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HomeMy WebLinkAbout300001.tiff Rewtded.._.:. - ----�at± o•eloet._.'_.M. BOOK I J9 °Ant r r f. .,,eery. ItecmUoa No..._____-_- alt.t .__-_}LC_.-;vim:1flL altecorder 'Clio Pub., Made this fourteenth - .- - - - - - day o: August it the year of our Lord one thousand nine hundred and thirty ( 1930) , between • .. — William S . Wylie - - - - - - - - of the County of Weld. , and State of Coloralo, of the first par:, and Weld County ,nt a idunicipal Corporation of the County of , and State of Colorado, of the second part: WITNESSETH, That the said part y of the first part, for and in consideration. of the sum of Qne Dollar and other valuable considerations- - - --DJ RS. to the said parts of the first part in hand paid by the said part y of the second part, the receipt where- of is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed and by these presents do es grant, bargain, sell, convey and confirm unto the said part y of the second part,and its Mid zeMassigns forever, all the following described lot or parcel of land, situate, lying and being m the County of Weld and State of Colorado, to-wit: The mast one hundred thirty eight ( 138 ) feet of Lot Eleven ( 11 ) in seaman and Cranfords subdivision of the East half (E*) of Block lot , in the city of Greeley, subject however to that certain deed of trust dated January 3 , 193U, recorded in book 887 , page 4b1, Weld County Records which second party assumes and agrees to pay . TOGETHER with all and singular the hereditaments 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, claim and demand whatsoever of the said party of the first past, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, will: the appurtenances, into the said party of the second part, and its nB$Lfl assigns forever. And .he said -William S . idylie party of the first part, for heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said part y of the second part, and its ]li>¢nn assigns, that at the time of the ensealing and delivery of these presents he is well seized of the pro mises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and haS good right., full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes assessments and incam- brances of whatever kind or nature soever: and the above premises, in the quiet and peaceable possession of the said part y of the second part an d i t 8 innayt,assigns, against all and every person or persons lawfully claiming or to claim the whole or any part there- of, the said party of the first part shall and will WARRANT AND FOREVER DEF.'sND. IN WITNESS WHEREOF, The said party of the first part ha S hereunto set hiS hand and seal the day and year first above written. �iJ1�QC.Cf�Y�. I (SEAL) (SEAL) -_—_ -(SEAL) STATE OF COLORADO, as. The foregoing instrument was acknowledged before mo this-. 14 tiay of_ Countyof Weld. 1 August_----_ 30, by William S. Wylie - - • WITNESS my hand and Official Seal. D Sept. 1st 19 My Commission Expires X b C Notary Public/ WARRANTY DEED • Cell) O .d b 0 m >: A d o o 1.1 o I, d Q & W • O x N AP WIN ri v m cci > al w r ;s' G : y a a '^/ S7'�' i O U) O ,d o pl P'. F A m v e'�'', E 0 O w d C) 4-- : . G p o ,:r a y, •'� O i Qj 1 c N Zr-Y r .7 ❑ o I/+VI rl N 0o t,O „�. $ 3 piy 3 il $' ♦1 14th 84 us : (., T. r' y ecewta ....A_ _a3"...4..dee‘ ..4.--- 6:)/relaffe-r---- - , 'cq{,-,, /1 2 % . C,' 5 J 2d I 36 oa Recorded __ _ -__. - . -_tn_.�___O'CLOCK 1\i..'�{ Reception No. I(-4bSU tub'.A.bTE t �!•ltl4QefzRISON lCnnw all 1 : en hg these Presents, That Whereas, ill i . li3 of the County of ;eld in the State of Colorado, by deed of Trust dated the ird day of <7 .'nu - r , A. D. 19 :1% , and recorded in the office of the County Clerk and Recorder of the County of Weld, in the State of Colorado, on the ti day of , A. D. 19 , in book Furl at page ,c1 of the records in said office, conveysd to the Public Trus- tee in and for the County of Weld, certain real estate in trust to secure the payment of the indebtedness mentioned therein; AND WHEREAS, The said indebtedness has been paid and the purposes cf said trust have been fully satisfied; 11,i L& nu . __1� I ' ' t NOW, THEREFORE, At the request of the beneficiary of said Deed of Trust, the legal holder of said indebtedness, and in consideration of the premises, and of the sum of Two Dollars, to me in hand paid, the receipt where of is hereby acknowledged, I, as such Public Trustee do hereby release and quit- (-Taint unto the present owner or owners of said real estate and unto the heirs and assigns of said owner or owners forever, all the right, title and interest