HomeMy WebLinkAbout2.0 DeedsNo. 1-S,
Doc. #21!
THIS DEED, Made this 1 2 t } t
in the year of our Lord one thousand nine hundred and
between
250
dwy of April
sixty-two
CARL LUNDIEN and IDA LUNDIEN
of the County of Carfie1Ci
and State of Colorado, of the first part, and
CHESTEP L. AXTi'ELM and EVELYN P. AXT11F Lf`
,//7i ) f?
of the County of ('arfie]d
and State of Colorado, d the second part:
WITNESSETH, That the said part i e g of the first part, for and in consideration of the Ruin of
TEN DOLLARS AND :''Ii!ER .VALUABLE CONSIDERATION -----•-
I
•i to the said part 1 E S of the first part is band paid by the said parties of the second part, the rcreipt whereof in
hereby eon/eased and acknowledged, ha v•' granted, bargained. sold and conveyed, and by these Presents do
great, bargain, sell, convey and Goldin], oats the said parties of the second part, tho&r heirs and assigns forever, not
lin tenancy to common but in joint tenancy. ail the following described lots or parcel of land, situate, Tying
W !and being in the County of ('a r f i'' 1 1 and State of
I/ Colorado, to -wit:
2 drhe SE 1/4 SW 1/4 of Sec. 34, T. 6 S., P. i9 W. of the Cth . M. ; Lots
, 3 and 4 and the S 1/2 NW 1/4, the SW 1/4 NE 1/4 and SW 1/4 of Sec.
except 9.044 acres of SE 1/4 SW 1/4 of said Sec. 3 described as
follows: Beginning at the quarter corner between Sections 3 and 10,
T. 7 S. , R. 89 W. of the 6th P.M. thence westerly along the southerly
line of said SE 1/4 SW 1/4 a distance of 717.17 feet; thence N. 0°50'
W. 137.79 feet; thence N. 19°33' E. 109.17 feet; thence N. 30°30' E.
186.15 feet; thence N. 51°38' E. 136.8 feet; thence N. 47°23' E. 149.
fer:t; thence N. 68°59' E. 169 feet; thence N. 59°24' E. 214.6 feet;
thence N. 21°02' E. 75.93 feet to the easterly boundary of said SE 1/
SW 1/4 and thence southerly along the easterly boundary of said SE 1/
SW 1/4 829.06 feet; to the point of beginning, all in T. 7 S., P. 89
W. of the 6th P.M. The SE 1/4 SE 1/4 of Sec. 7; the S 1/2 SW 1/4,
NW 1/4 SW 1/4 and SE 1/4 SE 1/4 of Sec. 8; the NE 1/4 NE 1/4 of Sec.
9; the NW 1/4 NW, 1/4 of Sec. 10; and the W 3/2 NW 1/4, NW 1/4 SW 1/4
and E 1/2 SW 1/4 of Sec. 16, all in T. 7 S., R. 89 W. of the 6th P.M.
Together with any and all ditches and water rights belonging to, used
upon or'in connection with any and all of said lards above described,
including, but without limitation, an undivided one-half interest in
and to the Atkinson Ditch No. 30 and a like interest in Priorities
No. 33 109, 147 and 406F; and the Flannery Ditch and its Priority
No. 136B; and the Hammerich Pipe Line and its Priority No. 521, all i
the decrees of the District Court of Garfield County, Colorado, in an'
for Water District No. 38, together with all riphts1 title and intere
in any springs and domestic water supply and pipe lines furnishing
water to any of said lands above described. Alm all of the grantor'
right, title and interest, if any, in the Hammelen Ditch, in said
Water District No. 38. Subject , however, to any 'Ad all existing
easements and rights of way and particularly but without limitation,
any reservation by previous owners of rights to use of domestic water
from springs supplying water to any of said above described lands.
Subject, also, to a Coal Mining License Agreement, dated Fe8ruary 1,
1941, under which the Colorado Fuel s; Iron Corporation granted unto
Dave Davies the right to mine and extract coal from the E 1/2 E 1/2
of Sec. 8, T. 7 S., R. 89 W. of the 6th P.M.
Together with all grazing rights appertaining to any and all of said
lands herein and hereby conveyed and particularly any grazing rights
on the Public Domain used in connection with said lands.
Reserving, however, three-fourths of all -minerals of every kind in,
upon or under any of said lands, not previously reserved by the Unite
States, said three-fourths of all minerals having been previously re-
served by former owners of said lands above described.
TOGETHER with all and singular the hereditamenta and appurtenances thereunto 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 said parti e S of the first part, either in
law or equity, of, in and to the above bargained premised, with the hereditaments and appurtenances.
Na. 7i& w*E&aNTT DEED—Ta Jdnt Tw■ts.—BradforctRolinsom Pts. Oo., Alley. Rol!asrn'n Lis' Blanks. t*334-411 Nowt at.. Deaver, Oolorodo
t
s
4 )Book 340
Page 418
•
TO HAVE ANI) TO 1101.!) the raid premises above bargained and •Iccrrib•ed, with the appurtenances, unto the
maid parties of the second part, their heirs and assigns forever. And the sort part i e.c3 of the first port., for
t he rn Bel yes, t he iheira, executors, and administrators, do covenant., giant, bargain and agree to
and with the said parties of the second part, their heirs and ensigns, that at the time of the erlRPalirlg and delivery
of these presents, dre well melted of the premises ahovte conveyed. as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and ha ye gond right, full power and lawful authority
to grant, bargain, sell and convey the same in manner end form aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature,
.oever, excert a Deed of 'Iru t tr, Lqui table Life Ancor-:nce Society of
the United Status;, with a present unpaid balance or r•:•13,7`r0,00 re-
corded as Document Ito. 17183.17 in 1>c'(. 262 at parr CO?, Garfield County
records, and a Deed of TruRt to Chairles P. !e1 Ir,c's rind 1.•-h V, -rte Ke l ] cpp
with a present unpaid balance of $43,/50.00, recorded as 11o('nment l'l('.
