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HomeMy WebLinkAbout971300.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MERINDA DEUTCHER FOR VIOLATION OF THE WELD COUNTY ZONING ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Merinda Deutcher, VI #9700050, is allegedly in violation of the Weld County Zoning Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 8th day of July, 1997, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Merinda Deutcher, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until January 8, 1998, to allow adequate time for the property owner to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said violation be, and hereby is, referred to the Weld County Attorney's Office for legal action against Merinda Deutcher to remedy the violation of the Weld County Zoning Ordinance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until January 8, 1998, to allow adequate time for the property owner to bring the subject property into compliance. 971300 CG: PL) £14 d-eki?Iter PL0824 VI #9700050 - DEUTCHER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of July, A.D., 1997. ATTES Wel BY. Dep APPR� AS TO FORM: my Att BOARD OF COUNTY COMMISSIONERS WELD UNTY, COLO O eorge t . Baxter, Chair EXCUSED DATE OF SIGNING (AYE) Cnce L. Harbert, Qro-T, Dale K. Hall EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer W. H. 1 ebster 971300 PL0824 March 25, 1997 April 1, 1997 April 3, 1997 April 17, 1997 DATE: July 8, 1997 VIOLATION NUMBER: VI -9700050 NAME: Merinda (Mindy) Deutcher ADDRESS: 7404 W. 12th Street, Greeley, CO 80631 LEGAL DESCRIPTION: Lot 7, Block 2, Knaus Subdivision, 3rd Filing, Weld County, Colorado PARCEL NUMBER: 095908005007 CASE SUMMARY: March 20, 1997 Initial complaint received and referred to Julie Chester, Zoning Compliance Officer. Initial inspection of the property. Property is not in compliance. Five day encouragement compliance letter sent. Telephone conversation with Mindy Deutcher. Progress inspection of the property. Left note for property owner to call me. April 23,1997 Telephone conversation with Mindy Deutcher. April 23, 1997 Telephone conversation between Gloria Dunn, Current Planner and Mindy Deutcher. April 28, 1997 Thirty day Zoning Violation notice sent to the property owner. May 5, 1997 Gloria Dunn, Current Planner and Julie Chester, Zoning Compliance Officer met with Mindy Deutcher on the property. June 6, 1997 Progress inspection of the property. Property is still in violation. June 12, 1997 Letter sent to the property owner indicating that the violation case was scheduled before the Board of County Commissioners. The noncommercial junkyard and the commercial business is still located on the property, therefore is a violation of Sections 32.2.2, 32.2.3 and 32.2.3.4 of the Weld County Zoning Ordinance. To bring the property into compliance the noncommercial junkyard and the commercial business must be removed from the property. The Department of Planning Services also recommends that the County Attorney authorize legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 971300 ‘09;;; 1111De COLORADO June 12, 1997 Mindy Deutcher 7404 12th Street Greeley, CO 80631 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: VI -9700050 Legal Description: Lot 7, Block 2, Knaus Subdivision, 3rd Filing, Weld County, Colorado Dear Mrs. Deutcher: The property referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled a meeting with the Board of County Commissioners on July 8, 1997 at 10:00 a.m. to consider the violations occurring on the property. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call me. Sincerely, eC- Julie Chester Zoning Compliance Officer pc: VI -9700050 Gloria Dunn, Current Planner 971.3"0 P E R M I T S Id: MISC120 Keyword: UACT User: JCHESTER Additional Notations for Inspection item: 00400 Permit No: VI -9700050 Owner: DEUTCHER MERINDA S (MINDY) Status: ISSUED Location: 7404 12 ST Notice: NONCOMMERCIAL JUNKYARD LOCATED IN R-1 ZONE DISTRICT Line Insp. Date Text 1 06/06/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 06/06/97 WELD COUNTY ZONING ORDINANCE, SECTIONS 32.2.2, 32.2.3 AND 3 06/06/97 32.2.3.4. THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. 4 06/06/97 THERE IS STILL A COMMERCIAL BUSINESS AND A NONCOMMERCIAL 5 06/06/97 JUNKYARD LOCATED ON THE PROPERTY. THERE HAS BEEN SOME 6 06/06/97 PROGRESS MADE IN CLEANING UP THE PROPERTY, HOWEVER THERE IS 7 06/06/97 OUTSIDE STORAGE ASSOCIATED WITH THE COMMERCIAL EXCAVATING 8 06/06/97 BUSINESS WHICH CONSISTS OF EQUIPMENT AND VEHICLES. THE 9 06/06/97 BUSINESS DOES HAVE EMPLOYEES COMING TO AND FROM THE PROPERTY 10 06/06/97 ALSO. NO ONE WAS HOME AT TIME OF INSPECTION. 11 06/06/97 JULIE CHESTER, ZONING COMPLIANCE OFFICER Enter Option: A A=Add, C=Change, D=Delete, I=Inspect 06/12/97 Violation Up/Down/Enter=update Line and move light bar, F7=Update line Exit, ESC=exit Comment Added O.K. 971390 PERMITS Id: MISC120 Keyword: AACT User: JCHESTER Additional Notations for Inspection item 00400 Permit No: VI -9700050 Owner: DEUTCHER MERINDA S (MINDY) Status: ISSUED Location: 7404 12 ST Notice: NONCOMMERCIAL JUNKYARD LOCATED IN R-1 ZONE DISTRICT Line Insp. Date Text 1 05/07/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 05/07/97 WELD COUNTY ZONING ORDINANCE, SECTIONS 32.2.2, 32.2.3 AND 3 05/07/97 32.2.3.4. THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. 