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Home My WebLink About790377.tiff RESOLUTION RE: AUTHORIZATION FOR CHAIRMAN OF THE BOARD TO SIGN RELEASE OF DEED OF TRUST AND ACCEPTANCE OF PAYMENT CONCERNING EVANSTON COMMUNITY DEVELOPMENT PROGRAM. 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, Perry E. and Florence Kerr have received funds from the Federal Housing Grant Program through the Weld County Planning Department, and WHEREAS, said funds in the amount of $6, 149. 00 were used for certain modifications to their house, and WHEREAS, Perry E. and Florence Kerr have sold their house and have paid Weld County a pro-rata portion of the balance ($4, 919. 20) , and WHEREAS, Weld County is now obligated to release the Deed of Trust. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Chairman of the Board be, and hereby is, authorized to sign the Release of Deed of Trust. BE IT FURTHER RESOLVED by the Board that payment of the pro-rata portion of the balance is hereby accepted and further that the use of said payment shall be determined during the budget sessions. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of September, A.D. , 1979. ire^ milt. mite and BOARD OF COUNTY COMMISSIONERS ATTEST: (I- WELD COUNTY, COLORADO Weld County Clerk and Recorder (Aye) an lerk to the Bo1 Norman Carlson, Chairman By. - ' ) A�/ir7--tri'/ (Aye) eputy CountClerk Li Dunbar , AP R2,_ AVE AS TO F RM: n �� J�,`7�i4t7 (Aye) C. W. Kirby C unt�ey ABSENT DATE PRESENTED (Aye) Leonard L. Roe (ABSENT) June K. Steinmark 790377 ,ty // DATE PRESENTED: SEPTEMBER 19, 1979 Reception No.._. . .. .._Recorder. KNOW ALL MEN BY THESE PRESENTS: That, Whereas, Perry E. and Florence Kerr of 131 Johnson Street, Evanston, Colorado 80530 • of the County of Weld in the State of Colorado, by DEED OF TRUST dated the 14th day of March , 19 78 , and duly recorded in the Office of the County Clerk and Recorder of the County of Weld in the State of Colorado, on the 15th day of March , 19 78 , in book 825 sick »x Reception No. 1747412 and on May 3, 1978 at book 830 Reception No. 1752289 S'eceptico 4frocxxxxxxx cof the records, in said office, conveyed to the Public Trustee in said County of Weld certain real ostate in said Deed of Trust described, in trust to secure the payment of the indebtedness mentioned therein. AND, WHEREAS, Said indebtedneaaa has been paid and the purposes of said toast have been fully satisfied; NOW, THEREFORE, At the request of the legal holder of the indebtedness wcured by said Deed of Trust, and in consideration of the premises, and in further consideration of t!e sum of five Dollars, to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said County of Weld , do hereby remise, rele.”.se end quit.-7b:im unto the present owner or owners of said real eats to and unto tl:" heirs, 5UcCc5se!1'Y A.;:f' %6".: ir.'l,r, of raid owner or owners forever, all the right, title and interests which T. have under and '-,s- -.; roe of said Deed of Trust in and to the said real estate in said Deed o' 'cr,ct particularly dc+-;.:r. ,»1 reference to which is hereby made for greater certainty. TO HAVE AND TO HOLD the same U with all and singular the p'ivilegee and appur- tenances thereunto belonging forever. AND FURTHER, that the said Trust Dee in, by these pres- ents, to be considered as fully and absolutely repeat:e I, r lrcelled and forever discharged. WITNESS my hand and seal this d 3 of 19 (SEAL) to In e.(d faro e'1 of h;r . The Public Trustee in said County of Colorado: Please execute this release, the indehtedvet,:• ,,.• ,,,.,,i by the above mentioned Deed of Trust having been fully paid. Weld County Board of County Commissioners and Weld County Department of Planning Services - --a :y,• nf the InA w etxn;lan wa:rA irr laid Deed of Trost. . ......... Chairman, Board of County Conrnissioners STATE OF COLORADO, cc{. County of J The foregoing instrument was ackl;ow;ethic sl i;ritrr me this 17 dap c; 19 �� by tas 1 he Fubl;,'I Lnistee in said County of , Colorado• My cororolo ainn expires '///.? A /g _ Witness m: hw;,d and official seal. 'Notary WMM. No.904 RlLR/lROP DICED 07 TRUDT at TIM rufu!;71 tJJnes H ,If„! r,bl. I n). Ce 1,1,11 4, :,. , , . 1 qm nuo —1.77 f''' )AHill JI p, mEmoRAn®um i`PC. Don Warden September 11 , 1979 To _-. Date f COLORADO From Allen Jost Receipt of Funds from Promissory Note on the Evanston Subject, Community Development Project Attached is a check for $4, 919. 