HomeMy WebLinkAbout990231.tiff RECORD AND RETURN TO: ' '
1ST CHOICE BANK
' 2164 '35THAVENUE
GREELEY, COLORADO 80634
2414040 B-1466 P-252 11/04/94 02:58P PG 1 OF 6 REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 30.00
AR2414040
[Space Above This Line For Recording Data]
DEED OF TRUST CMILD2457
THIS DEED OF TRUST("Security Instrument")is made on NOVEMBER 01 , 1994 ,among the grantor,
DAVID P. MILLER AND DONNA J. MILLER
("Borrower'),
the Public Trustee of WELD County("Trustee"),and the beneficiary,
1ST CHOICE BANK ,
which is organized and existing under the laws of THE STATE OF COLORADO ,and whose address is
2164 35TH AVENUE,
GREELEY, COLORADO 80 634 ("Lender").Borrower owes Lender the principal sum of
NINETY FIVE THOUSAND AND 00/100
Dollars(U.S.$ 95,000.00 ).This debt is evidenced by Borrower's note dated the same date as this Security Instrument
("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
NOVEMBER 01, 2024, This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note,
with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest,
advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performance of Borrower's covenants
and agreements under this Security Instrument and the Note.For this purpose, Borrower,in consideration of the debt and the
trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property
located in WELD County,Colorado:
LOT 3, ORR-MINOR SUBDIVISION, WELD COUNTY, COLORADO, TOGETHER WITH AN EASEMENT FOR
INGRESS AND EGRESS OVER AND ACROSS LOTS 1 AND 2, ORR-MINOR SUBDIVISION, SAID EASEMENT
BEING MORE PARTICULARLY SHOWN AS ROCKY ROAD ON THE PLAT OF SAID SUBDIVISION.,z,:cp .CPy c p�po)
which has the address of 30867 ROCKY ROAD ).<ie)OpV ,
I��n N-C'
GREELEY ,Colorado 80634 Sei4ertyperty Address");
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TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,appurtenances, and
fixtures now or hereafter a part of the property. AB replacements and additions shall also be covered by this Security
Instrument.All of the foregoing is referred to in this Security Instrument 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 of record. Borrower warrants and will
defend generally the title to the Property against all claims and demands,subject to any encumbrances of record.
.Dillon
COLORADO- Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT I 14
Colo-06/91 Page 1 of 6
990231
,.
•
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
'variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
1 Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2.Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note,until the Note is paid in full,a sum("Funds")for:(a)yearly taxes
and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold
c payments or ground rents on the Property,if any;(c)yearly hazard or property insurance premiums;(d)yearly flood insurance
wo premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in
accordance with the provisions of paragraph 8,in lieu of the payment of mortgage insurance premiums.These items are called
"Escrow Items."Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for
N a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement
Procedures Act of 1974 as amended from time to time,12 U.S.C.§ 2601 et seq. ("RESPA"),unless another law that applies to the
Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser
amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures
•i of future Escrow Items or otherwise in accordance with applicable law.
o The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
-t (including Lender,if Lender is such an institution)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the
Escrow Items.Lender may not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or
c verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make
such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting
service used by Lender in connection with this loan,unless applicable law provides otherwise.Unless an agreement is made or
ri applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender may agree in writing,however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made.The Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for
the excess Funds in accordance with the requirements of applicable law.If the amount of the Funds held by Lender at any time
is not sufficient to pay the Escrow Items when due,Lender may so notify Borrower in writing,and,in such case Borrower shall
pay to Lender the amount necessary to make up the deficiency.Borrower shall make up the deficiency in no more than twelve
i' monthly payments,at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds
held by Lender. If, under paragraph 21,Lender shall acquire or sell the Property, Lender,prior to the acquisition or sale of the
CI
Property, shall apply any Funds held by Lender at the time of acquisition or sale 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 1 and 2 shall be applied:first, to any prepayment charges due under the Note; second,to amounts payable under
paragraph 2;third,to interest due;fourth,to principal due;and last,to any late charges due under the Note.
4.Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents,if any. Borrower shall pay
these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time
directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the
payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in
writing 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 opinion operate to prevent the
enforcement of the lien;or(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over
this Security Instrument,Lender may give Borrower a notice identifying the lien.Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
5.Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire,hazards included within the term "extended coverage" and any other hazards,including
floods or flooding,for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval
which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's
option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
FF72-05/91 Page 2 of 6 990231 / (
rottlection of Lender's Rjqhts in the Propety
insurance ponces an renewals s acceptable to Lender and snail include a standard mortgage clause.Lender shall
have the right to hold the policies and renewals.If Lender requires;Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
' Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the
Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened.If the restoration or
repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to 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,then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under
paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from
damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
6.Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after
the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least
one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably
withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage
or impair the Property, allow the Property to deteriorate,or commit waste on the Property.Borrower shall be in default if any
forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture
of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest.
Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the
Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower
shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or
statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the
Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence.If
this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee
title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7.Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained
in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this
paragraph 7,Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of
disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment.