211614 in book 33O at ',ape 526, both of whir)I o lif'at.ions the 1,•rrties
of the second cart herein assume and aprel-, to Pray.
and the above bargained premises in the quiet and peaceable poaaenslon of the said parties of (he second part, their
heirs and assigns, against all and every parson or persons lawfully claiming or to claim the whole or any part thereof,
the said part i e sof the first part shall and will WARRANT ANL) FOREVER DEFEND.
IN WITNESS WHEREOF, the said part i Psof the first part have hereunto set thei/hand s and
seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
STATIC OF COLORADO,
„.v.•,.,►.,. v .. '. Ultuttr +rd ('arf ip ) r1
4E J•,,
hartrument was acknowledged before me this / ..2 day of A i` r I 1
Irl Lundien and Ida Lundien.
• � Y t>`ptre. Ma rc,h 1 1 , � ilf C,I,L . Vi"ttrless my hand and official Reel.
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1 PIS.
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�i _-Gl..��l�f_-L..E•s�• Z.. .
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wse III saaa•dt t>+•«• rr pinyon, Am to'kt ar.e• or a+mw : 11 by wrr>ltrr artr(
rr. ht nDr+r•+•tatlr♦ or ef(Sd1ttY DrrNr er ow atternwr•Iw_frrt.
ttw bemr1 MI* d person as r..rutor, ettK1, I••In-fal.ir•
rt or err ,serlrr or i*M
rtarlptlow: If b 'Meer of snrpo'eR rwer
*ma ht woo et r
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JF VI lIII'sl1 r 1x Ili!r t}rt
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\ . Notary Publir.
Filed Epr re
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ord April 18, 1962 at 4:315
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Itec.ptiotl No.:
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No. 2-S Il1IS INDENTURE, Ma'l. this 1; 111 .fey of 1' pi i 1
in the year of our Lord one thnurand nine hnndrrd and S1 xt v- t tNt•
between
Doc. #217251
CHESTER E. AX1HE1,11 And EVEI.YN R. AX'L'1111,M.
whose address is "lenwood `'prJ r1E'' ,
Comity of Car f to 1 d and State of ( o l oracle
part ie S of the first part, and the Public Trustee of the
County of Garfield
of Coloreds), party of the second part, Witaeraefh:
THAT R 4, the raid
t
r 1 .
in the Stele
. t .;e 1.
411
kcc^rtier.
RRt;ORiPER'S 141 AMP
Doc. No. 217251 Filed fo
record April 18, 1962 at
4:37 o'clock P.M., and
recorded in Book 340 at
Page 439 thereof.
C11I:S'1'T;P E. AXTHLLM and LVI.L'ill P. P.;t:l:!I.l.r'
ha ve executed their promissory note hearing even date herewith for the
principal sum of
THIRTEEN T11C'11!1!ANT' r1'.'E 1111:41'P1'D AIJL' N0/100 - - - -
payaiih to the order of (APL Lllill'11.N and IDA 1J LMLOIN
- - uatiar.
wh•,.ewideessis ! ',fIWgod Springs, (o1r?redrlt) rr
zlttlt'XlmsNfue*tltetedt with interest thereon from the date thereof at th. TA(' oft�-1►`I -hal cent per
five f. c.►t
annum,paysble annually. Said note provides that the principal shall he
payable in the sum of $fi , `,00.00 on or before six (1) yeair's. from date
thereof and the further sum of ,'i,`.btG.00 on or before severs (7) year's
from; date thereof and the further sum of S4,500.00 on or before eight
(8) years from date thereof.
Alit) Pt I1UIRAd. The sold partji.:; of the first pact d•'rirous of securing the pay•.,•nt t.l.r
principal and Intermit of said promissory note in whoop hAnds ,o.ver the said note or any of there may he
NOW THEREFORE. The•said part 1e3 of the first part, in consideration of the premiss', end for the purpose
aforesaid, do hereby grant, bargain, sell and convey unto the said party of the seem' port, in trent forever,
the following described property, situate in the County of Ca rf i e. 1 d and State of
Colorado, to -wit:
The SE 1/4 SW 1/4 of Sec. 3'i, T. 6 r;., P. 89 W. oaf the 6th 1'.M. ; Gots
2, 3 and 14 and the S 1/2 NW 1/4, the SW 1/11 NF; 1/4 and SW 1/11 of Sec.
3 except 9.044 acres of SF 1/'i SW 1/4 of said Sec. 3 described as
follows: Beginning at the quarter c'rner between Sections ons :3 and 10,
T. 7 S. , R. 89 W. of the 6th P.M. thence westerly alone the southerly
line of said SE 104 SW 1/4 .1 distance of 717.17 feet, thence N. 0°b0'
W. 137.79 feet, thence N. 19033' C. 109.17 feet; thence N. 30°3U'
188.15 feet, thence N. 51°38' E. 136.8 feet; thence 1J. 4'7°23' L.
