HomeMy WebLinkAbout7. Statement of Authority & DeedsSTATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of
Kenneth P. Meyer Trust Dtd 6/8/1A Trust
(corporation, limited
liability company, general partnership, registered limited liability partnership, registered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of holding title to real property (the "Entity"), and states as follows:
The name of the Entity is Kenneth P. Meyer
and is formed under the laws of Colorado
The mailing address for the Entity is 4784 County
TrustDtd 6/8/10
Road 312, New Castle, CO 81647
The name and/or position of the person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the Entity is Dorothy J. Meyer
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None"): None
Other matters concerning the manner in which the Entity deals with any interest in real property are (if
no other matter, leave this section blank):
EXECUTED this lZ THday of January , 2016
Signature: P
Name (printed): Kenneth P. Meyer
Title (if any): Trustee
STATE OF Colorado
)SS.
COUNTY OF Garfield
The foregoing instrument was acknowledged before me this ! 21 day of January , 20 16
by Kenneth P. Meyer, Trustee , on behalf of Kenneth P. Meyer TrustDtd 6/77:1P, a
Witness my hand and official seal.
My commission expires: 7 = r/
(Date)
(SEAL
LINDA M. MCKINLEY
STATE COLORADOu
MY COMMISSION EXPIRES JULY 21, 2017
l7/ 1L
Notary Public) 3
Garfield County
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-7,72, the undersigned executes this Statement of Authority on behalf of
Dorothy J. Meyer. Trust Dtd 6/8/10,a Trust
(corporation, limited
liability company, general partnership, registered limited liability partnership, registered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of holding title to real property (the "Entity"), and states as follows:
The name of the Entity is Dorothy J. Meyer Trust Dtd 6/8/10
and is formed under the laws of Colorado
The mailing address for the Entity is 4784 County Road 312, New Castle, CO 81647
The name and/or position of the person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the Entity is Kenneth P. Meyer
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None"): None
Other matters concerning the manner in which the Entity deals with any interest in real property are (if
no other matter, leave this section blank):
EXECUTED this i day of January , 20 16
Signature: rTYc-{/'u-7
Name (printed): Dorothy J. Maier
Title (if any): Trustee
STATE OF Colorado )
)SS.
COUNTY OE Garfield )
The foregoing instrument was acknowledged before me this day of January , 20 Ib
by Dorothy J. Meyer, Trustee , on behalf of Dorothy J. Meyer TrustDtd 6/8/Ig, a
Trust
Witnessmyan an hand d official seal.
)-)
My commission expires: '7 -1.Z1 -a t t'7 ji'A \ )7`l c-6
(Date) (Notary Public)
[SEAL]
LINDA M. MCKINLEY
NOTARY PUBLIC
NOTARY ID 19934010874
MY COMMISSION EXPIRES JULY 21, 2017
11111 d Mit MINA ii lt.D LM'L 11111
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12J25i06 12:16PM B 1670 P 0789 Mildred aladarl
t el 2 Ree Fee %lt CO Doc rem 52 50 t:cRFIELO COtn:TY CO
WARRANTY DEED
THIS DEED, made this 28th day of November, 2006, between
Cheryl Monger
of the said County of Garfield and State of Colorado, Grantor, and
Kenneth P. Meyer and Dorothy J. Meyer
whose legal address is: 345 Vista Drive, Glenwood Springs CO 81601
of the said County of Garfield and State of Colorado, grantee:
WITNESS, that the grantor, for and in consideration of the sum of
( S10.00 ) Ten dollars and Zero cents, thc receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain. sell, convey
and confine, unto the grantees, their heirs and assigns forever. not in tenancy in common but in joint tenancy, all the real
property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado
described as follows:
Rec Fee SI 1.00
Doc Fee 562.50
Parcel B:
A Parcel of land situated in the NW I/4NW I/4 of Section 25, Township 6, South. Range 91 West of the 6'4P.M County
of Garfield, State of Colorado, said Parcel being more particularly deseri'bed as follows:
Commencing at the NW comer of said Section 25 a 3 1/2" Aluminum Cap L.S. #14111 in place; thence S.00°00'00" W.