4 05/07/97 THERE IS A NONCOMMERCIAL JUNKYARD AND A COMMERCIAL 5 05/07/97 EXCAVATION BUSINESS LOCATED IN THE R-1 ZONE DISTRICT. I MET 6 05/07/97 WITH GLORIA DUNN, CURRENT PLANNER AND THE PROPERTY OWNER, 7 05/07/97 MINDY DEUTCHER AT THE TIME OF INSPECTION TO TRY AND COME UP 8 05/07/97 WITH A COMPROMISE ON THE PROPERTY. BASICALLY WE TOLD HER 9 05/07/97 THAT A COMMERCIAL BUSINESS IS NOT ALLOWED IN THE R-1 ZONE 10 05/07/97 DISTRICT. THERE IS OUTSIDE STORAGE, EMPLOYEES COMING TO AND 11 05/07/97 FROM THE PROPERTY AND AN ACCESSORY STRUCTURE USED FOR THE 12 05/07/97 BUSINESS. MINDY INDICATED THAT SHE HAD LIVED ON THE 13 05/07/97 PROPERTY FOR NINE YEARS AND HAD THE BUSINESS SINCE SHE LIVED 14 05/07/97 ON THE PROPERTY. MR. KNAUS APPARENTLY GAVE HER AND HER 15 05/07/97 HUSBAND PERMISSION TO HAVE THE COMMERCIAL BUSINESS IN THE 16 05/07/97 SUBDIVISION. MINDY INDICATED THAT NONE OF THE NEIGHBORS 17 05/07/97 CARE ABOUT THE COMMERCIAL BUSINESS AND WILL SUBMIT LETTERS 18 05/07/97 TO SUBSTANTIATE THAT. I WENT OVER THE VIOLATION PROCESS AND 19 05/07/97 TOLD HER THAT IF SHE WAS STILL NOT IN COMPLIANCE AFTER THE 20 05/07/97 THIRTY pAY PERIOD WE WOULD SCHEDULE HER TO APPEAR BEFORE THE 21 05/07/97 BOARD OF COUNTY COMMISSIONERS FOR THE VIOLATION HEARINGS. 22 05/07/97 SHE SAID SHE WOULD WORK ON THE NONCOMMERCIAL JUNKYARD, 23 05/07/97 HOWEVER HER HUSBAND DWAYNE PASSED AWAY ONE YEAR AGO AND SHE 24 05/07/97 DOES NOT WANT TO RELOCATE THE BUSINESS. SHE IS TRYING TO 21 05/07/97 BOARD OF COUNTY COMMISSIONERS FOR THE VIOLATION HEARINGS. 22 05/07/97 SHE SAID SHE WOULD WORK ON THE NONCOMMERCIAL JUNKYARD, 23 05/07/97 HOWEVER HER HUSBAND DWAYNE PASSED AWAY ONE YEAR AGO AND SHE 24 05/07/97 DOES NOT WANT TO RELOCATE THE BUSINESS. SHE IS TRYING TO 25 05/07/97 RAISE HER TWO TEENAGE SONS BY HERSELF AND STILL RUN THE 26 05/07/97 COMMERCIAL BUSINESS ON HER OWN. I TOLD HER THAT I WOULD 27 05/07/97 CHECK THE PROPERTY PERIODICALLY AND DOCUMENT THE PROGRESS 28 05/07/97 AND WE COULD TRY TO WORK WITH HER AS MUCH AS POSSIBLE, BUT 29 05/07/97 THAT THE DEPARTMENT OF PLANNING IS LIMITED TO THEIR 30 05/07/97 FLEXIBILITY AND WE WOULD HAVE TO PROCEED WITH THE VIOLATION 31 05/07/97 PROCESS. 32 05/07/97 JULIE CHESTER, ZONING COMPLIANCE OFFICER 05/07/97 Violation 971220 46ti Wi�'Yc COLORADO • DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 WELD COUNTY ZONING VIOLATION NOTICE April 28, 1997 Violation Number : VI -9700050 Mindy Deutcher 7404 12th Street Greeley, CO 80631 Legal Description : Lot 7, Block 2, Knaus Subdivision, 3rd Filing, Weld County, Colorado The uses on the above described property are being considered as a zoning violation of Section 32.2.2, 32.2.3 and 32.2.3.4 of the Weld County Zoning Ordinance. This is not a use allowed by right in the R-1 zone district. The violation can be corrected by removing the noncommercial junkyard and the commercial excavating business from the property. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 30 (Thirty) days from April 28, 1997 to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's office for legal action. Any information you have that may help to resolve this matter will be helpful. This office is ready to be of any assistance in clarifying or answering questions concerning this matter. Please call or write the Department of Planning Services' office. Sincerely, CiYa a47:L__ Julie Chester Zoning Compliance Officer pc: VI -9700050 Gloria Dunn, Current Planner 9713 '0 WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 b TELEPHONE U OFFICE FIRST INQUIRY? CI YES ❑ NO DATE: NAME: PHONE: ADDRESS: TYPE OF INQUIRY: ❑ MHZP p ZPMH ❑ RE ❑ AMENDED RE ❑ SE p AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING p PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Chris Goranson ❑ David Sprague ITEMS DISCUSSED: ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Shani Eastin ❑ Kerri Keithley ❑ Johnny Roberts O Gloria Dunn ❑ Ed Stoner ❑ Jeff Reif ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT p ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION ❑ VIOLATION ❑ OTHER p ❑ Todd Hodges ❑ Roger Vigil ❑ Will Birchfield Time Spent Staff Member's Initials citizen 97.11;r0 WELD COUNTY DEPAPTMENT OF PLANNING SERVICES/BUILDII" q INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 ❑.JELEPHONE ❑ NAME: ADDRESS: TYPE OF INQUIRY: OFFICE f FIRST INQUIRY? 