8.Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect.If,for any reason,
the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required
to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to
the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effect. Lender will accept, use and retain these payments a loss reserve in lieu of mortgage insurance. Loss reserve
payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period
that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay
the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for
mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9.Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
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FF79-06/91 page 3 of 8 99023 i� IN
10.Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this
Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured
by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total
amount of the sums secured immediately before the taking, divided by(b)the fair market value of the Property immediately
before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the
taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall
be applied to the sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds,at its option,either to restoration or repair of the Property or to the sums
secured by this Security Instrument,whether or not then due.
Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11.Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower
shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be
required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or
preclude the exercise of any right or remedy.
12.Successors and Assigns Bound;Joint and Several Liability;Co-signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Sp+9XAny
Instrument but does not execute the Note: (a)is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums
secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted limits, then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and(b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment
to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge
under the Note.
14.Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it
by first class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or
any other address Borrower designates by notice to Lender.Any notice to Lender shall be given by first class mail to Lender's
address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security
Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15.Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to
be severable.
16.Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17.Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in
it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this
Security Instrument.However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date
of this Security Instrument.
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rr74.06141 990231
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If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less
than 30 days.from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
18.Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days(or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument;or(b)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower:(a)pays
`p Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)
cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,
including,but not limited to,reasonable attorneys'fees;and(d)takes such action as Lender may reasonably require to assure
that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by
this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligations secured hereby shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall
P. not apply in the case of acceleration under paragraph 17.
in i 19.Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
ca Instrument)may be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known
o as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument.There also may be one
or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be
given written notice of the change in accordance with paragraph 14 above and applicable law.The notice will state the name
o and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any
other information required by applicable law.
20.Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property
tn+ that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on
the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential
o uses and to maintenance of the Property.
71- Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
• Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority,
o that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly
o take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
• Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used
in this paragraph 20, "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that
relate to health,safety or environmental protection.
NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph
17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to
cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the
default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may
result in acceleration of the sums secured by this Security Instrument and sale of the Property.The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure
proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale.If the default
is not cured on or before the date specified in the notice,Lender at its option may require immediate payment in
full of all sums secured by this Security Instrument without further demand and may invoke the power of sale
and any other remedies permitted by applicable law.Lender shall be entitled to collect all expenses incurred in
pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorneys'fees and
costs of title evidence.
If Lender invokes the power of sale,Lender shall give written notice to Trustee of the occurrence of an event of
default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to
Borrower as provided in paragraph 14. Trustee shall record a copy of the notice in the county in which the
Property is located.Trustee shall publish a notice of sale for the time and in the manner provided by applicable
law and shall mail copies of the notice of sale in the manner prescribed by applicable law to Borrower and to the
other persons prescribed by applicable law.After the time required by applicable law,Trustee,without demand
on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and
under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.
Trustee may postpone sale of any parcel of the Property by public announcement at e t' e and e of any
previously scheduled sale.Lender or its designee may purchase the Property at any sa
FF06-06/91 Pages of 99023
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser
wilt be entitled be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the
the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
expenses of the sale,including,but not limited to,reasonable Trustee's and attorneys'fees;(b)to all sums secured
by this Security Instrument;and(c)any excess to the person or persons legally entitled to it.
22.Release. Upon payment of all sums secured by this Security Instrument,Lender shall request that Trustee release this
Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security
Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any
recordation costs and the statutory Trustee's fees.
23.Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
24.Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument.
[Check applicable box(es)]
Adjustable Rate Rider [] Condominium Rider ❑ 1-4 Family Rider
El Graduated Payment Rider [] Planned Unit Development Rider Biweekly Payment Rider
Balloon Rider [] Rate Improvement Rider Second Home Rider
Other(s)[specify]
BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in
any rider(s)executed by Borrower and recorded with it.
Witnesses:
(Seal)
DAVID LLE f -Borrower
•
�l✓ (Seal)
DONNA J. MI LER -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
2414040 B-1466 P-252 11/04/94 02:58P PG 6 OF 6
[Space Below This Line For Acknowledgment]
STATE OF COLORADO , WELD County ss:
The foregoing instrument was acknowledged before me this 01ST day of NOVEMBER
1994 �tiU ,by DAVtE B. MILLER AND DONNA J. MILLER
WitnessNmy 6 offic
ial ocial seal: n n �-
Mycomn1ys'sion,expiresf;7.)y -9(p Notary Public
C071.11/91 Page 6 of 6 990231
AR24623133 2462383 B-1517 P-485 11/03/95 01: 17P PG 1 OF 1 REC DOC
Weld County CO Clerk & Recorder 6.00
RELEASE OF DEED OF TRUST
October 27. 1995 Date
David P. Miller and Donna J. Miller Grantor (Borrower)
1st Choice Bank Original Beneficiary (Lender)
November 22. 1994 Date of Deed of Trust
December 1. 1994 Recording Date of Deed of Trust
1469 2417329 Book and Reception (or) Page No. of Deed
BOOK NO. RECEPTION NO. Of Trust recorded in Weld County,Colorado.