20 from Advance Mortgage Corporation . This amount represents 80% of the amount due on a Promissory Note held by Weld County for improvements to the Kerr property at 131 Johnson Street , Evanston , Colorado. The principal balance of the original note ($6, 149. 00) was reduced by 20% because the Kerrs lived on the property for one full calendar year after the note was signed. The promissory note and release of deed of trust should be sent to Advance Mortgage Corporation, 4155 East Jewell Avenue, Suite 103, Denver , Colorado 80222. If you have any questions please contact me. A.M.C A.M.C LOAN NUMBER LEDGER ACCOUNT DESCRIPTION NET AMOUNT 40-1200 40-24-56728 Payoff on Loan 4,919.20 Cook, William A. 131 Johnson St. Frederick, Colorado 80530 Please send cancelled papers to: Advance Mortgage Corporation 4155 E. Jewell Ave. Suite 103 Denver, Colorado 80222 DETACH AND RETAIN THIS STATEMENT ADVANCE MORTGAGE CORPORATION N° 4 4 7 0 23-97 A Subsidiary of CITICORP - - 1020 P.O. BO% 146 DETROIT, MICHIGAN 8232 UNIVERSITY NATIONAL BANK DENVER, COLORADO DATfSeptemhPr 5, 1979 PAY FOUR THOUSAND NINE HUNDRED NINETEEN AND 20/100ths $ 4919.20 . ADVANCE MORTGAGE CORPORATI N I� ACCOUNT 40-1127 I Weld County Housing Authority, - H THE Centennial Center .. ''� - - z ORDER OF P.O. Box 758 �., ... ,. . Greeley, Colorado 80631 1 1: 10 206..0097g 71: 0 2 19 8 11O 0 II, ,fn' B0K Recorded At I l `'° o'clock_ it-, M MAR 15 19/P I car • 825 Reception No. A74'7412 MARY ANN FEUERdfEiN ---- ---- _..- Recorder. f I THIS INDENTURE, Made this I A 3-`` day of Al fl (1 e I IIn the year of our Lord one thousand nine hundred and (78) seventy eight 1 b A -)` , i I between Perry E. _ • "��C• --�L r L '� and Florence Kerr whose address_______ 131 Johnson Street 1/, ‘1•'-. f , tit, C.P. Evanston Colorado 891530 part ies of the first part, and the Public Trustee of uounty of Weld .._- .____ ! n? in the State of Colorado, party of the second part, Witnesseth: .--( THAT, WHEREAS, The said . yb. _,' e ) fl- ft-- Perry E. and Florence Kerr '' r toeci ha ve executed said promissory note bearing even date herewith, for the principal sum of Six thousand one hundred forty nine f payable to the order of Weld County Department of Planning Services Dollars, C" whose address 915 10th Street, Greeley, Colorado 80631 ,,ae�tpNrMlLttgN Os- r S ok OW�4 r, after the date thereof, with interest thereon from the date thereof p 0o r� ,••`'‘' ytt g y 4 ,'%0 - per cent per annum, payable The principal balance set forth ; , 't Maid in five (5) equal annual installments on each of the five (5) 1 * * :nnaversary dates following the date of this note. Each of such T ,a tie excused from payment and shall not become an obligation of the E: --,* f �z : M; trj legal and equitable owner of the real. propeiLy hereinafter refer g ,. .tfr+`, �+ timed to reside on the said real property during the proceeding and sixty five days (365). acipal balance of the note shall be redtced by twenty percent (20%) each calendar year the maker(s) continues(s) to reside at the aforementioned real r property. AND WHEREAS, The said part ies of the first part being desirous of securing the payment of the J principal and interest of said promissory note in whose hands soever the said note or any of them may be. 0 NOW, THEREFORE, The said parties of the first part, in consideration of the premises, and for the purpose 0 P pose O aforesaid, do es hereby grant, bargain, sell and convey unto the said party of the second part in trust forever, �: following described property, situated in the County of Weld , State of Colorado, to-wit: W tr �., 7 Lots 5 and 6, Block "T", Evans Addition I f��" 830 � o� � s- qc+ Recorded at . clock M• MAY 3 1918 17 522Qp' C, Rec. No, }J"aikoe.,e Mary Ann'Feucrstein, Recorder CO (•.1 /—, (..2 =_ — lf\ TO RAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances, thereunto belonging: rl 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, e conditions, covenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured hereby may y declare a violation of any of the covenants herein contained and elect to advertise said property for sale and demand such sale, then. f 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 he recorded in the recorder's