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Home My WebLink About780406.tiff RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 57 - MARK & RUBY FIELDS. 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, the Board of County Commissioners has determined at a public hearing held on the 15th day of February, 1978, in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain parcel of land is owned by Mark & Ruby Fields, which land is more particularly described as follows, to-wit: A part of the E1/2 of the NE% of Section 5, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particulary described as follows: Beginning at the NE corner of said Section 5, and con- sidering the North line of said Section 5 as bearing North 88°43'44" West and all other bearings contained herein relative thereto: Parcel 1. Thence North 88°43'44" West along the North line of said Section 5, 759.70 feet; Thence South 00°00'00" West, 286.70 feet; Thence South 88°43'44" East, 759.70 feet to a point on the East line of said Section 5; Thence North 00°00'00" East, along the East line of said Section 5, 286.70 feet to the POINT OF BEGINNING WHEREAS, the owners of said tract of land desire to obtain a variance from the minimum lot size requirement so that Mark and Ruby Fields may make application to the Board of County Commissioners to apply for a recorded exemption, as set forth in Section 9-4.A. (6) of the Subdivision Regulations, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, based upon the recommendations of the Department of Planning Services , feels that the applicant has shown good cause for granting a lot size variance under Section 9-4 .A. (6) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that a variance from lot size requirements, be, and hereby is, granted to Mark and Ruby Fields for the above-described parcel of land. 780406 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of February, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -,C7/ .. -)29--04.-)ftn.. .... et.444•,-- \f\_'-4z.6,,_et,LA t:' i(-) ‘771a."...4 1/46:,1-A.,-.,-,--i'"1 /11/14-4 ATTEST: 0 We County Clerk and Recorder r` and to the Boar -,BY:.2,L',(„----,A ,i,/, 4.4_,A. ,1 . ,i'd)-t,(-5 0--J---! .------ Deputy County Cler _ - AP V j AS TO FORM: (� J `--) County Attor ey -2- Date Presented: March 1, 1978 cc: resolution granting LSV #57 H H dI d d d d J_ O1 a I CO CV W >2 'd • 1-4 ' Wm z p.4 a- a3 ` y ill • ¢ v W ow aww Q 00 W z c zwac: o≥> CC t ��' W ES J g W 2 O H g O G W CO Lai = m o > o W 3 a '� o0 ICC .b p • m 3 J QUi oo> 00 3o,W z r` cC (4 a) N(.) w 2 U 3w 3aW ~>> 3w < , \ O O ' C x Ra R2 g3g '' §w 0 ¢ N OLL oecl ' z Q . w w t5 ,na ,,..8 �i `8' a¢ il O M ZF- $ zc O W ~ m 3OIMI3S 1dI333H NHf113H a tk f3. ao0a � c7 FE • LJJ s WON I- W 0 S33IAH3S 1VNOIldO z Ww iZ ' a a S33d HOd H31SVW1SOd 11f1SNO0 . ' id E X03 Sd CC9L61 d 008 0 N icz .d CO• N O Z 00 Y W~ 0 6 -- 0 o. lf ii u v E D. v C a tf1 ad •-•1 id :; 9 AaAb - iUii v� I; ! g )I1III!OI p• CI �C < fy+ co c.) Igor-lopa .` mW init S C zi 63, C 0 ; 1 ", '' J ac ac \ m ''.we tl 4 CI OO O a cv Z 3 H • a • � ..w N AIL PS Form 3811,Nov.1976 RETURN RECEIPT, REGISTERED. INSURED AND CERTIFIED M el. (f *VD DEPARTMENT OF PLANNING SERVICES t( PHONE (303) 356-4000 EXT. 400 915 10TH STREET 111110e. GREELEY, COLORADO 80631 COLORADO February 15, 1978 Board of County Commissioners Weld County, Colorado 915 - 10th Street Greeley, CO 80631 RE: Lot Size Variance #57 Dear Commissioners: The attached letter and related materials are in reference to a request by Mark & Ruby Fields for a lot size variance. The property is described as Part EZ NE4 Section 5 , T6N, R65W of the 6th P.M. , Weld County, Colorado. This property is located 1 3/4 miles east of the Town of Eaton. The property in question contains approximately 5 acres . The request is to obtain a variance from the minimum lot size requirement , Section 9.4(A) (6) , so that Mr. & Mrs . Fields may make application to apply for a recorded exemption. Section 9.4(A) (6) states , "That the original tract or parcel of land to be divided under this section meets the minimum lot size re- quirements established by the Weld County Zoning Resolution ; variance from this requirement being allowed only upon good cause being shown to the Board of County