Loading...
HomeMy WebLinkAbout1.0 Applicationo o DEED OF TRUST THIS INDENIURE. Made this ?th day of August in the year of our Locd one thousa.nd nine hundred and Seventy Eight between MARC ALAN ADT,TTR, JOAN sHARoN ADLER, JEROIVTE G. ADLER, FLORENCE ADLER whose address is ?2g Grand Ave, Glenwood springs County of Garfield iind State orColorado hereinafter referred to as party of the first part, (which term, as appiicable, shaU include the pluraJ as well as the sinsular, tlre feminine as wel] as the nrasculine, ard corporations,) and the Public Trustee of the County of Gaf field in the State of Colorado, party of the second part, WITNESSETH: THAT WHEREAS, the saidlvlsl's Alan Adler, Joan Sharon Adler, Jeromq-$. Adler has execured one promissory note , hereinafrer referred to as "not.e" whether .,"*;, ;;H'*rti"B8fuA'aier even date herewith for the princrpal sum of Thirteen Thousand and- ____! _____no/1OO Doltars, payable to tlre order of THE FIRST NATIONAL BANK OF CLENWOOD SPRINCS, a national banking corporarim, whose address is Glen*'ood Springs, Colorado and due Sept 1, 1983 wtth tnteresl thereon from the date thereof at the rare o[ 10] per cent per arnum, payable in sixt'y monthly payments of $279.50 each including interest at tO+|, beginning Oct 1, 19?B and on the 1st of each month thereafter until fully paid with the entire balance due in ful1 Sept 1, 1983 AND IYHEREAS, The said party- of the frrst part is desirous of securing the psyr)ent of the principal a1d tnterest of said promissory note in whose hands soever ihe said noie or any of them may be rnd is also desirous of securing the pavment of such additional sums whrch may hereafter be advarced by the holder of said note to the first party cr to rhe then owner of the property hereinafter described, provided. however, that t.he nrakilg of such advances shall b€ OPTIONAI wrt.h the holder of said note and thar the aggregare principal iunount so ad- vanced together with rhe unpaid rndebtedness evidenced by the above described nore shall never exceed the origr- n al indebt.edness secured hereunder. NOW, THEREFORE, the said parry o[ the first part, in consideration of these premises, and for the purpose aforesatd, does hereby grant, bargain, seII and convey unto the said party of the second part, in trust forever, the fol-lowine described propert!', srruate in rhe Counry of Garfield ir,nd Sl ate of Cblorado, ro-wir: The fol 1 o*i ng descri bedof Colorado: property jn the County of Garfjeld and State A parcel of land s'ituated'in the liti.:i,lE]; of Section 9 and the l{'y,tl'il,,kof Section .)0, Tor';nship 7 south, Range 89 I.lest of the Sixth principal l'lerjdian, lying llester'ly of the l.Jcsterly I jne of Counly Road l{umber '1.l7, said parcel of land is described as follorvs: Beginning at an iron p the cor-ner corirlon to S Range; thence S- 00028 said Sections 9 and l0 00028'0.] " E. 68.00 fee anrj'10; thence S. 8904 I{es terly ri ght-of-way H. 173.0? feet along t I 63.44 feet a1 ong theof 318.60 feet, the chfeet; thence S. 47o34' of-way line of said Co thence S. 00oZB'Ol " E -of said iiItliE}; of saidfeet along the SoutherH. 69.l.46 feet', thenceof Eeginning. ost rr'ith a brass cap pr ections 3, 4, 9 and l0'0.l" t. 692.09 feet aloto the Tr-Lre Point of tst alorrg lhe line betircc9' 32" 8. 386.02 feet t I 'i ne of s a i d County Roa he I^Jes terly I i ne of sai a curve to the r wh i ch bears : S. 84 - 20 feet al ong 11y rna rked for sajd Townsh'ip and the line betvreen nni ng; tl-rence S. aid Sections 9 point on the thence S. l 80l 0' 52" ounty Road; thence t havinq a radiuso52'39"-\.l. l6l.66 e Lresterly right- '05" l,J. 3g?.63 feet; the Southerly iine 6'05" l.l. 44?-75 ope of n9 e9i NS oa d; dC jgharc ord 26" of of l.J. JL th o46 on 9oq unty Road; thence ll. B9 266.66 feet to a point Section 9; tl-rence I'1. B 1y line of said ti[LIttt; thence t,l. 00036'30,,S. 89049 ' 32" E. 657 . EB feet to the True poi nt 'logc.tirer wjth a non-exclusiveoi in_cress and eqress to the abcve County Road, x'hich cdsrrircnt l_reing :.tA ?1, {r-al i^.,i.lth +t-, --,..-i.. c.aseraent or riciit-of-v,,,.;y for purpcses described property from the Four-l.iile trp feet in vlidth on portions thereof tt^ - .