HomeMy WebLinkAbout780818.tiff RESOLUTION
RE: DENIAL OF RECORDED EXEMPTION NO. 294 - FLOYD AND ROBIN FREDRICKSON.
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 , on December 12 , 1977, at a regularly scheduled
meeting of the Board of County Commissioners, the Board heard
the request of Floyd and Robin Fredrickson for a Recorded
Exemption No. 294 on the parcel of land described below, for
the purpose of obtaining long-term financing for a new residence
constructed on said property by the Fredricksons , and
WHEREAS, the Board of County Commissioners heard the recom-
mendation for denial of Recorded Exemption No. 294 made by the
staff of the Department of Planning Services , and heard the
statements of Mrs. Fredrickson regarding the financing of the
property, and
WHEREAS, the Board of County Commissioners took the matter
of Recorded Exemption No. 294 under advisement until such time
as the Board could arrange a meeting with the lending insti-
tution involved in this matter to ascertain whether alternative
methods of guaranteeing financing could be employed which would
avoid granting a recorded exemption for such purpose, and
WHEREAS, on January 19, 1978 , the Board of County Commissioners
did meet with representatives of Megapolitan Mortgage Company of
Boulder, and discussed the alternative methods of providing
security for loans on large agricultural properties, and
WHEREAS, it was agreed at said meeting that alternative
methods are available which would avoid the granting of recorded
exemptions for lending purposes, including such methods as the
granting of subdivision exemptions and the use of partial releases
on existing deeds of trust, and
WHEREAS, the Board of County Commissioners considered the
matter of the Fredrickson Recorded Exemption No. 294 at a regularly
scheduled public meeting held on the 25th day of January, 1978 ,
in the Chambers of the Board of County Commissioners of Weld
County, Colorado, and considered the statements of the applicant,
1� 76 - 911
780818
the recommendations of the staff, and the findings of the
meeting of January 19, 1978, and
WHEREAS, the Board of County Commissioners has determined
that the division into two parcels of a certain parcel of land,
as shown on the plat known as Recorded Exemption No. 294, being
the property of Floyd and Robin Fredrickson, located on a parcel
of land in Part of the NE4 of Section 15, Township 6 North, Range
64 West of the 6th P.M. , Weld County, Colorado, being more particu-
larly described as follows:
Beginning at the Northeast Corner (NE Cor) of said Section
15, and considering the East line of said Section 15 as
bearing South 00°00'38" West, with all other bearings
contained herein relative thereto;
Thence South 00°00'38" West, along said East line,
1305.35 feet; Thence South 89°39'52" West, 501.15 feet;
Thence South 00°00'38" West, 40.64 feet;
Thence South 89°56'33" West, 2129.59 feet;
Thence North 00°25'30" West, 1351.09 feet to a point
on the North line of said Section 15;
Thence North 90°00'00" East, along said North line,
2641.00 feet to the Point of Beginning.
Said described parcel of land contains 81.192 acres,
more or less, including a strip of ground 30 feet in
width along the North and East lines of said described
parcel, reserved for County Road RCJ purposes and is
subject to any rights-of-way or other easements as
recorded by instruments of record or as now existing on
said described parcel of land.
would come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , as set out in Section 30-
28-101 (10) (d) , CRS 1973, as amended, and Section 2-lA of the
Weld County Subdivision Regulations, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado finds that this particular proposed division of land
is not compatible with the purposes of the Weld County Sub-
division Regulations and the Weld County Comprehensive Plan,
as set forth in the recommendations of the Department of Plan-
ning Services dated January 20, 1978 which recommendations
are incorporated by this reference as a part hereof.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the application for
a Recorded Exemption No. 294 made by Floyd and Robin Fredrickson,
be , and hereby is, denied for the reasons set forth above.
-2-
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
January, A.D. , 1978 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: ‘nelaAA, Lv1/4;Atigitary
Weld County Clerk and R corder
erk to the Boa
Deputy Coun erk
-''A R VE AS TO FORM:
oto
County Attorney
Date Presented: February 1 , 1978
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cc: resolution denying RE #294
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DEPARTMENT OF PLANNING SERVICES
PHONE (3031 356-4000 EXT. 400
915 10TH STREET
WI I D O GREELEY COLORADO 80631
COLORADO
January 20 , 1978
Board of County Commissioners
Weld County, Colorado
915 - 10th Street
Greeley, Colorado 80631
RE: Recorded Exemption #294
Dear Commissioners :
The attached application , plat , and related materials are in
reference to a request by Floyd Fredrickson for a recorded exemp-
tion. The parcel of land is described as Pt . of the NE4 of Sec-
tion 15 , T6N, R64W of the 6th P.M. , Weld County, Colorado . Said
property is located 2A miles north and A mile east of Gill . The
subject property contains 81 . 192 acres of Class III irrigated soils.
tharequest is to split the property into parcels of 5. 0 acres and
76 . 192 acres. Currently, there is one existing residence on the
proposed 5. 0 acre parcel . The proposed 76. 192 acre parcel is
presently unimproved property.
Based upon the information submitted and the adopted policies and
regulations of Weld County, the Department of Planning Services
Staff recommends denial of the request for the following reasons :
1 . The proposed split does not comply with the Weld County
Comprehensive Plan, with the intent clause of the Re-
corded Exemption procedure (Section 9-2 of the Weld
County Subdivision Regulations) , and the intent clause
of the Agricultural District (Section 3 . 3A of the Weld
County Zoning Resolution) for the following reasons :
a. The request would not be encouraging agricultural
uses as the highest and best uses since it would
promote non-agricultural use of agricultural land
and,
b. It would not be providing for the orderly expan-
sion of urban growth, since the split would allow
two sets of improvements to be built (one on each
proposed parcel) and therefore create an urban
encroachment on rural land use and,
Board of County Commissioners
Page 2 - RE-294
January 20, 1978
c. The proposed split would be promoting the division
of agricultural land into smaller , less economic
parcel sizes.
2. The minimum lot size in the Agricultural District is 80
acres for irrigated land. The intent is to maintain
large enough tracts for farm purposes , and to assist in
the encouragement of agricultural uses of the highest
and best use of the land. The proposed split is in
violation of that intent .
R pe fully
homas E. Honn
Zoning Administrator
TEH: kmh
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alie% DEPARTMENT OF PLANNING SERVICES
WI I PHONE (303) 356-4000 EXT. 400
C. 915 STREET
GREELEY, COLORADO 6-4000 80631
COLORADO
December 12, 1977
Board of County Commissioners
Weld County, Colorado
915 - 10th Street
Greeley, Colorado 80631
RE : Recorded Exemption #294
Dear Commissioners:
The attached application, plat , and related materials are in reference
to a request by Floyd Fredrickson for a recorded exemption. The parcel
of land is described as Pt. of the NE$ of Section 15, T6N, R64W of the
6th P.P.R. , Weld County, Colorado. Said property is located 2z miles
north and z mile east of Gill. The subject property contains 81 . 192
acres of Class III irrigated soils. The request is to split the pro-
perty into parcels of 5. 0 acres and 76. 192 acres. Currently, there is
one existing residence on the proposed 5.0 acre parcel. The proposed
76. 192 acre parcel is presently unimproved property. As stated in a
letter dated November 18, 1977, which was submitted by Robin Fredrickson,
the reason for this recorded exemption request is to satisfy a loaning
institution by severing the 5. 0 acre parcel from the remainder of the
81 acres.
Based upon the information submitted and the adopted policies within
the County, the Department of Planning Services Staff recommends the
request be denied for the following reasons :
1. It is the opinion of the Department of Planning Services Staff that
the loaning institution should not dictate land use policy decisions
by requiring separate deed of parcels for mortgage purposes. Under
State Law there is provision for allowing financing on part of a
person ' s property without creating a separate parcel for that part
to be mortgaged. This is referred to as a partial release deed of
trust . If the property owner defaults payment to the loaning in-
stitution, then the loaning institution can foreclose on the acreage
which was bound by the partial release deed of trust . Through this
foreclosure procedure, the parcel becomes a separate legal lot under
State Law.
2. The proposed split does not comply with the Weld County Comprehensive
Plan, with the intent clause of the recorded exemption procedure
(Section 9-2 of the Weld County Subdivision Regulations) , and the
Board of County Commissioners
RE-294 Page 2, con' t.
December 12, 1977
intent clause of the Agricultural District (Section 3 . 3a of the
Weld County Zoning Resolution) for the following reasons :
a. The request would not be encouraging agricultural uses as
the highest and best uses since it would promote nonagricul-
tural use of agricultural land and
b. It would not be providing for the orderly expansion of urban
growth, as it would encourage urban encroachment on rural land
use.
3. The minimum lot size in the irrigated Agricultural District is 80
acres. The intent is to maintain large enough tracts for farm
purposes, and to assist in the encouragement of agricultural uses
of the highest and best use of land. The proposed split is in
violation of that intent .
Re ectfully
homas E. Honn
Zoning Administrator
TEH:kmh
API (.AI ION IOR 71 LORIILU I.XLIUnor!
. ,,cld County Planning Cmmmission 353 2? 12 Services Itirildinl , Grk.el v , LotC, .
FUR PLANNING DEPT . USL ONLY . __ __ _.
LAND CODE : CASE NO :
T : — _.—5 : — — I /4 : OAR :. Or
LEGAL UESC . APPR : APPI_ ft �X`
APP . CHECKED BY : RECORDING FEE : kit
DATE SENT TO BOARD : RECEIPT NO .
DATED FILED & RECORDED :
��� _
TO BE COMPLETED BY APPLICANT : (Print or type only except for requi-rec
signatures ) :
I (we ) , the undersigned hereby request that the following described n -ol --
erty be designated a recorded exemption by the Weld County Board of County
Commissioners : LEGAL [DESCRIPTION :
, e,e ash Lack plash
•
ACREAGE : LOT "A1 .51) (>C) + (b.thc _; ' I.OT °B " 14,b,( 612 #_19,244) 1014 : Q/. 112I4
HAS THIS PROPERTY BEEN DIVIDED FR M OR HAD DIVIDED BROM IT ANY OTHER PROP- ,
ERTY SINCE AUGUST 30, 1972? YES NO
FEE OWNERS OF PROPERTY : J
NAME : Fiayzg t TCnkiA 4,4(�kic,VsPtas _ADDRESS 217coI, 4,9,,a 'IONE :3��-_ �6
NAME : / — �ADURESS , �� VIIONE :
NAME : -- — ADDRESS 7g t $ - PHONE : - -WATER SOURCE /Uo&h IJQ/d 4_WatE__f
TYPE OF SEWER
PROPOSED USE
I hereby depose and state under the penalities of perjury that all st • tcu:yn ,.^
proposals , and/or plans submitted with or contained within this application
are true and correct to the best of my knowledge .
COUNTY OF WELD ) ,,
STATE OF COLORADO ) 7/` . tru -_
iedon
ngn.acure : Owner or ALorized Actin :_
Subscribed an-d sworn to before me this \`z4„\\‘.., day of � , 197a_
SEAL_,.
NoTA
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LEGAL DESCRIPTION
Part of the Northeast Quarter (NE' ) of Section 15, Township 6 North, Range 64
West of the 6th P.M. , Weld County, Colorado, being more particularly described
as follows :
Beginning at the Northeast Corner (NE Cor) of said Section 15, and considering
the East line of said Section 15 as bearing South 00°00' 38" West, with all
other bearings contained herein relative thereto; 0
Thence South 00°00' 38" West, along said East line, , 305. 35 feet; g
Thence South 89°39 ' 52" West, 501 . 15 feet; ' '
Thence South 00°00' 38" West, 40.64 feet; /r; .
!!!
Thence South 89°56' 33" West, 2129.59 feet;
Thence North 00°25' 30" West, 1351 .09 feet to a point on the North line of said
Section 15;
Thence North 90°00'00" East, along said North line, 2641 .00 feet to the Point
of Beginning.
Said described parcel of land contains 81 . 192 acres, more or less , including a
strip of ground 30 feet in width along the North and East lines of said
described parcel , reserved for County Road ROW purposes and is subject to any
rights-of-way or other easements as recorded by instruments of record or as now
existing on said described parcel of land.
orruPfr,c,tl SURVEYOR' S CERTIFICATE
`
d erebyf2t tify that this plat was prepared under my supervision; and that
h game is col ea to the best of my knowled e and belief.
c* JASPER FREESE
" `` e 6` " "^i COLORADO P.E. & .S. NO. 4392
oW PROPERTY OWNER'S APPROVAL
We, Floyd M. Fredrickson and Robin L. Fredrickson, being the sole owners in fee
of the above described property do hereby subdivide the same as. shown on the
attttached map.
$ g //� (��/ �/{ \
Flo M.ile Fredric son obin L. Fredrickson
The foregoing certification was acknowledge before me this ) le'.4', day
of NeO,s•a„, tot fits , A.D. , 1977
My Commission Expires
Witness my hand and seal .
PLANNING COMMISSION CERTIFICATE
The accompanying plat is accepted and approved for filing.
CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST: County Clerk:
By
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BOARD OF DIRECTORS •
ERNEST TIGGES 00-- NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKIRE r * it L HIGHWAY 85 LUCERNE. COLORADO 80646
GARY SIMPSON
LYLE NELSON. MGR.
TOM REED
• P.O. BOX 56 - PHONE 356-3020
November 14, 1977
TO WHOM IT MAY CONCERN:
RP : Water Service
Dear Gentlemen :
This letter is iu response to your inquiry regarding eater
service to tin- following dose e ihel property :
NE* Section 15, Township 6 North, Range C4 West
of the 6th P.M . , Weld County, Colorado
1 . service is presently being provided del the
above described property .
? Water service can be made available to the above
described property provided all requirements of
the District are satisfied .
If contracts have nut been consumated with North Weld County
Water District within one year from date of this letter , this
letter shall become null and void.
Additional ceimmc'nts :
(two taps)
Sincerely ,
NORTH WELD COUNTY WATER DISTRICT
L_ e D . Nelson , Manager
LDN/rr
V
WELD COUNTY PLANNING
CERTIFICATE OF CONVEYANCES COMMISSION
S; :'JE CF COLORADO )
COUNTY OF 1'1FLD )
The TRANSAMERICA TITLE INSURANCE or ABSTRACT
COPANY hereby certifies that it has made a careful search of .
its records , and finds the following conveyances affecting the
real estate described herein since August 30 , 1972 .
