HomeMy WebLinkAbout780530.tiff �o5� Recorded t h MAR J 1, "l 1_��„��
� ; )< o'clock ,7 M... P ltrAT"r� . �l 82a� Reception No._._1746 04 . MARY ANN FF.W6RSTEIN 0$1 FewELDAk ss.
-- -- Rs with the Clerk of the Board
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Commlaoieaeta '
This INDENTURE, Made this U 1-t, day of (VI. �>.C i.1 ot MAR 171978
lin the year of our Lord one thousand nine hundred and (78) seventy-eight
between Weld County Planning Services - Housing Division
I whose address---___- 915 10th Street, Greeley, Colorado 80631 L°'ae'DL"aaa'ummen I
part ies of the first part, and the Public Trustee of County of Weld
, in the State of Colorado, party of the second part, Wltnesseth:
—
THAT, WHEREAS, The said Edith N. Brush
co
!-- ha s executed said promissory note bearing even date herewith, for the principal sum of
r- three thousand six hundred seventy two Dollars,
payable to the order of •
4 e satins, Weld County Department of Planning Services ,
o wh aosgttatWees�Q-sr,�r__ 915 10th Street, Greeley, Colorado 80631
N �`�aY4.: ,044,'5 after the date thereof, with interest thereon front the date thereof
0 jit' e 'n�t' a at per cent per annum, payable The principal balance set forth
o e h 1 `bee alld in five (5) equal annual installments on each of the five (5)
i �n ivlirsary dates following the date of this note. Each of such
%�n� lkc4''g excused from payment and shall not oeceme an obligation of the
co ...4”1.*A thijegal and equitable owner of the real property hereinafter refer
rdr.. to,if U1M' pttinued to reside nn the said real property during the proceeding
threef'NlkhWtodta and sixty five days . (365)
cc
I The principal balance of the note shall be reduced by twenty percent (20%) each
a calendar year the maker(s) continues(s) to reside at the aforementioned real
property.
AND WHEREAS,The said part ies of the first part being desirous of securing the payment of the
principal and interest of said promissory note in whose hands soever the said note or any of them may be.
{ NOW, THEREFORE,The said part, ies of the first part,in consideration of the premises, and for the purpose
aforesaid, do hereby grant, bargain, sell and convey unto the said party of the second part in trust forever,
following described property, situated in the County of Weld , State of Colorado, to-wit:
Lots 57, 58, and 59, Block "I", Evans Addition
1
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances, thereunto belonging:
In Trust Nevertheless, That in case of default in the payment of said note (s) or any of them,or any part thereof, or in the
payment of the interest thereon, according to the tenor and effect of said note (s) or any of them, or in the payment of any prior
encumbrances, principal or interest, if any, or in cue default shall be made in or n case of violation or breach of any of the terms,
conditions, covenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured hereby may
i declare a violation of any of the covenants herein contained and elect to advertise said property for sale and demand such sale, then,
upon filing notice of such election and demand for sale with the said party of the second part, who shall upon receipt of such notice of
election and demand for sale cause a espy of the same to be recorded in the recorder's office of the county in which said real estate is
situated, it shall and may be lawful for said party of the second Dart to sell and dispose of the same (en masse or in separate parcels,
as said Public Trustee may think best), and all the right, title and interest of said part ies of the first part, 1 t S
heirs or assigns therein, at public auction at the East front door of the Court House, in the County of Weld
State of Colorado,or on said premises, Or any part thereof as may he specified in the notice of.said sale, for the highest and best price
the same will bring in cash, four weeks' public notice having been previously given of the time and place of such sale, by advertisement,
weekly, in some newspaper of general circulation at that time published in said county of Weld , a eon of which notice shall
be mailed within ten days from the date of the first publication thereof to the said part ies of the first part at the address herein
given and to such person or persons appearing to have acquired a subsequent record interest in said real estate at the address given in
the recorded instrument; where only the county and state is given ns the address then such notice shall be mailed to the county seat, and
to make and give to the purchaser or purchasers of such property at such sale. a certificate or certificates in writing describing such
property purchased, and the sum or sums paid therefor, and the time when the purchaser or purchasers (or other person entitled thereto)
shall be entitled to a deed or deeds therefor. unless the same be redeemed as is provided by law; and said Public Trustee shall, upon
demand by the person or persons holding the said certificate or certificates of purchase when said demand is made, or upon demand by (
the person entitled to a deed to and for the property purchased, at the time such demand is made,the time for redemption having expired,
make and execute to such person or persons a deed or deeds to the said property purchased, which said deed or deeds shall be in the
ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the.said Public Trustee, as grantor, and shall convey
and quit-claim to such person or Demons entitled to such deed, as grantee, the said property purchased as aforesaid and all the right.