office of the county in which said real estate is be Pl situated, it shall and may be lawful for said party of the second Dart to sell and dispose of the same (en muse or in separate parcels, I. O as said Public Trustee may think best), and all the right, title and Interest of said part ieS of the first part, their 0 heirs or assigns therein, at public auction at the East front door of the Court House, in the County of Weld t:J 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 beet 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 be mailed within ten days from the date of the first publication thereof to the said part ies of the first part at the address herein t3/4k given and to such person or persons appearing to have acquired a subsequent record interest in said real estate at the address given in ' the recorded instrument; where only the county and state is given as the address then such notice shall be mailed to the county seat, and e• to make and give to the purchaser or purchasers of such property at such sale, a certificate or certificates in writing describing such property purchased, and the sum or sums paid therefor, and the time when-the purchaser or purchasers (or other person entitled thereto) shall be entitled to a deed or deeds therefor, unless the sae be redeemed as is provided by law; and said Public Trustee shall, upon demand by the person or persons holding the said certificate or certificates of purchase when said demand is made, or upon demand by the person entitled to a deed to end for the property purchased, at the time such demand is made, the time for redemption having expired. make and execute to such person or persons a deed or deeds to the said property purchased, which said deed or deeds shall be in the ^ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee, as grantor, and shall convey rt�s'�t 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 equityof redemption of the part ies of the first part, their heirs and assigns I!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 he referred to in such deed or deeds; but the notice of sale need not be set out In such deed or deeds; and the said Public Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of making said sole, pay to the beneficiary hereunder or the legal holder of said note (s)he principal and interest doe on said note(s)according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note (s)for insurance, taxes and assessments, with interest thereon at—0_ per cent per annum, renderings the overplus, if any, unto the said part ie g,f the first Dart,the irlegal representatives or assigns; which sale or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity, against the said parties of the first Dart, their heirs and assigns, and all other persons claiming the said property, or any part thereof, by, from, through or under said part ies of the first part, or any of them. The holder or holders of said note or notes may purchase said property or any part thereof; and it shall not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money. if a release deed be required, ft is agreed that the part ies of the first part, their heirs or assigns, will pay the expense thereof. DEED OF TRUST—Public Trustee—Receiver's Clause—Attorney's Fees. f THE C, G.HOECNEL CO., DENV ER r 1 Y Y . r 'sctY 4 6s ....My... .M f: r .akyya.;i.k„yi"",-evsf ,.°RP•p . i RB:;' a�i • t� „,,.,,r .asgr"i`_>` 4 .. /�(') t(�]!"� t� +�y a� p(]`°�Ji_7iq,`?_.f�ry.�A ty-��.a5M1.r�v'�*n .�... Ba+— OFd a� �O84Y® 1 /a�'.L'c.VJ 1I'[ /412 , And the said part ies of the first part, for their and for their y heirs, executors and adminis- trators, covenant (S)and agree (5)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 lands and tenements in fee simple, and ha good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims they 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 ,a be passed in relation thereto and that the same are free and clear of all liens and encumbrances whatever. 