LEGAL DESCRIPTION :
The NEI of Section 15, in Township 6 North, of Range 64 West
of the 6th P.M. , Weld County, Colorado.
CO;I EYANCES (if none appear, so state) :
Reception no: 1616986 , Book 695
Reception no . 1627247 , Bcok 705
Reception no . 1630075 , Book 708
Reception no . -1640971 , Book 719
Reception no . 1700409 , Book 778
Reception no . 1712633 , Book 791
Reception no . 1715773 , Book 794
\40 CoPits Rt_GvtS7 OF- C_osTOMEe._
Thi _ Certificate is made for the use and benefit of the Pl-anning
Commission of Weld County , Colorado . -
This Certificate is not to be construed as an Abstract of Title
:tor an opinion of Title , nor a guarantee Title , and the liability
of TRANSAMERICA TITLE INSURANCE COMPANY
is hereby limited to the amount of the fee paid for this Certificate .
"itness Whereof , TRANSAMERICA TITLE INSURANCE
COMPANY has caused this certificate to be signed by its proper
officer this 4th day of November , A. D. 1977 , at 7:45
J ' clock ,' A .M.
TRANSAMERICA TITLE INSURANCE
COMPANY
Ry •
A I D Z "G TUR
O4 eld County Health BOARD NG HEALTH
eQ Department DAVID AAB, Greeley
ey Greeley
FRANKLIN D. YODER, MD, MPH RALPH AAB, Greeley
Director 1516 HOSPITAL ROAD WILLIAM BLICK, Roggen
GREELEY, COLORADO 80631 DORIS DEFFKE, Greeley
(303)353-0540 DONALD HERGERT, Windsor
ANNETTE M. LOPEZ. Greeley
HERSCHEL PHELPS. JR.. M.D.,
Greeley
KATHLEEN SHAUGHNESSY, Ault
JOE STOCKTON. Gilcrest
November 25, 1977
Gary Fortner, Director
Planning Commission
914-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
This Department approves the Recorded Exemption as requested by
Floyd Fredrickson. The property is located in the NEa, Section 15,
Township 6 North, Range 64 West, Weld County Colorado.
Sincerely,
, . 4r5P.H. ,
`ctJ n G. Hall , M. Director
Environmental Health Services
JGH:dr
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,1..f. use
Floyd Fredrickson
RE-294
REFERRALS
November 21 , 1977
County Health
County Engineer
County Attorney
FIELD CHECK
FILING NUMBER .
NAME _ ..P �QA(.�s�� ____-----
REQUEST �-
/
LEGAL. DISCRIPTION _ A) ./..) F L{- ,io , IC — e:-
LAND USE N .___ ,.-- — --. --
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COMMENTS:
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WAR TMENI Of PLANNING SERVICES
f\\ -4111enii
PHONE 13031 356-4000 EXT. 400
915 10TH STREET
OGREELEY, COLORADO 80631
•
COLORADO
November 21 , 1977
Floyd Fredrickson
27500 Weld County Road 70
Gill, Colorado 80624
RE: Request for a recorded exemption on Pt . of the NE's of
Section 15, T6N, R64W of the Gth P.M. , Weld County,
Colorado
Dear Mr. Fredrickson:
Your application and related materials for the above described
request are complete and in order. I have scheduled a meeting
with the Board of County Commissioners for December 12 , 1977 ,
at approximately 9: 30 a.m. Said 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 applica-
tion.
If you have any questions with regards to this matter, please do
not hesitate to contact our office.
Respectfully,
•
*4 -77/C.14.244-6:044.01
Ken McWilliams
Assistant Zoning Administrator
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PS Form 3811, Mar. 1976 • RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL
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0� 1 f 1 2.7157113 MARY ANN FEUER;,ip"'� --
�yC Reception No._.. J
Recorder. L\
• Recorded at ii 3 o'clock ft-- M., AP ryry R.. . _19 fly 1 O
_ z
RECORDER'S SPA MP II
!I THIS DEED, Made this 1st day of April
i,
19 77 ,between
CN
GILL LAND ASSOCIATES, a 'i
general partnership,
Ii A '
State Documentary Fee i
il
II of the County of Larimer and State of APR. 7 ..1Q7'1 o
r Date.-..
_ Colorado,of the first part,and
II FLOYD M. FREDRICKSON and ROBIN L. FREDRICKSON II
{ Rt . 1 Pox 84A Gill , Colorado 80624 it ri o
of the County of Weld and State of Colorado, of the second part:• i
WITNESSET'H, that the said art
ii p y of the first part, for and in consideration of the sum of 0
. IITEN DOLLARS, I] co
I,, and other good and valuable considerations a
to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha s ei
ggranted, bargained, sold and conveyed, and by these presents do es i O
II grant, bargain, sell. convey and confirm unto the said parties of the second part, their heirs and assigns forever, not O
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and F I
being in the County of Weld and State of Colorado,to wit:
Part of the Northeast Quarter (NE1 ) of Section 15, Township 6 North, Range 64 1, r-
1 ` West of the 6th P.M. , Weld County, Colorado, being more .particularly described H j
Ias follows: Beginning at the Northeast Corner (NE Cor) of said Section 15, and c_
= considering the East line of said Section 15 as bearing South 00°00'38" West, <c
iwith all other bearings contained herein relative thereto; Thence South 00°00'38" 1
West, along said East line, 1305.35 feet; Thence South 89°39 '52" West, 501. 15
' feet; Thence South 00°00'38" West, 40.64 feet; Thence South 89°56'33" West,
2129.59 feet; Thence North 00°25'30" West, 1351.09 feet; Thence North 90°00'00"
• East, along the North line of said Section 15, 2641.00 feet to the point of
beginning, containing 81. 192 acres, more or less.
°� I
TOGETHER with all and singular the hereditaments and ap
purtenances thereunto belonging, or in anywise
V appertaining, 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 part, either in law or
equity, of, in and to the ahol c Ear wined
a premises, with the heredi t;untnts and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said
parties of the second part, their heirs and assigns forever. And the said part y of the first part,for it
0 se] f , its heirs, executors, and administrators do es covenant,grant,bargain ;md agree to and with
ll the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres-
ents it iS well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority to grant, bar- I I
gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former
lI and other grants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever.
': i:XCEPT taxes for 1977 payable in 1978, and subject to easements, rights—of—way,
reservations , and agreements of record, and existing roads and ditches, and except,
any Northern Colorado Water Conservancy District water allocated to said premises,:
which shall remain the property of the Grantor,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part y of the first part ha s hereunto set its hand and
i. seal the day and year first above written.
iI
Signed,Sealed and Delivered in the Presence of I GILL_.LAND_.ASSOCIATES. [SEAL]
a general partnershi¢,
Ry._ '�T r`-w..//.e-c'- �-, / [SEAL]
I
STATE OF COLORADO l - [SEAL]
County of LARDER
rss.
The foregoing instrument was acknowledged before me this 1st
day of April
1977; tpra•1d G. Williams, a partner of Gill Land Associates, a general i
ar '
:01.„,:‘')‹c0� si misso tejri resF eb ruary 23 1980 Witness my hand and official seal.
L Notary Public.
No.9214.`WXt tikSry DEED To Joint Tenant.. Bradford Publishing Co. 1524-46 Stout Street, Denver.Colorade I5i7-50111 --11-75
'.; I. cepth„� `t.,.. .'712633 MARY ANN , .,ERSTEIN
,� . -. ._..-_ Rocorder.
The printed portion of tide form approved by the
I ulorndo (tent Estate Con m6elon (II C 62-7-7I)
' INSTALLMENT LAND CONTRACT—RESIDENTIAL
! (Buyer pays Taxes and Insurance)
THIS CONTACT made and entered into this --.30th
September
_ _ 19 —__ day of
-1 and Robin J.J . F_redrickson 7 by ""'I between Floyd N. Fredrickson
`7) nrd Albert __hereinafter railed Seller,
LeRoy Lind Jr. and Joan Louise Idnd
0.4
survivorship').
s,.,,l hereinafter called Purchaser (as joint tenants with right of - - --- -- -- -
I"
t1
WITNESSETH:
O
In consideration of the sum of e 20,000.00 certified Check
01/4 by the purchaser to the seller, as part payment for the herein inafter describedproperty, receipt rece form of
_in hand paid
forth, it is l is whereby
agreed and stated
In acknowledged and in further consideration of the mutual covenants hereinafter setas
-1 follows:
0
1. In accordance with the terms and conditions hereinafter set forth, seller agrees to sell and purchaser agrees
to buy the following described real property situate in the ihreld
,,,OnInnadn to-wit: PARCEL "A" Part of the Northeast County r of__-
eL2 Township 6 North, Range N! Quarter (N of of Section 15,
more
g West of the 6th P.?". , Weld County, Colorado, being mo
particularly described as follows: Beginning at the Northeast Corner (NE Cor) of
'3 said Section 15, and considering the East line of said Section 15 as bearing
South 00°00'38" West, with all other bearings contained herein relative thereto;
thence South 00°00'38" West, along said Fast line, 130.35 feet to the True Point
of Beginning of Parcel "A"; thence continuing South 00 00'3°" West, along said
East line, 1361.06 feet; thence South 89°53'24" West, 2620.70 feet; thence North
00o25'30" East, 1320.42 feet; thence North 80°56' 3" East, 2120,59 feet; thence
North 00°00'38" East, 40.64 feet; thence North 8939 52" East, 501.15 feet to the
True Point of Beginning. Together with all mineral rights owned by Grantor; t
and together with two (2) shares of the capital stock of Iarimer and Weld
Irrigation Company and together with all other water rights and rights to the
use of water and rights of way and easements for irrigation ditches and canals
used for the irrigation of the above described property including but not
limited to three (3) shares of the capital stock of the Owl. Creek Supply and
Irrigation Company; three (3) shares of the capital stock of Graham Lateral,
Inc. : and three (3) shares of the capital stock of the Decker Lateral Company;
and two (2) shares of the capital stock of the Larimer Weld Irrigation Company.
—Lary arr pia--water,2- ares Larimer Weld Reservoir. —
2. Concurrently with the execution of this agreement, the parties have executed an escrow agreement incorpo-
rating the terms hereof, with-. Home State Bank, Loveland Colorado
:, corporation, as escrow agent, and the seller has executed and delivered to said escrow agent a warranty deed convey-
ing
the above described property to the purchaser, which deed is to be delivered to the purchaser on the following
terms and conditions:
3. Purchaser agrees to pay seller as the full purchase price for said property the sum of $ 1__-_•
payable as follows: 1l0 000 00
$ 20,.000.00. _ hereby receipted for;
The balance of $ 90,000.00
--- -- —, together with interest on the unpaid balance at the rate of- CI_ _
per cent per annum, in angina]_ _ installments of not less than _10 000,00$ s. per
-yew _, including interest, beginning on the _ J-6t No ---- __._
19... the -- day of _ Novembe_r//�
day of_Nov. , 1978 _- r eeAl�ddtf(iptfi, lifirr�ci Mit,444t'h6�4/ --4-Ld!, lr '/ er al
MalMa Y. )f' c /' J�)'Y�•i6 Entire Salanec of principal and interest shall be due and parable on or:before
. 1--.-_ - ., 79..79_, if not previously paid.
Interest for October 1976, to be paid in November, 1977 payment. e
Fro»: and after cloning date pi Icli tM, . -I ., r . ;;��1 ," ass,s:ments levied on said property except taxes
for special improvements now installed/In�cas���he failure �e purchaser to make such payments when due, the
seller may pay such taxes or assessments, and all moneys thus paid, with interest thereon at _ _12_____ __annum, shall become so much additional indebtedness under the terms of this contract, or seller ma la per
i�. default as provided in paragraph G. Y declare a
'Strike .f not applicable.
(NOTE: Any assignment of this contract must be accompanied by a new escrow agreement, escrowin
the assig;nr to the assignee with the escrow agent, to assure a proper chain of title.) g a deed of
No. IIA.S'!-i-71 —installment Land I oneract—
Aeeldential (Barer Pays Taxes and Ineurnnre.1
—Bradford Publiohing Co.. 1824-46 Stout Street. Denver, Colorado -7.11
719 JUL 2w ISM
' Recorded at. o'clock..../.k.. M.,
JO
L p,y�f S LEE SHEHEE, 1R.
Reception No. .. .._ .�il .Q.7../.1-- Recorder.
3,1
} INSTALLMENT LAND CONTRACT—RESIDENTIAL
(Buyer pays Taxes and Insurance)
1
cn
THIS CONTRA''CT made and entered into this 22nd day of
June r , 19 74 , by and between GILL LAND ASSOCIATES,
J
a general partnership
hereinafter called Seller,
rlI and
FLOYD M. FREDRICKSON and ROBIN L. FREDRICKSON,
nr
hereinafter called Purchaser, as joint tenants with right of survivorship.
O
O
WITNESSETH:
In consideration of the sum of $7600.00 in the form of cash and credits in hand paid
by the purchaser to the seller, as part payment for the hereinafter described property, receipt of which is hereby
acknowledged and in further consideration of the mutual covenants hereinafter set forth, it is agreed and stated as
nit follows:
—J
=J
1. in accordance with the terms and conditions hereinafter set forth, seller agrees to sell and purchaser agrees
to buy the following described real property situate in the County of WELD
State of Colorado, to-wit:
As set forth in 13 of Page 3 attached hereto.
•
with all rights of way and easements appurtenant thereto, an improvements thereon and all fixtures of a permanent
nature, if any, in their present condition, known as number
, subject to the following encumbrances: none
Price to include: all wells, and pumps , waterers, carpeting, drapes and
one domestic water tap in the North Weld Water District.
2. Concurrently with the execution of this agreement, the parties have executed an escrow agreement incorpo-
rating the terms hereof, with Home State Bank in Loveland, Colorado
a corporation, as escrow agent, and the seller has executed and delivered to said escrow agent a warranty deed convey-
ing the above described property to the purchaser, which deed is to be delivered to the purchaser on the following
terms and conditions: Upon payment of the balance due hereunder by Purchaser to Seller
in accordance with terms hereof.
3. Purchaser agrees to pay seller as the full purchase price for said property the sum of $125.000.00
payable as follows:
$7,600.00 hereby receipted for; (represented by $5,415.44 cash payment and
$2,184.56 credit for unused pasture rental) .