along the Westerly boundary of said Section 25 a distance of 349.49 feet to the point of beginning; thence leaving said
Westerly boundary N. 89°25'27" E a distance 01 222.01 feet: thence S. 09°40'59" E. a distance of 722.78 feet: thence S
67°10'iO" W. a distance of 150.94 feet to an existing water spigot: thence S. 53°39'05" W a distance of 164.31 feet to a
point in the centerline of an existing road; thence along said centerline along the arc of a curve to the Ieft having a radius
of 118.64 feet and a central angle of 14°47'06", a distance of30.81 feet (chord bears S. 46°15'32" W. a distance of 30.53
feet): thence continuing along said centerline S. 38°51'59" W. a distance of 79.77 feet to a point on the Westerly
boundary of said NW 1/4NW I/4: thence leaving said centerline N. 00000'00" E. along said Westerly boundary a distance
of 949.42 feet to the paint of beginning- said parcel of land containing 5362 acres more or less
County of Garfield
State of Colorado
also known by sued and number as: 4784 County Road 312, New Castle, CO 81647
TOGETHER with all and singular thc hereditaments and appurtenances thereto belonging. or in anywise appertaining,
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises,
with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantee,
his heirs and assigns forever. And the grantor. for himself, his heirs. and personal representatives, does covenant, want,
bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the enscaling and delivery of these
presents. he is well seized of the premises above conveyed, has good. sure, perfect. absolute and indefeasible estate of
inhentancc, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain. sell and convey
the same in manner and form as aforesaid, and that the same arc free and clear from all forma and other grants. bargains.
sales, liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature socver, except
general tares fur the year 2006 and subsequent yaws; and those specific exceptions described by reference to recorded documents
as reflected in the Title Documents accepted by Grantee(s) In accordance with Section 8a(itle Review) of the Contract to Buy and
Sell Real Estate relating to the above described property; distribution utility easements (including cable TV). those specifically
described rights of third parties not shown by the public records of which Granter has actual knowledge and which user accepted by
Gmnteelsj in accurdanre with Sectinc 86 (Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract
to Buy and Sell Real &tate relating to the above described real propery. inclusion of the property within any soma: tar district;
and. the benefit and burdens ufany declaration and party wall agreements. (Tony "
Thc grantor shall and will WARRANT A ND F OREVER DEFEND the above -bargained premises rn the quiet and
peaceable possession of the grantee, his heirs and assigns, against all and every person or person lawfully claiming the
whole or any pan thereof. Thc singular number shall include the plural. the plural the singular, and the use of any gender
shall be applicable to all genders.
ti WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
.cryl
r
STATE OF Colorado
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COUNTY OF Garfield
) SS.
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The foregoing instrument was acknowledged before me this 28th day of 'November, 2006, by Cheryl Monger
My commission expires: f 7 W ess my hand and o
Ictal seal
•- • -: -. ra112#i9
NIcwnr* I t1 of I'olo ado-I.1.xmwal Springs Do won File Number: 20%12110
No. 92I A - Warranty Decd - To Mill( Tenantr
Paye 2 On
INI 1I+NIINILIS' (Niki ICI RIC( 'Ii►1ft! ! IIIEI
Recap U.°Mrt712414
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When recorded. mail to:
Washington Mutual Bank
2210 Enterprise Drive. Doc Ops - M5 SC00140
Florence. SC 29501
DEED OF TRUST
THIS DEED OF TRUST is made this 28th day of November. 2006
among tie Grantor_ Kenneth P Meyer And Dorothy J Meyer. not in tenancy in common but in
joint tenancy
Public Trustee
GARFIELD
and the Beneficiary, Washington Mutual Bank
existing under the laws of the United States
1400 South Douglass Road, Suite 100. Anaheim. CA 92806
(herein "Borrower"), the Public Trustee of
County (herein "Trustee"),
, a corporation organized and
. whose address is
therein "Lender').