0 YES Q -NO DATE: ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Shani Eastin ❑ Chris Goranson ❑ David Sprague ❑ Dennis Renley ITEMS DISCUSSED: PHONE: 3Sa--fib ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Gloria Dunn ❑ Kerni Keithley ❑ Johnny Roberts ❑ Monica Daniels -Mika ❑ ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION __Q —VIOLATION ❑ OTHER ❑ Todd Hodges ❑ Ed Stoner ❑ Jeff Reif —a-Sae Chester ❑ Roger Vigil ❑ George Carroll I/ ttrzi-e--xlG> ru-N-J /ccif"--1-€ t _4.4-`-0G ascy/A�J /c^tii r Time Spent /}(,{//A -J citizen Staff Member's Initials WELD COUNTY PLANNING DEPARTMENT OWNER ► e PROPERTY ADDRESS/LEGAL 1i0' -t C"-)i� 3 l pi, r) CJ) REFERRAL NUMBER: Vi --9C5-0091) ❑ I INSPECTED THE PROPERTY: I STOPPED BY THE PROPERTY WITH THE FOLLOWING CONCERNS. I �c ( ill ✓ tt 4 1 /Cc (5#- / INSPECTION REQUIRED. ❑ PLEASE CALL FOR INSPECTION. (970)-353-6100, EXT. #3521. INSPEC DATE IF YOU WISH TO SPEAK TO A ZONING INSPECTOR, CALL (970)-353-6100, EXT. #3521 MONDAY THRU FRIDAY; BETWEEN 7:30AM-4:30PM 971390 PERMITS Id: MISC120 Keyword: @ACTM User: JCHESTER 04/23/97 Additional Notations for Inspection item: 00400 Violation Permit No: VI -9700050 Owner: DEUTCHER MERINDA S (MINDY) Status: COMPLNT Location: 7404 12 ST Notice: NONCOMMERCIAL JUNKYARD LOCATED IN R-1 ZONE DISTRICT Line Insp. Date Text 1 04/17/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 04/17/97 WELD COUNTY ZONING ORDINANCE, SECTIONS 32.2.2 AND 32.2.3.6. 3 04/17/97 THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A 4 04/17/97 NONCOMMERCIAL JUNKYARD LOCATED ON THE PROPERTY AS WELL AS A 5 04/17/97 COMMERCIAL BUSINESS. THESE ARE NOT ALLOWED USES IN THE R-1 6 04/17/97 ZONE DISTRICT. TO BRING THE PROPERTY INTO COMPLIANCE THE 7 04/17/97 NONCOMMERCIAL JUNKYARD AND THE COMMERCIAL EXCAVATING 8 04/17/97 BUSINESS MUST BE REMOVED FROM THE PROPERTY. A NOTE WAS LEFT 9 04/17/97 ON THE DOOR OF THE RESIDENCE AT THE TIME OF INSPECTION. I 10 04/17/97 ALSO ATTEMPTED TO CALL MINDY FROM MY CAR PHONE. THERE WAS 11 04/17/97 NO ANSWER, I LEFT A MESSAGE ON THE ANSWERING MACHINE. 12 04/17/97 JULIE CHESTER, ZONING COMPLIANCE OFFICER Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. 971.3'9 WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 LEPHONE ❑ OFFIC FIRST INQUIRY?' ES ❑ NO DATE: /3/7 �L NAME: ADDRESS: TYPE OF INQUIRY: ❑ MHZP O ZPMH ❑ RE O AMENDED RE ❑ SE O AMENDED SE O SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN O PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Chris Goranson ❑ David Sprague ITEMS DISCUSSED: «Ir /€A PHONE: 3C2 -/1 0 47 Gu d $4;794- 53 - ag ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Shani Eastin ❑ Kerri Keithley ❑ Johnny Roberts ❑ Gloria Dunn ❑ Ed Stoner ❑ Jeff Reif ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION D -VIOLATION ❑ OTHER ❑ a� ntdai —7 7 Leiced A I/2/i2 c nAto — ate_, £ o t cad ❑ Todd Hodges ❑ Roger Vigil ❑ Will Birchfield eery V s )49„_A 6-7; C� 1e G`tizcir/ /Al aril cletea-4-6," Spent /O inelit,6 citizen Staff Member's Initia � 9713"0 April 1, 1997 Dwc.ynP and Merinda Deutcher 7404 W. 12th Street Greeley, CO 80631 2 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303)352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 (Air 'rtz v) Gte 0_-e CA -3 r Subject: VI -9700050, Legal Description: Lot 7, Block 2, Knaus Subdivision, 3rd Filing, Weld County, Colorado Dear Mr. and Mrs. Deutcher: It has come to the attention of the Department of Planning Services' staff that the uses on your property (7404 W. 12th Street) may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a noncommercial junkyard located in the R-1 zone district. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, c'i4eJi 0 a, iL Julie Chester Zoning Compliance Officer pc: VI -9700050 SERVICE, TEAMWORK, INTEGRITY, QUALITY 9'71,3 0 PERMITS Id: MISC120 Keyword: AACT User: JCHESTER 04/01/97 Additional Notations for Inspection item: 00400 Violation Permit No: VI -9700050 Owner: DEUTCHER DWAYNE JR & MERINDA S Status: COMPLNT Location: 7404 12 ST Notice: NONCOMMERCIAL JUNKYARD LOCATED IN R-1 ZONE DISTRICT Line Insp. Date Text 1 03/25/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 03/25/97 WELD COUNTY ZONING ORDINANCE, SECTIONS 32.2.2 AND 32.2.3.6. 3 03/25/97 THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A 4 03/25/97 NONCOMMERCIAL JUNKYARD LOCATED ON THE PROPERTY CONSISTING OF 5 03/25/97 LOTS OF JUNK AND DERELICT VEHICLES. TO BRING THE PROPERTY 6 03/25/97 INTO COMPLIANCE THE DERELICT VEHICLES MUST HAVE CURRENT 7 03/25/97 LICENSE PLATES AND BE IN RUNNING CONDITION OR REMOVED FROM 8 03/25/97 THE PROPERTY OR SCREENED FROM ALL ADJACENT PROPERTIES AND 9 03/25/97 PUBLIC RIGHTS OF WAY. THE JUNK AND DEBRIS ON THE PROPERTY 10 03/25/97 MUST BE CLEANED UP AND REMOVED FROM THE PROPERTY. THIS IS 11 03/25/97 NOT ALLOWED IN THE R-1 ZONE DISTRICT. 12 03/25/97 JULIE CHESTER, ZONING COMPLIANCE OFFICER Enter Option: A A=Add, C=Change, D=Delete, I=Inspect Gam; 6 Up/Down/Enter=update line and move light bar, F7=Update line Exit, ESC=exit Comment Added O.K. 971:1'0 Permit No VI -9700050 COMPLAINT DATA SHEET 04/01/97 Page: 1 11:25 Data: Full Description Description: COMPLAINT: NONCOMMERCIAL JUNKYARD IN R-1 ZONE Data: Process Tables Screen No: 01 Base Information Parcel No: 0959 08 005007 Owner: DEUTCHER DWMI4E- JR-K•MERINDA S Status: COMPLNT Written By: JAC Sec wn/Rng: 08 05 66 Description: COMPLAINT: NONCOMMERCIAL JUNKYARD IN R - Location: 7404 12 ST Zoning Dist: R-1 Permit Num: App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi") Class Code: VI -2 noncommercial junkyard Complaint: 03/20/1997 Init: JAC NO VI: 00/00/0000 Init: 5 Day Letter: 