The Balance of $117,400.00, shall be payable with interest on the unpaid
balance at the rate of 9 percent per annum as follows: $10,000.00 principal
payment on or before December 1, 1974; and thereafter four annual installments
of $13,000.00 (including both principal and interest)which payments shall be
due on November 1, 1975, November 1, 1976, November 1, 1977, November 1, 1978,
and the full remaining unpaid balance of principal and unpaid interest shall
be due in a lump sum payment on or before November 1, 1979.
From and after closing date purchaser shall pay all taxes and assessments levied on said property except taxes
for special improvements now installed. In case of the failure of the purchaser to make such payments when due, the
seller may pay such taxes or assessments, and all moneys thus paid, with interest thereon at 9 % per
annum, shall become so much additional indebtedness under the terms of this contract, or seller may declare a
default as provided in paragraph 6.
(NOTE: Any assignment of this contract must be accompanied by a new escrow agreement, escrowing a deed of
the assignor to the assignee with the escrow agent, to assure a proper chain of title.)
No. ILC 52-7-71
'719
� 16409'71
3- 3
13. The Northeast Quarter of Section 15, Township 6 North, Range 64 West of
the 6th Principal Meridian, County of Weld, State of Colorado, further described
as follows:
Beginning at the Northeast Corner of said Section 15, and considering the
North line of said Section 15 as bearing North 90°00'00" East, with all other
bearings contained herein being relative thereto; thence South 00°00'38" West
along the East line of said Section 15, 2666.41 feet; thence South 89°53'24"
West along the South line of the North Half of said Section 15, 2620.70 feet;
thence North 00°25'30" West, 2671.51 feet to a point on the North line of said
Section 15; thence North 90°00'00" East along the North line of said Section
15, 2641.00 feet to the Point of Beginning containing 161.192 acres, more or
less; together with all mineral rights owned by Grantor; and together with
four (4) share; of the capital stock of Larimer and Weld Irrigation Company and
together with all other water rights & rights to the use of water & rights of way
and easements for irrigation ditches and canals used for the irrigation of
the above described property including but not limited to six (6) shares of
the capital stock of the Owl Creek Supply and Irrigation Company; seven (7)
shares of the capital stock of Graham Lateral, Inc. ; and six (6) shares of the
capital stock of the Decker Lateral Company,and two (2) shares of the capital stock
of the Larimer-Weld Reservoir Company.
14. Purchaser shall have the right to buy additional irrigation water from
Seller which may be useable on said land,as long as seller may have such water
available, at the then current market price until the end of the year of 1977,
but this shall in no way entitle the purchasers to first right of purchase of
said additional water.
15. It is understood that the seller retains the Northern Colorado Water
Conservancy District water which has been allotted to this land, and the
seller shall have the right and obligation to remove said water from said land
and reallot it elsehwere, and purchasers agree that they will sign any papers
including application which are necessary to affect reallottment of said water.
16. The Purchaser shall be entitled to partial releases of land based on
prepayment of principal to apply on the contract balance at the rate of $750.00
per acre, in parcels of not less than 80 acres which shall not include the
improvements. If the improvements are to be released an additional $15,000.00
shall be paid. At the time of said payment, seller is to deliver a Warranty
Deed to purchasers for the ground so released.
17. The cash rental on the present pasture lease shall be adjusted to the
date of closing and the credit for the unused portion of the pasture lease
rental in the amount of $2,184.56 shall be applied against the purchase price
as a downpayment credit as shown in the terms section of this contract.
18. The crop share rental, i.e. the landlords share of the present farm lease
for the year 1974, shall go to the purchasers and the purchasers shall pay the
1974 real estate taxes, the 1974 water assessments and any spraying and fertilizer
and utilities provided for in the farming lease presently in effect. It is
understood that the present farm and grazing lease shall be assigned to the
purchasers insofar as said farm and pasture lease applies to the above described
property.
19. At the option of the seller the deed may be delivered at any time, and
the balance due hereunder shall be set up in a Note and Deed of Trust secured
by said property and executed by purchasers on the said terms, conditions,
interest rate as herein provided.
20. Both parties acknowledge that the seller has herewith delivered a title
policy commitment at seller's expense showing merchantable title in seller
and further agree that the Warranty Deed to be placed in escrow shall convey
said property free and clear of all liens and encumbrances, EXCEPT a strip of ,
ground thirty (30) feet in width along the North and Ease lines for County Road
right—of—way purposes and any other rights of way and easements created and
evidenced by instruments of record or established on the presmies, reservations,
exceptions, covenants, conditions created and evidenced by instruments of record,
oil and gas leases of record, and also subject to 1974 taxes payable in 1975,
zoning and land use restrictions and building, plumbing and heating code restric—
tions established by resolution of the County Planning Commission and the Board
of County Commissioners and existing irrigation ditches.
21. Purchasers are to prepay the interest from June 22, 1974 to December 31,
1974 at the time of closing.
k '719 1640971
3-a
4. Purchasers shall have the right to prepay any amount at any time
without penalty except that prior to December 31, 1974 they shall not pay
more than 29% of the original purchase price as principal payments.
A
5. Possession shall be delivered to purchaser upon signing of this agreement subject to
present farm and pasture lease .
6. In the event of default by purchaser under the terms of this agreement, seller may give written notice of
such default to purchaser, and if said default is not corrected within 30 days of such notice, the escrow agent shall
redeliver said deed to seller upon receipt of the affidavit of seller (1) that such default has occurred, (2) that notice
has been given, and (3) that said default has not been corrected. Upon receipt of such affidavit by the escrow agent,
the interests of the purchaser shall be forfeited, and the seller shall be entitled to immediate possession of the prem-
ises and may retain all moneys paid by the purchaser as liquidated damages.
7. It is understood that purchaser does not assume the prior encumbrances on the property, and that seller
shall make all payments thereon as they become due and owing, and shall fully discharge said encumbrances prior
to or simultaneously with delivery of deed to purchaser. In case of failure of seller to make such payments as they
become due, purchaser shall have the right to make such payments and to deduct the amount thereof from the install-
ments due and owing the seller hereunder.
8. Purchaser shall not make any major alterations or additions to said property without first obtaining per-
mission of seller, which permission shall not be unreasonably withheld. All expenses incurred in making alterations,
additions, or improvements to said property shall be promptly paid for by purchaser. Purchaser shall keep the prem-
ises in a good state of repair during the term hereof.
9. Additional Provisions: As set forth on Page 3 hereof.
IN WITNESS WHEREOF the parties have hereunto set their hands and seals.
APPROVED June 22 , 19 74 APPROVED June 22 , 1974
GTLT, T, D ASSOCTfTR r - i. 't-- � '�� . ca -c'e'„t-c t.
'.loy M. kredrickson
'eneral/Aartner Seller Purchaser Robin L. Fredrickson
Hayden, Colorado , 81639 (care of Lewis f rc ar'i i' nn)
Purchaser's Address — --
Seller's Address 745 Lincoln Avenue. Loveland. Colorado 80537
STATE OF COLORADO
ss.
COUNTY OF Larimer
The foregoing instrument was acknowledged before me this 22nd day of June
P 1974, by Gerald G. Williams, a General Partner of Gill Land Associates,
Floyd M. Fredrickson and Robin L. Fredrickson.
My commission expires: February 27. 1978.
tVtt7iess my hand and official seal.
Thomas W. Newlove Notary Public
Broker
`. .. T OVPT ANTI RF t
n . if bX.' By
A
. � Broker
7i Cf1\
rs
Fq
a
w, -
and except tl1MIlllfg1151Measementa,: rights of way , reservations and oil and gas
leases of record , if any, and subject to existing irrigation ditches
and subject to building and zoning regulations and the following restrictive covenants: any now of record,
Any encumbrance required to be paid may be paid from the proceeds of this transaction.
A
5. General taxes for 19 74 personal property taxes, prepaid rents,water rents and assessments,m nlRit{ttntnt
mmenttattrnmanthwavrarm _
shall be alipmitlmlmttlittllffietllefl
dmmmoaralegalninuossctt paid by purchaser
With respect to the growing crops the seller and purchaser agree as follows: the purchaser shall receive
the landlord"s share of the crops. The pasture lease rental shall be
adjusted to the date of closing.
6. The hour and place of closing shall be as designated by Loveland Realty
7. Possession of premises shall be delivered to purchaser on Signing of the forral agreement
and closing, which shall he on or before July 5, 1974 .
subject to the following leases or tenancies: pre sent farm lease and pasture lease with
Heidenreich whihh expired Dec. 31, 1974.
8. The risk of loss from any damage to the improvements by fire or other casualty prior to date of closing shall
be on the seller, provided however that if the seller shall maintain insurance on said improvements which will com-
pensate for the full replacement value thereof, the seller may at his option assign the proceeds of said insurance to
purchaser, in which case the purchaser shall complete the transaction as herein provided. The risk of loss for any
damage to growing crops, by fire or other casualty shall be borne by the party entitled to said crops as provided in
paragraph 5 and such party shall be entitled to the insurance proceeds.
9. Time is the essence hereof, and if any payment or any other condition hereof is not made, tendered, or per-
formed by either the seller or purchaser as herein provided,then this contract,at the option of the party who is not in
aefault, may be terminated by such party, in which case the non-defaulting party may recover such damages as may
be proper. In the event of such default by the seller, and the purchaser elects to treat the contract as terminated, then
all payments made hereon shall be returned to the purchaser. In the event of such default by the purchaser, and the
seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained
on behalf of the seller. In the event, however, the non-defaulting party elects to treat this contract as being in full
force and effect, then nothing herein shall be construed to prevent its specific performance.
10. In the event the seller fails to approve this instrument in writing on or before June 5
n- 74 , or if title is not merchantable and written notice of defects is given to the seller or agent within the
time herein provided for delivery of deed and shall not be rendered merchantable within 180 days after such written
notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released
from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon
return of the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may, within
said 180 days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing
the title to be free from such defects and seller shall pay full premium for such Title Insurance Policy.
11. Additional Provisions: as set forth on Addendum
12. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and
shall inure to
the benefit of the heirs,successors and assigns of said parties.
- rf'`_ cotj .uc-i1 , l�D � y Agent Loveland Realty & Jerry Williams y
�ealt
fit: ' -i -C zt.c-- 4-r. ��a-/> V By:
Purchaser ' Date
Seller approves the above contract this 5th day of June , 19 74 and agrees
to pay a commission of 6 % of the gross sales price for services in this transaction, and agrees that, in the event ..
of forfeiture of payments made by purchaser/ such payments s all be divided between the seller's broker and the
seller, one half thereof to said broker, but got to exceed 1 o lesion, and the b nce to the seller.
Gill Land Associates I / � - 1
Seiler , Seller
Purchaser's Address P.0.Box 1078, Vernal , Utah, 84078 Te1.801-789-3744
Seller's Address 745 Lincoln Avenue , Loveland, Colorado
ADDENDUV
Additional Agreements :
13. A formal sales agreement shall be prepared setting forth
the sales price of 3125,00.00 payable together with interest on
the unpaid balance at the rate of 9% per annum , payments to be
applied as follows :
A. 1D10,000.00 earnest monegt paid herewith to be applied at
closing first to prepayment of interest to December 1 , 1974 and
any remaining balance to be applied as a principal payment; *
B. The credit for unused pasture rental to be applied on
the balance at time of closing as down payment;
C. $10,000.00 principal payment on or before December 1 ,
1974 ;
D. 4 annual installments of $13,000.00 including both
principal and interest from December 1 , 1974 shall be due on
November 1 , 1975 , November 1, 1976, November 1, 1977 and November
1 , 1978.
E. The full balance of gnincipal remaining and unpaid interest
to be paid in full on or before November 1 , 1979.
D. Purchasers to have the right to prepay any amount at any
time without penalty except that prior to December 31 , 1974 , they
shall not prepay more than 29% of the original purchase price .
14. The price shall . include 1z rights of Larimer-Weld water;
6 shares of Owl Creek Lateral ; 7 shares of Graham Lateral ; 6 shares
of Decker Lateral , and all ditch rights and carrying rights
appurtenant to the property aw well as all mineral rights belonging
to the seller. Purchasers shall have the right to buy additional
irrigation water from sellers which may be usable on aid land, as
long as sellers may have such water available , at the sefiLrent
market value until 1977 year end, but this shall in no way entitle
the purchasers to first right of purchase.
15. It is' understcod that the seller retains the Northern Colorado
Water Conservancy District water which has been allotted to this
land , and seller shall have the right to have said water removed
from said land and allotted elsewhere , and Purchasers agree that they
will sign any papers including application providing for said
reallottment of said water.
16. The purchasers shall be entitled to partial releases of land
based on prepayment of principal to apply on the contract balance
at the rate of 3750.00 per acre in parcels of not less than 80
acres which shall not include the improvements . If the improvements
are to be released an additional $15 ,000.00 shall be paid.
17. The cash rental on the pasture shall be adjusted to the date
of closing.
The crop-share rental (landlord ' s share) shall go to the
purchaser for 1974, and the purchasers shall pay the 1974 real estate
taxes , the 1974 water assessments , any spraying and fertilizer and
utilities provided for in the farming lease presently in effect.
18. Purchasers are aware that sellers presdntly owe a first mortgage
lean on said property, and sellers agree to pay payments thereon
timely, and prior to or concurrently with final payment under the
formal agreement to pay and release said first mortgage loan.
19. Buyer shall apply proration of grazing land rents to down
payment making approximately $12,000.00 down,
* The Contract for Deed shall be increased by amount of prepaid
interest. - p /
911 . Laths-c-'�'�+-n, GS /J %-1- ,` /��'<_ , --;/ }-,< '(%��
GPO- �'✓ l , ;1 txclCz cc.. i. /,‘ Lam-o.c-
4' / APRC 1977
40A '794 t
1. Recorded at o'clock a.:
•"l No 1915776
Reception MARY. ANN ELU 7E
Ham. IN.....Recorder.