TO THE PUBLIC TRUSTEE OF WELD COUNTY: (The Public Trustee to which the above Deed of Trust
conveys the said property)
Please execute this release, as the Indebtedness has been kitty paid and/or the terms and conditions of
the trust have been fully satisfied.
1st Choice Bank
Current Beneficiary (Lender)
Darrell D. Milk /Mater
� Name and Title of Agent
C\'�—�*
. Signature Signature
STATE OF Colorado . ) ss:
COUNTY OF Weld )
The foregoing was acknowledged before me this 27th day of October
1� y«ΡP4rrell D. McAllister
•,� '1 � Choice Bank •
4VITNE�SSiny hhod and official seal /J •1/4---)4..r
yl9momtryssidri: Moires: /- Z (� -9� Cc vL \ lll���Z2z
<lca� Q� , C • C otary Public
KNOW ALL MEN, that the above referenced Grantor(s), by Deed of Trust, conveyed certain real properly
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,al 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, I, as the
Public Trustee in the County first referenced above,do hereby remise,release and quit claim 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 I have under and by virtue of the aforesaid Deed of Trust In
the real estate described therein, to have and hold the same, with all the privileges and appurtenances
thereunto belonging forever; and further I de by fully and absolutely release, cancel and forever
discharge said Deed of Trust. N0V 0 2 19s
/n
KEVIN J. STARKS
by e.fLst V /1.4/ C tr
PUBLIC TRUSTEE DE UTY PUBLIC TRUSTEE
STATE OF COLORADO ss:
COUNTY OF WELD )
The foregoing was acknowledged before me this ark( day of Now.rnh
19 116 by DONNA L. SCHMIDT as the Deputy
Public Trustee of Weld County, Colorado '447
a'
,fi t d ta -
WITNESS my hand and official seal. ) Q �4
My commission expires: la - a 1- Vika E F - ....
1 Notary Public
No.3563232 Rev.8180 St Choice Bank I 9190212164 35th Avenue 0.123
Greeley, CO 86634 d v,
Ajt241'1329 - ' ))JN E D OF TRUST
'I. PARTIES:This Deed of Trust is made on NOEMB
ER 2'6. 4 , among the Grantor, DAVID P. MILLER AND DONNA
J. }TILLER, r
("Borrower"), the Public Trustee of WELD
County, in the State of Colorado ("Trustee"), and the Beneficiary, 1ST CHOICE BANK
whose address is 2164 35TH AVENUE GREELEY, CO 80634
("Lender").
CONVEYANCE: For value received, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the real estate described
below and all rights, easements, appurtenances, rents,leases and existing end future improvements and fixtures (all called the "property").
BORROWER'S MAILING ADDRESS: 30867 ROCKY ROAD , GRE.FT,F'y CO 80634
(Street) (city) (State) (Zip Code)
PROPERTY ADDRESS: 30867 ROCKY ROAD , GREET EY , Colorado 80634
(street) (City)
Zip Cedel
LEGAL DESCRIPTION: IM 3, ORRNIINOR SUBDIVISION, WELD COUNTY, COLORADO, TOGETHER WITH AN
EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS LOTS 1 AND 2, ORR-MINOR SUBDIVISION,
SAID EASEMENT BEING MORE PARTICULARLY SHOWN AS ROCKY ROAD ON THE PLAT OF SAID
SUBDIVISION.
CANCEL I. F
AJOV 02
1995
Kpu!;(i. 5�ARKS
WELD CO. I(`COLORADO
i'A, COLORADO
FEE
2417329 B-1469 P-696 12/01/94 03:20P PG 1 OF 2 REC DOC
Weld County CO Qerk & Recorder 10.00
•
located in WELD County, Colorado.
TITLE:Borrower covenants and warrants tits to the property, except for encumbrances of record, municipal and zoning ordinances, current
taxes and assessments not yet due and
SECURED DEBT: This deed of trust secure to lender repayment of the secured debt and the performance of the covenants and agreements
•
contained in this deed of trust and it any ether document incorporated herein. Secured debt, as used in this deed of trust, includes any
amounts Borrower owes to Lender oder tie deed of trust or under any instrument secured by this deed of trust and all modifications,
extensions and renewals thereof.It,secued debt is evidenced by(List all instruments and agreements secured by this deed of trust and
dates thereoU•PROMIESORY Nf,PE Cr EVEN DATE AND AMOUNT.
The above obligation is due and payaleon NOVEMBER 28, 1999 if not paid earlier.
The total unpaid balance secured by is deed of trust at any one time shall not exceed a maximum principal amount of TWENTY
FIVE THOUSAND AND NO 100 * * * * * * * * * * * Dollars (a 25,000.00
1, plus interest,
plus any amounts disbursed under theterms of this deed of trust to protect the security of this deed of trust or to perform any of the
covenants contained in this deed of tat, with interest on such disbursement.
0 Future Advances:The above debt's°cured even though all or part of it may not yet be advanced. Future advances are contemplated
end will be secured to the same ate,as if made on the date this deed of trust is executed.