149.7 feet ; thence 1J. 68°59' E. 169 feet; thence N. 59°211' T. 21 Ii. f i t
thence N. 21°02' E. 75.93 feet to the easterly boundary of said SC. 1/
SW 1/4 and thence southerly along the easterly boundary of Saitl SU 1/
SW 1/4 829.66 feet tothe point of beginning, al.1 in T. 7 `.>., P. 89 W
of the 6th P.M. The SL 1/4 SE 1/4 of Sec. 7; the S 1/2 ,;W 1/4, NW L/1
SW 1/14 and ;;:: 1/14 Sr. 1/14 of Sec. 8; the NI. 1/4 NE 1/4 r'f Sec. 9; the
NW 1/4 Nov 1/14 of Sec. 10; and the W 1/2 NW 1/14,. NW 1/4 SW 1/4 and
E 1/2 3W 1/14 of Sec. _G, all in T. 7 i., P. 89 W. of the 6th P.M.
Together with any and all ditches and water rights belonging to, used
upon or in connection with ally and all of said lands above described,
including, but without limitation, an undivided one -hal f interest in
and to the Atkinson Ditch Nc,. 30 and a like interest in Priorities
No. 33, 109, 147 and 406F'; and the Flannery Ditch and its priority No
136B; and the Hammerich Pipe [..ine and its Priority No. 571, all in th
decrees of the District Court of Carfield County, Colorado, in and f r
Water District No. 38, together with all r'iphts, title and interest it
any springs and domestic water supply and pipe lines furnishing water
to any of said lands above described.
Also, all of the grantors' right, title and interest, if any, in the
Hammerich Ditch, in said Water District No. 38.
Subject, however, to any and all existing easements and rights of way
and particularly but without limitation, any reservation by previous
owners of rights to use of domestic water from sprints supplying wate
N.. $0A. DIMS or t? t —Ps & i nabs.- i.r.rc.n Crane..—AMums" Y loss.
— Bradford Robla•ou eta. Co., Nies. Raifssw•e Lard Masks. 1111444 Moat At.. DWI v ', CM.ns#s.
•1117 /
; l:)r.)v\ .
•
,e /140
•
to any (.)f s;.- ir1 :wove (Ies(.t'i 1•f•ri
:-ubjrct, r11QO, 1 a Coal Min i:ipI.it'"nr.f' t '1 e` !r(f,lll '..iI d
which t he C' 1' r-ad(f 11r' I 1. J r'ttlr I '.1't't •tat 1.)n ;Iran 1 wr1 un 1 o
thp r'if'h1. t(1 mine atl(1 eXI Pa('t t•',.+I 1 t''in Iht' 1' 112 {. 3/'i
. 7 S., R. 89 W. of (h'' 8th
h all pr.i7113p riph1t•t;,)1.;r1i• t.. .')Ir'.' 11111 ,ll
ti11(i h"T'Pi,V ('(')11Vf`VP(i anti part 1, 111 a1 i yr;17.l.11f) ri $'1)1 F:
(' 11(`ptri i ft uS'+rl in ('untie(.' 1 11111 101 1 h ti. -1 1 .1
oWs'V"I', t}IrPF'- f'•IIT'L114 (`f .R 1 rnlllr'1•'1 IP r`f f'V••rL'y k 111 1 111,
r Aily of Cal d ]%111.1!:, ti')t pre'ri•,lI•; '/ 3 P.,,•1"Jn11 1,Vr 11'10 1'1111 r
t hrnr:•_ 1() 1.1 rt 1l!i '•( .r1 i in itle'r;• lf: hav inp 1.eetl r.reVi,r)t151`'
former owners of said lands above described.
(1t.
llt(1!• .
rot r'io r'1r 1 ,
1941, under
11aVt'. Davies
(,f ',SAC. 8, T
'l'opether wit
land herein
on the Pullli
Peservi.np, 11
upon or unde
Stales, said
reserved by
Ti) HAVE AND '1(3 1101,1) tho pante. toroth*, with all end airgulor the erivrleger; and pppertenetwo*, thereunto
belonging: is Tenet Nererthels',r, 7 hat in reef, of default in the payrw.nt of Raid nolo o, arty of them. or sop
part thereof, or in nip p•ytnent of the intermit thereon. aceorlioe to the tenor and effort of weld note nr any of
them, or in the payment. of any prior encombrenee, pt Moppet or intereet, if •ny, cr In cam" dafault ehell hP meek, in
or in (see of violation or lei -well of any of the tering, ennditinna, rovonants or agreements heroin contained, the )'..t
fieiary hereunder or the hexa! holder of the inrinhln.lnoss !peened hereby may deflate a violation of env of the rove
nattta herein nootained and elect to *dye, tier ecoid p'operty for nolo and detuan.l ere+ pain, then, upon filing notice of
such election anfl drnlanrl for .ale with the pail party of the grron.I pail., who obeli upon receipt of Inch notice of
election and demand for •rale mono a ropy of the game to he recorded in the r.emder'e o(fire of the rm,nty in rhirh
said real estate is situated, it shall an'I may he lawful for *aid patty of the" served part to soli and diapoee of the Mme
(en ince*e or in aepersto pwrrr•M, a. Raid l'uhlir I'r',stee may Hook heat 1, lend ell the right, til to and $,,sorest of asid
plat 1PSof the first part. tliej t• heir, or eeeigns therein, at pghlic auction at the
front door of the (;Hurt Rouges incomity of ('ar' f ie 1 (i anal State of 1'oLnwdn,
mon said prnmieps. or any part thereof, as may hr .peeifie.l in tho not of fnrh MOP. for the highest s.nd bolt prig.
