheduled sale end in accordance with applicable Law.Lander or Lender's designee may purchase the property at any
sole.
The Trustee shall deliver to the purchaser a Trustees Dead upon side conveying the property so sold without any covenant or warranty,expressed or implied.The recitals in the Trustee's Deed shall be prima
fens eviearce of the truth of the statements made therein.The Trustee shall apply the proceeds of the sale in the following order first to ell cote and expanses of the sale,including but not limited to.Trustee's
end enorney's fees and cost of tide evidence;second,to all awn secured by this Security Instrument in such order as Lender.In Lender sole disaetlon directs:and last the excels,it any.to the person or
minions legally entitled thereto-
This Security Instrument shall be effective as a mortgage ea well as a deed of trust end may be foreclosed as e deed of Vint or s mortgage as permitted by applicable law
In the event of a default the remedies provided in this Security Instrument re nor exclusive of any other remedies availede to Lender end Trustee as allowed by law.
Time of the Essence end Non-Waiver.Time is of the essence of this Deed ol Trust. Accptance by Lender of any sum seared hereby after its due date don not constitute a waiver by Lender of its right to
require prompt payment when due of all other sums to secured or to declare a defaultfor a failure to en timely Pee-
20. Lander in Possession.Upon acceleration under paragraph 19 or abandonment of the Property.Lander fin person,by agent or by ludldally appointed receiarl shall be entitled to enter upon,love
pi,oeesion of end manage the Prosody end to collect the renal of the Properly Including those past due.Any anti collected by Lender or the receives shall be applied first to payment of the cotta of
management of the Property end collection of rents.including.but not limited to.receiver's fees.premiums on Munroe boners end seasonable attorneys'tees,an then to the sums tecured by this Security'
Instrument
21. Reconveynce.Upon payment of all pima secured by this Security Insoument Lender mall request Trustee to reconvey the Property end shell surrender riot Security Instrument end all notes evidencing
debt secured by this Security Instrument to Trustee.Trustee hall resonate the Property without warrsnly and without cherg•to the person Or persona legally entitled to it Such person or persona ehea pay any
remrdston cub
22. Substtute Trustee.Lender,et its option.may from time to pIns remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by en Instrument recorded in the county in which this
Security Instrument is recorded.without conveyance of the Property the successor trustee shall succeed to all the tide,power and duties conferred upon Trustee herein and by applicable Isw.
23. Request for Nodose Borrower requests that copies of the notices of default and sole be sent to Borrower's address which Is the Property Address. Borrower further request that copes of the notices of
default and sale be sent to tech pennon who is a party hereto at the address of such person sat form herein.
24 Hazardous Waste.Borrower represents that the Borrowers will not generate or store hazardous wrote or substance on the Property.
26. Waiver of Homestead. Borrower waives all right of homestead exemption in the property.
By SIGNING BELOW Borrower erupts end agrees to the terms and covenants contained in this Seuunty Instrument and in any nder(el executed by Borrower end recorded with it.
Ca,
4r^.n.c/c7-77/ / "' (Sean
W5TP J M HFII I -Borrower
(6.611
-Borrower
(Space Below This Line For Acknowledgement]
Stele of SEcPADO
I e:
County of WIIxDF
On this 4TH daaty.f,ELLEN
Timm
t9 98 ,before in.a Notary Public in the State of IA1
pnwnally appeared CWtal N M BENSON CU 1�� ,( v
IL, ( I
to me personally known to be the person(s)named in an who executed the foregoing Instilment and acknowledged that executed the orbs a.
voluntary act and deed. r
7
My Commission Expires: ,
NOTAR IC
Return Recorded Form To:
Commercial Federal Bank,Consumer Loan Department, 4460 Farnam Street,Omaha, Nebraska 68131
COLORADO
Page 2 of 2
DN-1153-CO(03/96)
B 1358 REC 02310067 11/06/92 13 : 29 $5 .00 1/001
AR23s" 7LtL7 - — F 0080 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Quit GGainyieat
THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as
GRANTOR to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR
may have in the real property described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its
appurtenances.
The specific terms of this deed are:
Grantor (Give.names(s) and place(s) of residence: if the spouse of the owner-granter is joining in this Deed to release
homestead rights identify grantors as husband and wife.)
Ellen M. Benson
52401 WCR 49
Nunn, CO 80648
Grantee: (Give name(s) and address(es). statements of address. including available road or street number, is required.)
Randy Floyd Benson
52401 WCR 49
Nunn, CO 80648
Form of Co-Ownership: (If there are two or more grantees named, they will be considered to take as tenants in
common unless the words"in joint tenancy"or words of the same meaning are added in the
space below.)
Property Description: (Include county and state.)
A parcel of land described as follows: Beginning at a point which is
the SE corner of the SE Quarter of Section 12, Township 9N, Range 65 West
of the 6th P.M. and running from thence West upon the south line of said
Section for a distance of 208.71 feet to a point; Running from thence
North upon a line parallel to the East line said land, for a distance of
208.71 feet to a point; From thence running East upon a line parallel to
the South line of said land for a distance of 208.71 feet to a point of
intersection with the said East line of said land; From thence running
South upon said East line 208.71 feet to the place of beginning. Said
land containing one acre, more or less. County of Weld, State of Colorado.
it
Property Address:
0
O
a Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey less than he
5 owns. or of the GRANTOR is restricting the GRANTEES right in the property, make
`-° appropriate indication.) Easements, reservations and restrictions
of record. i''
�A�✓ /t9
Executed by the Grantor on 2 n 92
signature Clause for Corporation.Partnership or Anociallon: Signature Clouse for lndlyldual(a):
c•-0
�n
Name of Grantor Corporation. Partnership or Association Ellen M. Benson Grantor
By
Grantor
By
Grantor
Attest.