Commissioners or where said tract or parcel of land lies within the Comprehensive Plan of an existing incorporated town of Weld County. (Revised 4/17/74)" If this lot size variance is granted, Mr. & Mrs . Fields will proceed with thier application for a recorded exemption to divide the property into two parcels. One parcel is proposed to contain approximately 3 acres with the existing set of improvements . The second parcel is proposed to contain approximately 2 acres and presently has no improvements. Based upon the information submitted and the adopted policies in the county, the Department of Planning Services Staff recommends the request be approved for the following reasons : 1 . The Town of Eaton has indicated they have no objections to the approval of this request . 2. The request complies with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Sub- division Regulations) , the intent clause of the Agricultural District (Section 3. 3(A) of the Weld County Zoning Resolu- tion) , and the Weld County Comprehensive Plan in that non- Board of County Commissioners Lot Size Variance #57 February 15, 1978 Page 2 productive agricultural land is proposed to be split and utilized for higher uses which would be compatible with land uses in the surrounding area. 3. The five acre parcel in question has low utility for agricultural uses due to the small acreage involved. 4. It is the opinion of the Department of Planning Services Staff that the applicants have shown good cause to request this Lot Size Variance as indicated in their letter dated January 3, 1978 . (A copy is in the attached packet . ) Rape tfully, :. 44/f/1 Thomas E. Honn Zoning Administrator TEH:kmh TO: a'Veld County Board of Commissioners SUJ3JlCT: Request for lot size variance L GAL U.BSCRIt TION OF PROPL�RTY: A part of the E2 of the NB of Section 5, Township 61 , Range 65 west of the 6th k'.r . ;Jeld County, Colorado, being more particulary described as follows: Beginning at the NE corner of said Section 5, and considering the Lorth line of said Section 5 as bearing North 38°43'44" West and all other bearings contained herein relative thereto: Parcel 1. Thence North 88°43'44" West along the North line of said Section 5, 759.70 feet; Thence South 00°00'00" 'hest, 286.70 feet; Thence South 88°43'44" East, 759.70 feet to a point on the East line of said Section 5, Thence Lorth 00°00' 00" East, along the East line of said Section 5, 286.70 feet to the POINT OF BEGIN ING MAILIN,a ADDRESS OF PROPEi TY: 19896 Weld County Road 74 1Vi Eaton, Colorado 80615 The property, consisting of five acres and owned by Mark K. and Ruby Lee Fields, is located two miles east of the Eaton City Limits on. County Road 74. It is in an area that is being developed and will possibly be annexed by the Town of Eaton in the near future. Appa— loosa Acres is located directly northeast of the property, across the intersection of County Roads 74 and 41. Small tracts are located directly south of the Fields property. One such property is currently being rese�-�rched for a veterinary clinic. If it is approved this will bring a small business to the area. The eas c half of the Fields five acres has been nothing to date but an eyesore. There is no water with the land and it grows nothing but weeds. It does not even supply pasture. If these two acres were used as a separate tract with a house and other buildings the area would be greatly improved. Please find with this letter a survey of the Fields five acres and a proposed division of the property plus plans for buildings. (The plans for the house and corrals are subject to change after county regulations have been researched. ) Also enclosed are a copy of the Deed of Trust and a letter from forth Weld County Water District concerning tap availability. January 3, 1978 Respectfully subrrtt_ed, Mark K. ielas ‘,/} Rub ee Fields i:dOPO3ED ±'ROPERTY DIV1,3i ON C,C CkINVG c.0\)i -I LI y 1 T c..r\ I k-\o.O,S'-'. 1 V r o 1>°sea* iri, A I ._ . p, (.1.. i5., La_ .. _ , v 'I -i t< FL '''ji I I) 1 ,I 1') ..,Y\,\-<;:”.:A ) p,r (2) U., \\Pr\ ?\(01,,_,!4:' ..,P'0'N't ; ._ ---la- , .,..."'