04/01/1997 Init: JAC Issued: 00/00/0000 !nit: Inspection: 03/25/1997 Init: JAC BCC Vio: 00/00/0000 Init: Court: 00/00/0000 Init: Closed BCV: 00/00/0000 Init: Closed VI: 00/00/0000 Init: Screen No: 02 Zoning Information Parcel No :0959 08 005007 Legal Descr:3-KN 2-7 L7 BLK2 KNAUS SUB 3RD FILING %7404 12 ST% Owner Name :DEUTCHER DWAYNE JR 8 MERINDA S Date:00/00/0000 Verified: Setbacks N: S: E: W: Rep by Zoning Sec Twn Rng:08 05 66 Notes: Zoning Dist:R-1 Acres .00 ** 1=Yes, 2=No, 3=Appr/Cond Met, 4=Appr/Cond Not Met ** Legal Lot Prior to Zoning Yr t 80 Acres Rec Exemption RE Sub Exemption SE Use Spec Review USR Planned Unit Dev PUD Subdivision S Change of Zone COZ ¶ Site Plan Review 9 Board of Adjustment ¶ Non -Conforming Use 4 Flood Hazard Dev ¶ Geological Hazard ¶ Accessory Dwelling ¶ ¶ ¶ Violation SPR BOA NCU FHDP GHP ZPAD VI Screen No: 03 Violation Letter Text Use this screen to add text to be merged with violation letters. For all letters - Dear... : (include ',') For all letters - My Name: My Title: Permit Num: 97132ito Permit No VI -9700050 COMPLAINT DATA SHEET 04/01/97 Page: 2 11:25 Data: Process Tables Continued... Ordinance Section: For Case Summary - To bring property into compliance... Data: People OWNER DEUTCHER DWAYNE JR & MERINDA S 04/01/97 7404 W 12TH ST GREELEY CO 80631 Data: Conditions Data: Comments Data: Inspections Item: 00404 TELEPHONE CALL Dept: Division: Item: 00405 LETTER Dept: Division: 04/01/1997 JAC Action: VI FIVE DAY LETTER SENT Time: 00:00 Item: 00400 SITE INSPECTION Dept: Division: 03/25/1997 JAC Action: VI INITIAL INSPECTION Time:. 00:20 Item: 00406 OFFICE VISIT Dept: Division: Data: Approvals Item: 00001 Building Department Dept: BUILDING Division: Item: 00002 Planning Department Dept: PLANNING Division: Data: Locks, Holds, Notices JCHESTER 04/01/97 NONCOMMERCIAL JUNKYARD LOCATED IN R-1 ZONE DISTRICT Type: NOTICE Effective Date Range: 04/01/97 - 12/31/99 Data: Addresses Data: Parcels 095908005007 / / 9712°° PERMITS Id: ASSR100M Keyword: SPARC User: JCHESTER 04/01/97 Parcel General Information Maintenance eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee6eeeeeeeeeeeeeeeeee6eeeeeeeeeeeeeee£ 0 General Parcel Data Maint - Action: Update Record ❑ uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN a Parcel No: 0959 08 005007 Rg Ts Sec : 660508 ❑ a a a Status: A Active Retired(Y/N): N ❑ ❑ Street Address: Dir: St: City: ❑ ❑ Situs Location: 7404 12 ST a ❑ Legal Desc: 3-KN 2-7 L7 BLK2 KNAUS SUB 3RD FILING ❑ ❑ Acres: .00 ❑ ❑ X-COORD: a ❑ Y-COORD: a ❑ Tax Rate Area: 0621 a ❑ Assr Use Code: 1977486 Assessed/Exempt: ❑ ❑ Pub Owned(Y/N): N a a Primary Owner: DEUTCHER"DWAYN$ JR-Er--MERINDA S Phone: a • Mailing Addr: 7404 W 12TH ST \ ,,�y� T ( n �a -al ❑❑ GREELEY CO I kAjfi (nP at ❑ J Zip: 80631 u a ❑ Contract Owner: Percent/Ownership: .00 ❑ 48666&eeeeeeeeeeeeeeeeeeeeeeeee6eeeeeeeeeeeeeeeeeeeeeeeeeeeeeee6eeeeeeeeeeeeeee1 <F7>Write Record, cF2>Allow Fractions, <ESC>Cancel PERMITS Id: ASSR100D Keyword: SPARC User: JCHESTER 04/01/97 Parcel Legal Description Maintenance .................................................................................... eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeegeeeeeeeeeeeeeeeeggeeggeeeee6eee66eee6eeeeee6e£ ❑ Parcel Legal Description - Action: Update Page: 1 ❑ uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN ❑ 3-KN 2-7 L7 BLK2 KNAUS SUB 3RD FILING ❑ a 7404 12 ST% ❑ ❑ 7404 12 ST ❑ a ❑ a ❑ a ❑ a ❑ a ❑ aa ❑ ❑ ❑ a6eeeggg66eg6eeeggeeegg6eeegedeeg6ee6eee666666e6e6e6e6eee6ee6geeeee666ggeeee666Y a Parcel: 0959 08 005007 Use: 1977486 Owner: DEUTCHER DWAYNE JR & MER ❑ ❑ Situs: 7404 12 ST Acres: ❑ 0 Legal: 3-KN 2-7 L7 BLK2 KNAUS SUB 3RD FILING ❑ agg6eegggeeeeeeeeeeeeeeegg6e6ggeeeeeeeeeegeg6666eegee6e6eege6e6e66ege66eeggeeeeY cF7>Update, <F2/PgDn>Next Page, <F3/PgUp>Prev Page, <ESC>Cancel ❑ ERMITS Id: MISC301 Keyword: SPARC User: JCHESTER 04/01/97 User Defined Data Fields for Parcel No: 0959 08 005007 Oaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaat ° Parcel No: 0959 08 005007 0 aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaai Q71arlo C- AK 2164252 B 1218 REC 02164252 12/06/88 15t59 $3.00 1/001 F 0503 NARY ANN PEUERBTEIN CLERK i RECORDER WELD CO, CO c;.`Wafrae'Deed p THIS DEED is a conveyance of the real property described below, including any Improvements and other appurtenant -ea (the 'properly"I Irom the mdividu al (s). corporstion is), pertnashlp(e). or other entity lies) named below., GRANTOR to lhelndhidual(e) or enhlylles) named below as GRANTEE. The GRANTOR hereby tells end conveys the property to the GRANTEE and the GRANTOR warrants the title to the property. except for Ill the lien of the general properly taxes for the year of Ors deed. which the GRANTEE will pay (2) arlyaaaelrients and rights-ol-way shown of record (31 any patent reservations and exceptions (4) any outstanding mineral interests shown of reWd (5) any protective covenants and restricthns shown of record. and (St any additional matters shown below under "Additional Warranty Exceptions" The Specific Terms of This Deed Art Grantor (Gigs namelsl and local sl of residence. if the spoors of Ow owner -grantor * Joining in ous Mad a release htraeeeW riglea thwart grantors as husband end win ) RUTH L• BUCK Orients*: IGrve nameltl and addressrnsl. statement of address. including .niaele road Or area number. is regYredl DWAYNE DEUTCHER, JR. AND NERINDA S. DEUTCHER 7404 N. 12TH ST• Form of Co -Ownership: JOINT TENANTS Property Description: IREELEY CO 80634 111 that, are two or more grantees named. they wee to considered b Slew Melt N waxen senses the wgda4 Pal Ienency' or words of the Ynw mes.Ing w added In are epees below.) (Include county end eiel.l LOT 7, BLOCK 2, KRAUS SUBDIVISION THIRD PILING, WELD COUNTY, COLORADO. Stan Dar s o Property ��: (f7ryq4y�0�t4([����nHttyy. 