which I have under and by virtue of said Deed of Trust in and to the said real estate in said Deed of Trust particularly described, reference to which is hereby made for greater certainty; TO HAVE AND TO HOLD THE SAME, Together with all and singular, the privileges and appurtenances thereunto belonging forever, and do by these presents release, cancel and forever dis- charge said Deed of Trust. WITNESS my hand and seal this tbth day o --u "t; t , A. D.. 19' (SEAL) • As the Public Trustee in and for the County of Weld. The Public Trustee in and for the County of Weld: Please execute this release as the above mentioned indebtedness has been paid and the purposes of said trust have been fully satisfied. The legal holder of said indeb_edncss, tie benefit Tara of said deed o trust. STATE OF COLORADO, }SS. COUNTY OF WELD I, , a ?Votary Public in and for said 1 County, in the State aforesaid, do hereby certify that `' ' as the Public Trustee in and for the County of Weld, who is personally known to me to be the person whose name is subscribed to the foregoing release Deed of Trust, appeared before me this day in person, and acknowledlygd that he signed, sealed and delivered the said instrument of writing as his free and voluntary eta a0d4eml;.lor the uses specified therein. Given undcr.niy,hend and official seal this ..,, day of — , A. D. 19 My can:mission etcjras 1. D. 19 RELEASE OF DEED OF TRUST BY THE PUBLIC TRUSTEE—Short Form ~ r2 ? l 1 8 0 Q; y : . 2 .. « . ^\� < \ } K. % . Gn § k $ # / ` /f , i \ } » / ) C gam ) 0 . ‘..--N •.) g { \ m — 2 J \ / \ CI o > \\ IX , % Q \ - »/ » w { m « . {` � o , \: \ }. 'PI cTh R {| ! ,...1 b \ \ § Q\ & \® d/ / � \ j \ 0 t \ .... \ \ \ \ / 2 « t ! wB \ \ � ' ® < A % a © « ± _ ` w »\ ® } %) \ ' / 7 - \ O4 . « . , q ii ,r 3 N \ \ ,J11 ,1/4,:z.. I ,III A ✓ ' y' Iii' 1 t Cr h \ a1 Tj" p h I 1.,ti s o �„ A M H I \ C '?: A O A • N vA y , I. m H � y a I m m \ \ \ III h I m c', mI H, m c tWWy I. m.v�V II. ! I ch 1 v m a m: m R C , 0o a. >I m -v m I m ''i F, V), 41):' \ rI. O :11 - V • AII � I' yIII .---,. ,tl r-1, y\VWW , Ii °o • N H 'C I ��m : oo f I C o k \NN, w ID `' \m I I tl ' 'v v L J W \\ \ \ ,'i I \ mO `I f'^� z w �A A L tC.N I' c p,n a OI •v�Oy O FJ I 1 N � •• A Y �I a � • gym x , v w \ \'� N W \ \\\ \'d f'r •ri W II r+ ❑ N P 4+ .-4, v m Y VI 01 I �l m • C m h WY c43 .s,4,\ 'O 7, O n \XN�--1 N) HN t COI \\\\.n.-+ 0 , O C,�1 ' � NO C C c n • e Si \\\\ �1'o d tl I \ ' y \op o. p III w C1 OI \ \ ' \ F FI aI, al IIlV illll U7U gl � Xvv ., 0. � d � \ � \'ma I 1 `\ \ \ \yam N ' `{ ' 4. `� \ c• �pq q �� JAN 4 A Recorded —_ —.._._ —at 7 O'Cie _M. 887 �i • Joa 11b1 .) H. C. GRABLE AN PLGE*o1 Reception No. ---._——__— Recorder O1to Jnbttifltre, Made this ---3rd--- day of ---January--- in the year of our Lord one thousand nine hundred and----Thirty batween William S. Wylie whose address is Greeley, County of Weld State of Colorado, party of the first part, and the Public Trustee of the County of Weld , State of Colorado, party of the second part, Witnesseth: THAT, WHEREAS, The said William S. Wylie ha a executed his one promissory note , bearing even date herewith, payable to the order of Albert S. Keys --Three years-- after the date thereof, for the principal sum of ONE THOUSAND -Dollars, with interest thereon from date until maturity at seven per cent, per annum interest payable semi-annually AND WHEREAS, The said William S. Wylie desirous of securing not only the prompt payment of said promissory note , but also of effectually securing and indemnifying the said Albert S. Keys for or on account of any assignment, indorsement or guarantee of said promissory note NOW, THEREFORE, The said party of the first part, in consideration of the premises,and for the purpose aforesaid, and in the further consideration of one dollar to him in hand paid by the party of the second part, the receipt whereof is hereby confessed, ha a granted, bargained, sold and conveyed, and hereby doesgrant, bargain, sell and convey unto the said party of the second part, in trust forever, all the premises situate in the County of Weld , State of Colorado, known and described as follows, to-wit: The East one hundred thirty-eight feet (E 138') of Lot Eleven (11), in Seaman & Cranford's Subdivision of the East one-half of Block One Hundred Sixty-one (161) in the City of Greeley, Colorado, according to the recorded nap or plat thereof. qr _P� �'�,. P'• ec ,r1� q�1 Q eta i DEED OF TRUST—Public Trustee—Receiver's Clause—Attorney's Fees. BOOK 88 f PAGE 1)2 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 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 