<.l1.;"" .1.' G''., i O O v v _ BOARD OF DIRECTORS ERNEST TIGGES NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH A ROBERT ALKIRE F Y HIGHWAY 85 LUCERNE. COLORADO 80646 ,I i GARY SIMPSON ``�' .may TOM REED J'`_ LYLE NELSON. MGR. ' - P.O. BOX 56 • PHONE 356-3020 3ovember 22, l a7 -, WHO TI IT MAY CONCERN: RV : Water Service 1)(•Nr Gentlemen: This letter is in response t0 your inquiry reardilw water t•V' i (E' to h* t o 1 l cawing desc r i bed proper 1 y '. Section 5, Township 1T,orth, Range 65 ..est of 6th P.r . , Weld County , Colorado . Property owners : Fields , Mark Ruby L. 1 X Water service is presently being provided to the above described property . ' 9 . X Water service can he flutcie available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District vkit.hin one year from date of this letter , this 1 t ter shal I t come null and void. Additional comments : Sincerely , NORTH WELD COUNTY WATER ISTRICT Lyle D . Nelson Manager LDN/rr FIELD CHECK FILING HUNGER LW 51 __________. _________ ___ ' G,1i4 E Yn0A F‘ek4s _ • --- REQUEST Lots Sas.e• VAr,.wea. --- i. Frni. nI >r..RrPrIOri !Q.4., fez ive4 5e c,. 6.1Tb►�_��S�N LAND USE N —------ A-CAok\klAYA\ S IX tiItitid . W " 17 Qei 4.A‘04 , ZONING N Cti CrLOCATIOtJ 2_ YV�\ Mp Q,�b� F - 1A\LWalL ----�1 �ar6VN_Iumi C.,t . lieL s , , __714 5W._tor.____. w ----- ----, , COMMENTS : --�1S�i�n� �q _re6� !—�-�3r_�,--- k e co,,�c.�. a.. $ h..' Six‘� roiV 1O ercick - frAkitt„Aisig... v46,; w ve0., ___ of \IN asta. RSiON640.440 __A_be c tm\ • ---_CIA II:A u��--' I___GosIL----cNir z e koegrALL ,d`''- 786 1107689 UNIFORM COVENANTS. Borrower and Lender covenant mind agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, prepayment and late charges as provided in the Note, and the principal eif and interest on an' Future Advances secured by this Deed of Trust. Z. 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 installments of principal and interest are payable under the Note, until the Note is paid in full, a stuff (herein "Funds") equal to one-twelfth of the yearly taxes and assessments which may attain priority over this Deed of Trust,and ground rents on the Property,if any,plus oche-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage#risurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such 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 sums secured by this Deed of Trust. if the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall he, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired 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 Deed of Trust. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Note, and then to interest and principal on any Future Advances. 4. charges; Liens. Borrower shall pay all taxes, assessments and other charges. fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, wheh due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing stich payments. Borrower shall promptly discharge any lien which has priority over this Deed of Trust; provided, that Borrower shall not he required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien in, legal�pproceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. 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 such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Deed of Trust. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a stantyard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and lender. Lender may make proof of loss if trot shade promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to resteiratie n or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the exce!ts, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Unless Lender and Borrower otherwise agree in writing, ahy such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or charge the amount of such installments. If under paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developmehts. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration o' the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. if this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. If a condominium or planned unit development rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such rider shall he incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a part hereof. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lrider at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Porrower's and Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance pntmiums in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall hecnnie additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall hear inqerest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at stitch rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate perntissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any ekpense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. . '� A N 3 1977 C) 786 Recorded of o dock _ THE Fj r; 31 Re, No. 7O1689 .. M•,..� �,.� ��• ..,�..;,, o;,-..�_i y c. .',I_ 3AiNK DEED O TRUST /444 30th December THIS DEED OF TRUST is made this day of 19.76., among the Grantor,. . .Mazk .Kevin.Fialde.and. Ruby.Lee.Fields. (huebarld.4100. pit4) . . . . C... (herein "Borrower"), the Public Trustee of Weld County (herein"Trustee"), and the Beneficiary,. . C*7' Th* R iZ f t.Nat&V4el.Bask .Q .�1it►dsp.r , a corporation organized and J existing under the laws of United.St a.t.fte , whose address is N- 501 Main} ,St:reet2, W1g4sgr,,C Ao.r.4)Q � . .. . . .. . . . . . . . .. . (herein"Ldndelt""). t--• `-'I BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Weld State of Colorado: .o 0 r4 A part of the E 1/2 of the NE 1/4 of Section 5, Township 6 North, Rage 65 West of the 6th P.M., WELD COUNTY, COLORADO, being more partiouli►t y described as follows: Beginning at the Northeast Corner of said Section 5, and considering the North line of said Section 5 as bearing North 880 43'44" West and all other bearings contained herein relative thereto: Parcel 1. Thence North 880 43' 44" West along the North line of said OM.' Section 5, 759.70 feet; thence South 00000'00" West, 286.70 feet; thence South 880 43' 44" East, 759.70 feet to a point on the East line of said Section 5; thence North 00° 00' 00" East, along the East line of said Section 5, 286.70 feet to the POINT OF BEGINNING Route 1, Sox 11A Eaton which has the address of tstrMd Co1,Rf4d4. OP.6.1.0 . . .(herein"Property Address"); (State and Zip Code) TOGETHER with all the improvements now or hereafter erected on the property, and all easilments, rights, appurtenances, rents (subject however to the rights and authorities given herein to tender to collect iftid apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all 11*tures now or hereafter attached to the property, all of which, including keplacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are herein referred to as the "Property"; To SEcuR9 o Lender (a) the repayment of the`indebtedness evidenced by Borrower's note dated b?S4cIP6oX. .,14 76 (herein "Note"), in the principal sum of.Pblxl:Y-on e .thousand .five huhdred and no/100, , , , , , , , , , , , , , , , . . . . . . . . . .Dollars, with interest thereon, providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on January 1, 2008 ; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained;and (b) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 21 hereof (herein "Future Advances"). Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, that the Property is unencumbered, and that Borrower will warrant and defend generally the title to the PropeityAgainst all claims and demands, subject to any declarations, easements or restricts jstcc in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Prope �. COLORADO-] to 4 Family-6/75—FNMA/FHLMC UNIFORM INSTRUMENT 786 17(. 7689 k- 3 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property,or part thereof,or for conveyance in lieu of condemnation,arc 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 Deed of Trust. with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by:this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking,with the balance bf the proceeds 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 a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Unless (.ender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower,shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbearance by Lender Not a Waiver. Any,forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be_a :.waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 12. Remedies Cumulative. All remedies provided.in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall hind, and the rights hereunder.shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings a the paragraphs of this Deed of Trust are for convenience only and are not to he used to interpret or define the provisions hereof. 