412
I _ --- - -- -- -------
THIS INDENTURE, Made this 1st day of April , 19 77 , between
I FLOYD M. FREDRICKSON and ROBIN L. FREDRICKSON , husband and wife
whoseaddresais Route 1, Box 78, Gill, Colorado 80624,
part i es of the first part and the Public Trustee o2 County of Weld
in the State of'Colorado, party of the second part, Witnesseth:
THAT, WHEREAS, The sai Floyd N. Fredrickson and Robin L. Fredrickson
have executed their on promissory note bearing even date herewith, for the principal sum of
Thirty—Five Thousand Dollars,
payable to the order of GILL LAN ASSOCIATES, a general partnership,
i ' whoseaddressis 745 N. Lincol Avenue, Loveland, Colorado, 80537,
after the date hereof, with interest thereon from the date thereof
f f tt!the'-rate of 9 per cent er annum, payable together in an annual installment of
' .0 $4,500.00 due November 1, an annual installment of $4,500.00 due November
• 1, ,1978, and any remaining alan of principal and accrued interest to be due
apd' payable in full on Novem er 1, 9 , in a final lump sum payment.
• r,....•. ' ,�rantors shall have the ight to prepay any amount at any time without
pendlty.
•
AND WHEREAS, The said part ies of e first part are desirous of securing payment of the
principal and interest of said promissory note in hose hands soever the said note or any of them may be.
NOW, THEREFORE, The said partie ' he first part, in consideration of the premises and for the purpose
aforesaid, do hereby grant, bargain, se and convey unto the said party of the second part in trust forever,
the following described property, situate in the ounty of Weld , State of Colorado, to wit:
Part of the Northeast Quarter (NEZ) f Section 15, Township 6 North, Range 64
West of the 6th P.M. , Weld Coun Co rado, being more particularly described
as follows: Beginning at the Nort - Corner (NE Cor) of said Section 15, and
considering the East line of said Se tion 15 as bearing South 00°00'38" West,
with all other bearings con ained h-re n relative thereto; Thence South 00°00'38"
West, along said East line, 1305. 35'.ee • Thence South 89°39'52" West, 501. 15
feet; Thence South 00°00'38' West, 40.64 eet; Thence South 89°56' 33" West,
2129.59 feet; Thence North 0 °25'30" West, 1351.09 feet; Thence North 90°00'00"
East, along the North line of aid Section 15, 2641.00 feet to the point of
beginning, containing 81. 192 acr , more o less.
•
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 encumbrances, 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 agreement.
' herein contained,the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a volation of any of the covenants
herein amtained 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 copy 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 rc_,nd
part to sell and dispose of the same ten mane or in separate parcels. as the said Public Trusts may think beet), and all the right,title and in.
tercet of said part ies of the first part, theitbeirs or assigns therein, at public auction at the principa]lront door of the
Court House, in the County of Weld ,Stab of Colorado,or on said premisea,or any part thereof as may be specified
in the notice of said sale, for the highest and boat price the same will bring In cash, four weeks' public notice having been previously given of
the time end place of ouch sale, by advertisement, weekly, in some newspaper of general circulation at that time published In said county of
Weld ,a copy of which notice shall be mailed within ten days from the data of the first Dtbllcatloa thereof to the
said part ies of the first part at the addrse herein given and to such person or persons appearing to have acquired a subsequent record
interest in said real estate et the address given in the recorded instrument: where only the county and state is given as 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 male. a certificate or
rertif.c.,tea 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 shall be redeemed as Is provided by law; and
aid Public Trustee shall, upon demand by the person or persons holding the said certificate or certificates of purchase. when said demand is
mode, or upon demand by the person entitled to a deed to and for the pioperty purchased, at the time such demand is made, the time for re
demotion 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 he 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 property purchased as aforesaid and all the right,
title, interest, benefit and equity of redemption of the part ies of the first part, their heirs and assign, therein, sod
shall recite the sum or sums fur 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 le case of the redemption of such
• property, by a subsequent encumbrancer, sod, assignment or redemption shall also be referred to In such deed or deeds: hut the notice of
sale need not be set out in such deed or deeds and the said Public Trustee shall, out of the proceed* or avails of such sale, after first paying
and retaining all fees, charges and mots of making said sale, 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 ell moneys advanced by such beneficiary or legal
holder of said note for Insurance, taxes and assessments, with interest thereon at 12 per cent per annum, rendering the
overplus, if any, unto the said part ies of the first part, their legal representatives or asig°s; which sale or sales and weld deed or
deeds so made shall be a perpetual bar.both in law and equity, against the said part ies of the first part, their bola
and assigns, and all other persons claiming the said property, or any part thereof, by, from• through or under said part of the first
part,or any of them. The holder or holders of• id note or notes may purchase said property or any Dart 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. m 1( a release deed be required. It I* agreed
I; that the part ies of the flint part, their heirs or assigns,will pay the aspen therof.
No. ail-A. DEED OF TRUST—Poblic Trustee--nerel tear's Clan..--Aitorneye Foos.
Ana the said n 1715776 —.2 Dart i.es of the first part, for themselves and for their '�seta, executors and admlabtratan,
covenant and agree to and with the said party of the second part, that at the time of the ensealing of and delivery of these
Presents they are well seized of the said land and tenements In fee simple, and ha ye good right, full power and lawful
authority to grant, bargain, sell and convey the same in the manner and form as aforesaid: hereby fully and absolutely waiving and releasing
all rights and claims they may have in or to said lands, tenements,and property as a Homestead Exemption, or other exemption,
under and by virtue of any sera 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 Ilene and encumbrances whatever.
To be subordinate to a Deed of Trust to the Greeley National Bank
dated 4/ 1 /77 in the amount of $25 , 000 . 00 .
A
r
and the above bargained property 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 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 pay all taxes and assessments levied on said property; all amounts due on account of principal and interest on prior encumbrances, if any; and will
keep all buildings that may at any time be on said lands, insured against loss by fire with extended coverage endorsements 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 mild indebtedness, except at the option of said part iCS of the first part, with loss, If any, payable to the bene-
ficiary 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 les of the first part to thus insure and deliver the
policies of insurance, or to pay such team or assessments or amounts due or to become due on any prior encumbrances, if any, then the holder
of said note . or any of them, may procure such Insurance, or pay such taxes or assessments or amount due upon prior encumbrances, if
•
any, and all moneys thus paid, with Interest thereon at 15 per centum per annum, shall become so much additional indebtedneya.secured bet 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 Dart ies of the 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 same party of the second part or
the holder of said note or certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the property afore-
said, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure 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 or certificate of purchase on request, and on refusal, the delivery of such possession may be enforced by the said party of the rerond
part or the holder of said note or certificate of purchase by any appropriate civil suit or proceeding, and the said party of the second part, or
the holder of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said property, and of the rents,
issues and profile thereof, after 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 part ies 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 expressly waived--and all rents, leases 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 its any of said payments of principal or interest, according to the tenor and effect of said promissory note
aforesaid, or any of them, or any part thereof, or of a breech or violation of any of the covenants or agreements herein,by the part ies
of the first part, • their 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 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 reasonabl amount dollars for services In the supervision of said
foreclosure proceedings shall be allowed by the Public Trustee u a part o e coat of foreclosure,and If foreclosure be made through the courts
reasonable attorney's fee shall be taxed by the court as a part of the costs of such foreclosure proceedings,
IN WITNESS WHEREOF,The said part ies of the flat part ha ye hereunto set their hand s and seals
the day and year first above written,
WITNESS: I/. / 7
_ L.:..-_�"-r i, , _ ,1.-. a-L ,.:4......44,
[SEAL)
Foyd M. Fredricksom husband
1 (SEALI
j3
�ti � e, (__ ' Z L'< . [SEAL]
- ttobin"t. Treearickson , w iTe
iTATE OF COLORADO, The foregoing instrument was acknowledged before me this 1st
County ofi-S_ISIMMC " day of April , 1977 by Flo1d M.
Fredrickson and Robin L. Fredrickson, husband & wife
ma''''''ce„' // `] -}•� q
e•,•1`'..- J r 4'% My commission expires____i)�Z_Ceml'L/Vtr__✓�{/__(jam ! f/ 7
._ ••••.. Wltam my band and official seal.t / ___
i' •:•• ;tuI44 : ' N e t Public.xUif-a I'
�F1 417
IC ti .• r,o1,o tV'•e%n,
ei
rl b
ro
H
d) m
W v ic cd V a p1
W to a A w e ~_ hi to
GO fEn ❑ d a p 9 x • ° 9 r1 > 1.1
i� g a o-7 c t
g to �+ w n ' l ° a a a ° 3 a °
If) F ui &' cn ao `, a °J�. d ° 9
r- W Ohi N O V Pool �r's77 ,,.i 0 J ! IUj
aWo v¢ •
ocr, a
! o z 2
• un
° a.
C Q C E r A .. r t
,-i O .-1 cio
in V
A fa_ S�
bas C4 1 r-1 E 0 eT no d -1-''' k.
Lti sac
1' - 121 I‘'I
. _____" r -_____
RECEIPT MID AGP.F.ENFFf
H
H. earwigOffice Phane Or, 498ae Groolo3 475J ne L. RingI �
a�'rx.h StreetPhone Greeley 1074
_ - 1121 7th Street li '
ROME REALTY CO, ' S.724 1-2 Ninth Ftreet :jFFff �\ Farm and City Property
2 Greeley, Colorado, April, 29th, 1919 � ��,.
1.h, Received, of A. D. Rao n, check ( 00,00) Five hu,•L^od dollar, as a first payment, on ___
,
Eighty Six and nine ton, r acres more or loch of +.hn S. E 4 of section thirty one, Township
.. N EfcLt,R „o Dirty five tie: of 6th P y, that lies South of whet io kaolin a, the "Collins Lat-
ii rnL.red, to as., located on to land; The filthy described land contains 06. & 9/10th, acres more
or lose, with one stare of tho'-Capital Stock of the rater Supply and Storage Company. and One
(; S.are of the Capital Stool the of Collin, Ditch, Company. !!''�: Ce
Price offered for said laid is u15,pbQ,00, to bo paid as rotors;
t
,.,. Fire t.tt-:rod dollars ceob In ho.d; banshee of Pourtoen thousand five hundred dollars, to be . fir .r„��� '
paid v Sts in thirty I
days from time Baid offer le noecpted by Rath Jones Son, Adminlatwtriz of
o ftrcra 2. taros (n nod' sa =eke
id adminiotratri to ko street to Coto el. Sao, god title g od Deed and title, to same, with ab-
It f^ further off. d le; Pal:or Invectcant Co, son+.
I
r p d o p o L.o cz:' en b;md to for veld edt time of that if petty I
P 9 tt'o whole mmouN of throe
year time of delivery of said
C.: .d 1 to L the acid C .'tar Invc =nnt Co, will t�.ta t*ro^ year loan of .^2000, at not acre
•{ , t `a•,)t r ry per cant cam .mealy said Baran to pay cost o caking loan• (Not to exceed one per
I
4 l to further u L rat cod, that cold raker Investment Cc_,anz will hold this chock until said
1` ;fir:'-,In. r!a^ eceapt,, Or reflp^aa to tn:;o the Fifteen thousand dollars for ,Dose land; oath in )
n. ton darn; If crier refuses., chock of five hundred dollars, to be ret`u•ned to said Ragan.
J
*. is Said foci, to receiv,,usual, crop rent for Saar of 1919, from pnrtis now outing in crop,
f
\: � Oakes I. eaor, gent
^eapLad. Per F. E. Baker, Agent
A. D. 2-.^_n .
£a• 31.!^.757 ec„„mtt swat,,norm 69 \
Piled for record at 1:30 o'clock P. U. Jul 2 1919 � .firoBy J, rl
`2. .9k Recorder.
_..`_-''_l=oH Deputy. I H ]i
4.„._ -_ _ CCD7:J`OC(aX7C^,.IX7�'OODJ.A]V`LCDC/'GLU:7C'„"a7G.S,JDp.X7C N\ 3
Li
�� CONTRACT
11 I
t4II 'rt.; "tla 1 c r.d into at C oloy, Colorado this 23rd day of June, i
by eft P. R. Ala. . a C:o,le. Color: to, A. D., 1919, i
•
erector, ;o, the r1 t o.• Pc'ty of the tint part and LB Roy Baird of
Y the Ct ad p t,
t r t'. t t4In tt tr •Cn or Pour sd y; I
1 fay (0".50,00) Dollars in hand !
._ i to f ':[ VI' :71'..'"i', I. r:a build
ld
^s to ninon tha cecend party to build
t1 , : (G) sp h h-!f inEths;_st ^..:acs of Sao-
tint, e- (>1 i` c.,-r p,� - Snty-forr (64), in acoord with the stipule-.._wet, c >cCy
rcrimif-,3 at a point Sir L
...•:,;a corn cr of t'-, ,- ed Scvonty (670) feet South from the 1.
t C. -ctor of said Section Fifteen
er_t .o n - "a ., zd Fatly s)to foot; thence i
cc_t c' -f;,' (=35) tcoS not of the
•
ea r. . f ;.- i , nor Is an et.cterl.^ direction
o.: .� .. pal . .. slaty Icier (SJ4) foot
':° r Cu..-- of c.._d rortheact
quartor of
6 r .. •,n
a:• I ' .e cf ;Jr c 1•••.Lett h ard where the A_Ete be
"' � .-J .' e cam. ;o at is rtr say is to be -
„At of _w
_ i
�. /
126
� I I=J : -
I
six feet from the property
; $ I D pertly line.
I I The sevohd rt—_a y e�rees that he will keen the_d1ts_h Sn good a all !
re,
II and._free_. om weeds and M " the ohe eks 1n the ditch there neoeoearyto keepthewater
I ! I in the itch from washing,
One of the conditions of g way le that said dltohbe used for
the purpose of 4arrying nix shares of rater or for the water to be used on Two Hundred
t I Forty (240) acres of land only.
This contract or agreement ray be revoked by the first party at any time the se-
cond party fails to fullfill any of the conditions above mentioned.
II I
This agreement is binding
ail a _ng on the heirs or assign' of both parties as to a.'.1 the
trovlsione herein.
Yirat Peaty.
.
_Le Poo Petrel
Second party.
No. 3O2565.ouao 6o a,e.camas a ammo I'
; III Filed for r'cord at 10:00 o'clock A. Y., July 3 1919
' I F l
' I Chen. E. Llttell Recorder.
By Jeans R. Patterson Deputy.
I rem o 56. ` }u .. 1
I NI
REAL ESTATE MORTGAGE
•
II' hand
ALL MEN HY THESE PRESENTS, That Geor e I. Parker
II hand 4nd wife, of Douglas County, State of !lebraoko inconsiderat d wey A. k
ion of the sum of Two
I Thousand
andL}To/100➢OL_.aRS, In hand prrd, do ':-•reby Ci!S;T, DARCATII, c-r.r; &0 COtiVEY Eldney of Cheyenne County, State of Iabrm:ca the follownxt3 describII
-
ed premises,\oltuated in Gold County, and State of Colorado to wilt
II \ test Ralf (7y) of Soctlon T:enty-throe
(Soo. 23) Township Elovon (Tnp, 11) Forth,
I ) Range Fifty-eight (PAP. SS) cast of the
6th-,P. U.