BORROWER, in consideration of the indebtedness herein recited and the must herein enanid. irrevocably
grants and conveys to Trusum. in trus. with power of sak, the following described property located in the County of
GARFIELD , State of Colorado:
Legal description attached hereto and made a part thereof
R.i
N
4
whidt alas the addres of 4764 County Road 312 Posed
qNew Castle tch,l. cnlnrado 81647 IMP Cutlet (herein "Property Adds ");
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances and tents (subject however in dun rights and authorities given herein to Lender to tatllect and apply such
rents), all of which shall be deemed to be and remain n pan of the property covered by this Deed of Trus: and all of the
foregoing. together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) ire hereinafter
referred to as the "Pmprny";
TO SECURE to Lender the repayment of due indebtedness evidenced by Borrower's note dated
November 28. 2006 and extensions and renewals thereof (herein "Note"). in the principal sum of
U.S. S 93.750.00 , with interest thereon, providing for monthly installments of principal and interest, with
the balance of the indebtedness. if not sooner paid. due and payable on December 1. 2036
the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of
Trust and tae performance of the covenants and agreements of Borrower herein contained.
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right 10 grant and
convey the Property, and that due Property is unencumbered. except for encumbrances of record. Borrower covenants that
Borrower warrants and will defeat generally the tide to the Propeny against all claims and demands. subject to
encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
I. Payment of Principal and lntersst. Borrower shall promptly pay when due the principal and interest indebtedness
evidenced by the Note and hue charges as provided in the Urate.
2. Funds for Taxes and Insurance. Subject w appheable law or written waiver by Lender. Borrower shall pay to
Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in lull, a
sum (herein "Funds") equal to one -twelfth of the yearlyraxes and amts (including condominium and planned unit
development asseamerltS, if any) which may attain priority over this Deed of Trust. and ground rents on the Property, if
any. plus one -twelfth of yearly premium installments for hazard insurance, plus one -twelfth of yearly premium installments
COLORADO - SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT
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0729747337
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SCHEDULE A
ORDER NUMBER: 20061200-05
LEGAL DESCRIP77CN
Parcel B:
A Parcel of land situated in the NW 1 /4NW 114 of Section 25, Township 6, South, Range 91 West
of the 6a' P.M., County of Garfield, State of Colorado, said Parcel being more particularly
described as follows:
Commencing at the NW corner of said Section 25 a 3 112" Aluminum Cap L.S. #14111 in place;
thence S.00°00'00" W. along the Westerly boundary of said Section 25 a distance of 349.49 feet
to the point of beginning; thence leaving said Westerly boundary N. 89°25'27" E. a distance of
222.01 feet; thence S. 09°40'59" E. a distance of 722.78 feet; thence S. 67°10'10" W. a distance
of 150.94 feet to an existing water spigot; thence S. 53°39'05" W. a distance of 164.31 feet to a
point in the centerline of an existing road; thence along said centerline along the arc of a curve to
the left having a radius of 118.64 feet and a central angle of 14°47'06", a distance of 30.81 feet
(chord bears S. 4695'32" W. a distance of 30.53 feet); thence continuing along said centerline S.
38°51'59" W. a distance of 79.77 feet to a point on the Westerly boundary of said
NW 1 /4NW 114; thence leaving said centerline N. 00°00'00" E. along said Westerly boundary a
distance of 949.42 feet to the point of beginning.
County of Garfield
State of Colorado
County of Garfield
State of Colorado
S11!'WARRTTUTii GUARANTY COMPANY F31e Number: 201wI2110 . l
Attached Legal Dcsnlptlun
Pasc 1 of 1
SRI! .ii1411d1 1 Ill[ riHlrll�4t'�i�i1FM:W ell 111111
Reccpttanel: 712410
12105106 12 16P11 9 1670 P 0412 Allured Alsrmrr
2 or 6 Ree yes 531 DO Doe Fee 0 DO GARFIELD COUNTY CO
for mortgage insurance. if any, all as reasonably estimated initially and From time to time by Lender on the basis of
assessments and bills and reasonable estimates thereof. the bolder as n'obLi ted toge o a such
of coxa ims i xiior Funds w
!Idem is
Lender to die extent that Borrower makes sat payments P
an institutional lender.