or any of them, or in the payment of any prior incumbrance, principal or interest, if any, or in case default shall be made in, or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained, then, upon notice and demand in writing, filed with the said party of the second part by the beneficiary hereunder or the legal holder of the indebtedness secured hereby, that such beneficiary or legal holder has declared a violation of any of the covenants herein contained, and has elected to advertise said premises for sale, and demands such sale, it shall and may be lawful for said party of the second part to sell and dispose of the said premises (en masse or in sepa- rate parcels, as said Public Trustee may think best), and all the right, title and interest of said part y of the first part, his heirs or assigns therein, at public auction at the east front door of the Court House, in Greeley, Weld County, , State of Colorado, or on said premises, or any part thereof, as may be specified in the notice of such sale, for the highest and best prices 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 copy of which printed notice, shall within ten days from date of first publication of said notice be mailed to the part y of the first part at the address herein given and to each and every person who appears to have acquired a record interest in said real estate, subsequent to the recording hereof, whether by deed, mortgage, judgment or any other instrument of record, at the address given in the recorded instrument of writing, and to make, execute and deliver to the purchaser or purchasers at such sale, certificate or certificates, and to make and give to the purchaser or purchasers of such lands, tenements and premises, at such sale, a certificate, or certificates, in writing, describing such lands, tenements and premises purchased, and the sum, or sums, paid therefor, and the time when the pur- chaser or purchasers (or other person entitled thereto), shall be entitled to a deed, or deeds, therefor, unless the same shall 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 premises sold, 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 lands, tenements and premises sold, 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 persons entitled to such deed, as grantee, the said lands, tenements and premises sold as aforesaid, and all the right, title, interest, benefit and equity of redemption of the part y of the first part, his heirs and assigns therein, and shall recite the sum or sums for which the said lands were sold, and shall refer to the power of sale herein con- tained, and to the sale or sales made by virtue thereof; and in case of an assignment of such certificate or certifi- cates of purchase, or in case of the redemption of such lands, tenements and premises sold hereunder, by a subse- quent incumhrancer, 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 Trustee shall, out of the proceeds or avails of such sale, atter first paying and retaining all fees, charges and costs of making said sale and advertising said premises, pay to the beneficiary hereunder, or the legal holder of said note the principal and interest due on said note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at ten per cent. per annum, rendering the overplus, if any, unto the said part y of the first part, his 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 y of the first part, his heirs and assigns, and all other persons claiming the premises aforesaid, or any part thereof, by, from, through or under said part y 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 is required, the maker of the note hereby secured, his heirs or assigns, hereby agree to pay all the expenses thereof. And the said party of the first part, for himself, and for his heirs, executor and administrators, covenant 9 and agrees to and with the said party of the second part, that at the time of the ensealing of and delivery of these presents he is well seized of the said premises in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and forma as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims he may have in or to said premises as a Homestead 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 incumbrances whatever and the above barrainod promises in the quiet and peaceable possession of the said party of the second part, his successors and assigns, against all and every person or persons lawfully claiming, or to claim the whole or any part thereof, the said part 7 of the first part shall and will Warrant and Forever Defend. And the said part y of the first