12TH STREET 0634 Consideration: IThld2TeraR'rilbl a dollar mawsmimeo. adeolate soMMMralbn ice IIW IMO ma be ewgaeed wins lWeasegMaeI identified eta gilt many use as COnseablice w alaplut foal and sea .Mena .) NINETY EIGHT THOUSAND AND 00/100 Rete,r.tionaReslflctlone: III the GRANTOR intends to rsesneany Ias.est In the esopeny of we comer MAO Swift on erdMMN TOt is realwling the GRANTEES not in the popwlyrase anapests.' sedation Additional Warranly Exception: Include deeds of Oust hemp assumed end other mailers not covered shove; Executed oy the Grantor on DRPPMEPR 1 1 ORR Is II 444 Claude las CorponNlen, Rergarage es AaeKWM: t1Plsaire Clglee M aWY1fp Nenw 0 Grantor Coroaslion, Partnership or Association Sr Sy Attest RUTH L. SUCI. 1a Omar STATE OF COLORADO ) COUNTY OF WELD I M The foregoing inansii rat wee wispwnggel adore no the 5th der of E11CiIOiR or. RUTH L. BUCK MVTnewirernwndnbw nine V�.yyVl:/ I►� ne EI. P ik "‘. iii rNfrP IIIIMr 1 Ie lift nit Ass., OWLOY, 00. L .iybl� p selinewleegae Mete me Pie • �1. I*sceswNRR PNMMNiperAem iterierlaNi Md1 itWiP IW-IiIYl/1 C) N guveRN M gNewAiP r M beset ed lelleMhl M 4.4 , M1 W _ _„Fa%oemp NN Ole • .nal lenses use ensees MIN ts .4 AR2164253 515781 This instrument was prepared by: Stephen G. Gallaher, Associate Counsel, Principal Mutual Life Insurance Company, 711 High St., Des Moines, Iowa 50309 B 1218 REC 02164253 12/05/88 15r59 $12.00 1/004 F 0504 MARY ANN FEUERSTEIN CLERIC 6 RECORDER WELD CO, CO DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") Is made on December 5th la 88 among thegrampr,DWAYNE DEUTCHER. JR. AND MERINDA S. DEUTCHER, HUSBAND AND WIFE ("Borrower'), the Public, Trustee of WELD County (Trustee"), and the benefidary, PRINCIPAL MUTUAL LIFE INSURANCE COMPANY , which Is organised and wiring under the Was of THE STATE OF IOWA and whose address M711 HIGH STREET, DES NDINE S. IOWA 50309 ("Lender'). Borrower owes Lenoir the prindpel wm of SIXTY FIVE, THOUSAND AND 00/100 DoNers (U.S. $ 66,000.00 1. This debt is evidermtd by Borrowers note dated the same deb a• die Sleety instrument ("Note"), which provides for monthly psyrnanb, with the full debt if not polo sadist, due and payable on J A N U Alt T 01 , 2019 . This Security Instrument secs to Lander: (a) the repeynerd of the debt evidenced by the Note, with Interest, end all renewals, extensions and modifications: (b) the payment of al other awns, with Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrowers 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 power of sate, the following described property located In VELD County, Colorado: LOT 7, BLOCK 2, KNAVE SUBDIVISION THIRD FILING, WELD COUNTY. COLORADO. 7404 WEST IRTN STREET 'ROUES which hes ne address of Sue Wad Colorado ° G("Properly Addison Ine c.4d appuneniroe,ER WITHnms,nme, rwwelt*, Nisei, oil end gee Syl the improvement* now erqphh pro wahereafter emceed s and all 1V1as hereafter p pen of the property. AN misprints end salons slay sobs severed by bos SeewRy btatwaebt AD et Ow foregoing le referred to In this 5ecudly Inetro NM as Ili "Properly" BORROWER COVENANTS that BOmower M Nwh1Ry biss4 of the estate hereby conveyed end bee the RS to INN end convey the Property and that the Preemie le unencumbered, made NM aaurnbrMaN of meat Irwlar vale end will defend generally the WIN to the Property *Ind aN clime end demands, tubbed a any MaeMranow of teo0e4 THE SECURITY INSTRUMENT combines uniform c nvenarle hid nOdOnd tie end nisei qr m coiwen as 0* limited variation. by $rledblbn to cantle* 0 WWNOrm Maltlly Mein mfr 0eyerlrlp lest property. COLORADO —Moues femily—RMMMANI UNIFORM INMPU MM hem OP all N nYa 3%1.2"' 0 0 1218 NEC 02164253 12/06/88 15:59 $12.00 2/004 F 0505 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO „N✓01141 ( 1)NVE NANTS. Burrower and Lender rcvenanl and agri a as follows'. 