^- -r oo TO HAVE AND TO HOLD the same, together with all and singular the privilegeB and appurtenanceB, there- unto belonging: lN TRUST NEVERTHELESS, That in case of default in the payment of Baid note or any. of them, or any part thereof, or in the payment of the intereBt thereon, according to the tenor and effect of eaid note or any of them, or in the payment ol any prior encumbrance, principal or interest, if any, or of default in the paymeot of any ot.her sums of money advanced hereunder or in the payment of interest thereon, or in case default shaU be made in or in case of violation or breach of any of the teams, conditions, covenante or agreements herein con. tained, the beneficrary 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 filtng notice of such election and demand for sale with the said party of the second part, who shall upon re- ceipt of such notice of election and demand for sale cauae a copy of the same to be recorded in the recorder'e office of the county in which said real estate is situated, it shau 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 said Public Tlustee may think best), and all the right, title and interest of s&id party of the first part, his heirs, legatees, devisees, personal repre- sentatives aad assigns therein. (including here and wherever this phrase hereafter appears the plural as well as singular, arld the feminine as well as the masculine, as applicable. If grantor is a corporation, here and hereafter, the word "its successors" shall be deemed substituted for the wocds "his heirs, Iegatees, devisees aod personal represenlatives" in such phrase, and, where applica,ble, the word "itself" shaII be deemed substituted for the word "himself".) Sard sale to be a public auctioo at the froot door of the Court House in Co.rnty darfield &1d State of Grlorado, or on sajd premises, or aoy part thereof, as may be specified in the nottce of such 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 piace of such sale, by advertisement, weekly, in some news. paper of general circulation al thu time published in said County where the above rea.l property, or same portion thereof is located, a copy of which notice shall be nrailed wlthin ten days from the date of the first publication thereof lo the said paity of the first part at the address q addresses herein given and to such person or persons appearing to have acquired a subsequen! recqd rnterest in sajd real estate a[ the address given ln therecorded instrument.(where only the county and state is given as t.he address then such notice shaU be mailed to the county sear,) and to make and give to the purchaser or purchasers of such poperty at such sale a certificate or certifi- cates in writing describing such property purchased, and the sum or sums pa.id therefor, and the time when thepurchaser or purchasers(or other persoos entitled thereto) shaII be entitled ro a deed or deeds therefor, unless thesune shall be redeemed as is provided by )aw, and said Public Trustee shall, upon demand by the person or per. sons holding the said certifrcate or certificates of purchase, when said demand is made, or upon demand by theperson entitled ro a deed to urd for the property purchased, at the time such demand is made, the time for redemp-tion having expired, make and execute to such person or persons a deed or deeds to the said property purchased, which said deed or deeds shalt be in the ordinary form of a cooveyance, and shall be signed, acknowledged anddellvered by the said Pubiic Trustee, as grantor, and shall convey and quitclaim to such person or persons enti-tled to such deed, as Hrantee, the sirid property purchased as aforesaid, aod all the right, title, interest, benefitand equity of reden)ption of the party of the first par[, his heirs, legatees, devisees, peisonal representatives andasslgns tirerein and shajl recite the sum or sums for which the said property was sold and sha1l refer [o the power of sale herein contlrned, artd to the sale or sales made by virtue thereof; and in case of an assignment of suchcerrificare or certlficales of pttrchase, or in case of the redemption of such property b1,a subsequent encumbran-cer, such asslgnnlent or redentpt.ion slrall also be referred to in such deed or deeds; but t.he notice o[ sale need ootbe set out in strch deed or deeds; and the said Pubuc Trustee shall, out of the proceeds or avails ol such sale,after [irst paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder or the legili lrclder of sajd note lhe principal and interest due on said note accordrng to the tenor a-nd effect there-of, and ail nroneys ucivuced by such beneficiary