❑Variable Rate:The interest rate o the,bligation secured by this deed of trust may vary according to the terms of that obligation.
❑A copy of the loan egreemer con•ining the terms under which the interest rate may very is attached to this deed of trust and
made a part hereof.
RIDERS: ❑Commercial 0 0
SIGNATURES: • r agree:to the terms and covenants contained in this deed of trust,including those on page 2 and in
an jlSigne y Borr er acre tov )war also acknowledges receipt a copy of thin ide of trust.
//>) _• X - '2,1 \. 7/ 4,
VID . KILLER •
ACKNOWLEDGMENT:STATE OF CODRa0, wELpe "-�.� / County n:
Thl;instrument wee emood®od before me this .,1 day of /`eirtA ---6-.4-`, /9 9 y
by DAVID P. MI DONNA J. MITI R.
(Title(s))
Corporate or (Name of Corporation or Partnership)
PwtnereNo [°f
T'p/b/,,,,k
Acknowledgment on behalf of the corporation or partnership.
. p•. .,
Witnessmi1 9nd,el ; .2(p —I p
• .* U '•Q
Jc C A
• My comrws�i h 1SPve : Ocll., Gc--)t
'k d•°� �'V ( otary P d
•
&ga% e''o``S� COLORADO
jt�� e
O 1686 BANKERS SYSTEMS INC< iEttIll 3Qs'tft 0-387.43411 FORM OCP-PATS-CO 7/3/al 990231 /page 1 of 21
//1/4/01,41.0 r� O .V
APPLICABLE tAW: the law of the stet(,hlch you ere located will DEFAULT:I will be in default if any one or more of the following occur:(1)I
govern willth not be effective,rm of nlesathis the le note
i is contrary to applicable fail to make a payment on time or in the amount due; (2) I fail to keep the
such a variation. If any K' I is you and me to agree to property insured, if required: 13) I fail to pay, or keep any promise, on any
according to its terms,it provision is fact willthis anent cannot be enforoed debtor agreement I have with you;(4)any other creditor of mine attempts to
of this agreement. No modlpca p the enforceability of the collect any debt I owe him through court proceedings;(8)I die,am declared
made remainder oft is a reemen written dorm if this agreement may be incompetent, make an assignment for the benefit of creditors, or become
this agreement. lime is of the (seers( in insolvent(either because my liabilities exceed my assets or I am unable to
PAYMENTS: E�c^I nr pe any written statement or
a payment I make on Valeta will first reduce the pprovide any financial information my debts as they become that is ue); untrue o) I r inencurate et the time It wan
lm unmainder ofto each payment as whiill +,th seetnmt Intetaet Iva pmaapal. nowliladl hY1 I do ol tall m do something which causes you to believe that you
andthe m unpaid principal. you end I q;ee* accrued unpaid interest, will have difficulty collecting the amount l owe you;18)any collateral securing
payments,then p ipa. If our a end
ra different application of this note is used in amannelor for a purpose which threatens confiscation by
y en , we ee will e of this el tibia note. I may prepay a a legal authority; (9) I chinge my name or assume an additional name
pr of,
the contrary irery balanceon this nthise. n shout penalty, unless we without first notifying you before making such a change;(10) I fail to plant,
excuse to reduce any later scheduled pa dly gent phial prepayment will not cultivate and harvest crops n due season if I am a producer of crops;(11)any
(unless, when I make the-prepayment,p Yant Ion this note is paid in full loan proceeds are used for 'purpose that will contribute to excessive erosion
contrary). el ant agree in writing to the of highly erodible lad or to the conversion of wetlands to produce an
INTEREST: If I receive the . - ` agricultural commodity,as'hither explained in 7 C.F.R. Part-1940,Subpart
principal io-leSg Ian one advance, each G, Exhibit M. -
advance Will start to earn •interest only vier I'Sive the advance. The I REMEDIES: If I am in default on this note you have;but are not limited to,
interest rate in effect on this note-et et grvutime will apply to the- -the following remedies:
entire principal dvanced et rl-* -,a N � -- o ... ....... -.
contrary, I do not agree to wrthlAnd to charging any the - (1)'note
may demand fired unpaid interest nyment of all I owe accrued e.under es)
fg than .0 C•,a (And charge rate note(principal, peered unpaid and other to Charges).
ch interest that is higher t 'I'joe of pf interest,youage could (2) of . may set off tin debt against the tt'I have toe "the-payment
charge under applicable law forti :anon of �,pdet that is a red to of money from here (either before or after n,' irity,. it ® g yet, subject to the terms of the "Set-Off"
sent and is in error, we m. n /hotic(sf interest accrual is paragraph herein. - - -
'v v agree t+oerrois; and if you actually (31 You may demand a ay thi additional security, or additional parties
collect more interest than .ved by)(wind this greamant, you agree to be obligated to day this note as a condition for not using any
to refund it to me. other remedy.