1 Payment of Prir cipal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the HI, ip„I Of (1111: motets, in the dell evidenced by the Note and any prepayment and late charges due under the Note. 2 Funds for Taxes end Insurance. Su1jod to applicable law or to a written waiver by Lender. Borrower shall pay to odder on the day monthly payments are due nn'fei the Note. until the Note is paid in full, a sum ("Funds") equal to ono- i.. en, of 1,11 yearly tar s and assessments which may attain priority over this Security Instrument; (bl yearly leasehold lanrmenls or ground 'erne on the Property, if any: lc) yearly hazard insurance premiums: and (d) yearly mortgage insurance prensvnu it any. Ihese 'terns are called "escrow items." Leader may estimate the Funds due on the basis of current dale and reasonable estunates of future escrow items. The Funds shall be eld in an irbtulion the deposits or accounts of which are insured or guaranteed by a federal or stale a';ency including Lender it Lender is such an institution) Lender shall apply the Funds to pay the escrow items. Lender may rya charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. A charge assessed by Lender in connection with Borrower's entering into this Security Instrument to pay the cost of an independent tax reporting service shall not be a charge for purposes of the preceding sentence. Be, rower and Lender may agree in writing that interest shall he paid on the Funds. Unless en 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 and the purpose for which each debit to the Funds was made The Funds are pledged as additional security for the slims secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's 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 necessary to make up the deficiency in one or more payments as required by Lender. 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 19 the Property is sold or acquittd by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security In itrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges du a under the Note: second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; foulh, to interest due; and last to principal due. 4. Charges; Liens. Borrower shall pay all taxes, atlsessments, 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 payment,. 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: la) agrees In writing to the payment of the obligation secured by the Ilan in manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the Ilan In, legal proceedings which In the Lenders opinion operate to prevent the enforcement of the lien or forfeiture of 'fly part of the Property; or lc) secures from the holder of the lien en 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 Ilan 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 term "extended coverage" and any other hazards 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 Lenders approval which shall not be unreasonably Withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shell have the right to hold the policies and renewals. R 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. II 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. ff Borrower abandons the Property, or does not answer within 30 days a notice frcm Lender that the insurance carrier has offered to settle a claim, then Lender mey 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 beg -n 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 telerred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies end prop eda reeuairg 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. Preservation and Maintenance of Property; Lessrholas. Borrower shall not destroy, damage or substantially change the Properly, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold. lint ruwar shall comply with the provisions of the loam, and if Borrower acquired lee title to the Property, the leasehold and fee title shall nut merge unless Lender agrees to the merger in writing. 7. Protection of Landers Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is u legal proceeding that may significantly affect lenaler'a nghta in the Properly (such es a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulator'''. urun Lender may do end pay for whatever is necessary to protect the value of the Property and Lender's tights m tie Property Lender's actions may include paying may sums secured by a lien which has priority over this Security Instrument. appuaeng in court, paying leeeonable attorneys' fees and entering on the Property to make repairs. Although lender may take ache' under thy peregr spit 7, Lender dues not have to do to. Ally amounts dlshursenl by Lend.,. under this paragraph 7 shalt become additional debt of Borrower severed by der Saeurdy Insbuntenl. Unless Borrower and Lender agree to olher terms of payment. these amounts shall bear interest front Ulu dale of disburanntent at the Note rate and shall be payable. with Interest. upon notice from Lender to Boarowea requesting paymwu 971,77,n0 R 1;118 RFC 02164253 12/06/88 15:59 $12.00 3/004 F 0°.06 MARY ANN FEUERSTEIN CLERK I RECORDER WELD CO, CO Ii I undo, m illmud 'mealyge insurance as a condlt.on of making the loan secured by this Security Instrument. Harrower shall pay I ieieurniunis required In mainte r' ih: insurance in effect until such brae d5 the requirement for the insurance terminates in accordance, with Borrower's and Lender's written agreement or applicable law. 8. 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 sin inspecion specifying reasonable cause for the inspection. 