: `.
II I together with all the appurtenanceo thorennto bolo➢-Sn-S and they do hereby covenant
with the said Martin Larsen, his hairs and coal,:no, that they are larfully celled of
I` i said 6remieeo, that they are free from incr. :.,-:co and they do horny cov3;nant to [,ar-
rant and Defend the said prcmicooi\cg snot tin 1c>ful claims of all parsons rocsoover,
, I PROVIDED, AL7AYS, And those prccdl�te are upon this condition: Thot,cherern, sold
I
serge I. ParNer and Lerrey A. Parher h-:.'�orecrta1 end do117cred to ,e. Nartit L_,rn
their Promissory note for Tao Tho'_cad C>1yc- Cntod Jc^o 27th, 1919 `~ t
July 1, 1924 with intoroct at nix port c fir e- ' duo and n �:d
keep the buildings upon cnitl � -" -.b of . 1 ct-e _d to ,q
and ha....furthcr espraa01y screed th..; tl for cu _m of v f'. c
t Zit r 2 h r r n' e '1 i .�-
thla dortgnge, or the debt socu cd c `v 1 � a + p which may he levied under the L i e 1. C.7 ` p
of said note on account of this it x r^' o
Now If the cold coerce I. Rr r r
•
• to be paid the raid cum of mono?? In A. 1' $\t , truly ,r r ,
cording to t',.3 ten:r end effect 1 _ "h` a r - -, ca-
aforescid end shill , cop all r 1 :';d en
form all ._ r cc u el
and P'r o ...d, ti:,,, - a . cad r
Ir
f c i rc. 1 n to
any D:st thereof or r - ` c - 1 is 1d :. i of �-
bulldln^s oha11 not bollap„ it : t3 is Is
not 1 ' f t'I 1 o dui or if
said proric. s or upon this L.a x or :' ° l c.;. a i St^
or t o of .c: I t c2y c r t cYe
_.ortgncee or who legal holds: of a ea_<t r r e.
paid at o 1: io e 1 cif' h .. .:n rot
falltoY one. . ^,u a r -o - I _ tJ '.' c 1 _
S c : 11 ).
and perfo -d, E:.:: who rule c. _ c c • .s be
payable at the option of tax ha • . I' . 1:::.l .._.n ll 1 aa. .. „ r:a C-> act\
f - Signed this 27th day of Jude A. D. 1919 $•
In Pretence of N. ,1
err,_ r.,,T ... . . ..
,.
wit “u.)
7(Ti: r'ZV Fnr,f.1—)S
JUN ;'.l l 3'J RynrJoJ .at._Q___.0'rock._..M.._
•• inn r '
I:dtl-V�:o�^aCt .r.':J;161SCN,Recurder
l - A THIS AGRrr.:NMI, Made and entered into this 25th
say of January, r. D. 1930, by and between THE F.OiM L.-ND
r
^J '.,MY, a Corporation, v:ith its principal place of
business in the City of Greeley, Colorado, of the first
pert, and MARY A. VINN, S. L. V,UINN, H. H. WINN, A. G.
;,UIIIN P'i__.,.'/,' GEN! rIE7L' :;,('II::. NICKS and
F. L. DA'?3H-:RTY, second parties, „LNIsSETN:
t'rii,P=A^, First party is the owner of the North Half
(1a1) of Section Fiftcor, (15) , 'i'crasuiy Six (6) North, of .!
7.a:tre Sixty-four (64) .ast of the oth P.M. , and second parties
are the ow ors of the Northwest ,uartor (NW ) of Section
Fourteen (14) , Township Six (6) North, of Range Sixty-four
1
(64) lest of the 6th it. , all in :'field County, Colorado , and
EEREAS, Second parties are the owners of a small
storage reservoir covering approximately three and one-half
(32) acres of land located in tho Northeast corm r of the
Northwest Quarter (fir; ) of Section Fifteen (15) , being upon
the tract of land owued by first party, and have a right of
way for a ditch leading from said reservoir in a general
E.cterly direction across the North Half (Ni) oft ho North-
east tivarter (NE ) of said Section Fifteen (15) and enter-
in,; the land of second parties above -:oscribed on tho 7ost
side of the North Half N�:) of the
( Northeast cuartor (L;,?".) ;end
tTEREAS, The filling of second parties' reservoir
causes seepage on the West end of the North Half (N ;) of
the Northeast wuartor (NE -) of said Section Fifteen (15) ,
and the parties hereto desire to avoid any damage being
done by such seepage, and also desire to settle the
question of liability of either party to the other:
BOOK 948 t'Ait 1 c3
( 1
.
T:!'.T.7:rO: E, second parties have this day raid
unto .flrst party the am of 2k::•ce Hundred :rollers (.,x '0.00) `!I
in cash, receipt of which 1s hereby acknowledged, and agree
to allow first party to empty water fro:.n a the drain, vhieh
r
nay/ be installed by .first party t drain such land only as
is seeped by said reservoir, into the ditch, of second parties'
abc•:c described, said ditch extending in an Easterly dir •
-
action across the North Half (Nh) of the Northeast ,uarter
(N"') of said section Fifteen (15) , and it is mutually agreed
that neither of the parties hereto will at any future tine
rake any claim by reason of any da:;age by water em tied in-
i
tc said ditch out of arch tile drain; and second parties
further ut;ree that in case first party installs a drainage
systcn te drain the seep on the East side of second parties'
reservoir above described and ta:ces the said water through
drainage system down to the farm yard owned by first party
located near the Northeast corner cf the South Half (Su) of
the Northeast Charter (NE ) of said Section Fifteen (15) ,
4 �
and from said point across the road. on to the land of second I ?
parties, that second parties vi 11 take care of such seepage
' I
water delivered from said tile c rain at such point but none
other than such seepage rater; and it is further agreed that
first party is under no obligation to construct a drain to
I �
deliver the seepage water, as above provided, but nay drain
I (
it in any manner or direction it desires. but second parties
•
shall not be rorponetble for disposal of any of the seepage
water drained from said land unless it be delivered into
second parties' ditch or across the read fron first party's
buildin-:s, as above s ecified.
For and in ocnsideration of 'else p J Went of Three
F.un ':od ibllr,rs (: 3"0.00) and the privii, ,L;o of emptying any
wet..: drained from the lend ir;^.diately adjoining second
p3rtlez abovc doscribed, into % c, ditch of second
r, r - ----1
qqV
cry 11,`t1 Ei[E1 t
1
3
l
I 7-art!.-sr) , and the u.,ree:ient of second parties to dispose of
tic see aL:e eater if conveyed by first party on to the West --
i sire of second parties' land, aforesuid, first party
i ,
• ,.e1 east_s sec:ad part_as from u:w and till dunce✓;e or elai lm
for da^ar,c v.:.ich nay have accrued heretofore or may accrue 1
1
in ' Ile future for and o:-, account of seepage from t he 1
ti
I
....;w ';eir ow i.r1 ,y second parties located in the 1:ortheast
corner o1' tee ::orthrtest '.uurt;:r (1:71:;-) of said Section Fifteen 7
(15) ; provided, hoe:ever, that such release is on the con-
i
dition that the reservoir not be enlarged beyond its present I
capacity.
1 i
IT IS 771T:1-Ni .-.G3EED That :he torn s and covenants 1
of this instrument shall run with the lands of both parties 1
1
hereto and _ascribed herein and tall be binding upon the
II
heirs, executors, administrators and assigns of both
parties.
}
IN WITNTSS "' alEGF The parties hereto have ocused
I j
Ithis agreement to be si aied, in duplicate, as of the day •
i
, ,„:o and your first above written.
�
• i
THE FAR! LAND C ir•"A2.Y, •
fly �/ 44...-2.-...>, ...---- Prosldont
ATTE^T1 J Fat ty
, ' //eel'vL:.if.
�,
QIC _nom.. -
A
11±.)/A1 LLf'. f/ tLgg[' ,
1/Z&t t ��
'1 t P (. e;01�efra r J?_ c„
..1't�,.r.f: 11_ _O
I
.,C OI_SU iur ci es
I. I
' 3,
^O(Kf 1
g, .rplin" .,r. 1627248 J�✓f -��✓``(et://
I:,.r ..d.,._ill 3• TUN 1XUE TUlti„ Mn.!.thh lbtn dAyei December , u, 73 ...twee,,
t
' • Bernard Eisenstat
i. . " 'ca.'.fri .il 470 South Colorado Boulevard, D•_i.ver, Colorado
racy A „(t,,e first ear!,and th.Cohn;"fnl,t.'.•..f a. :d teard;ie<
In the Slate of Cniorndn,party of Ih.' .t,4 pnt, Wi''ne. .•h: .
TILtT, W II EUEAS,The said Bernard _asenstat
hnS a executed a promissory nett, Nar!m• even .Int. herewith, for the principal ram if
- . One .iundred Seventy—Three Thousand Seven Hundred Fifty .nenari.
• payable t•"D..•e earrnf Harrington Land Co.
whoaeaddrviil 2126 14th Street, Greeley, Colorado
Y.S_XP•JWC.XJCXK.X with Int treat U:i-r.na from the elate • ,er-.•
"t nt the rape of 71/4 per centper anneal.
"' 1 . I:. nine (9) equal annum installments of $16,721 . 50 each, w; ice`.
. .O...171t represents principal and interest, payahl. . •'-. the el..-e_ - :nth '
iv . f 2e;ember of each year, the first such payc.ecI. be Cue
. __ . .r 1':,, 1974. '
The entire remai:anc prig: ie..1, tceatnor w =tact. in. -'rc:t,
.f not sooner paid pursuant to any prepav:dent p': viieae i:•:rCLit _th-
7 tained, shall become due and payaole on the ei9ntecntli day c. '';
zr December, 193.
, �' Prepayment of both rireipai and interest wirhouttpenalty is permitted, .
c'J..1 comd::e.lcinc January 9l", ant sc.aii be ere titec. the next annual
ca I!instai):.l"p(�t or i tallmcrntst provided, however, all interest due on this
.tote stal�lvll�:^t:is, 4ai y I, {5 a'Tlc
. C RFZR. t0 thfc,.,ly,��C nQtr p ``p f QiAirnus n( s"rinK Peymrnt u! the
' principal and interest of said promissory note ir. whose hand,snorer the said note or any of them may b,.
NOW, TITER6CUitl?, The said part y of the first part,In consideration of the premisea and for the (m np.it
;1 nfercnn;d,do es hereby grant,barenin,sell and convey into the snit party of the ..•lord part in lrual (nrcy
the following described property. situate In the County of Weld ,State of Colorado,to wit.
1 .I The North Half (NI1) of Section 15, Township 6
North, Range 64 West of the Gth Principal
Meridian, Weld County, Colorado, together with
6 shares of Larimer and Weld Irrigation Company,
3 shares of Larimer and Weld Reservoir Company,
and 250 acre foot units of the Northern Colorado
Conser:•ancv District. Also13 shares of The Owl Creel: Suen'_y
rrigation Co. , if snares of Graham Latent, _r.c :'. and 12 shares of .\e '
Dcca' r Lateral Co. And together with all mineral rights .n._lud-1 g
coal, iron, gas or oil.
I 'See Rider A attached hereto am:i incorporated nercit
b',' this reference)
TO lit\'T. .Y I, Yo Ilul n n.. -e.:, ..,h n'.' .,' .nu •. 1...:-,.., ana . .n..,... r•. -r..r I. T.•.
h- ,t!.•.i . •...t In r_,. .t .,.i,..l .n i... a -..rnl n( rl.n •..,, r.r,n• •t rhrn. •nt i i...,.n, • rn 1P.•I rnr t,1,�. In trap
ti. ..f r if V.em, or It. tv Y
I r\rain r I I; -n r1 h (a en
ant I• ' r
.. 1 .. I
. 1.5,11. Il.r•.m '. nvr.• ^ . . . e , „ , Lap u.. l.. l ..l •`. •1
bs• ..e ,n l.l ',r•f• rd tar rat p.n.^'iS .vin . ..r, ID.. In, al CuL:I: u.,n v. a rr• l..nr .r ..Y in
•11, r A I. M1 U nil M'I N
•
f I ..I P N t p Y h.L 1 a r \ . . n h,n . I I
n• all a..a u.h u 1 n,P I• , .c. ... •'. l I. ... n l r .i
•
i i•_le ,• r••d.hl'*t.otu,.t,.b,m.l.d .,U'nas .n\ rrwth. en.nYU• ant rAii........ ,snorb1H•
•I.I nri y rY O.* firs r..t 51 the u.. Jr., ..,I 'A "1.r- ' n r p. •tr•.•..1.N•• .. ..1._• ei
•I.I ....,I •l r .I• vt r niI .h^ n:r 1.. e•act I• •Le gt,e•••V
to
m, _II • rr r..,,[r t-'., ..1.
^ I . •.. ..
p
r 1 \ I 1 t • t•^ n W ll•i•• i tom••'-.n 1.
t1 ..I• nl . .. . 1I . ,1e
n.n. I•nnl a.l.e.a.m •.•v., l.et a e I ••rn.l..r.l W• n ..rnl,•r v ,. r. t.r .,i.l 1^[ •ry,_i ,u L ... •.. •.. ,.• • .
.. •rI•. .I cal.• r f
.... .I r ..t i n .. ,.1 .. ..... .n ..• 1 I . . , .. .r + e f r. v r •..• I .„. .. r . r.,,t
•.I r. I • "a.•.•n.Inn.•rA51 it. ••i.l ,.. . . , ..•..1......r.l....,•i.r..r 15.:•..I L.'h•f••'.1 ... •1•
......... ... .... .E.•.n nil ..ae •....r.l.,. W,n. .a.r n .r _I i'. •nI •I_. .•• •,.u...+ t•..n i... ... .•
•.. .• a •a.. 5.•• •. ..,to ....,••••••. ...1.... +.n... .y, a..r.•. _n,+• V 12 M••nr P. •n .. . I
•r .. ,ll an.,•••IN WA,.rt y •r L\.nnl Pent , Y• na o.. ^r w Iv, ,.b w.• or ••.•• •n 1 •e 1 1•[ .-
b—i•.,nut••..I ts.[....4W lar.4U la .••• I.w. . ............ ...f,• ,rv. l.nllof .. . •• ,
. ., , r • . .. Pr - I.