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as 'provided herein. Any notice providied for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uniform Deed of Trust;Governing Law;Severability. This form of deed of trust combines uniforn$ covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof. 17. Transfer of the Property;Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not contauiing an option to purchase, Lender may,at Lender's option,declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this,.Deed of Trust shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17,and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or,demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. Acceleration; Remedies.'Except as.provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2)the action required,to cure such breach;(3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach mast be cured; and:(4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured.by this Deed of Trust'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 breach IS not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable 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 reasonable costs and expenses incurred irl pursuing the reme ies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees. 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 such notice to Borrower as provided in paOaeraph 14 hereof. Trustee shall record a copy of such notice in the county in which the Property is lo0ated. Trustee shall P ublish a notice of sale for the time and in the manner provided by applicable law and shall mail copies lbf such notice of sale in the manner prescribed by applicable law,to Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be 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 sate in one or more parcels 'Ind in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lend'er's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time when the'purchaser will be entitled to Trustee's deed thereto. The recitals'in Trustee's deed shall be ,prima facie evidence of the truth of the statethents made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of(i)the fifth day before sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii)entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 18 hereof, ifcittding, but not limited to, reasonable attorney's fees and Trustee's expenses and withdrawal fee; and (d) Borrower takes such action as 1'°x'"786 i'a'7689 . yy Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property And Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if ho acceleration had occurred. 20. Assignment of Rents;Appointment of Receiver; Lerhder in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be Applied first to paynllent of the costs of management of the Property and collection of rents, including, but not limited to, 'receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. Future Advances. Upon request of Borrower, Lender, at Lender's option prior to release of this beed of Trust, may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating that said notes are secured hereby. t2. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to release this Deed of Trust and shall produce for Trustee duly cancelled all dotes evidencing indebtedness secured by this beed of Trust. Trustee shall release this Deed of Trust without further inquiry or liability. Borrower shall pay all costs of recordation, if any,and shall pay the statutory Trustee's fees. 13. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property. IN WITNESS WHEREOF, Borrower has executed this Deed of Trust. C— c Xatil Xe..e"-eye . :1-0e,-.e. ,...."4" KesitV FleTdd --•Borrower.xiiy ie s —Borrower is STATE OP COLORADO, Weld County ss: 30th The foregoing instrument was acknowledged before me this day of December 19. .76, by Mark Kevin Fields and Ruby Lee Fields (husband and wife) Witness my hand and official seal. • My cotit�}wna►n•e„ Of s: 2-9-80 9.a A,4_,,,,s/Q,f a..4.0 ei, Cli: ) T A #r'•"I.< Notary Public : w .,'. 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''''r ' T''''''2--4'7'' :,, v y! 04" 'i. tiit"e + r • ,' .1,,,, rr. . -,-• „' .',Iit— . ' , - ... f. ivo . ..,.