the same will briny. in cash, Ivor %Peks' public notion herring heron ptevi•t1'.ly piton of the time and plow. of Ri••h pato,
by advertiaenlent, weekly. in some newspaper of gnnerwl circulation al that time puIlistntl in swift
Courtly of f ,l I l i I r l a copy of whirh notice shall he ,n•il.'•1
within ten der' from the date of the fir*t publication thereof In .ei•I partj ' S of the first pall at the a.t•lroa•
heroin given and to Rnch porton nr porsnng appearing to bare acgnitod a sohseepr nt reeved intet•at itt .,hi revel
testate at the soldiers Riven in the reoried inutruntent, whore only tho county sod elate, is Riven as the addrsas
then pueh notice shall }.e mailed to the roul'l.y prat, and to ntake and gi`o t.o the aerobe+Pr er pureloaap1a of slosh
property at such paIP a •'nrl.ifinatt nr eeriifi•'atoe in witting dosc,ibing !Web propeltt ptnchnPerl, and the mum or sumo
paid thotYforc, and t .' tirne when the putctuper of putchan(rs (or other peril/11 entitled thereto) shall he .,3 ltleri to a
dead or d..ds therrfot. unless the panic .hall ho ,e.in.•tnrd as i■ provided h3' Is w; and said Politic Trost*" •t,..II. np•m
demand by the person nr poranna holding the eon! cot Wirer,. or ••ertifientes of pnrrha•e, lel'en paid deatar►d i. made,
or upon demand by the per;on entitled to a deed to and for the property pntchreed, at the time 'melt demand is made,
the time for redemption having expirn'l, mska lend c5Muto to such pvrpon or persons a fined or •l.'P'b to the amid
property pnr'cha.P.t, whirh asid deed or depot', obeli be in the ordinary from of a conveyanrr, and ahsll he signed,
acknowlo dgod and delivered by tiro Paid t'nt'Iir 11 'Wee, ma grantor, and shall convey arra quitclaim to such person
or persons entitled to t,r•h deed, .is grantee, the said property purchased as sforcnaid, and all the right, title,
interests, benefit and equity of redemption of the part. 1 r.S of the filet pert, L1►fr i r' holt, and ',Relent
therein and .hall recite the 11110 or porne for whirls the Raid 3,Inp0rty w.s gold and .hall refer to the power of sale
herein contained, and to the sale or gales made by virtu. thereof, and in ewer of en assignment of pitch certificate nr
certificates of purrlhnnr, or 30 cave of rl..• 'ed.rnr.fion of well ptol.nrty by w anl,eegoPnt nnrun,hranrer, .u'h ••also
ntent or redemption .ball *deo be retel l...l to in 'welt deed of 'foredo, hot the eerie. of tato nerd not he set unt in nock
de.'d or deeds; and the pair! Pnblir Trustee ahm11, unt of the pr eerols ',t wy.rle of st'cir polo, after filet paying and
retaining all fees, chargee roti reit* of making said sato, pay to tiro trenefiriery hereunder or the legal holder of paid
note the principal and interest due on paid note according lo the tenor and offeet thorol. •not all moneys
advanced by 'rich beneficiary or Ieeol holder of mold note f •, ieeitrmnce, t.sxers and a.so'sntw,La, with interent
thereon at t 1 I ,n► rent per gnome. rnnde, ing the ovorplas. if any. ,unto tiro Raid part j E. c;of the fent pot tt tt 1 r'
legal repreeentetivos or a.signa; whirh sale or gates and said (toed or deeds no made shall he a poi pataal bar, both
ill law and equity, against the **id part 1 or 'tnf tho filet pert, elle 1 r' heirs of ap•igee. end all ether perann■
claiming the said ptoperty, or any pert thereof. by, from. thrnueh or under said part jars rt the first p -rt, nr awry
of them. The holder or holder* of said note or notes tray purcheee slid properly cr any part thereof; and it shrill
not bee obligatory upon the put'choper or perehasets at any sorb wait to see to the appiication ori tbn per''hnr' sonny.
1f a release deet he rnquirtet, it is agreed that tits pard os of tho find pst•tthe i r• hair% to e.s'gne, will pay the
expanao thereof.
