HomeMy WebLinkAbout780520.tiff [ROOK Recorded at (% — o'clock ? M„ NOV 4: )78.
852 Reception No. ss_9'zs Recorder �n
!/-J e County, Colorado `
I THIS INDENTURE, Made this 27th day of November .19 78 ,between
Rosie LaCoe
1826 Mary Avenue
whose address is Wattenberg, Colorado 80621
part y of the first part,and the Public Trustee of County of Weld ,
in the State of Colorado,party of the second part,Witnesseth:
THAT,WHEREAS,The said
Rosie LaCoe
t-7-1ha S executed said promissory note bearing even date herewith,for the principal sum of
Seven thousand six hundred thirty six and -------- -00 Dollars,
payable to the order of Weld County Department of Planning Services - Housing Division
whose address is 915 10th Street, Greeley, Colorado 80631
after the date hereof',with interest thereon from the date thereof
iii at the rate of — 0 — per cent per annum,payable The principal balance set forth above
shall be paid in five (5) equal annual installments on each of the five (5)
consecutive anniversary dates following the date of this note. Each of such
payments shall be excused from payment and shall not become an obligation of the
maker(s) of this note, if, on the annual payment due date, the undersigned makers;
is the legal and equitable owner of the real property hereinafter refer to, and haE
t'- continued to reside on the said real property during the proceeding three hundred
and sixty five days (365).
a_ The principal balance of the note shall be reduced by twenty percent (20%) each
calendar year the maker(s) continue(s) to reside at the aforementioned real property.
AND WHEREAS,The said part ies of the first part being desirous of securing payment of the
principal and interest of said promissory note in whose hands soever the said note (5) or any of them may be,
NOW, THEREFORE, The said part ies of the first part, in consideration of the premises and for the purpose
aforesaid, do hereby grant, bargain, sell and convey unto the said party of the second part in trust forever,the
following described property,situate in the County of Weld ,State of Colorado,to wit:
Lots 9 & 10, Block 15, Wattenberg Subdivision l `["6-.....,N O%17CliS
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Nye
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also known as street and number 1826 MarqutDcr
ue, Wattenberg, Colorado 80621
TO HAVE AND TO HOLD the same,together with all and singular the privileges and appurtenances thereunto belonging:In Trust Nevertheless,That in
case of default in the payment of said note (s)or any of them,or any part thereof.or in the payment of the interest thereon,according to the tenor and effect
of said note (s) or any of them,or in the payment of any prior encumbrances,principal or interest.if any.or in case default shall be made in or in case of
violation or breach of any of the terms.conditions,covenants or agreements herein contained,the beneficiary hereunder or the legal holder of the indebtedness
secured hereby may declare a violation of any of the covenants herein contained and elect to advertise said property for sale and demand such sale.then,upon filing
notice of such election and demand for sale with the said party of the second part,who shall upon receipt of such notice of election and demand fur 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 second part to
sell and dispose of the same (en masse or in separate parcels, as the said Public Trustee may think best), and all the right. title and interest
of said part y of the first part, her heirs or assigns therein,at public auction at the East front door of the Court House.in the County of
WWe 1 d .State of Colorado,or on said premises,or any part thereof as may be specified in the notice of said sale.for the highest and
best price the same will bring in cash, four weeks' public notice having been previously given of the time and place of such sale, by advertisement.