If Borrower pays Funds to Lender. the Funds shall be held in an institution the deposits or accounts of which are
insured tar guaramccd by a federal ur state agency (including Lender if Lender is such an institution). Lender shall apply the
Funds w pay said taxes, arsmismeats, insurance premiums and ground reins. Lender may not charge for so holding and
applying the Funds. analyzing said account or verifying and compiling said assessments and bills. unless Lender pays
Borrower interest on the Funds and applicable kw pcnnite Lender to make such a charge. Borrower and Lender nay agree
in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such
agreement is made or applicable law requires such interest to be paid. Lender shall not be required w pay Borrower any
interest or earnings on the Funds. Lender shall give to Borrower, without charge, an amoral accounting of the Funds
showing credits and debits to the Funds and the eurpose for which each debit to the Funds was made. The Funds are pledged
as additional security for the sums secured by this Deed of Trust. e to the
If the amount of the Fiends held by Lender. together cords the forme monthly insttlmems of Funds payable p ` mor
due dates of taxes. assessments. insomnia premiums and ground rents. shall exceed rte amotmt required to fay said taxes.
xe0e5111ems. insurance pncroiums and ground rents as they fall due, such excess shall be. at Borrower's option. either
amptly repaid to Borrower ur credited to Borrower an monthly installments of Funds. If the amount of the Funds held by
[reeler shall not be sufficient m pay taws, assessments, insurance premiums and ground rents as they fall due, Borrower
shall pay m Lender any amount neeaessary to makeup the deficiency in one ur more payments as Leader may require.
Upon paymeru in full of all sums secured by this Deed of Trust. Lender shall ptumpdy refund to Burrower any Funds
held by lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender. Lender
shall apply. no later than immediately prior w the sale of the Property or its acquisition by Lender, any Funds held by
Lender at die time of application as a credit against the sums secured by this Deed of Trust.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the
Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower
under paragraph 2 hereof. then to intent payable on the Noe, and deep to die principal of the Note.
4. Prior Mortgages and Deeds of Trust; Charger, Liens. Borrower shall perform all of Burrower's ubligatiotts under
any mortgage. deed of hast or other security agreement with a lien which has priority ever this Deed of Trust, including
Borrower's covenants to snake payments when due. Borrower shall pay ur cause to be paid all taxes, aaesanena and other
charges, fines and impositions attributable to the Property which may amain a priority over this Deed of Truss and leasehold
payments or ground rents. if any.
5. Hazard Insurance. Borrower shall keep the improveme.nrs now existing or hereafter erected on the Property insured
against loss by tire, bawds included within the team "extended coverage," and such other hazards as Lender may require
and in such amounts and for such periods as Lender may tequuc.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by lender; provided,
that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form
acceptable m Lender and shall include a standard mortgage clause in favor of and in a eons atxepuble to Lender. Lender
shall have the right to hold the policies and renewals thereof. subject to the terms of any mongage, deed of trust or other
security agreement with a lien which bas priority over this Deed of Trust.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of
Loss if not made prumpdy by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date
notice is mailed by Lender to Borrower that the insurance carrier offers to scale a claim for insurance benefits. Lender is
authorized to collect and apply the insurance proceeds at Lender's option either in re smtatinn or repair of the Prnperty or m
the sums woofed by this Dad of Trust.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments.
Borrower shall keep the Propeny in good repair and shall not commit waste or permit impairment or deterioration of the
Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on
2 unit in a condominium or a planned unit dcvelopmeat, Borrower shall perform ail of Borrower's obligations under the
declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations
of the condominium or planned unit development, and constituent documents.