And the ',aid pert , r: of lhn first, part, for 1nos "rise 1 VeFtmind for their *a8<s, esa.utor*,
and arlminietrator*, eovenani end agree to awl with the said party of the sarond pool, th.t at the tinny of
the ensepling of and .delivery of then. ptener.ts .1 t'n writ eeiwa,i of the Milt tootle end tene.newt* in
feo simple, and brave 'good right, full power ami lawful authority to grant, hartsin, sell and coneey the eerie in
rnannwr and form as •forenaid; beroby fully •nd ahaolutely waiving and relen.ing ell rights and plaints they may
have in or to maid lands, tenement., and property as a llontesteed F xpmptioe, or other esempt , ,tws!ipr orifi by virtnt
of any act of fir. General A.pomhly of the State of Colorado now evisttnt or which only hereafta► be peterowl in
relation ther.'t t; and Hist the yam. are free and doer of all lions spat en.,unhranees whatever, P' X('Pp t d f 1 r''; t
Deed of 'frust 1c 1.••It)i fr'I,lf' Life Assurance :•;ot•i.ety of the United State
recorded as Doc'tIIne111. No. 11837/ iii book :1) at WIPP 1.03, 1;z1►'f ield
County records and a Deed of '1 rim I to ( P. kr` 1 ioppand 1.a VP VIP
Kel. 1 o>'p, re'c')rr1P(? as Document No. 211614 in book 3.i1) Al PAP" r)7E' •
•
and the abere bergaine.I property in the riniet and peareable pnrseeemn .,f the ygid party .,f t't1. •etnn.i I. 11i,
'U4 0001N and assigns, *limine. all and reety german or persons lay.fullt ,•la in0. or to claim he whale 0. Rey WI
thereof, the said part lt'S of the first part. shall and will wet rant and forever ti. tend.
And that during the continuance of said indebtedness er any part tl:ereof the <nid pert. i a• of the final pelt a 11
in due Renown pay all taxes and sasesamentR levied on said property end all terse,. and agaoaamente levied nnder the
lawn of the State of t'.olored° (except income taxes) nn the ahligrl►ion hereht serried: all RI .onnte rile or 1,1 hr enol•
due on account of principal and intetesI on price endnmhranees, if any: and, will keep all buildir.gt: that mai al ar1C
time be on said (ends', inrured agninst loss by fire in such coutpanv or rani+anv•a n•• the holder 4.1- snid notemny,
front time to time direct, fot such some as such enie pnny nr emepantea 1111 insure for. nor to evrred I is• 0110111d
of said indebtedness, except at the option of said peril'' of the fii et pnr1• with lose• if env, peyel.le to the benefiriary
hereunder, as tflP i 1' interest !tiny sppper, and will ;lobe. r the poliev of pohe.ev ..d Ilrsttronr• 1+• thr ben'fieiary
hereunder, ae further security for the indebt.drieee a(nr,•,.ai•! And in ran. of the Igriur. t•t ,nut par• • •f tl+•
first part to thus insure and deliver the policies of 111401oru ', nr to pay Ruch taxes nr' aseesem ole m amounts; due
or to become dile on any prier eneunibt twee, if any, then the holder of said int. or any if th.'n. •nn•: proenre
aitch insurance, or pay such taxer or sssessntents 01 amounts Clue upon prier encnnlhran•es, if any. rind all molteya
thus paid, with interest Diet 'on, at t or: per cent per annum, i•hsll became so 100011 additional indebtedness.
secured by this deed of trust, and shall tie paid out of the proceeds of the sale of the propeit.y aforraaid, .1 not
otherwise paid by the said par ti r.c; of the first nett. and smelt failure shall he a violetinn 4.r breach n( this env.nant
and agreement.
ANE) TIIAT IN CASE OF ANI DEFAULT, Whereby the tight of (encloser n..itie hereunder, r.he %ee,l mutt
of the second pact or the holder ;f paid dote or certificate of pitrehase, shall et once heroin. entitled to the
poseeseiOn, use and enjoyni••nt of the property aforesaid, and to the wore, ieeiret: rind profile thereof, (rent the fleetu
ing of such right and during the pendency of foreclosure prnceedinRa and the period of reelenlptinn, if any there be:
and such possession ohall at once be delivered to the said party of the eeeond part or the holder of alibi note er
certificate of purchase on tee ue t, and 00 Ie(asal, lite delivery of such poesesm' they hr eeforred by the said party
of the second part or the holder of said note or certificate of purchase by any np1l..printe civil suit or proceed-
ing, and the said party of the second part. or the holder of said nide of eertifirale of purchase, nr any thereof,
shall be entitled to a Receiver for said property, and of the rents, issues end profits thereof, after any such default,
including the time covered by foreclosure proceedings and the period of redemption. if any there be, and 011011 he
entitled thereto as a natter of right without regard to the solvency nr insolvency of the party r'; of the first part
or of the then owner of said property and without regard to the %ern• thereof, end such Receiver may be appointed
hy any court of competent jurisdiction nperr ex parte application. end without noire entire being hereby expressly
waived-- and all rents, issues and profits, income vid revenue therefrom shall Ix' applied by midi Receiver to the
payment of the indehtedneao hereby secured, Recording to law and the orders end directions of the court
AND. That in cane of default in any of said payment. of principnl or intro eel. er^ording to the tener end cf., ••t
of said promissory note eforeseid, or any of them, or any part thereof, or of a breach or violation of any of thr
covenants or agreements 'herein, by the part l n .of the first part, t 1 1' execut.ra, administrators OT assigns,
then and in that case the whole of said principal ruin hereby secured, and the intermit thereon to the time of gale.
may at once, at the option of the legal holder thereof, become due and payeble, and the said property he sold in
the manner and with the same effect as if the said indebtedneoq had natured, and that if foreclosure he mad,' by the
Public Trustee, allXigOf7GAgilXeex0Noncom rd cl T't'%1.:t,i1dl• 1 e ri't t.t'rt.lt'v n f ('p *Mot fer servit•ee
in the supervision of said foreclosure proceedings shell be allowed hy the l'•Ihfie Trustee as s part of the costs of
foreclosure, and if foreeloafire be made through the roiirts a reasonable attorney's fee shall he taxed by the court
as a part of the costa of such foreclosure proeecdings.