weekly,in some newspaper of general circulation at that time published in said county of Weld
.a copy of which notice shall he mailed
within ten days from the date of the first publication thereof to the said part
v of the first part at the address herein given and to such person t or personass the adg to hen sacquired subsequent he recordto interest yi ea ,and e to he address gi to in purchase rmtm where property
ro the countyaty and state is given ca the address then such noticed shall n be mailed thecountyrcs seat,and tomake ads give to the purchaserri imwhen purchasers of suchs r orp purchasers
at such role.a
person en or certificates in shall
writing describing such property purchased,u and the sum or sums paid therefor.and the dine when the purchaser Public r Truste esh all,other
deman by the ter on o pert on ho dinled toe seed er decal or certf unless tpe ume shall n redeemed d i is ad ,or u by ld and said a nter shall,deed
todemand ryteeropert orrchaes,holding ssucdemante ds ade.te time purchase,whensaid
expir d,made,nrexedemand ch persontheesrentitled-so to a deed
and for the aidpr purchased,purcha,et.wlimeucheed or demand is deeds shall
the timredemptione having anve and and executebe signedsack owled e and delivered
oered bor
y deeds propertyitheubliTrustee. assgr which said deed or
conveyallnd in theordinaryformcf h conveyance,rnorand seas bete tied,acknowledged dgeeands ra 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 y of the first
parr, her heirs and assigns therein,and shall recite the sum or sums for which the said property was sold and shall refer to the power of sale
therein contained,and to the sale or sales made by virtue thereof:and in case of an assignment of such certificate or certificates of purchase.or in case of the
redemption of such property by a subsequent encumbrancer,such assignment or redemption shall also be referred to in such deed or deeds:but the notice of sale
need not be set out in such deed or deeds and the said Public'[nittee shall,out of the proceeds or avails of such sale.after first paying and retaining all fees.
charges and costs of making said sale,pay to the beneficiary hereunder or the legal holder of said note (s) the principal and interest due on said
note (5) according to the tenor and effect thereof,and all moneys advanced by such beneficiary or legal holder of said note (s) for insurance.
taxes and assessments, with interest thereon at —0— per cent per annum, rendering the overplus. if any, unto the said part y of the first
part, her legal representatives or assigns:which sale or sales and said deed or deeds so made shall be a perpetual hat,both in law and equity,against the
said part y of the first part. her heirs and assigns,and all other persons claiming the said property,or any part thereof.by.
from,through or under said part of thereof;and it shall not he bligatorrry upon the purchaser er orrpurcha et,or any rrs them.anyl such sbe alerto or seed to the application rs of said note r of the pu notes rchasehmoney. I said propeny
de or ed he
required,it is agreed that the part y of the first part, her heirs or assigns.will pay the expense thereof.
No.341-A.DEED OF TRUST—Public Trustee—Receiver's('lause—Attorney's Fees.
780 520
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And the said part y of the first part,for itself -and for i t S heirs,executors and administrators
covenant (s) and agree (S)) to and with the said party of the second part,that at the time of the ensealing of and delivery of these
presents being well seized of the said land and tenements in fee simple,and ha s good tight.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 1 t may have in or to said lands,tenements,and property as a Homestead Exemption.or other exemption,
under and by virtue of any act of the General Assembly of the State of Colorado,now existing or which may hereafter be passed in relation thereto and that the same
are free and clear of all liens and encumbrances whatever.
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 y 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 v 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 (S) may.from time to time direct,for such sum or sums as such company or companies will insure for,not to exceed the amount of said indebtedness.
except at the option of said part y of the first part,with loss,if any.payable to the beneficiary hereunder.as its interest may appear,and will
deliver the policy or policies of insurance to the beneficiary hereunder, as further security for the indebtedness aforesaid. And in case of the failure of said
part y of the first part to thus insure and deliver the policies of insurance,or to pay such taxes or assessments or amounts due or to become due on any
prior encumbrances.if any,then the holder of said note (S) ,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 — 0 - per centum per annum,shall become so much additional
indebtedness,secured by this Deed of Trust,and shall be paid out of the proceeds of the sale of the property aforesaid,if not otherwise paid by said party of the
first part and may for such failure declare a violation of this covenant and agreement.
AND THAT IN CASE OF ANY DEFAULT,Whereby the right of foreclosure occurs hereunder,the same party of the second pan or the holder of said
note (S)or certificate of purchase,shall at once become entitled to the possession,use and enjoyment of the property aforesaid.and to the rents,issues and
profits thereof,from the accruing of such right and during the pendemcy 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 (S) or certificate of purchase on request,and on refusal,
the delivery of such possession may be enforced by the said party of the second part or the holder of said note(5) or certificate of purchase by any appropriate
civil suit or proceeding,and the said party of the second part,or the holder of said note (s) or certificate of purchase.or any thereof,shall be entitled to a
Receiver for said property,and of the rents,issues and profits 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 y 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 df competent jurisdiction
upon ex parte application and without notice—notice being hereby expressly waived—and all rents,issues and profits,income and revenue therefrom shall be
applied by such Receiver to the payment of the indebtedness hereby secured,according to the law and the orders and directions of the court.