I
red.• ^ .n) f..r his F.L....n1' \nJ•J tout n,,• / ,�
,.� ,ns AeJtM••idr•n}' o,.rinlr.. himself 0
I •red&arm S to •
sod •Ith Us told party of IL••.run 1 r• t.that•t lno Onn•1f the...sling .ml JJIo.1 of the.
n.ennt3 I fluµ,loll pow.?asI lawful
grant,
i se s;l tour.,al.0,0t n• t od end nosing.
4 1. 6. .L,..,and n. .'a• waning rdr.dnl -
p.n•nu• dull and n nrO the um• In Ow mutt'told f•rem a`•hr.v41:nnrdq folly•red•4vlmdY. /•nl
•uln•v.11 W d '• n•.(•In, yrtr ne•II.n s 11'• 'Ill. r ruin•.• nt ih-n
.:I r and . n he • hn.°.,,,, .r th.l.`uta.fan.hh I nr.tr.and I aLtmY or •µn mq M1.rolml 4 peak, le.nl•Oue l
,1•.r ,.r h•nl a ^t lf,n'don '•1 of all lifer J +nr ml.an,•n.lumen. •
nos.owl that e ann•(See Rider A attached hereto and incorporated .
herein by this reference) .
•
at., O. •tm,. h'ol'd prawn, I• IA0 dolt end peu.ebl• 1.•••••I-n nt n. r.ld pony or the •..in1 dirt. his ...one .04 Lunen, I,
r L.an rlanlat er a dJm In..nnl.n..n pen lFnnur.m.tou n}e ul IM Ilnl Pre shall
unot ell •el n°o p•ran er er Rest I 1
d A.nt Wu.dur e l h'e netinu•ne• . 1
And that during nt Ih.n n • ! III In...! Ive Inge f11 mkt nl .Pre•11..1 11 IL .n 1•I
n /I 1 1 1 ' I•a),
lo▪op•ILa.lnr• rt,ler .r •el•n.do .I41 real.f I.nn.lc.totInn. ,. •• colt me Isn.••Il 1••.rr f.q 0.0..ml+ni.• ••t..•n.tbr d••LI n•u may.lrmn Llm.a tune elrn.•, '. nurA wm nr•1f, el -.Ih h.,•. it' t.v na a Li'1.+le•� I'
• n.l te n<.•J me.mount of•• I md..1.Inlne•a,norm(at the option of rnl.l ran y nV mr Imt port.. '
fitian 'motto., u its Internt.mn Arno'. .0.1 .ill dell... the MLr1 or p^11t1 •f I,..nser u e•. b-n.lol°N .e.I. ,ml... a
.r'J. And In ea ..h 1 ..:u of rah!par y .^I the Pint Inn t,Oro+n' and•:,ta•e W. 4
6m ...own L.r Le Ito par loch
unn rw end or , u m J..•' In brew,•.....n ° y j•11,1•1,.n..k. nr,.. n,. I.,
n!and not°• •er rent'lelythem.in.I 1'rreure nth In•,r.nee,co Inn ran 1.•11,of.`•+menu••r am•ant do.ort'1'',,nr...r,.'.nre If
red•!1 m n I'm. •'..I, h Initnl Ir.. n nt 12 el into•ale•.f l .fly stout,+ , n..I.mh�F.i a l•.J I./ i,l,,e,n`,
✓r,a..red b,thb P•,t elTr ,, .n 1 a', a I•.l•'d.•`l ..f the 1 •b •' n.lni 4 '
of the first pen•red may for ruch fn lore,.flue•rl.l•tioa of OIL we,n, l on I Inv.,r^nnL ! r t
AND TIIAT IN CASE OP ANY DEFAULT, W .ntr the rl.ht of foudnvre occurs hercm:fr. th. •em. Pen/ of Ina s.e..4 rot •• 1
Ina hold'of an1J n or MI!lum,d Purehus,anal ntfeon bee•mn. 'nl m the r^rn..i.m,non tml r I •^t of 11•,"•^'inv t.el'^=
m t. ^d, fr, of,•el, ht nml• r Inc n•I.vr of aFr1 e11 re `
rel d. •n•1 to In. noun. bear• Rol f nth I.+.n•b.•hna et�en e be deLn red ro the.,1.1 pony i f the•rcen•I put or the L..LLr°idl ,l I
5o,o ur eortmpllfi. if .1• Ihr.•be; •red`• :.Ion may be rnlort.J by th+said party of On or od
outs or<enlfub uI Yurehue on mluca< and en retool,the Adl.ny at ouch.core r• Inn m Ih•'wider or a.IJ nos ne cent lieu of purrhue by.ny g'I•rol'tl to civil awl%or pmcm.:Inc and the all I'oru,d the snn•I Ion,
or eenlllrala of poncho...er•ny thereof.'hot be ,n,,uL•1 in • Receiver fun '.Ll ',runny, and .d a.• fen.•,
Ihr . .o.et null the eneh d,fe.dl. Inclndino the Ann r^.trol by f+rrd......hrec...11o .mJ the p-...1 of r.r.n.l I.en,,f eny It tan m. amt profits• 11„rMt, after
..In .y ,r In...k..:r 'f the van ..f in.. IIrI run
., nA •M1nll .e .... . IMrnn n mold. nr rlpnl niangl r nnl :, Cft od nl • err ' ••P
f IJp I 1 n I I rnnv 1d V•' 1 kte whir. 1y dr„f'o,
I ^1 I - p ,.F 1.• a to nyn pl op u.. in.!.v ear. herd'? ..0 L n.eorl'o m it d e
t r Iir Uehe Ilr el. ..l tra _ourt.urdeA•D, Tint la ,e Inc efaol �•
AND.Tint In m•.d trfnJt In any eP rata Peyminu of 1•rinrirnt er :n✓rr•I. awe t.lin.o. tM I.non .ne efP,n eP rJ.l Pn•ml•.•n nw••
•o f .'1 Y of them. n y pan thereof. of•b n h 0 nation f any f Ott 1 ' I n l \ f 1 I
rl n I ! I. 1 I iJ herd.,
rf n f I his d moo f holder V 1 I` 11 1 1
r Ilh lath ! 11
TT''rasonab1eaEt'+Lneys fees 55ppVVY y. 'wen in, ,'.L,•fell
T '.xx`C... < YN.J ad,l:�' I.!r -'f-(t, e•hem I Ir rh I'. .vru
!„ 11. thy P 11 T I rl• I 1 . .• u, I r.•... ...
f n.L. rn .r f,<,I Il le ln•1•,1111' cr run n
Lem! and •n!
IN and ye>S of also,
O r 9a nIJ pot y ?P.ow Pine pan h.Sal hereunlu raw his • 4
Ito liar end pal lintaWen'rtllvn. 1/`/// l �' r
WI!\P.SSt `:
• 6ernaro nisenstat
.ISPA1,1
.c.'',,
ATATE OP COLORADO, In ilk. !veering Ins.rem.ht sot a,As.m:amsl before no thus . istb
_. c.uaty et _.U�a.'t. t ' day M.__..December u.7.3 b...Ilcrnard
Eisenstat
.d Il - M. ; r y
F• i r Ay rommbniw mine.�'..a I w.f...✓r/. ... ._ .•
• ,.nee •♦ W heed on,haul and effclal seal. '
rrd ' ,
• rlh S. :a..; 1' (:�. v.,.'. 'toff rows,.
—1
t
t
w
1,
1 L. /. d n ✓ •
, T O (•
•
I
•
• 162'7218
705 G3
RIDER A
The following provisions shall form a part of that
certain Deed of Trust dated December 18, 1973, by and between
BERNARD EQSENSTAT, Party of the First Part, and the Public
Trustee of field County, Colorado, for the use of IIARRINCTON
LAND CO. , a Colorado corporation ( "Beneficiary") . In the
event orf any conflict between the provisions of this Deed of
Trust and the provisions of this Rider A, the provisions of '
this Rider A shall control.
1, Nonliahility, Notwithstanding anything contained herein-
above to the contrary, in the event of the default of I'arty of the
First Part, his successors and assigns, in the performance of
• any obligation herein contained, or in the promissory note
referred to above, the Beneficiary of this Mood of Trust will
• proce=d solely under this Deed of Trust for the performance
- thereof, and shall neither seek nor obtain a deficiency or any
money judgment against the Party of the First Part.
2. Release Provisions. Upon payment or prepayment of
principal, together with accrued interest, Party of the First
Part is entitled to a partial release of the property described
-above consistent with the terms and provisions hereinafter set
• forth. Party of the First Part shall submit a written request
for partial releasc•to the Beneficiary o_ of Trust,
setting forth the property to be release_:, ..r.eficiary of
this Deed of Trust, or its assigns, shall execute and deliver a partial
• release of that property. If Party of the First Part fails to make a
written request for partial release at the time of any payment
or prepayment and, thereafter desires partial release of certain •
property and makes written request therefor, the Beneficiary of
this Deed of Trust shall grant said request as if said request
had been made as of the last payment, since it is intended hereby
• that the right to partial release shall be cumulative upon payments
of principal, Partial releases of the above property shall be
conditioned upon the following terms and provisions
a. The above-described real property shall be •
released in tracts of not less than 40 acres, in such places
and in such configurations as Party of the First Part in his p`
sole discretion may elect, on the following bnsiss One acre
without the release of any water rights for each $400,00 of ik
principal so paid on the note secured by this Deed of Trust, or
a minimum of $16,000 per 40 acres,
b. In addition to release of ncreeoe as provided
in paragraph a, above, if improvements arc situated en said real
property, they may b^ released upon a payncnt or 1,rcpa yn:•_nt of
:, lc,04'7 on the principal of the note in addition to thy 5400.00
per acre rclease .prico.
•
•
•
•
i-. ^
sooK
• 162'7248
705 • 4
c. Water rights may be released by payment or •
G
prepayment on the principal of said note as follows,
i. In connection with the 250 acre foot units
of Northern Colorado Conservancy District,
$300.00 per acre loot unit;
ii. In connection with the 6 shares of Larimer
and Weld Irrigation Company, $12,000 per right' l..
(4 shares = 1 right) ; and
iii. In connection with the 3 shares of Larimer
and Weld Reservoir Company, $12,000 per right •
(4 shares = 1 right) .
•
• The above water rights may be released on a share or partial share
basis. Water rights must be released in the proportion which the
number of acres of land being released Of previously released bears
to 323.577 acres. •
•
In consideration of the downpayment made on acquisition,
party of the First Part is granted a credit in the amount Of $22, 500
to apply at any time to release acreage and water rights under
• the release provisions above provided without further payment. In {K
the event Party of the First Part later acquires title to any or all
. -of the three parcels described in Exhibit A, attached hereto and
incorporated herein•by this reference, on or before January 31,
1974, Party of the First Part shall be entitled to additional
credit to apply to releases of either acreage or water rights in
• the amount of $22,500 for each separate acquisition of a parcel
described in said Exhibit A, all such releases to be granted
without further cost, Said credit or credits may be applied to
release acreage and water rights from any of the parcel or parcels
described in Exhibit A which party of the First Part or his assigns
in his sole discretion may elect, provided in the aggregate such
i credit shall not exceed $90,000.
Notwithstanding the foregoing, the holder of this
Decd of Trust shall be obligated to join in any subdivision
plats filed from time to time by the Party of the First Part
with respect to portions of the property and to release therefrom
all roadways, utility easements, drainage easements and dedicated
areas contemplated by su Th plats. The areas encompassed by such
roadways, uti.l ity easements, drainage casements air! dedicated areas •
shall be eompute-I and the Party of the First Part shall be obligated {E to pay for the release of the same at the rates per acre set forth
above, In addition to the fore❑oink, the Party of the First
Part shall Save the right to request partial releases of portions
of the property for the purpose of providing access or for the
purpose of extending necessary utility line, and granting utility
easements, Such partial releases shall be granted at the same
price per acre fi5 ;aforesaid. In connection with any see!' partial
releases, involving platting, access, extension of utility linos •
or granting of utility easements as 'provided in this paragraph,
•
•
• _2-
//---
• eooi I 71)5
162724b
G• s
there shall be no requirement that a total. of 50 acres be released
for this purpose.
r All charges and expenses payable to the Public Trustee, •
or to any Clerk and Recorder on account of any partial releases
hereunder, all charges for any necessary surveys, and the cost of
transferring ditch, reservoir and water rights shall all be borne
by Party of the First Part.
The rights of Party of the First Part shall inure to
the benefit of any record holder of title to the above-described
property, and the obligations of the Beneficiary of this Deed
of Trust shall be borne by the holder of the promissory note.
3. Exceptions to Titles All reservations, restrictions,
easements, rights-of-way and assessments of record.
Bernard Eisenstat
• Party of First Part
- ACCEPTED:
HARRINGTON LAND CO. •
10
eneficiary/
•
•
•
. r
I • • .. BOOK •
705 1627248
6• � 1
EXHIBIT A
A
Parcel 412g f'
The North Half (N1) of Section$21, Township 6 North, Range 64
1 West of the 6th Principal Meridian, Weld County, Colorado,
together with 8 shares of Larimer and Weld Irrigation Cnmpany,
6 shares of Windsor Reservoir and Canal Company, and 300 acre
foot units of the Norther: Colorado Conservancy District.
Parcel #3:
The North Half (N1) of Section 22, Township 6 North, -Range 64
West of the 6th Principal Meridian, Weld County, Colorado,
together with B shares of Larimer and Weld Irrigation Company,
6 shares of Windsor Reservoir and Canal Company and 250 acre
foot units of the Northern Colorado Conservancy District.
Parcel #4e
The South Half (S1) of Section 22, except the, East Half (Eli)
of the Southeast Quarter (SE:) , Township 6 North, Range 64 {`
West of the 6th Principal Meridian, Weld County, Colorado,
together with 6 shares of Larimer and Weld Irrigation Company
and 300 acre foot units of the Northern Colorado Conservancy
District. •
:
X/rte
w.c
•
•
•
•
•
{
(
•
•
a r JUL9 1973_
.P4 keenn4d d'� �-M.