IN WITNESS WM.:R1 )F. the said park of the first part haw?herennto set t lice i r'� handy:
and seal S the day and year first above written. /L-•—
�f L/
K Pi C .- .L. (../ .1.
( - t- .
7[SEALJ
'\ 1.1
(..‘4*--- 1'4—dU\ C.- It-
WITNE';S:
STATE OF ('or,oRA10).
} as.
t'ounty of Ca r f i e 1 t.1
The for. tat itwtrument was acknowledged before me this . 6 day of
9 6. b►e •Tester L:. Axthe .1m and Eve Lyn P. Nictktf' Int.
, ..•st,wwll,Oa,•a ypir. n
'f'
tlarch w
cis
1 SF.AI.J
Ap i1
my hand and 1 iclsl seals
-4 �~ ce.
�7.OSA f ;,hlr
•444. _
wwnJ p4reno o, ,,. renne bow. 0^••••1 nein. er n11roN; if by persona actinit is rrpr.Iontwriis Ur of l;^M: •tl.ueer•ie"
r..• Was `..• ..•r - .• 1.. • •01•.• ...•..l., .•r .1....t,.µ..... If h ollitw ,•r r^..r•, ..4.v, lI.n In..,t•mum,
STATE OF COLORADO,ss. uPPinSleental of
COUNTY OF GARFIELD. Nos. 454, 2574 and 2574-B.
The undersigned hereby certifies that the foregoing .... two entry-ies
number --1-S-- to --2-S-- , inclusive, constitute -s a true and correct supplemental
Abstract of Title showing all instruments which appear of record in the office of the County
Recorder of GARFIELD County, Colorado, from April 2, 1962 at 8:00 o'clock A. M. ,
to the day and date hereof affecting the title to
Abs. ff454- The SE+SW4 of Section 34, Tp. 6 S. , R. 89 W. , of the 6th P. M. ,
the SW*NE4, S''-yNWt; and Lots 2, 3 and 4; the N1-SW4; SW4SW4 and
the SE4SW4 of Section 3, except that portion heretofore conveyed out
by Doc. No. 19521, in Tp. 7 S. , R. 89 W. , of the 6th P. M. Also
the NW*NW4 of Sec. 10, and the NE+NE4 of Sec. 9, all in Tp. 7,
S. , R. 89 W. , of the 6th P. M. Together with the Atkinson Ditch and
the Hammerich Ditch and water right pertaining to said land.
Abs. #2574- The SISW4; NW4SW4 of Section 8, and the
SE4SE4 of Section 7, all in Tp. 7 S. , R. 89 W. , of the 6th P. M.
Together with the Daniel Flannery Ditch and the water right connected
therewith and pertaining to said land.
Abs. #2574 -B -The SE4SE4 of Section 8;
the W1NW+; NW4SW4 and the E?SW4 of Section 16,
all in Tp. 7 S. , R. 89 W. , of the 6th P. M.
In GARFIELD COUNTY, COLORADO.
EXCEPTING THE FOLLOWING, TO -WIT:
(1) Instruments pertaining to mining claims, roads, highways, railroads and other public
utilities wherein the descriptions are insufficient to identify the land abstracted.
(2) Chattel Liens affecting crops, equipment, attachments and fixtures located upon, used
in connection with, or appertaining to said lands.
Seals were affixed to officers' Jurats and date of expiration of Notary's Commission unless
otherwise noted.
That due to conditions prevailing in GARFIELD County, Colorado, the following excep-
tions are made:
That the undersigned is a duly qualified and bonded Abstracter operating under a license
granted by the State of Colorado, and is a member in good standing of The Colorado Tide
Association and of The American Title Association.
Dated at GLENWOOD SPRINGS, Colorado, this thirtieth day of
April, A. D. 19 62 . at 8:00 o'clock A. M.
THE GARFIELD COUNTY ABSTRACT COMPANY
See,.tasy.T.seaserer
President
• •
Kecor•dod Nov.,
1962 at 2:19 N.M. Book 345
Reception No. 21951+8 Cha;:. 5. Y.engn, Recorder Nag" 469
No. 3-S STA TU.1 .Y-_ i'fl'(J?
Doc.#219548
KNOW ALL MEN BY THESE PRESENTS, that I, JOSF.N1 V. BERSHENYI, SR.
otherwise known as JOC BERSHENYI, SR., JO6EF V. BERSHENYI, SR, JOE
BERSHENY1, and JOSEPH V. BERSHENY1, of the County of Garfield and State
of Colorado, for the consideration of Ten Dollars and other valuable
considerations in hand paid, hereby sell and convey o ANNA V. McLRAN,
of Denver, Colorado, RuDOLPH A. BERSHENYI, ROBERT W. BERSHENYI, and
JOHN W. BERSHENY1, all of the County of Garfield and State of Colorado,
the following real property situate in the County of Garfield and State
of Colorado, to -wit:
All right, title and interest of the grantor from wherever obtained
including the interest: derived as an heir at law of Theresa
Bershenyi, deceased, and the interest derived as an heir at law
of Joseph V. Bershenyi, Jr., deceased, and as patentee, or grantee
in the following land:
WSSE4, the F NW1, the NFASW1/4, Section 21; the SE1NR14, the NEiSE1/4,
the NINE1/4, Section 28; the WhNW1/4, the SESNW4, the NRIAWN{, Section
8; the EhSW1/4, the NWiSW1/4, Section 5; the Wh of the E4 of Section 8;
the SAISW% 6f Section 5; the SPASW1/4, Section 16; the Eh of the F.
of Section 17; the NW40W4 of Section 21; thQ W4NW1 of Section 29;
all in Township ' South, Range 89 West of the 6th P.M.