AND,That in case of default in any of said payments of principal or interest.according to the tenor and effect of said promissory note aforesaid,or any of
them,or any part thereof,or of a breach or violation of any of the covenants or agreements herein,by the part y
of the first part, her 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 the 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 he made by the Public Trustee, an attorney's fee of the sum
of a reasonable amount of dollars for services in the supervision of said foreclosure proceedings shall be allowed by the
Public Trustee as apart of the cost of foreclosure,and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the
costs of such foreclosure proceedings.
IN WITNESS WHEREOF,The said part y of the first part ha S hereunto set her hand and seal
the day and year first above written.
WITNESS: /�
[SEAL]
[SEAL]
STA1E�OP COLORADO, The foregoing instrument was ac owledged beforume this 7�W _ -- -
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,r `. 0 t r S' .C6tinty of Weld — ss. day stf =1�-. ,by \NN..l.1N t___t\r\i'A,y�_
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I My commission expires F�\k rV,y.\ \s� \\ \
Witness my hand and icial seal. f`
VI��.�� . C �y� �_ _.._
r3 11Jotary public.
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1773949
Yj"K FAGS oc 2
852 PROMISSORY NOTE
HOUSING GRANT
AMOUNT OF GRANT: $ 7,636.00
STATE OF COLORADO )
COUNTY OF WELD ) SS.
The undersigned maker (s) hereby promise (s) to pay to the
order of Weld County Department of Planning Service - Housing Div-
ision, acting through the Board of County Commissioners, Weld
County, Colorado, the sum of $ 7,636,00 without interest in
accordance to the foregoing conditions.
The principal balance set forth above shall be paid in five
(5) equal annual installments on each of the five (5) consecutive
anniversary dates following the date of this note. Each of such
payments shall be excused from payment and shall not become an
obligation of the maker(s) of this note, if, on the annual payment
due date, the undersigned maker (s) is the legal and equitable miner of
the real property hereinafter refer to, and has continued to reside
on the said real property during the proceeding three hundred and
sixty five days (355) .
The principal balance of the note shall be reduced by twenty
percent (20%) each calendar year the maker (s) continue (s) to reside
at the aforementioned real property.
NOTWITHSTANDING any of the foregoing provisions for payment,
the entire outstanding balance shall be due and payable in one
full sum if, the real property described herein is transferred at
any time before //cp,,i{),t,j /7 , , 19g3.
(insert- date 5 years from date of note)
For the purpose of this note a transfer shall include the sale,
gift, or any other transaction involving the conveyance of the legal
and equitable title to the real propyalimLL` nafter described and
(��jjSl specifically shall include, liy�AA�itAla to, a lease with an
option to purchase, any atte Fgros uktl4Asaid real estate or any
rental lease agreement in connection therewith,e or any installment
t
sales contract, any deed transferree r� gi s Eow and any other tran-
Net- CQLORA�
saction designed to transfer theW�®g( �Ydnd equitable title or
interest in said real estate immediately or at a future date , within
the five year period from the date of execution of this note. Trans-
fer means any transfer of the property, except that caused by death
of the owner, by deed or otherwise, or possession of the property
for occupancy by one other than the original owner, whether by
deed, lease or otherwise, unless such lease of the property is
necessitated by the illness of owner making it impossible for
owner to properly take care of the property. This covenant shall
be binding upon the heirs, descendants or devisees of the owner for
the full five year term of the agreement.
The maker (s) acknowledge (s) that the real property herein
referred to shall serve as collateral for payment of t is ote,
pursuant to the recording of a De ed of Trust with eld y
P ,^ j fes37J ii(A‘
,Cb
-BOOK 852 1773949 PAGE. Z 2 oF
y_y
Trustee, of even date. the Real property is described as follows :
LEGAL DESCRIPTION: Lots 9 & 10, Block 15. Wattenberg Subdivision
NAME OF OWNER(S) : Rosie LaCoe
'ADDRESS AND TOWN: : 1826 Mary Avenue, Wittenberg, Colorado
The undersigned makers) further acknowledge (s) that the purpose of
this note, and the Deed of Trust given to secure it, is to assure
the Maker' s (s ' ) compliance with provisions of the grant award by the
Board of County Commissioners, Weld County, Colorado.