INDEX RATE: The inde- trill serve only as device i• setting the rate on 14) You may refuse to make advances to me or allow purchases on
this note. You do no -aarantee by setacl.g this x+ex, or the margin, credit by me.
that the rate or - ,.:re will be the same•yta outhar•e on any other
w.
loans or class ?r roans to me or other borrowra.y By(sel selecting any one use any more of these remediesou have r a you dotate or fnot givederal e up your
ACCRUAL METHOD: The'amount of interes.that I lll,pay.on this loan right to later use any other remedy. By waiving your right to declare an
will be calculated,using the interest rate al)l accru method stated on event to be a default, you do not waive your right to later consider the
page 1 of this.note, For the purpose of.intact cailation,the.accrual event as a default if it continues or happens again.
method will determine the number of days'" a year." If-no 'accrual COLLECTION COSTS AND ATTORNEY'S FEES: I agree to pay all costs of
methodcalculating
i stated, then you may•use any reeUnabb,accrual method,for collection, replevin or any other or similar type,of cost if I am in default.
interest. •
In addition, if you hire an attorney to collect this note, I also agree to pay
POST MATURITY RATE; For purposes'of 4cit g when the "Post any fee you incur'with such attorney plus court costs (except where
Maturity Rate" (shown on page 1) applies,the te. maturity" means the prohibited by law). To the extent permitted by the United States
date of the last scheduled payment indicated ea'µge 1 of this note or Bankruptcy Code, I also agree to pay the reasonable attorney's fees end
the date you accelerate payment on the note, wljosver is eerier. costs you incur to collect this debt as awarded by any court exercising
SINGLE ADVANCE LOANS: If this is a singleaaance loan, you and I jurisdiction under the Bankruptcy Code.
expect that you will make only one advance I frncipal. However, you WAIVER: I give up my rights to require you to do certain things. I will not
may add other amounts to the principal, if gnu make any payments require you to:
described in the "PAYMENTS BY LENDER"parnresh below. (1) demand payment of amounts due(presentment);
MULTIPLE ADVANCE LOANS: If this is a rrultile advance loan,you and I (21 obtain official certification of nonpayment(protest);or
expect that you will make more than one edvnge of principal. If this is (3) give notice that amounts due have not been paid (notice of
closed end credit, repaying a part of the rrinipel will not entitle me to dishonor).
additional credit. OBLIGATIONS INDEPENDENT: I understand that I must pay this note
PAYMENTS BY LENDER: If you are authcried to pay, on my behalf, even if someone else has also agreed to pay it (by, for example, signing
charges I am obligated to pay (such as plc,erty insurance premiums), this form or a separate guarantee or endorsement). You may sue me
then you may treat those payments made b'you to advances and add alone, or anyone else who is obligated on this note, or any number of us
them to the unpaid principal under this rte, or you may demand together, to collect this note. You may do so without any notice that it
immediate payment of the charges. has not been paid (notice of dishonor). You may without notice release
SET-OFF: I agree that you may set off any amnnt duo and payable under any party to this agreement without releasing any other party. If you give
this note against any right I have to receive mney from you. up any of your rights, with or without notice,it will not affect my duty to
_
"Right to receive money from you" means: . ' pay this note. Any extension of new credit to any of us, or renewal of
(11 any deposit account balance I have with lnu; this note by all or less than all of us will not release me from my duty to
(2).any money owed to me on an item presented to you or in your pay it. (Of course, you are entitled to only one payment in full.) I agree
possession for collection 0T exchange; Eno that you may at your option extend this note or the debt represented by
(3) any repurchase agreement or other nondepash obligation. this note, or any portion of the note or debt, from time to time without
"Any amount due and payable under this note" means the total limit or notice and for any term without affecting my liability for payment
amount of which you are entitled to demand gay:lert under the terms of of the note: I will not assign my obligation under this agreement without
this note at the time you set off. This total inrush,my balance the due your prior written approval.
date for which you properly accelerate under this note CREDIT INFORMATION: I spree and authorize you to obtain credit
If my right to receive money from you is alio owned by someone who information about me from time to time (for example, by requesting a
has not agreed to pay this note, your right of set-c'f will apply to my credit report) and to report to others your credit experience with me(such
interest in the obligation and to any other amounts I could withdraw on as a credit reporting agency). I agree to provide you, upon request, any
my sole request or endorsement. Your right of net-of does not apply to financial statement or information you may deem necessary. I warrant
an account or other obligation where net right, are only as a that the financial statements and Information I provide to you are or will
representatve. It also does not apply to an/ lnrevidual Retirement be accurate, correct and complete.