I sr
' •""e TYM•INnnwr of ilk Imes greed bp W J
Cain..W:IiYY peeW4e 1SW4f.e11
a ' RECEIPT AND OPTION CONTRACT •(FARM AND RANCH)
III
ll
p, April 18 Ip 73
I 47 RECEIVED FROM Bernard Ciscnstat and/or assigns
Zr) Purchaser25.000 e:,
G Ise joint tenants), than rum of t in the form of SCA
to S bald by Loveland Realty broker, 4 his escrow or trustee snout, p
""1.43 as carnal money and pert payment for the following described real estate situate in the
r4
Car: r Wn 1 el Colorado, to wit:
one
v .
n, Approximately 1200 acres N/L (to be verified by survey). See Addendum 1
Survey Section N= Sec. 15 TCN R64W - Nis Sec. 21 TGN R64W
eo All of Sec. 22 except Ell of SEI - TON - R64W
a.I Weld County State of Colorado. Known as Harrington Farms
0
with all easements and rights of way appurtenant thinto,ell improvements thereon ad ell fixtures of a prmauat I
stun currently on the premien except a hereinafter provided,in their prank condition„ordinary weer and tear
p excepted,known u none
tee whkh properly punhaer agrees to by upon the following arm end conditions, for the Pavan Price el
1 $ R7S-000.00 payable a follows:p 25 000.00 hereby rteipted for.$
See Addendum 1 (Payment Schd. part el)
1.If a seta and inset deed or mortgage le to b.gamed,the Wachner area to pay a ken anasfr fee an
to exceed$S—and ft is a condition el this contract teat the Nankeen may assume each saeaabreacs
without change in its arms or conditions=cep• none -
!.Price to Include the following personal proper y:
See Addendum •
- \
=-t to be rayed by bill of ale at time of elol:ag a the;‘ete:...t coeditln,Irene d deer it en permed MIDST
IAMB;Ilea and encumbrance,except:
None
D
ad except any primal property Ilea In soy sacmbnan specified la panne*4.
The Mewing fixtures of a permanent eaten an excluded frees this eel.: •
• none
4 LOXIMI znn.1 nxR)ixtvORMIfDHfttbFY70HHtu()kk a arrest.Wtatees fee tiW Sinaa papep le
aa amount equal to the purchase prim,at WIWI Sim sad apaxa,shall be furnished the purchaser em it Wen
Cana *MunA,a 1ST Nadler elect to furnish said title banana aWdat,seller win
deliver the title Insurance policy to Dunham after closing and pry the premium thins.
4 Title shell be merchantable In the seller.Subject to payment or tenderas abets provided and empliaae with
1 the ether terms and condition hereunder by purchaser,the a"«ant!••.cute and deliver a geed and suflicleet
L'oz.!!i^--�'!'!!n _. e11L41nC.....�..��tk_. r.hmnant 11
agreement,at an earlier data,mmveyat said propery fm and clear of all taus.except U. mend axes fee I -
1i ly..fl payable mussy 1,1224--.and except.
flee sad clar of ell ties sad enceabnecee excepts ~
I
e
Ns SC 21.7-71 new lee 0101=Calm.trees a--.. - --mambas 0.1008 qtr saga aura.-' _-. -
O
y • 1
rcc sss ( `
i
.,d e.rept the fulloWme easement,: Sea Addendum 1
1616a��Jli !
# 7-2
Iand subject to building and toning regulations and the following reatritis covenant.: none
l Any encumbrance required to be paid may be paid from the proceeds of this transaction. ——
b.General taxes for 10_23..personal property taxes,prepaid rents,water rents and snenmenta•and Interest r t
t
I en&..,.....bran...,if any,an'
shall be eppgningsrmdeegakdenecvmtwataeenee�dhak paid by Se lien
• With respect to the growing crops the seller and purchaser agree as fellows:
I.The hour and plan of closing shall bo as designated by See addmtdtm
T. Possession of premiss shall be delivered to purehaser on closing .
subject to the following lessee or tenancies: none
...J
8.The flak of lee.from any damage to the Improvements by fire or ether eaaadty Wier Y date if tieing ash
be en the seller,provided however that if the seller shall maintain insurance on said Impromments which will em•.
restate for the full replacement value thereof,the seller may at his option assign the proceed.of eats laureate le
purchaser,In which cam the purchaser @hall complete the transaction as herein provided.The risk of Ina ter any
damage to growing crop.,by fire or other casualty shall be bent.by the party entitled to said crops an provided In
paragraph 5,and aueh party shall be entitled to the insurance proceeds.
D.Time:a of the<u<nee hereof,and if any payment or soy other condition hereof ie at made,tendered,er
t
performed by pm .er as herein provided,then this contract shall be null and void and of no effect,and both par.
ds
ties hereto released from all obligations hereunder,and all payments made Lemon shall be retained on behalf of the
seller,as liquidated damages.
10.In the event the seller fails to approve this instrument b writing ea or before April l qth _ \\ID 73 or if tide is not merchantable and written notice of defects la given te the seller er agent within the time
herein provided for delivery of deed and shall not be rendered merchantable within 180 days alter such written notice,
then this contract,at purchaser's option,shall be void and of no effect and each party hereto shall be released from
all obligations hereunder and the payments made hereunder shall be returned ionbwith to purchaser•pen return of
the abstract,if any,to seller;provided,however,that In lieu of correcting such defects,seller any,within said 180
days,obtain•commitment for Owner's Title Insurance Polley in the amount rt the purchase prim showing the title
to be free from such defect.and seller shall pay full premium for ouch Title Insurance Policy.
11.Additional Prorldoost See addendum
It Upon approval hereof by the seller,this agreement shall hecere•contract between miler ad Wean .
end shallon to the benefit of the heirs,
essen am and igea et sdd pla et .
C= t
t .-. ,J. i .- Agent Loveland Realty
ream.. Bernard G_ ,a Eisensttt mm. t..
/; ,_.
h.ea...r Dees
DYZi.
...',.:,p,.::.:...%ab:n e:ataer.a.@ ....,...c li._aw eg e apL end mess _ _ _
to w a.aamiselon of�_% m of the green asks price for services le this e..... --^sad agrees that r ae net ._ ——
of forfeiture of payments made by purchaser.such payments shell be divided between the seller's beeps and W .
seller,one half thereof to said broker,but not to send the ammWlm,mod the balsam to the seller.
Harripgton Lan,d co; or Assigns,y Successors 1
( . tie--' .r r:''; .-4_ e. - ..6 • #- j,e•./,,...
Alfred L. Ilarringtett:;e Pres; Edward M..Hsrringtbf!'¢'V.P. / i
Pa:chwls Addnm 470 S. Colorado Blvd.. Denver. Colorado. 80222
} Seller's Address i
I I .
1
•
t°°" 535
ADDENDUM 01
�Li(i:ice 4
Payment Schedule . 7«3
1. The purchase price shall be payable as follows:
1.1 Toe sum of Twenth-Five Thousand and no/100 Dollars ($25,000.00) in
the form of x check, the receipt and sufficiency of which are hereby
acknowledged by the Seller, to be held by Loveland Realty in escrow.
1.2 The further a:.= zf approximately One Hundred Fifty-Five Thousand
!!!, Dollars ($155,000.00) shall be paid in certified funds by Purchasers
to the Realty Agent on or before the Closing Date, as hereinafter •
defined, upon execution of the Warranty Deed by Seller, as hereinafter
provided and delivery of possession to the Purchasers.
1.3 The further sum of Six Hundred Ninety-Five Thousand Dollars ($695,000.00)
shall be paid by the Purchasers making, executing, and delivering
their good and sufficient promissory note to Seller. This note shall
be secured by four equal First Deeds of Trust on the property. This
promissory note shall bear interest on the unpaid balance from the
date of closing of this contract hereunder at the rare of Seven 6 one-qua-
rter percent (74%) per annum payable annually. The promissory note
shall be based on a 20-year amortization schedule with the remaining
balance due and payable 10 years from date of closing. The note and
deeds of trust shall provide that the above described property shall
constitute the sole security for the note and there shall be no personal
• liability on the part of the maker or makeas for the payment of principal
! and/or interest on this note or deficiency in the event of foreclosure
•of the deeds of trust.
1.3.1 The note and deeds of trust shall provide that, upon payment
or prepayment of any installment of principal and interest
{ thereon, the Purchasers shall be entitled to a partial release
Iof such deed of trust covering that total number of acres
of the real estate described in such deed of trust that is
releasable in tracts of not less than forty (40) acres on the
following basis: One (1) acre withotn the release of any
water for each Four Hundred and no/1W Dollars i$40u.OO) of «_ - - —_—_ CT'
principal so paid on the property secured by the first deeds -
f
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1
i i a
H
ocrec 695 161596& 1
J- V
of crusts. The note and deeds of trust shall also provide
that each set of improvements can be released from deeds of l
trust on individual basis for the payment of 515,000 toward
the principal of the note. They shall also provide for
release from deeds of trust water shares on a share or 7 •
partial share basis by paying toward the principal as follows:
$300 per acre foot unit for 1100 acre foot units
of Northern Colorado Conservancy District.
$12,000 per right of Windsor Reservoir and Canal
Company (12 shares, 1 right • 2 shares).
$12,000 per right Larimer and Weld Irrigation Company (28 shares, 1 right • 4 shares). _
li $12,000 per right Larimer and Weld Reservoir
Company (3 shares, 1 right • 4 shares). f
4
Purchaser agrees not to release any more water, proportionately
as to the amount of land released. As an example, Purchaser
. waald release 40 acres of land, he would sat release more than
40/1200 of the water.
In all events upon payment of the sum of Eight Hundred Seventy-five
Thousand and no/100 Dollars ($875,000.00) all property
previously unreleased shall be released from the deeds of
trust executed in favor of Seller.
1.3.2 The note and deed of trust shall further provide that privilege
of prepayment without penalty at any time or from time to time
is reserved to the Purchasers, and further provide that the
Purchasers pay interest to the date of any prepayment. The '
amount of any prepayment of principal or interest shall be
credited toward the next annual installment or installments
due. All requests by Purchasers for partial releases shall be
1
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:. yam... .
695 1616986
S
in writing specifically designating the property to be released,
and shall be accompanied by the sum required to effect such
partial release.
1 i
1.3.3 The note and deed of trust shall also provide that if principal r - �
1 t
payments are made in accordance with the trims thereof and i {
partial releases from the lien of the deed of trust are not
required, then at any time thereafter, the holders of the note
and deed of trust shall honor requests for partial releases
in the same manner as if the request had been made at the time •
of payment. For and in consideration of the down payment,
Purchasers shall receive a credit of $90,000 toward any future
releases.
2. Survey
On or before 45 days after acceptance by Seller, at its sole cost and expense,
shall furnish to Purchaser a current boundary and improvement survey with
corner staking with acreage area to be designated by a registered land
engineer indicating thereon all easements, rights of way.., and roads, JJJ
containing a legal description of the property, which legal description shall � . .
be identical to that used in the title commitment, and setting forth the
total amount of acreage exclusive of public roads and public or private \\
rights of way or easements, the purchase price shall remain the same and
shall not be altered as a result of this survey.
3. Title Insurance
A title insurance policy as evidenced by a title continent from Transamerica O
Title Insurance Co. shall be furnished to Purchaser in an amount equal to the
purchase price, at Sellers expense, and said title commitment shall be fur-
nished the Purchaser on or before forty-five (45) days from date hereof.
Final Title Policy shall guarantee that title be free of defects up to and
including the hour add date of closing. Seller shall not turn in abstracts
to Title Company but shall convey same to Purchaser after review by Title Co.
3.1 Within fifteen (15) days after delivery of Titl: Commitment provided
for in paragraph 4, Purchasers shall have right to terminate this -_. -- - .._
1
1
-3-
}
F . -. •
695 1616986
{s� contract if they object to easements, encroachments, rights of way 7-4
or similar matters which would interfere with Purchasers contemplated
I ++
use of the property. I ,
•
4. It is hereby disclosed that Bernard Eisenstat is a Real Estate Licensee
and other Real Estate Licensees may be among principals offering to purchase. 1111
5. Prior to closing date, Purchasers shall have the right to enter the property
for purposes of conducting land use investigations as may be necessary.
6. Sellers shall convey
6.1 All mineral rights including coal, iron, gas or oil as owned by
Sellers or officers of the corporation.
6.2 All water, water rights, water securities, irrigation ditch and ditch
rights but not limited to the following:
1100 shares Northern Colorado Conservancy District
6 rights Windsor Reservoir and Canal Company
{ 7 rights Larimer and Weld Irrigation Company
]tj 3/4 right Larimer 6 Weld Reservoir Company
+ 6.3 Motors, pumps, wells and well permits, any and all equipment, tools and
supplies that pertain to irrigation. Movable or portable buildings
" •
and graineries, fences, stock water tanks, bridges, fences and fencing \\
wire and materials, all installed equipment.
6.4 All domestic water systems as installed in homes, corrals, and buildings.
6.5 All domestic water taps will be assigned to Purchaser.
•
7. Purchaser agrees not to pay Sellers more than 29% of principal in year 1973.
B. ,Sellers shall pay all 1973 and prior years real estate, personal property,
water charges and assessments. •
9. This contract is specifically contingent on Purchasers gaining satisfactory
ag.aement with North Weld County water district to service said property
1 with sufficient water taps for Purchasers contemplated use at a reasonable
charge within 15 daysAfter acceptance of this contract.
•
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e
et •' "FPS 695 1616986
10. The closing of this transaction, herein called Closing Date, shall be 7-7
held on ucrcmb r 13, 1973 at 1:00 P.M. at the office of Transamerica Title
lnsurr.ncc Cwpany, Greeley, Colorado or at such time as may mutually be
agreed upon between the parties. Purchaser shall have the right to correct
title at :;1l lees expense by deducting said charges from next principal
payment, providing there are any title defects.
11. Sellers agree to furnish to Purchasers company resolutions authorizing
{the sale of this property.
-
Purchaser .....,�� � ;le���t[4 .>(� llr.-y��
Sellers
Alfred L. Harrington, Pres.
1 Harrington Land Company
Seller,..... f,-' /./..�. ._.y.,._.
.Ednaatt1-1tatr:agtonr•Aeti tg Secretary
Harrington Land Company
1
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rK L . ,, . - m, DEC 21 N73
le
JI
fj <I'.!.:r thud CO. , nr.,drr
CO r .I t Foil
�r - ., 1St:. tl„ haul.