part will, in duo season, pay all taxes and assessments on said premises; all amounts due on account of principal and interest on prior incumbra.nces, if any; and, at the request of the legal holder of said note will keep all buildings that may at any time be on said premises, during the continuance of said indebtedness, insured against loss by fire in such company or companies as the holder of said note 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 the said party of the first part, with loss, if any, payable to the beneficiary hereunder as his interest may appear, and will deliver the policy or policies of insur- ance to the beneficiary hereunder, as further security for the indebtedness aforesaid. And in case of the refusal or neglect of said part y of the first part, or either of them, 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 inemnbrance, if any, then the holder of said note 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 ten per cent. per annum, shs ii become so much additional indebtedness, secured by this deed of trust, and shall be paid out of the proceeds of the sale of the lands and premises aforesaid, if not otherwise paid by said party of the first part. AND IN CASE OF ANY DEFAULT Whereby the right of foreclosure occurs hereunder, the second party, or the holder of the said note or certificate of sale, 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 rights BOOK 0017 RRGE4be) and during the pendency of foreclosure proceedings and the period of redemption, if any there be; and such pos- session, etc., shall at once be delivered to the second party or the holder of said note or certificate of sale on request, and on refusal, the delivery of such possession may be enforced by the second party or the note holder or certificate holder by any appropriate civil suit or proceeding, including action or actions in ejectment, or forcible entry, or unlawful detainer, and the said second party, or the holder or holders of said note or certificate of pur- chase, or any thereof, shall be entitled to a Receiver for said property,and of the rents, issues and profits thereof,after any such default, including the time covered by foreclosure proceedings 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 first party or of the owner of said property and without regard to the value of the property, and such Receiver may be ap- pointed by any court of competent jurisdiction upon ex parte application, and without notice—notice being hereby expressly waived, and the appointment of any such Receiver on any such application without notice being hereby consented to by the said first party, for and on his own behalf and on behalf of his heirs, assigns and legal repre- sentatives, and all persons claiming by, through or under him or them—and all rents, issues and profits, income and revenue of said property shall be applied by such Receiver according to law and the orders and directions of the court. tea„ AND IT IS STIPULATED�^, AND AGREED, That in case of default In any of said payments of prin- cipal or interest, according to the tenor and effect of said promissory note 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 party of the first part, his executors, 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 premises be sold in the manner and with the same effect as if the said indebtedness had matured, and that if foreclosure is made by the Public Trustee, the maker of the note secured hereby agrees to pay the sum of dollars as attorney's fees for services in the supervision of said foreclosure proceedings, said fee to be allowed and added by the Public Trustee to the cost of foreclosure and to be and become a part of the lien hereby secured. IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand and seal the day and year first above written. (SEAL) -------------------"------(SEAL) WITNESS: STATE OF COLORADO, County of Weld. ss. I, Herman J. Bartels a Notary Public in and for said County of Weld in the State aforesaid, do hereby certify that William S . Wylie who is personally known to me to be the person whose name is subscribed to the foregoing deed, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument of writing as his free and voluntary act and deed for the uses and purposes therein specified. • °My'nptblr.(al commission expires December 9th, 1930 , 19 . b '1il,�en odbir try hand and Notaria 1 this 3rd day of January , A. D. 19 30. = C 7 ° B L` u 79, Notary Public. ,, DEED OF TRUST—Public Trustee—Receiver's Clause—Attorney's Fees. ge 0 ® � � is ! 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