or Iegal holder of said note as advinces and for insurance, taxesand assessntents willt interest llrereon at ten per cent per annun), rendering the overplus, if aay, unto the said pu-ty of the first part, ltis heirs, leguees, devisees, personal represerrtiltives or sssisns; which sale or sales andsaid deed or deeds so ntrtde slra.ll he a perpett)al bar, hoth rn law and ln equjty, against tlie said party of the firstpart, his heirs, lesittees. devrsees, personaJ representatives and assigns, ud aII other persons claiming the saidproperty' or iln)' pirt tlrereof, by', froni, through or under said partv of tlre first part, or any of them. The holder or holders of said nole nrx)'prrrclrase said propertl' or any part thereot; iurd it shall not be obligato(y upon the pur- chaser or prrrclrasers ilr :!ny such sale to see to the appltcation of the purchase money. If a release deed be re- qLrired, il is ugreed tliat tlre partl'of the frrst part, his heirs, iegatees, devisees, personal representatives or ltssigns, u'ill pirv llre t,xpense tllereof. Artd tlre srttd p:ulv of tlre ftrst piut,for hinrself und for hrs heirs, legatees, devisees, personal repiesentatives arrd assigns covenrrrts rtttd ltgretrs to lutd r'''ilh the sard party of tlre sec:ond pa.rt, that at the time of the ensealing of irrtd delivert of tllese plesents lre is well serzed of the siud Iands and tenen)ents in fee simple, and has good rtehl, fulL power attd lliwful autlrortty to grant, bargain, sell and corlvey the same in manner and form as aforesaid; lterebt, Iully urrd absolute15,waiving iind releasrng all rights and claims he, she, they, or it, (as applicable) may have rn or to s:id lands, lenenrents, urd property as a Homestead f,xemption. or other exemption, under and by vrrlue of rnv rlct of the Ceneral Assenrbly of the Stat.e of Coloradonow existing or which may hereafter be passed rn relution tllereto; and that the same are free and clear of all liens and encunrbr&rces, whatever, and the abovebilgattred propert)'in the quiet and peaceable possession of the said party of the second part. his successors andlssiqns, against all and every persoo or persons lawfully clairning or to claim t1e whole or any pa.rt thereof, the sai d party of the first ptut shall and wiU warrant and forever defend. Part;- of the rirst part stipulates aad agrees that he will not sell, or contract ro sell, the real estate describedherein without fiist obtalning the u'ritten ccnsent of the Beneficiary. Upon breach of the covenants expressed inth)s paraglaph' lhe tsenericiary shall have the right, without notice ro puty of the first part, to declare the entireunpaid balzrnce of principai and interest on the note or nores hereby se.ured due and payabie at once. o o And that during the conrinuance of s&ld indebtedness or any part thereof or during the continuation o[ any indebtedness due to any advance hereby secured or any part rhereof, the said party of the first part will in due season pay all taxes and assessments levied on said property and all taxes and assessmeots levied under the Iaws of the State of Colorado (except income taxes) on the obliguion hereby or herea.fter secured; all amounts dtte or to beconte due on accoun! of principal and inlerest on prior encumbrances, if any; will keep aU buildings iutd structures that may at any time be on said lands, insured against loss by fire in such contpuny or conrputies as t,he hoider of said note may, from ttnre to time direct, for such sums as such company or companies will insure for and to the extent of the insurable value [hereof, wirh loss, if any, payable lo the beneficiary hereunder, cs i!s interest may appear, and wiII deliver the policy or policies of insurance to the beneficiary hereunder, as further security tor the indebtedness aforesaid.And in case of rhe failure of said party of the firsI part t,o thus insure and deliver the policies of insurance, or to pay such laxes or assessnlenls or amounts due or to become due on any plor encunrbrance, if any, then the holder ol said nore or iury ol thenl, m&y procure such insurance for the full insurable value of ali buildings i]nd structures, or pay such lures or assessnrents or amounls due upon prior en- cumbrances, i[ any, and all moneys thus paid. with interest thereon &t ten per cent per annum, shaII beconre so much additional indebtedr)ess, secured by this deed of trus!, rrnd shall be pard out of the proceeds