„, ,,,,, .,,,,,-...,. -.4..,.,.:„......,••,.. ;.I Fi �',''::',.'.1,..,1'..i- t µ ! r# •�:�. iF AR 1 n z 1~p- i r a� axis• ! 1.- — ;. > /,, ., '' Y'`°..� *' 1 r'+�Ml t ' i .. f'".,i, k •4�x �...h« ..rc'0'. Iw r" ♦a � fW A 11 / • • .p Yw O.r ' F Y {I ;r 1 `' ti ► i r`- 4=-7 , DI_ I', ..s I MI H I O(• I'I.ANI'Il lsdl; ';I HVICI '; ?\ / WE1..1)COl1NIYGI.NIIfIN1Al rlNIIIII rS J ,.. q., ...< ,,\, / ` l;li(:CLf_1',('ULOItl11t1) �,U(�al G GARY 7. FORTNLIi \,, ., ‘,400.11i, xiim i, r1)1111CTOI1 OIL PLANNING �.SPHONE= (303) 356 1000, [XT.X100 kiYit• I,'',1 :,j ti , COLORADO January 27, 1978 TO WHOM IT MAY CONCERN: Enclosed is an appl i cati on from Mark Fields for a Lot Size Variance This item will be heard before the Board of County Commissioners on February 15, 1978 . If you have any comments or suggestions , may we pi ease hear from you before February 13 , 1978 . The l oca- • tion of the parcel of land for which this application has been submit- ted is Pt . E2NE4 Section 5, T6N, R65W of, the 6th P.M. • Thank you. . Enclosures Mark Fields LSV-57 REFERRALS January 9, 1978 County Health County Engineer Town of Eaton c/o Gary A. Carsten Box 946 Eaton, CO 80615 P. C. - 2/8/78 PHONE: 454-2876 � r • , ::,y, ; . .. DE_PAR WENT OF PLANNING SFifiVICES • WI PHONE (303) 356-4000 EXT. 400 915 10TH STREET pe. GREELEY, COLORADO 80631 COLORADO January 9, 1978 Mark K. Fields 19896 Weld County Road 74 Eaton , Colorado 80615 RE: Request for a lot size variance on a parcel of land described as Pt . VINE* Section 5 , T6N, R65W of the 6th P.M . , Weld County , Colorado Dear Mr. Fields : Your application and related materials for the above described re- quest are complete and in order . I have scheduled a meeting with the Board of County Commissioners for February 13 , 1978 , at approx- imately 9: 30 a.m. This meeting will take place in the County Commissioners ' Hearing Room, First Floor , Weld County Centennial Center, 915 - 10th Street , Greeley, Colorado . It is recommended that you and/or a representative be there to answer any questions the Board might have with respect to your application . It is the policy of Weld County to refer an application of this ' Dn nature to any town lying within 3 miles of the property in question . �; ~ Therefore, our office has forwarded a copy of the materials to the 0 0 \ Town of Eaton for their review and comment . According to our records , the Town of Eaton will review and comment on your applica- ay `' s��o tion at their Planning Commission meeting on February 8 , 1978 . ��`?`' ��os.?c? Please contact Gary Carsten with the Town of Eaton at 454-2876 for la�Q\ further details concerning the Eaton Planning Commission meeting. pe oo� • 2cb J� If you have any questions with regard to this matter , please do not ��a hesitate to contact our office. � • ocb CD 4Z, Respectfully, �.� ,elx.9.4/ at/v.3+ 4'�( A10 . Chuck Cunliffe i f f e � Assistant Zoning Administrator aca 1 a, a Yo o c ao,a� o� ,. CC:kmh kmh 4),z, ` o �Q Q � Jo ch o c' o,1 3 0� `r co al` i z , .1 � 'a DE AR !WENT OF PLANNING SERVICES PHONE (303) 356-4000 EXT. 400 915 10TH STREET O GREELEY, COLORADO 80631 Willie COLORADO January 9, 1978 Mark K. Fields 19896 Weld County Road 74 Eaton , Colorado 80615 RE: Request for a lot size variance on a parcel of land described as Pt . ERNE- Section 5, T6N, R65W of the 6th P.M. , Weld County, Colorado Dear Mr. Fields : Your application and related materials for the above described re- quest are complete and in order. I have scheduled a meeting with the Board of County Commissioners for February 13 , 1978 , at approx- imately 9: 30 a.m. This meeting will take place in the Countypprox- Commissioners ' Hearing Room, First Floor , Weld County Centennial Center, 915 - 10th Street , Greeley, Colorado. It is recommended that you and/or a representative be there to ans& the Board might have with respect to your appl ic; NO. O©L.J 9 8 6 RECEIPT FOR CERTIFIED MAIL It is the policy of Weld County to refer an appl nature to any town lying within 3 miles of the p: N��NOT RFOR INTERNATONAL MAANCE COVERAGE IL N Therefore, our office has forwarded a copy of the (See Reverse) Town of Eaton for their review and . comment . Acc( SENT aTO r records, the Town of Eaton will review and commel STREET kAND Fields tion at their Plannir ._ - T Please contact Gary ( . • further details conc( g If\ in in o, v ci "cr oo r,, ... If you have any ques- N • . . b �r _ & � ' hesitate to contact c , �' W b m '�'� z_ A ,:. ' : caLc) z b '. `'\°t Respectfully, : '°l It 00 .71v b o o •�Q \. u 0.9\.ka, elLtia:1 ) h o 71 § i -0 i 1 i 0 0 0 x % u ' \ f 6 Chuck Cunliffe 't a:i 1R .