F
title, interest, benefit and equity of redemption of the part ies of the first part, its heirs and assigns
therein and shall recite the sum or save for which the said property was sold and shall refer to the power of sale therein contained, and
to the sale or sales made by virtue thereof; and in case of an assignment of such certificate or certificates of purchase, or in case of the
redemption of such property, by a subsequent encumbrancer, such assignment or redemption shall also be referred to in such deed or
deeds; but the notice of sale need not be set out in such deed or deeds; and the said Public Trusteeshall, out of the proceeds or avails u
of such sale, after first paying and retaining all fees, charges and costa of making said sale,pay to the beneficiary hereunder or the legal .
holder of said note (s)the principal and interest due on said note(s)according to the tenor and effect thereof, and all moneys advanced by
such beneficiary or legal holder of said note(S) for insurance, taxes and assessments, with interest thereon at- 0 —per cent per annum.
renderings the eventing, if any,unto the said psrtlesof the first part, its legal representatives or assigns; which sale or sales and said
deed or deeds so made shall be a perpetual bar, both in law and equity, against the said part ies of the first part, its
heirs and assigns, and all other pesos claiming the said property, or any part thereof, by. from, through or under said part i
of the first part. or any. of them. The holder or holders of said note or notes may purchase said property or any part thereof; and it
shall not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money. If a release
deed be required,It is agreed that the part ies of the first part, itS hairs or assigns, will pay the expense thereof.
,
DEED OF TRUST—Public Trustee—Receiver's Clause—Attorney's Fees. THE C.F. HOECKEL CO..DENVER
. 780530
825 1746804
And the said part ies of the first part. for itself and for its heirs, executors and adminie-di ;at
I trators, covenant (5)and agree (S)to and with the said party of the second part, that at the time of the tasselling of and delivery of
these presents being well seized of the said lands and tenements in fee simple, and ha S good right, full power and
lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; hereby fully and absolutely waiving and
releasing all rights and Claims It may have in or to said lands, tenements, and property as a Homestead Exemption,
or other exemption, under and by virtue of any act of the General Assembly of the State of Colorado, now existing or which may hereafter
be passed In relation thereto and that the same are free and clear of all liens and encumbrances whatever.
i
and the above bargained property in the quiet and peaceable possession of the said party of the second part, his successors and assigns, i
against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said Dart ies of the first part
shall and will Warrant and Forever Defend.
And that during the continuance of said indebtedness or any part thereof the said part ies of the first part will in due season
Day all taxes and assessments levied under the laws of the State of Colorado (except income taxes) on the obligation hereby secured; and
assessments levied on said property; all amounts due or to become due on account of principal and interest on prior encumbrance, if
any; and will keep sill bull4mlp that may at any time be on said lands, insured against loss by fire in such company or companies as 1.
the holder of said note l g)may. from time to time direct, for such sum or sums as such company or companies will insure for, not
to exceed the amount of said Indebtedness, except at the option of said part ies of the first part, with loss, if any, payable to the
beneficiary hereunder, as its interest may appear, and will deliver the policy or policies of insurance to the beneficiary hereunder,
as further security for the indebtedness aforesaid. And in case of the failure of said part ies of the first part to thus insure and deliver
the policies of insurance, or to pay such taxes or assessments or amounts due or to become due on any prior encumbrance, if any, then
the holder of said note (g) ,.or any of them, may procure such insurance, or pay such taxes or assessments or amounts due upon prior
encumbrances, if any, and all moneys thus paid, with interest thereon at — 0 — per centum per annum, shall become so much
additional indebtedness, secured by this Deed of Trust, and shall be paid out of the proceeds of the sale of the property aforesaid, if not
otherwise paid by said part les of the first part and may for such failure declare a violation of this covenant and agreement.
AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the said party of the second
part or the holder of said note (g) or certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the
property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure 4
proceedings and the period of redemption, if any there be; and such possession shall at once be delivered to the said party of the second
part or the holder of said note (g) or certificate of purchase on request, and on refusal, the delivery of such possession may be enforced
by the said party of the second part or the holder of said note (5) or certificate of purchase by any appropriate civil suit or proceeding,
and the said patty of the second part, or the holder of said note (g)or certificate of purchase, or any thereof, shall be entitled to a Re-
ceiver for said property, and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure proceed-
ings and the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the solvency or
insolvency of the part leg of the first part or of the then owner of said property and without regard to the value thereof, and such
Receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice—notice being hereby ex-
• pressly waived—and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the
indebtedness hereby secured, according to law and the orders and directions of the court. -
AND, That in case of default in any of said payments of principal or interest, according to the tenor and effect of said promissory
• note (s)aforesaid, or any of them, or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the
•
part ies of the first part, theirecuters, administrators or assigns. then and in that case the whole of said principal sum hereby
secured, and the interest thereon to the time of sale, may at once, at the option of the legal holder thereof, become due and payable, and
'the said property be sold in the manner and with the same effect as if said indebtedness had matured, and that if foreclosure be made by
the Public Trustee, an attorney's fee of the sum of a reasonable amount dollars for
services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a part of the cost of foreclosure,
and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court'as a part of the costs of such fore-
closure proceedings.