Also, all that portion of the SE&SWC of Section 3, Tp. 7 S.,
R. 89 W. of the 6th P.M. described as beginning at the one-
quartei corner between Sections 3 and 10, Township and Range
aforesaid: thence West on a line between said one-quarter corner
and the Northwest corner of said Section 10, 717.17 feet; thence
N. 0°50' W. 137.79 feet; thence N. 19°33' E. 109.17 feet; thence
N. 30°30' E. 118.15 feet; thence N. 51°38' E. 136.8 feet; thence
N. 47°23' E. 149.7 feet; thence N. 68°59' E. 169 feet; thence
N. 59°24' E. 214.6 feet; thence N. 21°02' E. 75.93 feet; thence
S. 829.66 feet to the place of beginning, containing 9.044 acres.
Also, the SWL4SE1/4 of Section 3; the ES of Section 10; the ESNWIA of
Section 10: the SW14SWill of Section 11, and the ESNE4 and the NEkSEil
of Section 8, all in Tp. 7 S., R. 89 W. of the 6th P.M. Also,
together with any and all ditch and water rights belonging to or
used upor or in r.onnect- ion with the lands above, described for
irrigati,)r, and oomesti, purposes, par1iculaz iy, including, but
without limitation of $ h' preceding description, the following:
An undivided orae -half xntez est in and Po the Atkinson. Ditch, its
enlargements and extension, the name twiny Ditch No. 30 in the
decrees of the District Court of Garfield County, Colorado, within
and for Water District No. 38, and a like undivided interest in and
to water priorities Nos. 33, 109, 147, and 406F, connected with
said ditch; said priorities being from Four Mile Creek, and calling
for a total of 13.2 cubic feet of water per second of time. Also,
all the right, title and interest of grantor in and to spring and
• •
Book 345
Page 470
ed
domestic water obtair/therefrom through a pipeline extending
from said spring bo the residence; said springy being situate
on the t1E4N of Section 9, Tp. 7 S., R. 69 W., 6th F.M.; except
mall easements and rights-of-way of pu )li.c ani private nature
heretofore conveyed. Also, together with all improvements situate
upon the lands above described. Also, together with all grazing
rights and privileges owne,I and held in connection with the lands
above described under the Taylor Graziny Act or. public Oilman,.
Lot 7, and the NE 1/4SWS, Section 10: and the NSNE1, Section I rV ,
Tp. 7 S., R. 89 W., 6th P.M., containing 157.67 acres, subject
to reservations contained ill the U. S. Patent fox. said lauds.
Also, together with all improvements thereon and all ditch, water
and grazing rights in connection therewith.
PROVIDED, HOWEVER, that gi antor excepts and reserves unto himself
for and during the remainder of his lifetime, the right to the
possession, use, occupation, Lents, issues and profits of and from
the above described real property to the extent of his ownership
therein, but subject to said life estate does hereby sell and convey
the same with all its appurtenances and warrants the title to the
same, to the.extent of grantor's ownership therein.
SIGNED AND DELIVERED this ',', a i1 day of November, 1962.
STATE OF COLORADO )
ss.
COUNTY or GARFIELD )
'
JOSEPH V. BERSHENYI, SR.,also known as
JOE BERSHENYI, SR., JOSEF V. BERSHENYI, SR.,
JOE BERSHENYI, and JOSEPH V. BERSHENYI
The foregoing instrument was acknowledged before me this
day of November, 1962, by Joseph V. Bershenyi, Sr.,
otherwise known as JO'. bershenyi, Sr., Josef V. Bershenyi, Sr.,
foe Bershenyi, and .T )seph V. Bershenyi.
t i a ,? a WITNESS my hand and official seal.
,
my commission expires:
Ny Go,nn►��,iun c , ,�s Ju.io
NOTARY P
Filed for record November 27, 1962 at 2:19 o'clock P . and recorded
in Book 345 aL page 469 thereof.
(NOTE)- This instrument isf shorin because of a spring and pipe line in the
NE4NE* of Sec.9 Tp.7 S.,R.89 W.6th.P.M.
/ORM '7
• •
Filed for record Dec. 4, 1.96% at ?:38 A. M.
Reception #219638 Chas S. Keegan, Recorder
STATE Or COLORADO
DEPARTMENT or TLAW
INHERITANCE TAX DIVISION
RELEASE OF INHERITANCE TAX LIEN
No. 4-S
Doc.#219638
Estate of Theresia Berehenli,,, Pr Theresa fershenyi
Book 345
Pry p e 549
Date of Death..March..2.,.. 962
Dross Estate ........................