STATE OF COLORADO ss. „J
COUNTY OF WELD ) / �i ----�/'
The foregoing instrument was acknowledged before me this "4/s- day of, /(4/4"--'2yt 19 92
By . Ellep. M. Benson
C. u2-11-7
P
WITNESS my nand andgll�c ipQ (/�'
Mgtimmissionre soiree�NF/�/ /r � llh�� Nob Publ
t ry
SST }T00.5 . ) ss.
CQUNT%OF C, • r I
} O 19
Th�{o'rpQ0iR4 1pa�me,At Wd3acknowledged Del Ore me this day of
BY'•name indQQiSuaccr nmr(s)or Grantors Corporation.Partnership or Association.then identity signers as president or vice president and secretary or
assistant secretary of corporation,or as partnerts)of partnership,or as authorized member(s)of association I
WITNESS my hand and official seal.
My commission expires: Notary Public
1961 UPDATE LEGAL FORMS O
P O Boa 1815-Greeley.Colorado 50632
(303) 3S6-6350 NO 203
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WELD COUNTY ROAD 106 �'
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1 WEST 208 71
The level of certainty of dimensions to
possible encroachments or structures •
SUBJECT PROPERTY DOE', NOT within one foot of the property line: Scale: = 40
LIE N FLOOD ZONE an i/or ea elneul i ne: shown hereon NM
NMI
,s nut preCl e enough for a pomdrve MINI IIIIIIII
Panel No.: NOT PRINTED cletertrhnuhon of some. pursuant to Rule O 20 40 80
Date: N01 PRINTF I) XVI—Minirnunl Standards for Improvement
Zone: "C" Location Certificates, a boundary survey
of subject property is recommended.
A parcel of land described as follows: BEGINNING at a point which is the GE corner of the SE
1/4 of Section 12, township 9 North, Range 65 West of the 6th P.M., Weld County Colorado, and
running thence West upon the South line of said Section for a distance of 208.71 feet to a
point; running from thence North upon o line parallel to the East line for a distance of 208.71
feet to- a point; from thence running East upon a line parallel to the South line of said land
for a distance ' of 208.71 feet to a point of intersection witfl the ;aid East line of said land;
frorn thence running '_South u n po said f riot line 208.71 feel to the place of HE GINNING.
2.3969 Weld County Road 106
Legal description provided by Land title Inc_ Co.
Qo MONUMENTS FOUND Commitment No. Flit 197549)
Easement information from recorded plat and/or provided by client unless otherwise noted.
Legoi description provided by client unless otherwise noted.
Apparent deed lines were determined from lines of occupation and/or existing monumentation shown hereon unless otherwise noted.
I hereby certify that this Improvement Location Certificate was prepared for Countrywide Home Loons , that, it is not a Land Survey Plot or Improvement
Survey Plat, and that it is not to be relied upon (or the establishment of fence, building, or other future imprdveMebt rlRtb.. I further certify that the improve
-merits on the above described parcel on s.pie ter 1 1999 . except utility connect ono, ore entirely W4}-4n/idle, bberdtrries of the parcel, except w shown,
that there ore no encroachments upon the described premises by improvements on any adjoining premises; e>telpt es.inlo0ted,'and that there is no apparent
evidence or sign of any easement crossing or burdening any part of said parcel, except as noted.
NOTICE: The flood information which may be shown hereon is taken from "� �a� ➢ " ry ,
the Flood Insurance Rote Maps prepared by the U.S. Deportment of Housing < .z �r h- .2 ' fi
and Urban Development and/or from data supplied by local City or Town , ' , �i f/ 44 el ,I
authorities. Said flood information is provided as o courtesy to the client Ed VuJard Berlll=r,, 5
and is not a part of this certification. No effort has been mode to determine
the accuracy of said flood information. Date: e.pterpher 1 , 199g
NOTICE: This Improvement Location Certificate is prepared for the sole purpose of use by the mortgage lender, and the titleg'inturdnce company. It is not a
Land Survey Plat in accordance with C.R.S. 38-51-100.3 (5) or an Improvement Survey Plot in accordance With. C.R.S. 38,",5 T,410b.3 (2). It does not establish
property corners. The true representation of improvements to the boundary lines can only be determined by an 7ltbprdvetnent`Survey or Land Survey. The improve
—ments are generally situated as shown and only apparent improvements and encroachments are noted. Land slAveyor3 of Gblorado, and Edward L. Berber, will
not be liable for more than the cost of this Improvement Location Certificate and then only to the Client specifically shown hereon or in our files by signed
work authorization. This certification shall not and does not extend to third parties. Acceptance and/or use of this instrument for any purpose, constitutes
agreement by all parties to all terms stated hereon.
CLIENT: Countrywide Home Loans
2028 .35th Avenue, Suite B LAND SURVEYORS OF COLORADO
Greeley, Colorado 80634
526 21th Street Phone: 970-48--9I to Greeley
Greeley. Colorado 80631 g*-.493-♦173 Fort Collins
CASE NO.: Benson . 9+t'-352-1750 Pax
SCALE an I DATE/ X99 I DRAWK.B.Y I BOOK] PACE I REVISED/99
EV I SED�9I FILE(E(4 D4BERi '
Account I
Mine? I Twn? I BIk/Lot I Condo?I Magill Sales? H
R0367686 N Owner Name/Ad fiat Q r
BENSON ELLEN M Legal Description
Year District 52401 WELD CO RD 49
NUNN CO 80648 14774 S 12 9 65 EXC 1A IN SE COR
1999 0915 SDS(6R)2
Apr Dist St
A
Parcel Number MH Space Sequence
045712000004
$ e j"' �# " ri � #q+!P&1
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