of the sale ol the property aforesaid, if nor otherwise paid by the said party of the first part, and such failure shall be a viola- tion or breach of this coveni.urt and agreeoreni. AND THAT lN CASE OF ANY DEFAULT. Whereby the right of loreclosure occurs hereunder, the said party of lhe second parr or the holder of said note or certificate of purchase, shall iu once become entitled !o t,he posses- sion, use and enjoynrent of the property aforesaid, and to the rents, issues imd profits thereof, from the accruing of such right and during rhe pendency of foreclosure pcoceedings and the period ol redemption, if any there be: and such possession shall at cnce be dehvered to the said party of the second par[ or the holder of said note or certificate of purchase on request, anci on refusaI, the delvery of such possession may be enforced by the sald parry of the second part or the holder of said no[e or certificate of purchase by any appropri&te civil suit or pro- ceeding and the said party of lhe second part, or the holder of any note secured hereby,or certificateof purchase, or any ttrereof, shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after any such default, including the time covered by foreclosure proceedings and the period of redemption. if any there be, aod shaII be enritled there[o as a matter of right without regud to the solvency or insolvency of the par'.r' of the first part or of the then owner of sard property and without regard to the value thereof, and such Receiver may be appointed by any court of competent jurisdiction upoo ex parte application, and without notice-notice being hereby expessly waived-and all rents, issues and profits, inconre and revenue therefrom shall be applied by such Receiver to rhe payment of the indebtedness hereby secured, according to law and the orders and direc[ions of 'the coun. AND, That in case of default in any of said payments of princrpal or interesc, according to the tenor and ef- fect of said promissory nore aforesaid, or any of them, or any part thereof, or in aty promissory note evidenclng a furure advance hereunder, or of a breach or violation of any of the covenan!s or agreements herein, by the party of the first part, his heirs. legatees, dernsees, personal represeotarives or assigns, then and in that case the whole of sald principal sum hereby secured, and the interest thereoo to lhe time of sale, may at once, at the option o[ the legal holder drereof, become due and payable, and the said property be sold in the manner and with the same effec! as if rhe said indebredness had matured, and that if foreclosure be made by the Public Trustee, an attor- ney's fee of rhe sum as specified in the note secured hereby for collecrion by an attfrney for services in the supervision of said foreclosure proceedings shall be aI-Iowed by the Public Ttustee as a part of rhe costs of fore- closure, and if foreclosure be made through the courts a reasonable attorney's lee in a sum not less than the sum specified in rhe note secured hereby for collection by an atto(ney, shall be taxed by the court as a part of the costs of such foreclosure proceedings. lN ViIiNESS IYHEREOF, [he said party of rhe firsr parr hiLS hereunto sel his hand and seal the dalr and ye:u firsl above written.'i ).t 7,/ ^, /,r' ,lr' Marc Alan Adler l/:-'. .-a1' (SEAL) 'i ( , ,... (SEAL) (SEAL) oan aron rome er r *+FNESS:- --J /' t/,.1-1' ./cr. r:t,t-t.1 t,r;fr*,,.r,_f ,, , .. ./' /./i'.-./ tz-( c/- t Florence Adler t.rrk,,. .r'1t ,, .y',/L, ;.-.r-.t//r b'/.l ,./7-*l't7g',' .'l STATE OF COLORADO. , r/7 1 ,' i.-,-,,.- tt'.'(,->t ,-"7,.' , 'Lft Opd?dott ryer Grailtl. CountY of ;i ' y'"t L/ - I The focegoing instrument was acknowiedged before me this , d nt > r stit4 \"RglL^^ gt i/,,. / /,. .t", -/. d .OJ.t N WnNESS my hr.rd and ofticial seal d c" , legl. EX}I I BIT I'BI' DEED RESTRICTIONS I. The following words shi1l have the followlng meanlngs as used hereln, to-w1E; (a) Property: The land eonveyed from Patrtck M. Fltzgerald and }tarllyn A. Fltzgerald to Marc Allan Ad1er, Joan Sharon Adler, Jerome G. Adler and Florence Adler located ln Section 9, Twp. 7 S., R. 89 W., 6th P.M., comprlsing approxlmately acres. (b) Lot or bullding site: The land that is the subject hereof. 