4 1 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 persona lawfully claiming or to claim the whole or any part thereof, the said part yes 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 des of the first part will in due season pay all taxes and assessments levied under the laws of the State of Colorado (except income taxes) on the obligation hereby secured; and assessments levied on said property: all•amounts due or to become due on account of principal and Intelsat on prior encumbrances, if any; and will keep all builjpl fah that may at any time be on said lands, insured against has by fire in such company or companies as si the holder of said note lS) may, from time to time direct, for such sun or sums as such company ur companies will insure for. not to exceed n the a ount of said indebtedness, except at the option of said part ieS of the first part, with loss, if any, payable to the beneficiary herew.dvr, as the i rinterest may appear, and wilt deliver the policy or policies of insurance to the beneficiary hereunder, as further security for the indebtedness aforesaid. And in tee of the failure of said part yes of the first part to thus insure and deliver the policies of insurance, or to pay such taxes or assessments or amounts due or to become due on ) any prior encumbrance, if any, then 11 the holder of said note (S or any of them. may procure such insurance, or pay such taxes or assessments or amounts due upon prior ., encumbrances, if any, and all moneys thus paid, with interest thereon at — 0 — per centuni per annum• shall become so much additional indebtedness, secured by this Deed of Trust, and shall be paid out of the proceeds of the sale of the property aforesaid• if not otherwise paid by said part leS of the first part and may for such failure declare a violation of this covenant and agreement. AND THAT IN CASH; OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the said party of the second part or the holder of said note (s) or certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the 1 property aforesaid, 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 Y 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 '4 by the said party Of the second part or the holder of said note ( )o r or certificate of purchase by any appropriate civil suit or 1proceeding, and the said party of the second part, o r the holder of said note (S)or certificate of purchase, or any thereof, shall be entitled to a Re- .1 ceiver fur said property and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure proceed- ings and the period of redemption, if any there be, and shall be entitled the,et> as a matter of right without regard to the solvency or insolvency of the a part ley of the first part or of the then owner of said property and without regard to the value thereof, and such Rare lv y be I led by any coon of I 4 t ) d 1 p rt application and without notice--notice being hereby ex- pressly waived E all t d pro ft and therefrom shall be applied by such Receiver to the payment of the indebtedness 1 _ I Y d 1 -g to law and the orders and d 1 of the courts AND, That i of default y of said payments f principal interest, according to the tenor and effect of said promissory note (s) aforesaid. or any of them, or any part thereof, n of a breach or violation of any of the covenants or agreements herein, by the part des of the first part, theilexecutors, administrators or assigns, then and in that case the whole of said principal sum hereby D 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 he sold in the manner and with the same effect as if said indebtedness had matured, and that if foreclosure be made by 1 the Public 'Trustee, an attorney's fee of the sum of dollars for services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the costs of such fore. closure proceedings. : 1N WITNESS WHEREOF, The said part Les of the first parphf--s a hereunto set their hand and seal the day and year first above written. l /\ f WITNESS: t- / K� aG `,,-7, - C L (SEAL) 7`� '�',,acit1 ? / ../.-', te-- (SEAL) r (SEAL) il STATE OF COLORADO, The (ore¢o'ng instrume t was acknowledged before me this 14.t ML es, day of �A(Ar�l, � 1fl b 1 � . y .4SHLd—__.._— ''r.,o' ,• __ A �ji�6i, Witness my hand and official seal. rir -, �` _.., i1�" - My commission expires__� - t.\ "-L �-.I-- 19 C` I , 3 �ca(i VI'� ark 'J e ' 5 - t sit t7. e Notary Public. zF e r0 The foregoing. instrument was acknowled ed before \TA : r.• (LT me this aokday of -_l Lill_! ._-- r 19 b I ff` T q1.4 .e` / _ • o $ 1 i a « H CO CT-10 x 00 c N G F��.nj O El ro o g y w G u H al R ,ai ro fi U 0 ei N u) s.