IN WITNESS WHEREOF, The said part ies of the first part ha ve hereunto set its hand and seal
the day and year first above written.
WITNESS: (SEAL)
(SEAL)
c (SEAL)
The foregoing instrumgnt was acknowledged before me this g L.
STATE OF COLORADO,
7 as, day of r' , 1 , by
county of Weld ��
�„ •
JHH tlnfN�Afffy. - fitness my hand and official seal.
�'+k r_ •06!,4 My �mm on alai .- �)
r. r y
( `', i•�y�`,3 ..._k, Notary Public.
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825 PAGE 1 of 2
PROMISSORY NOTE
HOUSING GRANT
AMOUNT OF GRANT: $ 3, 672.00
STATE OF COLORADO )
COUNTY OF WELD ) SS.
The undersigned maker (s) hereby promise (s) to pay to the
order of Weld County Department of Planning Service - Housing Div-
ision, acting through the Board of County Commissioners, Weld
County, Colorado, the sum of $ 3, 672.00 without interest in
accordance to the foregoing conditions.
The principal balance set forth above shall be paid in five
(5) equal annual installments on each of the five (5) consecutive
anniversary dates following the date of this note. Each of such
payments shall be excused from payment and shall not become an
obligation of the maker(s) of this note, if, on the annual payment
due date, the undersigned maker (s) is the legal and equitable owner of
the real property hereinafter refer to, and has continued to reside
on the said real property during the proceeding three hundred and
sixty five days (365) .
The principal balance of the note shall be reduced by twenty
percent (20%) each calendar year the makers) continue (s) to reside
at the aforementioned real property.
NOTWITHSTANDING any of the foregoing provisions for payment,
the entire outstanding balance shall he due and payable in one
full sum if, the real property described herein is transferred at
any time before _ 1-k �? 3 , 19g3.
(insert date 5 yearm date of note)
•
For the purpose of this note a transfer shall include the sale,
gift, or any other transaction involving the conveyance of the legal
and equitable title to the real property hereinafter described and
specifically shall include, but not be limited to, a lease with an
option to purchase, any attempt to sublet said real estate or any
rental lease agreement in connection therewith, or any installment
sales contract, any deed transferred into escrow and any other tran-
saction designed to transfer the legal and equitable title or
interest in said real estate immediately or at a future date, within
the five year period from the date of execution of this note. Trans-
fer means any transfer of the property, except that caused by death
of the owner, by deed or otherwise, or possession of the property
for occupancy by one other than the original owner, whether by
deed, lease or otherwise, unless such lease of the property is
necessitated by the illness of owner making it impossible for
owner to properly take care of the property. This covenant shall
be binding upon the heirs, descendants or devisees of the owner for
the full five year term of the agreement.
The maker (s) acknowledge (s) that the real property herein
referred to shall serve as collateral for payment of this note,
pursuant to the recording of a Deed of Trust with the Weld County
<U.J 825 1 `� �f7t{�•� PAGE. 2OF(L
y- 4
= Trustee, of even date. the Real property is described as follows :
LEGAL DESCRIPTION: Lots 57, 58 and 59, Block "I" ,
Evans Addition
WAME OF OWNER(S) : Edith N. Brush
'ADDRESS AND TOWN: ;417 Johnson Street,, -Evanston, Colorado 80530
The . undersigned maker(s) further acknowledge (s) that the purpose of
this note, and the Deed of Trust given to secure it, is to assure
the Maker' s (s ' ) compliance with provisions of the grant award by the
Board of County Commissioners, Weld County, Colorado.
The undersigned maker (s) further acknowledge (s) that the making
of the grant award to (Him) Her (Them) constitutes sufficient
and adequate consideration for this note.
This Note will not be negotiated or otherwise transferred or
pledged by the Weld County Department of Planning Services -
Housing Division, unless the transfer is made to the Board of
County Commissioners , Weld County, Colorado, or is made after
default to facilitate collection.
Owner (s) Signature
WITNESS:
L T..�.. ' �I 1 Q.A.��, � �767 Owner (s) Signature
Signature
777 nA
Dated
The 7 foregoing instrument was acknowledged before me this
l__ day of (1/4(A.?,C � 1918by FS1) Nt
iZ41 � 4I ( 1�ICc=(�
name o maker (s enter Hus and and Wife if ap¢licable
My commission expires:_ 1M1 _ L 9 C4
Enter month, day and year
WITNESS my hand and officia seal.
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