2 The property is lntended to be devgloped for -single famij-y residentlal ,//t A " purposes onry. No more than one +&5t68f,ti5*fJiL*{niaJl#tS*"* ."u .t'. VUU €#lo{rr€ sha1l be erected , except prlvat.e gar- age. No bullding or atructure intended for or adapted to business, corrF Ralmercial or manufacturlng purposes, nor any multi-ple famlly dwe1ling, shal1 n-rrtr- 1be erected, placed, maintalned, or permltted upon such property. /'({. St^)4+Architectural Control and Slte Approval: The nature, style, construcElon (r and general layout of any residence to be constructed shal1 be subnitted to Patrlck M. Fitzgerald for hls approval. Also, the site and location of sald residence shall be subject to same approval. Said approval shall not be unreasonably withheld " No structures of any sort, on any lot, shal1 be constructed closer than rwenty five (25) feer to any slde lot l1ne or closer than flfty (SO1 feet from any front lot line. Also, no hedges or fence shall be constructed, grol,rrl or malntalned on any lot in the subdlvlsion hlgher than 4t feet, or trees higher than 25 feet ln helght, but this restrlction shall not apply to any natural growth wlthin the area or to patio fences in connection wlth dwellings. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or any other o:rtbulldings of any description sha11 be used on any lot. There shall not be pennitted or maintained upon any lot or any part thereof, any lrade, business o:: industry, except that owners may rent or lease for residential purposes, when not required for olrnerts use. 3 4 (, 6 l rne m]"nl-mum measurr:<i on size of any house erected shal1 not be less than 1200 square feet the outside walis not including porches, garaBes, or carports. !Each resldence shall contain at ieast one futly equipped bathroom and all sewage sha1l be disposed of'by means of an inciividual mechanical sewage treat- ment facility and leach fletd as shall be approved by the Colorado SEate ltrea1th Department and loca1 health agencles having jurtsdlction thereof. No tract sha1l be used in any manner or for any purpose that would tend to pollute nearby streams o): other sources of water. o o ' P.O. BOX 297 GLENWOOD SPRINGS coLoRADO 81602)' SAMUELSON PUMP CO. .WATERSYSTEMS SALES, SERVICE & INSTALLATI6N 945-6309 $ay B, 1986 R Well Test Diamond Mine Road Atten: Marc On }lay 6, 1986 a wellproperty on Diamond Mineinformation was obtained: IYarc Ad1er 525 l,fest 12 th St. Glenwood Springs, Co. 0,,,-' 8 L601 E test was conducted on a welL on the AdlerRoad in the four mile area. The following 125r_0'' 7', ( steel top) 5"(PVC bottom) 1{e11 Depth- Caslng size Casing size Pump setting---- --- 12Or-OnTotal test time------- 2 hrs.Standing water level.--- 30r-On!1ax. drawdown 6125 gpm 62 hrs-31r_1',Productlon is greater than-- 25 gpm. 189 rains per gaI. ppm1.5 7.0 0 ?his test was conducted with a l/2 hp. F&W submersj_ble pump themaximum pumping rate rvith thi.s pump over the well head is 25 gpm. Thewc3ter leve1 stablized after 30 min: of pumping at 25 gpm. The draw_down would indicate a production great"i tir.., 25 gpm. rf you have anyquestions please call me Raun samuelson at 945-6309. Sincerely, Ra SamueLson oo l"l,*r- r::: tcJ i. r,*r'" :i:l:15 t'1,, :l.1ii i:ri ili l-rc:e'i:. {.i .1. q+iri r+ri t:r.l !i i:i r- i. i-i r..1 r* , [] ci .1. n r- ,:r i::l r::i Jt.Jl'lt: Ilil i?tilCr l"1y 6iar'*r:tu n rii.r'' r.r:i. $ H ,, crt*I[l iiiyi:iitii} {: hr:lrqh'h ]. :i. ,, $ ii(::r-[*s i,::"{: 1 ancl j. t-r 'L}rei Fot..tr- l'li.lil idr-rii* cl'f iii*r-{i.ul.rl i}cii..rn{:.,.2 i.n 1.ti'7$,, Ori.q;i.niil.[y r,'.ru i.ntenclecl ha'.rci t:fiiiri{'-led,, itncl F,ir! '{:i.rir:l {::l-rat i.n r:t-riiirr" {.:c; rneei'L: ;,i.1..1. fi{: r,r-tr ri€,tr.'dg; the* 1 -..,...J ..i 1 I t.........,., .t,..... 1.....- -.--1 .i.r., .: .... ,l-....-.I c{l I tJ +",!.1. .1. .1. I I c:[ V ti{ (- t.J !.J (ri;,' 1:}F, .1. J. t.. J. I I t.. (sL.I , l',1';r 1:art-*t-tt:r* ,.lri:,r-uttii* ;,incl [::'.1.*r-tinrcil r:rcii.uir",r rii-F rir::'t: j.ri a pr:*i.tj.*t-t tt: ::r-t I rL_(*-,r k'1. v ^ruz,eAb l'lar- r:.: flr:j .i. l*r- {\\iN s, \. p {: (rr t3fr h t.Idrb Iq Or..\ bs \ o a o\ (A I t,lq h $ $ $ h\ .i t f, ElsTUFNT oo & \ NNoqA\ s $'i Ul N iq Ils h1 NUt\i N \' \ t\; 6r\:\i' ti \\ \ ,'il ..1 /'r'{ h N N (l \\'\ s\$s \0 J i\- "l-lq qr,li a,\t^ tl* nq.) .t" \r,li t\\ G9SiiON \t tr,s{ gl * N a \ \)s\ ]H r"l N (r) s os \ \ II t I'28'O/w 0 l .! J-r./. aJ "lli \i'i it i; 1 .i(!^s\l'. (r t^ .l'tht\ \r,ltAi ni:il Al 1 u (r) $ ris ni s\ (r., -t- D \$ i\' ua s$ /9 l:\ tJ - '.. ..i I II I SN \\ +t $ !e -c'{'- i l::. ^- ,i h'-.: JG / fib.i rq' S So s Q>o N \'N) ?