7. Protection of Lender's Security. If Borrower Fails to perform the covenants and agreements contained in this Deed
of Trust. or if any action or proceeding is commenced which materially affects Leader's interest in the Property. then
Lender, at Lender's option. upon notice to Borrower, may snake such appearances, disburse such sums. Including
reasonable attorneys fees, and tale such action as is netesary to protect Lender's interest. if Lender required mortgage
insurance as a =sedition of snaking the loan secured by this Deed of Trust. Borrower shall pay the premiums required in
maintain suck insurance in effect until such dm: as the requirement for such iacrtrancc terminates itt aceordanceswith
Borrower's and Lender's writien agrceman or applicable law.
Any amount; disbursed by Lender pursuant to this paragraph 7. with interest thereon. at the Note rate, shall become
additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree in other terms of
payment. such amounts shall be payable upon notice from Lender to Borrower requesting payment tbetenf. Nothing
contained in this paragraph 7 shall require Lender to incur any expense or rake any action hereunder_
8. Inspection. Lr may snake or cause to be made reasonable entries upon and inspections of the Property. provided
that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's
interest in the Property.
9. Condemnation. The proceeds of any award or rlaim for damages, direct or consequential, in cotyledon with any
condemnation or ocher ukiog of the Property, or part thereof. or for conveyance in lieu of co demmuun. are hereby
assigned and shall be paid to Lender. subject to the terms of any mortgage, deed of truss or other security agreement with a
lien which has priority over this Deed of Trust.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tae for payment or
modification of amortization of the sums secret[ by this ]ked of Trust granted by Lender to any smxecahr in interest of
Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in
'merestLender shall not be required to commerce proceedings against such s'uccr5or or refuse to extend time for payment
or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original
Burrower and Borrower's sutxrswrs in interest. Any fbrbearanceby Lender in exercising any right OF remedy hereunder, or
otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy.
-76ICO1..a.4i
P,p.=ed. •
0729747337
11-12.--41
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11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. Tbc covenants and agreements herein
coutained shall bind. and the rights hereunder shall inure to. the respective successors and assigns of lender and Borrower,
subject m site provisions of paragraph 16 beroof All covenants and agreements of Borrower shall be joint and several. Any
Borrower who tat -signs this Deed of Trust, but docs not execute the Note. (a) is co-signing this Deed of Trust only to gram
and convey that Borrower's interest in dee Property to Trustee under the terms of this Deed of Trust, (b) is not personally
liable on the Not or under this Deed of Tout. and (c) agrees that Lender and any other Borrower hereunder may agree w
extend. modify, forbear. or make any other accommodations with regard to the terms of this Deed of Trust or the Note.
without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to tett Borrower's
interest in the Property.
12. Notice. Except for any notice required under applicable law w be given in another manner. (a) any notice w
Borrower provided for in this Dad of Trust shall be given by delivering k or by mailing such notice by unified mein
addressed to Borrower at the Property Address or at such other address as Borrower may designate by nonce rn Lender as
provided herein. and (b) any notice w Lender shall be given by certified mail to Lenders address stated herein or to such
other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of
Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
13. Governing Law; Severability. The sate and Total laws applicable to this Deed of Taut shall be the laws of the
jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal kw to this
Deed of Trust. 1n the event that anyprovision or clause of this Deed of Traitor the Note conflicts with applicable law, such
conflict shalt not affect other provisions of this Deed of Trust or the Note which can be given effect without dtc conflicting
provision. and to this end the provisions of this Deed of Trust and the Note arc declared to be severable. As used herein.
"cus15," "expenses" and 'itmnneys' fees' include ail sums to the extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Nocc and of this Deed of Trust at the time
of execution or atter recordadoa hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home
rehabilitation, improvement, repair, or otter loan agreement which Borrower enters into with Lender. Leader. at feeder's
option, may require Borrower to execute and deliver to Lender, in a form acceptable to Leader. an assignment of any rights,
claims or defenses which Borrower may have against parties who supply labor. materials or sci*es in connecuon with
improvements made to the Property.
I6. Transfer of the Property or a Beneficial Interest In Borrower. 1f all or any part of the Property or any interest
in it is sold ur transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without Lenders prior wiiuen consent, Lender may, at its option, require immediate payment in full of all sums secured by
this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the
date of this Deed of Trust.