ccount or other tax-deferred retirement account. NOTICE: Unless otherwise required by law, any notice to me shall be
You will not be liable for the dishonor of enr check when the dishonor given by delivering it or by mailing it by first class mail addressed to me
occurs because you set off this debt against my of my accounts. I agree at my last known address. My current address Is on page 1. I agree to
to hold you harmless from any such claims .(rising at a result of your inform you in writing of an"change in my address. I will give any notice
exercise of your right of set-off. ; to you by mailing it first class to your address stated on page 1 of this
REAL ESTATE OR RESIDENCE SECURITY: If this note i4 secured by real agreement,or to any other address that you have designated. - •
estate or a residence that is personal property,the existence of a default
and your remedies for such a default will be determined by applicable
law, by the terms of any separate instrument creating the security
interest and, to the extent.not prohibited by end not contrary to the <
terms of the separate -security instrument,'by ,the,."Default" and
"Remedies" paragraphs herein. - ' I" , „ , -
. . .,,, , ,
�-
DATE OF - PRINCIPAL BORROWER'S I PRINCIPAL PRINCIPAL INTEREST , INTEREST, t INTEREST '
TRANSACTION ADVANCE INITIALS PAYMENTS BALANCE - RATE PAYMENTS. ,PAIO
(not requirMl I .., THROUGH:
y / - $ $ 9 % $ /, I.
/ ,/ $ - 9 $ - % $
/ / $ 9 $ % $ _ / /
/ / $ _ $ $ % 9 / /
/ / $ s 9 _ % $ / /
/ / $ I$ $ 46 $ / /
/ / S I9 $ % $ / /
/ / 9 S . $ _ % $ / /
/ / $ 9 9 % $ / /
_
/ / $ 9 $ % $ / /
o.
(page 2 of 2)
BANKERS SYSTEMS,INC.,S' - 'O,MN 5630111-500-397-2341)FORM UN 2/10/92
DAVID P. HITLER 1ST CHOICE BANK ACCOUNT #: 3002995 DONNA J. M1T.TP! 2164 35TH AVENUE Loan Number cam. `0,9171:S3__
30867 ROCKY ROAD GREELEY, CO 80634 Date NOVEMBER 28, 194 J. 6:.1
GREQFY, CO 80634 Maturity Date NOV. 28, 1999
Loan Amount $ 25,000.00
BORROWER'S NAME AND ADDRESS Renewal Of
DER'S(e NAME AND DRESS
"I"includes each borrower above,joint and severally. "You" s the(ppder s ors and assigns..
QM
For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of TWENTY FIVE THOUSAND AND
NO 100* * * * * * * * * * * * * * * * * * * * *►�Ey*. t, v_PIKS Dollars $ 25,000.00
fl Single Advance:I will receive all of this principal sum on 'a a': AtiT.,�H + r To additional advances are contemplated under this note.
0 Multiple Advance:The principal sum shown above is the maxiwtrp,Dpagiti• brincipal I can borrow under this note- On
I will receive the amount of $ and future principal advances are contemplated,
Conditions:The conditions for future advances are
0 Open End Credit: You and I agree that I may borrow up to the maximum amount of principal more than one time.This feature is subject to
all other conditions and expires on
0 Closed End Credit:You end I agree that I may borrow up to the maximum only one time (and subject to all other conditions).
INTEREST:I agree to pay interest on the outstanding principal balance from NOVEMBER 28, 1994 at the rate of 10.500 %
per year until NOVEMBER 28, 1999
❑ Variable Rate:This rate may then change as stated below.
❑ Index Rate:The future rate will be the following index rate:
0 No Index:The future rate will not be subject to any internal or external index. It will be entirely in your control.
0 Frequency end Timing:The rate on this note may change as often as_
A change in the interest rate will take effect
0 Limitations: During the term of this loan, the applicable annual interest rate will not be more than
% or lase than
Effect of Variable Rate:A change in the interest rate will have the following effect on the payments:
❑ The amount of each scheduled payment will change. ❑ The amount of the final payment will change.
ACCRUAL METHOD: Interest will be calculated on a AC UAL,365 basis.
POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below:
❑ on the same fixedlor variable rate basis in effect before maturity(as indicated above).
la at a rate equal to NOTE RATE PLUS 4.00%
❑ LATE CHARGE:If a payment is made more than days after it is due, I agree to pay a late charge of
i1 DDMOs'AI•CHARGE,:In addition to interest. I agree t:pay the following charges whioil E are D are not included in the principal amount
above:
PAYMENTS:I agree to pay this note as follows:
❑ Interest: I agree to pay accrued interest
❑ Principal: I agree to pay the principal
la Installments: I agree to pay this note in 60 payments.The first payment will be in the amount of $ 276.42
and will be due DECEMBER 28, 1994 .A payment of $ 276.42 will be due
EACH MX1TH
thereafter. The final payment of the entire
unpaid balance of principal and interest will be due NOVEMBER 28, 1999
ADDITIONAL TERMS:
30867 ROCKY ROAD
C1212EELEY, CO 80634 T
• !-,nLSI
•
•
t.
PURPOSE:The purpose of this loan is CONSUMER: SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE (INCLUDING
CONSTRUCTION OF GARAGE - THOSE 2Tn1oda
' ateetursforder [I' y( . MILLERS.