Comity of Weld Slate el .. '
rCr 2 i 1977
C(,1or.Lie , 0!r the consideration of 3 ,2/ -_1other valuable consideration and Ten `
N dollas, in hand paid, herein'sells) and t onne}(s) to II
-.' .,!:!WARD EISPNSTAT -- — e .
y .
" tc:m.e address is 470 S. Colorado Blvd. Denver 80222, City and County of o
n
Denver , and State of Colorado :7
-+ the following real property in the
'1
.. County of Weld
,and State of Colorado to wit: o
0
=<
p The North Half (N
!S) of Section Fifteen (15) , Township 1 i
.4 Six (5) North, Range Sixty-four (64) West of the 6th
^1 P.M. containing 323.377 acres, more or less, together N
v ;.1
ca
„., with 250 acre foot units from the works of the Northern•
Colorado Water Conservancy District, six shares of the a _ �r capital stock of the Larimer and Weld Irrigation Company
and three shares of the Latimer and [Geld Reservoir Company and together with all other water rights and j rights to the use of water and rights of way and easements j
for irrigation g ditches and canals used for the irrigation
of 'he above described property. Also 13 shares of the
•
capital stock of The Owl Creek Supply and Irrigation
Company, 14 shares of the capital stock of Graham Lateral, '1 Inc. and 12 shares of the capital stock of The Decker `! : Lateral Company.I r L t,
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t
iI ; a
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iI ` and
DecN
e
with all Its appurtenances,and warrants) the title to the same,subject to rights of way an(f
•a,ements created and evidenced by instruments of record or estaLlish4d
n the premises, reservations, exceptions, covenants, conditions
, reared and evidenced by' inntrumonts of record, oil and gas leases ofl
•
t record. Also subject to 1974 taxes payable in 1975, zoning and land !
r se restrictions and building, plumbiny.snd heating code restrictions
established by •esolu1ion of the County Planning Commission an
oard of County Commissioners.
Sighed this ners.
•L 18th day of December
, 19 73. 0 L::
•
HARRINGTON LAND. I;O s Ja '
'P •
Prg4�x]er16r„ r a
t 1 ATTES :/,..r f ! ,� 1 I.
STATE OF COLORADO, -1 ec a ti A SecYe�a}y,r
`' County of Weld in'
a.
The foregoing instrument was acknowledged before me this 18th I 7 x
- dayof December ,19 73,by ALFRED Lrf1ARRI'GTON as L NORMA E. HARRINGTON as Secretary President, and.! - ±
o of HARRINGTON LAND Co., a Colorado '�
corporation. e t
My commission expires!.,, /. ;21 II
ti
Ii a54lnes my hand and official seal.
S IF. ' / A WrPYLw ��
nu P4/a tGkJ. ..If4 banefuthenl 114,11411 n4 wr..n,n« I n
name or l•r. lT t, wrvlor be.hoe Oman Insert ,..of rename 11t"-�.l�M«Ilr~nr
•�.m m „ n au.u(.uJ1 utrlbr ur ulrk u 11...Vrc.rEenr her op!�r.rer i.l m<n`cot.
•
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h.n vo.—+w.n..l.u.cu.nu—e,......nl.uLl.a Ca.u•w arwr u n e......,v..w ,-r.
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ra.rru.au-+ al
I
DJo a
Accorded at Y o'clock_..'f If., FrD 13 •
7(}S Ii:„„ti„,Y vn 1(33007:: S izr wu.lc ,N.
r r Recorder
KNOW ALI, 31LN Br THESE PRESENTS, that I, Bernard E c_nntat _
U II
of the City and county of Denver
,and State of Colorado,
• '. ' for the consideration of Ten Dollars ($10.00) and other valuable
C consideration
'O
• ' ; I Idlv.thtvelc j
in hand paid,hereby sell and convey to Gill Land Associates, a Colorado
-.--I I partnership, '-
o n'e City County of II
ns, ;i ,� y and Denver ,nod the State 94 Colorado, I,
rent I ..
by i ••
O
.art, the following real property,situate in the County of Weld
•iad I''' I and State of Colorado,to-wit:
and D —
li Parcel #1: The North Half (Nl/2) of Section 15, Township 6
I •,., 1 North, Range 64 West of the 6th Principal Meridian, Weld County,
' 63 Colorado
Parcel #2: The North Half (N1/2) of Section 21, Township 6 North, ),Range 64 West of the 6th Principal Meridian, Weld County, Colorado P,
' Parcel #3: The North Half (N1/2) of Section 22, Township 6 North, l!
Range 64 We-t of the 6th Principal Meridian, Weld County, Colorado
Parcel #4: The South Half (S1/2) of Section 22, except the East {! I Half (E1/2) of the Southeast Quarter (SE1/4) , Township 6 North,
Range 64 West of the 6th Principal Meridian, Weld County, Colorado
Together with 1100 acre foot units .i. Northern Colorado
i
I Conservancy District and i
3 shares of Larimer and Weld Reservoir Company
•
t.
®t. : I with all its appurtenances.
1
said 1 I
i
i i.
b
1u'1 I Signed end delivered this 1sT day of "Tti®r3,t fit Ry • 1974
AL1
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AL] In the presen oe!f ) v
AL] ` . /4.+USttawtcl.. BUR "a (SEAL]
" Bernard Eisenstat
•
[ (SEAL) r
E • _ [BRAE]
1 STATE OP COLORADO, } F
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City andcounty of Denver
II Th.foregoing instrument wu aclmowledged before me this / _ day of (,/�., ��
!_, - ,_
- ...,+ 1174 .bye Bernard Eisenstat >r
I 1
1 Q.1 My a minlea expires /I .,. 4 I.
ts. II I i� it N I `�/ / .3y^� .R3'..:�_s ]aa�4'!'uC!c!a!a:a I_;.Iit t I//, l5/,� v F
i 1
—s
�� jj
•1f by nature,wr.on or Denons here mwn um. ...me.:it br wreon true In r.ocw.nr.u.e or official ore";er a.
m ry enam.y.In-hcl man Inrn ream.of tenon eaeeYbr Ibmel.Is-M1al or oNa capacity eeec,l;.,be•If I',ot -ap-
.lory purniton,bile,t,,an ream.of Nea officer ar offlo.n,sa ts.DrMldeot or other ofnwn of.ueh coo $r.Ilnry Ina CrII-
No.901. YAD0AIN AND BALE DEED.-AYmt.rr In.—Breilerd NY4hS,ea,nr41.Meet Street.Den,Wend. Y.f{
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a
.•. .it .:,:., COT 1 HP)
, I.
ii INSTALLMENT LAND CONTRACT—RESIDENTIAL
'.I (Buyer pays Taxes and Insurance)
7 Tilt~CONTRACT ACT made and entered into t, ,__3Oth _ _. _
op tuber _ __, ,p 76 by and he tween Floyd 1 Fredrickson —day of
_ _ _ —
•
_ ' n 1n L. PZedTickson hereinafter called Seller,
,i I Albert LeRoy Lind Jr. and Joan Louise Lind
_] hereinafter railed Purr hneer tan joint tenant, with right of survivorship.). — _ —
l
R'ITNESSETII:
•
In consideration of the sum of E 20,000.00 in the form of certified check In bend paid
NI by the purchaser to the seller,as part payment for the hereinafter described property, receipt of which la hereby i - '
cJ
acknowledged and in further consideration of the mutual covenants hereinafter set forth,It Is agreed and stated as
follows:is
I 1. In accordance with the terms and conditions hereinafter set forth,seller agrees toe Bell and purchaser agrees
to buy the folloa ng described real property situate in the____— - _.County of_ Weld __
• 7 r•et fl.+orade.tawit PA°CflL "A" Part of the northeast Quarter (NE}) of Section 15, ,
! I Township ^ North, Range 61 West of the 6th P.M., Weld County, Colorado, being more: ^'' •
particularly described as follows: Beginning at the Northeast Corner (NE Cor) of !II p
said Section 15, and considering the Fast line of said Section 15 as bearing [
•
South 00°00'38" West, with all other bearings contained herein relative thereto; ;
thence South 00°00'38" West, along said Fast line, 130.35 feet to the True Point n
of Beginning of Parcel "A"; thence continuing South 00 00'3P" West, along said
`' • Ea$t line, 1361.06 feet; thence South 89°53'2l!" 'pest, 2620.70 feet; thence North L
00 25'30" East, 1320.42 feet; thence North Pet 5 'd3" East, 2129.59 feet; thence
North 00°00'38" East, 40.64 feet; thence No-.r 89 39'52" East, 501.15 feet to the I, f•
True Point of Beginning. Together with all mineral. rights owned by Grantor; t ; • Iand together with two (2) shares of the capital stock of Lorimer and Weld -
Irrigation Company and together with .al other water rights and rights -to the I I ,
Iuse of water and rights of way and easements for irrigation ditches and. canals
i used for the irrigation of the above described property including but not �_j___—..'
limited to three (3) shares of the capital stock of the Owl Creek Supply and
Irrigation Company; three (3) shares of the capital stock of Graham Lateral, ,
. ' Inc.; end three (3) shares of tho capital stock of the Decker Lateral Company;
and two (2) shares of the capital stock of the Lorimer Weld Irrigation Company. `-
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17004°9 .
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.c condition. n as comer Rt• l�._box 7< __ -_ _._
.cure. mil'.':,their 1 ""_
. _ _ _-_ ____ -__ ____ subject to the following encumbrance!. •
• Installment Land Contract from Lloyd M. Frederickson and Robin L. Fredrickson '
in favor of Gill Land Associates.
II s
Pdeetoindude: 3 shares Owl Creek,.3 shares Graham, 3 shares Decker, 2 shares
Lorimer Weld water, 2 shares Lorimer Weld Reservoir. •
I I
Y. Concurrently with the execution of this agreement,the parties have executed an escrow agreement ineorpo-
rating the terms hereof, with Home State Bank, Loveland, Colorado i
or corporation.as escrow agent,and the seller has executed and delivered to said escrow agent a warranty deed convey- I ;
ing the above described property to the purchaser,which deed is to be delivered to the purchaser on the following i
terms and conditions: III f
price for said property the sum of j_
3. Purchaser agrees to pay seller as the full purchaseX00,00- • _
110i
•
payable as follows: I
20 000.00
E— , hereby recelpted for; 0
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90,000. j
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• The balance of E- ,together with interest on the unpaid balance at the rata of
per cent per annum,in anon.}installments of not less than E3e+C0o.00 per Ii
November I
y_ear including interest,beginning on the_15f.----day of_November mb�e1r,'//''
is 77_, don the 152 day of__Noll,y 147A — rte�fWt/pttlte ���
hilic<iS{IC/v,{f(f{WS44a'�.Entire balance of principal and tc est shall be due and payable on or before f ,
.. .ay.l _. _ . _—.., io_79.,if not previcu:.ly paid. I l
Interest for October 1n76, to be paid November, 1977 payment. i
•
From and after:losing date purclmtr ffdsl2,M S 6r 7nd assessments levied on aid property except Wes \\
for special improvements now Installed/n cane of the failure of the purchaser to make such payments when due,the u '
lle, aenl
may pay such taxes or aseeenta,and all moneys thus paid,with interest thereon at 12 %per
• annum. shall become so much additional indebtedness under the terms of this contract, or seller may declarea
default a provided in paragraph 8. 1
'Strike if not applicable.
(NOTE: Any assignment of this contract must be accompanied by a new escrow agreement.eaerowing a deed of {
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the assignor to the assignee with the escrow agent,to assure a proper chain of title.) 1 '
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No.ILE 524-01 —le,wn.eat Isla Cwenel—bWeMI tasnr Poe Tow nil -, I +.y
r. nwdea,d PuhWnba Ca.IRese atuut stews.Den'.dW.a—f-Ot
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. 4 I y:news:F IL al.glierl first to t andtl to principal.Purchaser hl bay,. the t afl --1 y-
m.nt :nr Itnyp: dt.,,11,',4:.I any turd without li arty.i,the evert a m.nt,Me, .•n.a«shill
..... ,: .sigh - u.t t pnyn r . lanrt e•tl .I L..,., r P-. .I xl .. . - Im
hovel u,lal tl,e paged,l ^oa ribvLrn madeoe first specified r. .
' days o ter cloy n .ate ...
'...•.�.d l purchaser - - - - -
I. P.•p, it - f
to attached rgrcr^rent}
6. In Ire es,nt of d ,_utt by gu-clsder under the terms of this agreement, seller may give written notice of
•
such default to but-chaser,,and if said default is not corrected withia 110 days of such notice,the escrow agent shall
redeliver said deed to seller upon receipt of the affidavit of seller(1)that such default has occurred,(2)th.n notice .
hits been given,and(3) that said default has rot been corrected.Upon receipt of such affidavit by the escrow agent,
,. the interests of the purchaser shall he forfeited,and the seller shall be entitled to immediate possssion of the prem-
ises and may retain all moneys paid by the purchaser es liquidated damages.
S. It is understood that purchaser duo• not assume the prior encumbrances on the property,and that seller
- shall make all payments thereon as they become due and owing,end shall fully discharge said encumbrances prior
to or simultaneously with delivery of deed to purchaser.In case of failure of seller to snake such payments as they
because dire,purchaser shall have the right to make such payments and to deduct the amount thereof from the install-
. ments due and owing the seller hereunder.At no time shall the amount owing on any present or future encumbrance
exceed the unpaid principal balance owing under this contract.
8. Purchaser shall not make any major alterations or additions to said property without first obtaining per-
mission
of seller,which permission shall not be unreasonably withheld.All expenses incurred In making alterations,
additions,or improvements to said property shall be promptly paid for by purchaser.Purchaser shall keep the prem-
lees in a good state of repair during 0.;term hereof.
9. Additional Provisions:
This installment land contract is subject to the conditions of the
previous existing installment land contract. 2
IN WITNESS WHEREOF the parties have hereunto set their hands and seals. j i r
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APPROVED �`f 2 - 'n 19 7(' APPROVED_. �< `C ." 19— I
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error PenkSee
Purchaser's Address '
.
Seller's Address I
STATE OF COLORADO 1
COUNTY OF Weld �•
The foregoing instrument was acknowledged before me this 30th day of September I
.. 19 76"by'o.,,.,,
CA/.pp'•.., July 30 1979
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: Flews&&11. Lylland and official seal
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_,NWarr mate Carol Campbell ..
Broker __
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