If Lender exercises this option. Lender shall give Borrower notice of acrxleration. The oaticr shalt provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by
this Deed of Trust. 1f Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Deed of Trust without further nod= or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenantand agree as follows:
17. acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any
covenant or agreement or Borrower in this Deed of Trust, including the covenants to pay when due any suras secured
by this Deed or Trust, Lender prior to acceleration shall give notice to Borrower as prodded in paragraph 12 hereof
specifying; (1) the breach; (2) the action required to core such breach; (3) a data, not less than 20 days from the date
the notice is malted to Borrower, by which such breazh must be cured; and (4) that failure to cure such breach on or
before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of
the Property. The notice shall further Inform Borrower of the right to reinstate alter acceleration and the right to
bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sal.
If the breach is not cured on or before the date specified in the notice, Leader. at Lender's option, nsay declare all of
the sums secured by this Deed of Trusm
Trust to be Immediately due and payable without rurlber demand and may invoke
the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all
reasonable costs and expenses incurred In pursuing the remedies provided In this paragraph 17, including, but not
limited to, reasonable attorneys' fees.
If Lender invokes the power of sale, Lender shall glee written notice to Trustee of the occurrence of an event of
default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of such notice to Borrower
as provided In paragraph 12 hereof. Trustee shall mord a copy of such notice in the county in trhicb the Property is
located. Trustee shall publish a notice or sale fur the time and is the manner provided by applicable naw and shall
mail copies of such notice or sale in the manner prescribed by applicable law to Borrower and to the other persons
prescribed by applicable law. After the lapse of such time as may be required by applicable LawTrustee, without
demand on Borrower, shall sell the Property at public auction to the highest bidder for h at the time and place and
under else terms dtugaated in the notice of sale in ane or snare parcels and in such order as Trustee may determine.
Trustee may postpone sale of all or any parcel or the Property by public announcement at the time and place of any
previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's tiflcate describing the Property and the time when the
purchaser will be entitled to Trustee's deed thereto. The recitals in Trustee's deed shall be prima facie evidence of the
truth of the statements made therein. Trustee shall apply the proceeds or the sak in the following order: (a) to all
reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and
costs or title evidence, (b) to all suras secured by this Deed of Trost; and (c) the excess, if any, to the person or persons
legally entitled thereto.
18. Borrower's Right to Reinstate. Notwithstaodiug Lender's acceleration of the sums secured by this Decd of Trust
due to Drummers breach. Ilomover shall have the right to have any proceedings begun by Lender m enforce this Deed of
Trust discontinued at any time prior to the earlier to occur of (1) the fifth day before sale of the Property pursuant to dee
power of sale contained w this Deed of Trust or (ii) entry of a judgment enforcing this Deed or Trust if: (a) Borrower pays
Lender all suets which would be then due under this Deed of Trust and the Note had no accelenitiou utnurred; (b) Borrower
cures all breaches of any other covenants or agreements of Borrower canalised in this Deed of Trust: tc) Borrower pays all
reasonable expcuscs incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower tantalised in
this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof. iueluding, but not
limited to. reasonable anormeys' fees and Trustee's c xpenses and withdrawal fee; and (d) Borrower takes such action as
Lender may reasonably regime to assure that the lien of this Deed of Trust, Lender's interest w the Property and Borrower's
obligation m pay the sumac secured by this Decd of Trust shall continue unimpaired. Upon such [apnea and cure by
Borrower. this Deed of Trust and the obligations soured hereby shall remain in frill forte and effect as if no acceleration
had occurred.
-781cpl hos., PA.] .e
0729747337
a 14
w. hr_*+
Farm
none
Ali r � NA INICP YM ;fir wriEt!f'L !!III
n.cepcc.nt: 722416
maw, Ii.r6Pn a 1670 0 0414 17rldr.d S1I$d rr
. al 6 Dec Fee 33: O0 Cat Fee 0 00 =FIELD CLrwrt C0
19. Assignment of Rents; Appointment of Receiver; Lender in Passendon. M addidonal security hereunder,
Borrower hereby assigns w Lender the rents of the Property, provided that Borrnwver shall, prior to acceleration under
paragraph 17 hereof or abandonment of the Property. have the right to colkct and retain such rents as
payable.
Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person. by agar: c: it;
judicially appointed receiver shall be entitled m enter upon, take possets'sun of x ni::azrf ti.v_ Petri" 7F) c -r
--_'- ;if ..`._ ^ r; :.'t; -rig those past due. All rents collected by Leader or the receiver shall be applied fust to payment
;.f tecars of management of the Pruperty and collection of rents, including, but not limited to. receiver's fees, premiums
aa . ei er's =440 is attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the
:._. !:: I i !W;:le >tt;y for r,::.ts actually received.
• !:.... • • , : _ ":. -_ -. r:rs T,..01 of Tress, I •d:
rr ei+ali request Tntaee to release this
, fTnut.
Trustee shall release this Deed of Trtus wither.- fm—the: W, li��ri.,;>? »- r .'.." , -iT car-- cf
any, and stall pay she statutory
21.Waivrro'Nrrrs-'!«.+ ltprrn:' r"ii',- ....:t!ril .:,clV... _'fie...':,_ ... t!. P:i tlr
,1) FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TAUS'
,. ,.,.r r ...r.. .-...--,..r..'--"•1-.,r.,,..
_ .._ - 'r;�?[ iii' `:i�.r sii'l7?ir�;�.+:..5i1 a lien Which has
• 1, x` ..trfTwm.or
any delauit under the supermr ere -tank . 17 . - ._ =,. _._.... ^ ` . .
IN WITNESS WHEREOF. Sorrowsr bas executed this Deed of Trust.
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(Seal) (Seal)
-Borrower -uum+wer
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-l!«rower
(Sad)
(Sean
liarroura
(Seal)
-Borrower
(Siltrt Original Only)
111,11.1MI 1�IPUvoi i !'l t pi I41
Roceptionit- 7124I0
12/05106 12 16P11 8:1970 P 0315 IHidr.d Alsdari
6 or 6 Roo Fes S31 00 Doe Feo;0-00 GARFIELD COUNTY CO
Loan No: 0729747337
LENDER IDENTIFICATION RIDER TO SECURITY INSTRUMENT
THIS LENDER IDEIt'TgTC.TIO*r Pfl) '! Tf? 5FrT>_rrr[• r --r.,' r- : —•_, _a
.:, :. _ -_—. '• .�. ,:- --- -- .: and supplement the Mortgage, Deed of Trust,
,- -t; of this same date herewith
.;;;care Borrower's Note of this same date given by
- Y _ - 1. - ,. ,l
�- .': ..-. v . � _ ...__`:. -y ca;:- A i1S'
410-. \+r,- ^ •'rr•r ►•- .�-,. - r•Y1 r1Cw7
'I• g l 1,1 .• 1 + "�+','•Te. •r+ ��K...rr� .o the covenants and agreements made in the Security
7.'7'x. •r r 'I Awe
,,,,_. �L. crm' ... �-��_.-� :. .IS;t
federal say.w - _
is
SUITE 100, ANAHEIM, CA 92806.
$Y SScl,."13'(` RFT o1::, T;-. ..... _, i .r ..e __ r.,..r tt, t "-r,- 7n.1r!,^crr?nw' rtmfr,ir. i, th!^
r-
c!.; _ .�f jX .a.J� _ /I�ry//CJo /1)L,1u fU-•1 -i /Ij -r I
=-:ii 7' `!�)1:r•' ;tt,; Dorothy 1.Meyer J �J Date
Lu IO5:t IOC`ITIFTCATION RIDER TO SECURITY INSTRUMENT -SECOND LIEN -LOS
..... .. -. ..