UNIVERSAL NOTE _
a 1984,1991 RANKERS SYSTEMS,INC.,ST.CLOUD,MN(1-600-357-23411 FORM UN 5/90/91
990231
B 1418 R 02365505 12/22/93 15 :3_ $5 .00 1/001
AR2365505 F 0802 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
WARRANTY DEED
THIS DEED, Made this 22nd day of December, 1993 between
Ed Orr
of the County of Weld and
State of Colorado, grantor, and David P. Miller and Donna J. Miller STATE DOCUMENTARY FEE
Date /2';2.93
whose legal address is 3408 34th Avenue, Greeley, Colorado 80634 5 sV,l
of the County of Weld and State of Colorado, grantees:
WITNESS that the grantor for and in consideration of the sum of FIFTY FIVE THOUSAND
AND 00/100, ($55,000.00) Dollars, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns
forever, not in tenancy in common but in joint tenancy, all real property, together
with improvements, if any, situate, lying and being in the County of Weld and State
of Colorado, described as follows:
Lot 3 Orr Minor Subdivision, a subdivision of the County of Weld, State of Colorado.
TOGETHER WITH an easement for ingress and
egress over and across Lots 1 and 2, Orr Minor Subdivision, said easement being more
particularly shown as Rocky Road on the Plat of said subdivision.
/\O)4)(1
Ke. also known by street and number as Vacant land, Weld County, Colorado
D TOGETHER with all and singular the hereditaments and appurtenances thereunto
e ' ". belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto- the grantees, their heirs and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantees, their heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, an lee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 1993 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantees, their heirs and assigns, against
all and every person or persons lawfully claiming the whole or any part thereof.
The singular cumber shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
Ed Orr.
STATE OF COLORADO }
} ss. The foregoing instrument was acknowledged before me
County of Weld } this 22nd day of December, 1993
by Ed Orr",,! . ,.
i • ' Witness my hand and official seal.
�'sa r My commission expires u2y ice — iwt,�/S
SC::, ....ry 4 y
4( 1:
N F'C:'(- .�^'� Tenth
PU IC
1113 Tenth venue
No. 921A. Rev. 3-85 Greeley, Colorado 80631
990231
•
•
o'clock
' AR241i0y1 •
M.,
2414041 B-1466 P-253 11/04/94 02:59P PG 1 OF 1 REC DOC
Mary Ann Feuerstcin Weld Co. , Clerk & Recorder 5.00
COLORADO ASSIGNMENT OF DEED OF TRUST
Date of Assignment NOVEMBER 01, 1994
Assignee FIRST STATE BANK OF MAPLE PARK
Address 1100 SOUTH COUNTY LINE ROAD, P.O. BOX 218
MAPLE PARK, ILLINOIS 60151
Assignor 1ST CHOICE BANK
Address 2164 35TH AVENUE
GREELEY, COLORADO 80634
Date of Deed of Trust NOVEMBER 01, 1994
Recording Date of Deed of Trust RECORDED SIMULTANEOUSLY HEREWITH
County of Recording WELD
Book No. Page No.
Film No. Reception No.
KNOW ALL MEN BY THESE PRESENTS that DAVID P. MILLER AND DONNA J. MILLER
did grant,bargain,sell and convey the property described in the Deed of Trust to the Public Trustee in the County in which said property
is located,to be held in trust to secure the payment of a Promissory Note for the original principal sum of$ 95,000.00
together with interest.
NOW THEREFORE, in consideration of the sum of TEN AND NO/100ths DOLLARS and other good and valuable consideration,
paid to the assignor,the receipt and sufficiency of which is hereby acknowledged,the said assignor hereby assigns unto the said assignee,
the said Deed of Trust and note secured thereby,together with all moneys now owing or that may hereafter become due or owing in respect
thereof,and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said assignor hereby grants
and conveys unto the said assignee, the assignors beneficial interest under the Deed of Trust which creates a lien on the following
described property,situate in the County of WELD ,State of Colorado,to wit:
LOT 3, ORR—MINOR SUBDIVISION, WELD COUNTY, COLORADO, TOGETHER WITH AN EASEMENT FOR
INGRESS AND EGRESS OVER AND ACROSS LOTS 1 AND 2, ORR-MINOR SUBDIVISION, SAID EASEMENT
BEING MORE PARTICULARLY SHOWN AS ROCKY ROAD ON THE PLAT OF SAID SUBDIVISION.
: .7,
4 , .-
also known by street and number as: 30867 ROCKY ROAD
GREELEY, COLORADO 80634
TO HAVE AND TO HOLD the said Deed of Trust and note, and also the said property unto the said assignee forever, subject to the
terms contained in said Deed of Trust and note.
And the said assignor hereby covenants with the assignee that the said Deed of Trust and note hereby assigned is a good and valid
security and that the sum of NINETY FIVE THOUSAND AND 00/100
dollars remains unpaid on the said note and that the said assignor has not done or permitted any act, matter or thing whereby the said
Deed of Trust has been released or discharged,either partly or in entirety and has the right to assign said Deed of Trust and note and will
upon r,51$j,off:'peirform and execute every act necessary to enforce the full performance of the covenants and agreements therein
contaf'ned anfl fS&4his assignment and the covenants herein shall inure to the benefit and extend to and be binding upon the heirs,
personal repWsentgtili4successors and assigns of the respective parties hereto.