9. Condemnation. the proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any pan of thr Propeny, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total takng of the Propene, 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, 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: (al the total amount of the sums secured immediately before the taking, divided by Ibl the lair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. 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'n claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Leeds( is authorized to collect and apply the prcceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whets, 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. 10. Borrower ,Not Released; Forbearance By Lander 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 Borrowers successors in interest. Any forbearance by Lender W exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Sever el Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors a id assigns of L_,der end Borrower, subject to the provisions o' paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (ails co-signing the Security Instrument only to mortgage, grant end convey that Borrower's interest in the Property under the terms of this Security Instrument; lb) is not personalty 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 thn terms of this Security Instrument or the Note without that Borrower's consent. 12. 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 same already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to ma=e this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduce -, principal, the reduction will be treated as a partial prepeymera 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 Note or this Security Instrument unenforceable according to Its terms, Lender, at Its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified In the second paragraph of paragraph 17. 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. Goveming Law; Severabllity. 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 app icable 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. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property ore Beneficial Interest In Borrower. If all or any pert of the Property or any interest in it is sold or transferred for if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural persons) 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. If Lander exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide s 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 tills Security Instrument. If Borrower falls 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. It Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to lure enforcement of this Security Instrument discontinued at any tune 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 th s Security Instrumanl; or lb) eirry of a Judgment enforcing this Security Instrumeul. Those conditions are that Borrower: lint pays L. ender all sores wlii Ji then would be due ander this Security Instrument and the Note had no acceleration thou; ed: lb) cures tiny default of any ether amvenunts or agreements; icl pays all expenses incurred in enforcing this Security bistnmrmrt, including, bed not limited in, reasonable attorneys' lead; and Ids takes such action as Lander may reasonaby rmldbY bi a saute Viet the hell of Ihie Security Instrument, I wider's rights in the Property and Borr owei's obligation to 14y the sums secured by this Security Instrument shell continue unchanged. Upon ialnnaromerll by *mower, this tevurey Instrument and tine obligations secured hereby shall remain fully effective as If no accelealion hail occurred. However, the right to reinstate shall not apply In the case of acceleration under paragraphs 19 or 17. 97iZ300 U 1218 REC 02164253 12/06/88 15:59 512.00 4/UU4 F 0507 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO NON UNIFORM CONVENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breech of any covenant or agreement in this Security instrument 'but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwisel. The notice shall specify: (al the default; lb) the action required to cure the default; lc) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and Id) that failure to cure the default o, nr 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 shell 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 Ps 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 19, Including, but not limited to, reasonable attorneys' fees and cost, of title evidence. N Lender lovelies the power of sale, Lender shall give written notice to Trustee of the occurrence of en event of default and of Lender's election to cause the Property to be sold. Leader shall mall 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 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, shell 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 a parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Tnistee shell deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the foNowing order: (a) to all expenses of the sale, Including but not limited to, reasonable Trustee's and attorneys' fees; WI to all sums secured by this Security Instrument; and felony excess to the person or persons legally entitled to It. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property. Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, !Ske possession of end manage the Property and to collect the rents of the Property Including those past due. Any rents collected by Lender or the receiver shrill be applied first to payment of the costs of management of the Property and collection of rents, Including, but not limited to. receivers fees, premiums on receiver's bonds and reasonable attorneys' toes. and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument. Lender shall request that Trustee release this Security Instrument end shall produce for Trtstee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Meet, ument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 22. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 23. 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 Marls) were a part of this Security Instrument. [Check applicable hordes)) O Adjustable Rate Rider O Condominium Rider O 2-4 Family Rider O Graduated Payment Rider O Planned Unit Development Rider ❑ ether's) [specify) BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any tider'el executed by Borrower and recorded with it. STATE OF COLORADO, MELD (Seal) - Borrovsr .% DUTCHER -ems -loons Seal) - Nenwar County sic: Thu foregoing Instrument was acknowledged before me this 5th day of . December 1988_. by DNAYNE DEUTCHE R. JR. AND MERINDA S. DEUTCHER. HUSBAND AND VIFE Witness my hand and official seal. My Commission expires: 2 114 V Nuwv I4t AMORAL fAuluAi WI V[ ANC PAM' RDIt WESIMINSIER txx0ItABO 80031 9713°O eecAdditional USER DEFINED A-sessor a a a a a a a ❑ ❑ Parent Parcel No Book No. Reception No. Document Type Ownership Type Recording Date Zoning Dist Legal Lot Prior To Zoning Prior To Zoning Year > 80 Acres Recorded Exemption Rec Exemption Permit Rec Exemption Approv Parcel InformationoeeeeeeeeecScreen No: 01O£ a 1218 ❑ 02164252 ❑ Warranty Deed ❑ JT ❑ 12/06/1988 Dec 06, 1988 ❑ a a a a ❑ a a aeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeY cF7>Update, cESC>Cancel fe(r. Wine COLORADO ,cegiSt-:1-ING COMPLAINT o BUILDING CODE COMPLAINT LEGAL DESCRIPTION: VIOLATION ADDRESS: DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT Complaint Initiated by: o Staff amen ❑ Other rY 7/ AJA 07 `/D GJ /0) - Parcel # d 95-10005-6 6 Ti ATTACH COP(?(3"4-5F1)11 _OF DEED Property.Owner's Name: LJ h.2 1 1 3 ,P,hop� a #fir IO V (A) /)-41 Tenant's Name and Mailing Address: Property Owners Address: NATURE OF COMPLAINT: Zoning Complaint Referred To: Date: 31/447 Building Code Complaint Referred To: Date: Case Assigned To: Date: ACTION OF INVESTIGATOR: Inspection of property indicates: Date of Inspection: o No violation of the Weld County a Zoning / a Building Code Ordinance Referred to: on ❑ No violation of. the Weld County a Zoning / a Building Code Ordinance ❑ aFidfations of the following Sections of the.n-Zofiing 1- Z . ❑ Building Code Ordinance 1 32 2.3. ACTION ON COMPLAINT: a No Action Taken/No Violation ation File, Strte�� 3 Date Date CASE REVIEWED BY SUPERVISOR Date SUPERVISOR'S COMMENTS NOTE: Attach all pertinent information and facts disclosed by investigation to this form. 971.2'10 To: Weld County Department of Planning Services Re: Violation of Weld County Zoning Ordinance 1, Merinda (Mindy) Deutcher, live at 7404 W. 12th Street, Knaus Subdivision, Weld County. I have been notified that our property is in violation of Weld County Zoning Ordinance, to be corrected by "removing the noncommercial junkyard and the commercial excavating business from the property". My husband, Dwayne Deutcher Jr., and our family, moved to this address in December 1988. We've had a small family business since 1984, providing a small -utility trenching service, and have always run our office from our house. Customers do not come to us, we can only provide our service at our customers' property. We have no neighbors behind us (never will), have presented a forward neat landscape (better than most), and generally low visibility. Since Dwayne's death last year (March '96), I have carried on the business. Since the warning by the County Planning Department, I have removed some materials, and am constructing a privacy fence to effectively screen what materials the County deemed unsightly. At this time I would find it hard to be forced to relocate. After 8 'A years at this address, we've not had any complaints. There are other businesses in the neighborhood, also. I have contacted the following neighbors, and receive their support and willingness to allow me and my business in our neighborhood: 3 7 9 11 l4 l £l Co l awe S+ 62e 2 \\m-p.n., 8 1) 7 7c /u /in 2- c7> �Lk 3 10 Co ( r .r• it //..�itc "PO w //4A/sY 12 4 i 7zio..i /,) -1\ 79 ae, ti 971.2"0 Li/ I IL EXHIBIT c :' zs l Ca,, 74' 111 11121 7'-/ '"h (?.rte_ ti ^ :ll 4DL�0 /. / 7Lt1-- .1 C 7/v l.,J./2s1-; A.2r 1/.2 t, 75iy,'Say (S' 21 2Z 2. `4 n Wu a. 46 &-ro-,,-..__ 1 / / Li 7Y'- au -e (te r 463y 17:Nt) .01)4 C,04_, ///7=7y 973. EXHIBIT N 14th A I Aue 0f J H 971.Zr.,1 5 Hello