The undersigned maker (s) further acknowledge (s) that the making
of the grant award to (Him) (Her) (Them) constitutes sufficient
and adequate consideration for this note.
This Note will not be negotiated or otherwise transferred or
pledged by the Weld County Department of Planning Services -
Housing Division, unless the transfer is made to the Board of
County Commissioners , Weld County, Colorado, or is made after
default to facilitate collection.
Owner Zs Signature
WITNESS:
likAa t,{ n/ Owner (s) Signature
Signature
/7/17/78
D ted
The foregoing instrument was acknowledged before me this
e
�� ` day of _�\ a� �:.,� 1 � by
name of maker (s) enter Husband and Wife if applicable
My commission expires: C; �� � A . ,NC ';.
Enter month, day and year
WITNESS my hand and official seal.
Notcy Public
1. p
Without recourse pay to the order of
(SEAL) Weld ,Count Boa of County Commissioners
Weld County Department of anning Services -
Housing Division
Chuck Cunliffe, Director
The foregoing was signed before me this 1st day of February, 1984.
c . -2
—
Notary Public
My Commission Expires June 8, 190
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
i1f � o
COLORADO
November 29, 1978
Ms. Rosie LaCoe
1826 Mary Avenue
Wattenberg, CO 80621
RE: Copy of Deed of Trust and Promissory Note Documents
Dear Ms. LaCoe:
I am enclosing copies for your record and future reference in con-
nection with the Housing Rehabilitation Grant awarded you by Weld
County. These documents have been officially filed with the Weld
County Recording Office. The original(s) will be held in trust
with the Clerk to the Board Office for a period of five (5) years,
at which time they will be returned to you.
In the event you must dispose, sell , or transfer your property
before the five (5). year_ period, you will be required to contact-
the Clerk to the Board Office and obtain the proper release to your
present obligation .
Should you have any questions regarding the enclosed, please con-
tact the Department of Planning Services, 915 10th Street, Greeley,
Colorado 80631, or phone 356-4000, extension 400.
Sincerely,
William Rodriguez
Rehab Coordinator
WR/csd
cc: County Commissioners Office
Clerk to the Board Office
Department of Planning Services Office
Client's File
I L.fi n 2 c—Y
REHABILITATION GRANT AGREEMENT
This agreement made this 9 day of May , 19 78
for a Housing Rehabilitation Grant is made between the Board of
County Commissioners, Weld County, Colorado and
Rosie LaCoe the applicant.
The Board of County Commissioners, Weld County, Colorado
hereby agrees to give a Housing Rehabilitation Grant in the amount
of $6, 335. 28 for the applicant ' s property at 7826 Mary AvP
Wattenberg, CO 80621 , in consideration of the applicant ' s
meeting the following requirements :
1. Applicant (s) agree that he (they) will continue to own
the above described property for the next five years .
2. Applicant (s) agree to sign a promissory note, secured by
a lien against the property, which will require applicant ' s
to repay all or a portion of the grant, should applicant ' s
cease to be owner of the property within the five (5)
year period. The obligation will be reduced by 20% for
each year after the grant year, during which applicant (s)
continues to own the property as agreed.
3. Applicant (s) agree that he (they) will deposit the
rehabilitation grant funds into an escrow account in a
bank designated as a trustee for the funds by the Board
of County Commissioners, Weld County, Colorado.
4. Applicant (s) agree to withdraw and return any and all
unexpended funds from the grant deposited in the escrow
account to the Board of County Commissioners, Weld County
Colorado.
5. Weld County will provide in behalf of the applicant (s)
Flood Insurance premium for the first (1) year of the
five (5) year grant agreement with HUD funds . The
applicant (s) shall provide Flood Insurance coverage
for the remaining of the grant agreement or four (4)
years .
This agreement is executed by the Applicant (s) and the Board
of County Commissioners on the date above first written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
U pp
Owner ' s Signature Ed Dunbar,� Chairman J
ATTEST: %' (614A an,�,v�.`ft(lfivIf,u.n/
Owner ' s Signature
Weld County Clerk and ,Recorder
corder
WITNtE�SS : --and Clerk to the Bo d /
•
Signature B : Deputy County -erk
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