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THIS DEED, Made this lean dary of March, A. D., 1911, between Greeley
Lodge No. 809 of the Benevolent and Protective Order of Elks of the United States
of America, a local Lodge of a Fraternal Society, duly chartered by the Grand Body
known as the Grand Lodge of, and according to the constitution, laws and usages of,
The Benevolent and Protective Order of Elks of the United States of America, a
benevolent and fraternal society, said local lodge being in the City of Greeley,
County of Weld and State of Colorado, and as well its duly elected, qualified and
acting trustees, W. R. Patterson, George Dauth and E. G. McKinney, as Trustees
of and for said lodge, of the same place, of the first part, and The County of
Weld, a quasiemunicipel corporation, being a regularly organized and existitg
county in and of the avid State of Colorado, of the second part:
WITNESSETH, That the said parties of the first part, for and in considera-
tion of the sum of -_l-� e-u. ZcrZ<<.r.<. " ,,e7«t,1„-12ems- o-Tr----- ( ��Gi�a )
to the said lodge party of the first part in hand paid by said party of the second
part, the receipt whereof is hereby confessed and acknowledged, have granted, bar-
gained, sold and conveyed, and by these presents do grant, bargain, sell, convey and
confirm unto the said i•ert;; of the second' part, _ilk, successors and assigns forever,
all the following described lots or parcels of land, situate, lying and being in
the City of Greeley, County of Weld and State of Colorado, to-wit:
All of lots numbered nine (9) and ten (10) and the east fifteen (E.15) feet
of eleven (11), in block numbered sixty--five (85) of the original torn (now city)
of Greeley, with appurtenant waters thereunto belonging, subject to whattiVer, iI7 any,
conditions and reservations appear of record in the government patent and Union
Colony deeds thereto; and, subject, further, nevertheless, that this conveyance is
upon express condition thst no building, embankment, fence or other structure shell
at any time be erected, placed or suffered. to remain upon or over an' portion of
the north, d' (4441) feet of the lands herein conveyed, or upon or over any portion
of the west fifteen feet of the lands herein conveyed, in default of which condition.
or upon breach of the ter ma thereof by the grantee hereof or of its successors or
assigns of said premises and. of any part thereof, the estate by this deed granted
shall end, cease and determine without need cf notice or of forfeiture proceedings,
and the grantor lodge, its successors or assigns, may re-enter and repossess said
granted premises as in its first and former estate with full title thereto the same
as if these presents had never been executed or delivered.
110001
(1)
With and as a part of said grant and upon the same condition and effect of default
or breach of the terms thereof as to said granted lands, is granted unto said party
of the second part, its successors and assigns forever, but upon the same condit ions,
easement for light and air purposes, only, upon and over the west five (W.5) feet
of the east twenty (E.20) feet of said lot lumbered eleven (11), as to which five
feet strip of land, owned and retained by said lodge at this time, the said parties
of the first part in the name and liability only of said lodge and not of its said
officers personally, covenant obligatory upon said five feet strip of land and run-
ning therewith to any and all future owners and. occupants thereof, that no building,
embankment, fence or other structure shall at any time be erected, placed or suffered
to remain upon or over any liportion of said five feet strip.
It is expressly understood and agreed that no team of said conditions or
covenants shall be construed to prevent temporary scaffolding or piling of build-
ing materials or equipment for the use of erecting or repairing or altering any
permanent buildings upon adjoining lands, nor shall the same be construed as violet-•
ed by voluntary action of persons having no authority from or upon behalf of the
respective owner under such duty to prevent such violation.
TOGETHER with all and sirj ular the hereditament and appurtenances thereunto
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, cleim and demand whatsoever of the said parties of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditements
and appurtenances; all except as above stated.
TO HAVE AIM TO IIOLD the said premises above bargained and described with the
appurtenances, unto the said party of the second part, its/ successors ends aaigiia
forever, exoe .t as above stated. And the said lodge, and its said officers in its
name and liability and for its behalf, and not personally, for itsself, its succes-
sors and assigns, do covenant, grant, bargain and agree to and with the said party
of the second part, its successors and assigns, that at the tine of the ensealing
and delivery of these presents it is well seized of the premises above conveyed,
as of good, sure, perfect, absoltbte and indefeasible estate of inheritance, in law,
in fee simple, except as above stated, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same, in manner and form afore-
said, and that the same are free and clear from all former and other grants, bar--
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gains, sales, liens, taxes, assessments and incumbrances of whatever kind or na-
ture soever, except as above stated; that said three trustees constitute the only
official or other trustees of said lodge; that the executions). nd delivery of this
deed in manner and form as compiled and prepared hereunto is by said lodge duly
and regularly authorized and required.
And the above bargained premises, in the peaceable and quiet possession of the
said party of the second part, its successors and assigns, against all and every
person or persons claiming or to claim the same or any part thereof, except as
above stated, the said parties of the first part in the name and for the behalf
only of the said lodge, and not individually, shall and will WARRANT AND DEFEND
FOREVER.
IN WITNESS WHEREOF the said lodge hath hereunto caused its corporate or
chartered name to be hereunto subscribed by its presiding officer (Exalted Ruler)
and by its said Board of Trustees, and its lodge seal to be hereunto affixed and
all to be attested by its secretary, and the said trustees as such have hereunto
subscribed their names and affixed their seals, all on the day end year first
above written. / ice.
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and By y . _... Y: _ _ r _ -
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4 ,_ -' •ate .< r As Trustees of and for said dge, oom--
�4 ' prising its BO of Trustees.
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Secretary of said Lodge.
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city of Weld, ,
IC- 4 z.t_ .,dCg` �.. ��.s a Notary Public in end
for said Weld County, do hereby certi That D. .14 arch, as Exalted Ruler, Chas.
Davis, as Secretary, and W. R. Patterson, George Dauth and E. G. McKinney, as Trus-
tees of and for Greeley Lodge No. 809 of the Benevolent and Protective Order of Elks
of the United States of America, a local lodge of a fraternal society duly chartered
by a charter from the grand body, the Grand Lodge of said Order, personally to me
,.,•,- -known to be such officers thereof and the same persons who in said capacities have
. ;�` ytt+S.iscribed their names to the foregoing deed for the behalf of said lodge, appeared.
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,.• , ile3twre me this d ay in person and severally acknowledged that said lodge's name was
.1.-4'40).7 A r_lebacribed and its seal affixed unto, and they they arid it signed, sealed and
y . delfveted said instrument of writing by its clue authority, and that the same is
�'' a ree and voluntary act and deed of said ledge by them as its said respective
c:1% u � srs freely and voluntarily done, for the :uses and purposes therein expressed.
E1/4 •..•..... ,y=r Witness my hand and notarial seal this Larch 3/ , ;�9 1. My cormei slbnn
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1%.0,,,,`..••aNTY.� 19 O .,;r o ,� f Notary Public.
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