EST WIt/ 9j3 OF,' the assignor has executed these presents the day a r first above written.
" :r • „ �.
•
E (p : ,� frt O;, 1i. 1ST CH CE BANK
Qtteeb: `� /it,/ ; O 7
"•,A•,I .v f,.11 � , P Y L. PROTHE, VICE PRESIDENT
State ol'Cuiorado"
County of `WELD
The foregoing instrument was acknowledged before me on NOVEMBER 02, 1994 (date)by
PATTY L.
PROTHE VICE PRESIDENT OF 1ST CHOICE BANK
'_` QO_ `-TH 1 Date Commission Expire Pose Witness my hand and seal
O
P. KHAREN
MARTI
Notary Address Cfi C3 Notary Public
•WHEN RECORDED RETURN TO: 9PF ••
990231 BA13-12/89
.... -
IMPROVEMENT LOCATION CERTIFICATE
LEQAL DESCRIPTION
LOT 3, ORR-MINOR SUBDIVISION, WELD COUNTY, COLORADO, TOGETHER
WITH AN EASEMENT FOR INGREE AND EGRESS OVER AND ACROSS LOTS
1 AND 2, ORR-MINOR SUBDIVISION, SAID EASEMENT BEING MORE
PARTICULARLY SHOWN AS ROCKY ROAD.
\ c A
Z \�( • o 0
,-IS i.tC-' 0 cc35:11 I• '-
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NOTE: 'The exact location of property linos and fence lines can only be determined by a monumentod bounder/survey.The fence locations shown on
this sketch aro approximate.Ownership of fences cannot be determined by an Improvement Location Crtificale.
Unless otherwise noted,all easements shown hereon aro taken from recorded Plat. 31340E
E
BORROVice Miller _ LENDER First Choice Bank TITLECO. Weld County Tit;e
Snores of Legal Weld County Title Address SRneky Rnad • f;rorJ ay. rn
CERTIFICATEI tint y
A.
THAT ITS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT AND THAT BY ccnnry THAT TIIIR IMPROVEMENT LOCATION CERTIFICATE WAS IT IS NOT TO ED FOR E RELIED PON FOR THE)*e
ESTABLISHMC 7.0 `FENCE BUILDING OR OTHER FUTURE IMPROVEMENTS. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE
ABOVE•DEstsvpiAF c ON THIS DATE Ib-4'-co- EXCEPT UTILITY CONNECTIONS.ARE ENTIRELY,WITHIN,THE BOUNDARIES OF
THIS PARC�E+,1fj"'' 6`Ml+if '0SFIOWN;THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON
ANY cnossir'oti�F�t RE 744I G J Y PART OFS D SAID PARCTL,EXCEPT AS N,AND THAT THERE OS NOT APPARENT EVIDENCE TED.D. ACCORDING TO THE FLOOD INSURANCE RR SIGNS OF ANY ATE MAP Tills
PROPERtY((.I€ M Itt EE(4.09 .ONE A t L
r..7,I, A. Q
Z
BY ♦er R. 0"?tic -
COL IR . ,, 00
DATE DRAWN REVISIONS FILE NO.
10-4-'14 MP 941077
PAIGE
LAND SURVEYING INC.
1232 BOWWOOD DR..LOVELAND,COLORADO 80538
(303)635.9648 FAX(303)835.9865
990231
REAL ESTATE TAX AGREEMENT
Escrow No. : 8033657
It is hereby understood and agreed between the purchaser(s) and seller(s) of property
known as: Vacant land
Weld County, Colorado
that taxes for the current year have been adjusted as of this date as follows:
BASIS FOR PRORATION
Taxes have been prorated on an estimate of $26.56 for the year 1993.
AGREEMENT FOR READJUSTMENT
The above tax proration is considered to be final settlement.
ASSESSMENTS
It is further understood and agreed between the purchasers and the sellers that:
Special improvements now in are paid in full .
OTHER THAN TAX INFORMATION DISCLOSED ON THE CERTIFICATE OF TAXES DUE, THE INFORMATION
ABOVE WAS OBTAINED BY TELEPHONE FROM THE COUNTY ASSESSOR'S/TREASURER'S OFFICE AND/OR
APPROPRIATE CITY AUTHORITY. WE ACKNOWLEDGE THAT TRANSAMERICA TITLE INSURANCE COMPANY
SHALL NOT BE RESPONSIBLE FOR ANY READJUSTMENT OF TAXES AFTER CLOSING. WE HEREBY
RELEASE TRANSAMERICA TITLE INSURANCE COMPANY FROM ANY AND ALL LIABILITY FOR THE
ACCURACY OF THE VERBAL OR WRITTEN INFORMATION RECEIVED.
APPROVED AND ACCEPTED:
chaser(s) Seller(s)
�ctrjr,"" 1 e Id Orr
6,
on a . 1 er
This agreement executed this 22nd day of December, 1993.
ESCROW NO. : 8033657
990231
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