'recorder at ' -g___o dock _Al.—A8i17K 596 Nr S63
Reception No No._326550MILDRED AISDORF, RECORDER
WARRANTY DEED
GARRELD
AN Doe,P2
eee
s
GENE R. HILTON and MARY JO HILTON, husband and wife
("Grantors"), of the County or Arapahoe and State of Colorado, For
the consideration of Ten Dollars and other valuable consideration,
in hand paid, hereby sell and convey to the State of Colorado, For
the use and benefit of the DEPARTMENT OF NATURAL RESOURCES,
acting by and through the WILDLIFE COMMISSION and DIVISION OF
WILDLIFE, whose address is 8060 Broadway, Dernier, Colorado
80216, (hereinafter "Grantee"), certain real property situate in the
County of Garfield and State of Colorado, more particularly described
in Exhibit A attached hereto and incorporated by reference, (herein-
after referred to as the "Conveyed Land");
TOGETHER WITH non -tributary ground water associated with
the Conveyed Land, if any, (all of which is hereinafter referred to as
the "Conveyed Water Rights");
AND TOGETHER WITH all appurtenances to the Conveyed Land
and the Conveyed Water Rights and the rents, issues and profits thereof;
EXCEPTING AND RESERVING to Grantors, their heirs and
assigns, the rights to all of the oil, gas and other minerals in and under,
and that may be produced From, the lands described in Exhibit A, to-
gether with rights oP ingress and egress, for exploration, production and
removal of oil, gas and other hydrocarbons and minerals as are reason-
ably necessary to the successful exploitation of said mineral interests;
proiided that Grantors, for themselves, their heirs and assigns, cove-
nant to reclaim any disturbance to the surface of the Conveyed Land re-
sulting from exploitation of the Retained Minerals so required by Federal,
state and local taw and Further provided that Grantors covenant for them-
selves, their heirs and assigns that such exploitation of the Retained
Minerals shall be exercised so as not to unreasonably interfere with the
intended use of the surface of the Conveyed Land For wildlife habitat and
management;
AND FURTHER EXCEPTING AND RESERVING to Grantors any
and all water and water rights previousy reserved by Grantors as des-
cribed in Exhibit D of Warranty Deed recorded in Book 576 at Page 131,
Reception No. 316638 at 3:40 P.M. on July 6, 1881;
AND FURTHER EXCEPTING AND RESERVING to Grantors an
easement For use in connection with Grantors Reservedet a narrower
Werie
hts
for pipeline purposes, not to be wider than forty ( )
than thirty -Five (35) feet, From the headgate of than Murray Yule Ditch
across the property described in Exhibit "A" northerly to the headgate
of the Moore Ditch;
The Foregoing easement shall not be used for any purpose other
than access to the pipeline for construction, maintenance and adminis-
trative purposes. The exact location and dimensions oP the pipe
easement shall be subject to prior approval of the Grantee, its successors
and assigns, prior to use thereof For construction and operation
onlythe
pipeline. The easement shall be for a term of three (3) y
-:
t , K Sas p cE866
PROVIDED HOWEVER, that said easements shall become perpetual
upon placing of record a written document signed by Grantors (or their
heirs, successors and assigns), and Grantee (or its successors and
assigns) containing a legal description of said easements and describ-
ing the exact location and dimensions of said easement.
By acceptance of this deed, Grantee, Por itself, its successors
and assigns, covenants that it shall not irrigate with water from sources
tributary to the Garrteld-Baldy Creek -Colorado River system any of the
lands historically irrigated by Grantors in the exercise of the water
rights retained by Grantors without First obtaining a court decree ap-
proving same.
Grantors warrant title to said Conveyed Land subject to the
Permitted Exceptions attached hereto as Exhibit B and incorporated
herein by reference, and the described easements, reservations, liens
together with 1981 taxes. The Conveyed Water Rights ars sold and
conveyed without warranty.
EXECUTED THIS .Z,,.,,f day of 777 J , 1982.
z&41
Gene R. Hilton
Mary Jo Hi toni
(A
State of Colorado )
:5S
County of Arapahoe )
The F regoing instrument was acknowledged before me this
et day o�, 1982, by Gene R. Hilton and Mary Jo Hilton,
husband and w i e . -
WITNESS my hand and sea
SEAL
seoleicil
•
ry Public ! . _ .
O.
My Commission expires kG flt��2
�q y 1'r3 j3 lrI