�j '[']LY Amy r-LiO- (>: o to U F--1 W 0 1a iS w G w w a o m w • U Q C • CC PA p Et. O w x 7 W m o A-1 G. o a a; - a m 0 J• w F W W a ..= WE. c 0 Q o 4 � dELI w g d.fir w ear aL.)K 1757;_.'53 825g 30 FAD E DE Iof2 PROMISSORY NOTE HOUSING GRANT AMOUNT OF GRANT: $ 6, 149 . 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 $ 6, 149. 00 without interest in accordance to the foregoing conditions . -T1Te 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 caner of the real property hereinafter refer to , and has continued to reside on the said real property during the proceeding three hundred and sixty five days (365) . The principal balance of the note shall be reduced by twenty percent (20%) each calendar year the maker (s) continue (s) to reside at the aforementioned real property. NOTWITHSTANDING any of the foregoing provisions for payment , the entire outstanding balance shall he due and payable in one full sum if, the real property described herein is transferred at any time before _ 7zct1 I L�ru' f_ ` B '3 , 19 (insert date 5 ` ` 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 property hereinafter described and specifically shall include, but not be limited to, a lease with an option to purchase, any attempt to sublet said real estate or any rental lease agreement in connection therewith, or. any installment sales contract, any deed transferred intojescrow and any other tran- saction designed to transfer the legal and equitable title or interest in said real estate immediately or at a futUre' date, within the five year period from the date of execution of this note. Trans- fer means any transfer of the property, except that caused by death of the owner, by deed or otherwise , or possession of the property for occupancy by one other than the original owner, whether by deed, lease or otherwise, unless such lease of the property is necessitated by the illness of owner making it impossible for owner to properly take care of the property. This covenant shall be binding upon the heirs , descendants or devisees of the owner for the full five year term of the agreement. The maker (s) acknowledge (s) that the rea] property herein referred to shall serve as collateral for payment of this note, pursuant to the recording of a Deed of Trust with the Weld County BOO( O 8` 0 1. 73 "' �� .1�` , oa �U 174'7,112 ;' f- 435-4' •• 825 �� y Truster', of oven date. the PerU. +err T)erty S depc.r ?.hed n follows : LEGAL DESCRIPTION: Lots 5 and 6, Block "T" , Evans Addition. NAME OF OWNER (S) : Perry E. and Florence Kerr ' ADDRESS AND TOWN: 131 Johnson, Evanston, Colorado 80530 The . undersigned maker(s) further acknowledge (s) that the purpose of this note, and the Deed of Trust given to secure it , is to assure the Maker' s (s1 ) 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. wne.,rj(s) Signat re WITNESS : GG rr !" �t�1-l L-.'' / 9t.4 Owner (s) Signature Signature Dat/d /57 The fpregoing instrument was acknowledged ef.-o e me this day of Acky_ l9 by e��l .41,-4A/ name of maker (s ) enter Husband and Wife if applicable My commission expires: L44- 11P) ,E ter mont day and year WITNESS my hand and officia- s 1 `\ �)„�,�� any Pub i ,00111fMI *7-A ••• , � . E •W• Y I, O or Cpl. o '�...... rNH11�1M . , . . te«�\ \ \ # : ;mow. a § 2 2, »Q v7»/, } ? m ' • ® - §fit 2 03 1— \ _ k E / ) 4 P. } »M. } "8 u3 C7) & 1z q . 2 % 8 x C.1 « C � � V § / ! ? E � § & � ri aa § { \ 2i � \ 2 / - & - » / § f •z ® / \ » i « , ©`\\ % m 6 <7 4 - § n } \ >_% el f : j |8 .4, m Iz • % - zrs IN. 2 \ } § », - N ! S >- u J . . ri \ } \U / { � ` % , ,� ` . & k = : <' na 83 &� I ! .. . - DE, i,'r� 1L ENI OF PL /NNIN, SERVICE` PHONE 13031366A000 E 401 915 10TH SIR( F1 GRE ELE Y Col ORADO 80631 IA haji • COLORADO August 28, 1979 Ms . Linda Butler Advance Mortgage Corporation Colorado Club Building, Suite 103 4155 East Jewell Avenue Denver , CO 80222 Dear Ms. Butler: The outstanding principal balance on the Promissory Note Housing Grant for Mr. and Mrs. Perry E. Kerr, dated March 14 , 1978, is S4 ,919. 20. This figure will remain effective until March 14 , 1980. Please make the check payable to the Weld County Housing Authority, Centennial Center, P. 0. Box 758, Greeley, Colorado. If you have any questions, please feel free to contact me. Sincerely, —7�•LL7u_-C.i Gary Z. Fortner , Director Department of Planning Services csd Hello