� o cd J Assistant Zoning Adm= _4 •� b -o P '-' v P •• i N r w ^\co t 41 , gN -f m CC :kmh kmh N U a ` •S r-,\, t •`a d iIUtiiiI' E C i v W S p z c J O O O < CD 0 W W . W Q �M 1 '441]op El Ai. 0 r-i'm c=t1 1 {0 PS Form 3811,Nov.1978 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL __ T I)I I'/\I? I MI N I ( )I PI ANNIN6 `;I HVICI S PHONE (3031 356-4000 EXT. 400 915 10TH STREET WEI C GREELEY, COLORADO 80631 • COLORADO January 24, 1978 Mark K. Fields 19896 Weld County Rd. 74 Eaton, CO 80615 RE: Request for a Lot Size Variance on a parcel of land described as Pt . EZNE4. Section 5, T6N, R65W bf the 6th P.M. , Weld County, Colorado Dear Mr. Fields : Please be advised that when I originally scheduled the above described request for February 13 , 1978 , before the Board of County Commissioners, I was not aware that it is a legal holiday which will be observed by Weld County . Therefore , I have rescheduled your request for February 15 , 1978, at approximately 9: 30 a.m. an? This meeting will take place in the County Commissioners ' 2 w9�°.0 Hearing Room, First Floor, Weld County Centennial Center, y w = 915 - 10th Street , Greeley, Colorado . It is recommended O owar. CD ern' w that you and/or a representative be there to answer any c„• 3 questions questions the Board might have with respect to your request . C ;-' 1 may. If you have any questions with regards to this matter , a �a please do not hesitate to contact our office. Q, • rn Respectfully, CD dui& Culla+ IR) CD d G O 3 O (n N O - Chuck Cunliffe c7,-3 o m c Assistant Zoning Administrator co o gd CD O CC:kmh m2, CD =WA) �N 3 oCD 72-. m.CD n 4°K a n -4gn N m3 N CDcno mo o ca a co fA n CD '41111.1311 ' I )1 P/\I? I MI N I ( )I PI ANNIN(; `,I IiVI(:I_S PHONE (303) 356-4000 EXT. 400 915 10TH STREET ' ill I I O GREELEY, COLORADO 80631 • COLORADO January 24 , 1978 Mark K. Fields 19896 Weld County Rd. 74 Eaton , CO 80615 RE: Request for a Lot Size Variance on a parcel of land described as Pt . E2NE4 Section 5 , T6N, R65W bf the 6th P.M. , Weld County, Colorado Dear Mr. Fields : Please be advised that when I originally scheduled the above described request for February 13 , 1978 , before the Board of County Commissioners , I was not aware that it is a legal holiday which will be observed by Weld County. Therefore , I have rescheduled your request for 1978, at approximately 9: 30 a.m.placeCounty NO. 8 RECEIPT FO 9 9 This meeting will take in the Comr R CERTIFIED 6MAIL NO INSURANCE COVER loA 0V1DE0 Hearing Room, First Floor, Weld County Centenn NOT F0RINTERNATIpNA�ppMAIL _ 915 - 10th Street , Greeley , Colorado . It is r SENT TO (See Reverse) that you and/or a representative be there to a Mark K. Fields questions the B`"" ' m� crht ha VP with resoect to _ITFEAT AND NO._ • I If you have any u I .a in o i. Fr please do not h a Respectfully, o a) �; : • : c ° -� W`"UM A eoCkAA Cg 0 : .,t : 74-,.., ,,,.., �y •� "62 'j� pvp Q'i O ` i A4 .. �2 Zi 'L7id c4) 4 �p I Chuck Cunliffe N` > �, u v w i TS S v "CI v }i•' .}a Z `� Assistant Zonin N c g .b • u c O O 0 a u �.iIli gv � Ew � a C0i'cl � � rbco i . CC:kmh t, • Coa Iii E �pp o c) z ccoo v ..r. ... c0 Q td A tI/Y� '� '-- O V W fgg U2 .2 O O .;il O 0 q s E 1r > a did .c7 •.. W W "I O K C 4 o�E a sa Ja e c cpO ° o D ;0.. W u< •ow Egg g I °< 6 ° W O Et 6B O Is CS) �'i 24,20 W W V 0 2 v P4 04 cn "f • V k C2 w J Q '.. " \‘ 1O,\, tc/ J V g ODD O e-, ,p a) da "< o o i w r-Iw < 0 .21g < 0 la H N 4 gi tO PS Form 3811,Nov.1976 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL . ,i a-_ , MEMORAnDUM igiik To Planning CommissionFebruary 10, 1978 Date COLORADO From Mark Fields - Lot Size Variance Subject: No engineering problems anticipated by this request . An on 'te inspection has not been made of this request . .. l gVierk_. Gilman E. Olson mm 4 f , ,,� ; FEB )078 =? c : iVED \, . . ':,1 ', E _L sIo ;1 s, J Hello