It appearing to the attorney general that it is not necessary to preserve the lien
granted by the Colorado inheritance tax law against the hereinafter described real
estate, in which the above named decedent had an interest, by virtue of the authority
vested in me under the provisions of Sec. 138-4-61, CHS., 1953, I do hereby forever
release and discharge the inheritance tax lion against the following described real
estate, to -wit: An undivided 1/5 int. ink to the fol. desc. property in
Garfield County, State of Colorado: All that portion of t SFASWti of
Sec 3, Twp 7 S, R 89 W of the 6th PM, deec. as beg. at the 1/11 cor.
between Secs. 3 4 10, Twp aHyl R aforesaid; thence W on a line between
said 1/11 cor. and the NW cor. of said Sec 10, 717.17 ft; thence N 00
50' W. 137.79 ft; thence N 19033' E 109.17 ft; thence N30010' E 118.15
ft;thence N 51038' E 136.8 ft; thence N 470?3' E 1119.7 ft; thence N
68059' E 169 ft; thence N 5902h' F ?111.6 ft; thence N 2100:' F 75.93
ft; thence S R29.66 ft to the place of beg. Also, the SWi6F; of Sec 3
the E+i of Sec 10, the FiNWi of Sec 10, the SWk;SWi of Sec 11, and the
E}NE� end the 1QFF' of Sec 8, all in Twp 7 S, R 89 W of the 6th PM.
Also, tog. with any & all ditch and water rights belonging to or used
upon or in connection with the lands above deec. for irrigation and
Pomeetic purposes, partly, incl., but without limitation of the pre-
ceding description, the fol.: an undivided 1/2 int. in and to the
Atkinson flitch, its enlargements rr, extensions, the seise being Bitch
#30 in the decrees of the District Court of Garfield County, Colorado,
within and for Water District V38, At a like undivided int. in and to
water priorities Nos. 13, 10Q, 1I17 and I406F, connected with said
ditch; said priorities being from 1t -Mile Creek, and cal ling for a
total of 13.2 cuhic ft. of water per second of time. Also, all the
right, title, and interest of grantors to said decedent and hoer co-
owners in & to spring & domestic water obtained therefrom through a
pipeline extending from said spring to the residence of said above
mentioned grantors; said spring being situate on the NE1441104. of Sec 9,
Tw 7 S R R9 W 6th PM; except all -easements and rights of wry of a
public an pr a nature heretofore conveyed, Alec), together withal)
improvements situate upon the lands above described. Also, together
with allressing rights and privileges owned and held in connection
with the lands above described under the Taylor Grazing Act on public
domain.
Lot 7, end the N! SW;t, Sec 10; arxi the NiNFa, Sec 15, Twp 7 3, R 89 W,
6th PM, subject to reservetione contained in the 11. S. Patent for said
lands. Held in the names of Joseph V. Rershenyi, Jonenh V. Rershenyi,
Jr., Rudolph A. taershenyi, Robert W. liershenyi and Theresia ' ershenyi
Dated at Denver, Colorado, Duca W. I)usskR,
Attorney General of Colorado.
.November 23, , 1%2
By
Neu, T.aaaR,
Assistant Attorney General.
Nota --This release must be recorded in the office of the clerk and rrcordsr of the county tui
which the property is situate.
Filed for record December 4, 1962 at 2:38 o'clock Y.M. and recorded
in Book 345 at page 549 thereof.
(NOTE) This instrument is r'hown because of a sprint; and pipe line
in the NE*NE4 of Seo.9, TD.7 S. ,R.f39W.6th.P.M.
No. 5-S
• •
DEED OF r i U S
17th day of JulyTRIS I)F.T[) OF TRUST. made the
CIHESTER E. AXTHE1.4 and EVELYN R. AXTHELM, husband and wife
63 het ss ern
Doc .#2222 15
Route #1 Box 330, Glenwood _Springs,
whose post office address is a
County of Garfield and State of Colorado hereinafter calk 1 the Trustor, and the Public Trustee
of the County of Garfield . and State of Colorado, hereinafter called the Trustee,
WI NESSEI II: that whereas the Trustor has executed a promissory note of even date herewith payable to the order
of THE EcitUITABLE LIFE ASSURANCE SOCI:TY OF THE UNI'Ir31 STATES , a corporation organized and exist-
ing under the laws of the State Of New York and having its principal office and post office address at
1285 . Avenu4 or the Americas
City of New York (.aunty Of New York
State of New York _ ... , hereinafter called Beneficiary, for the principal sunt of FORTY-FIVE. THo
U`AND AND NO/100
Dollars (8145,000.00 ), together with interest thereon, with final payment clue December 1 , 19
86
and with principal and interest being payable on the terms and at the rate provided therein. and executed and delivered
by Trustor for money loaned in the said principal sunt,
ANI) W"HFR1iAS, the said 'trustor is desirous of securing the payment (II the principal sunt and interest of said
promissory note in whose hands server the said note may he as well as the pc rformance of the at!tt entents and covenants
heron contained,
NM', TIIEREFORI', the 'trustor, in consideration of the premises, and for the purpose aforesaid, does hereby grant,
!•.ugitn, sell and convey unto the 'trustee, in trust fvreser, the following described real estate,
GsTfield hereinafter
called the prem-
ises. containing acres, more or los, sttuatul in OwCounty of
and State of
( oluro. °. to v. it
The following described lands located in
Township 6 South, Range 89 West of the Sixth Principal Meridian
Section 34: SE4SW4, and
the following described lands located in
Township 7 South, Range 89 West of the Sixth Principal Meridian
Section 3: Lots 2, 3, 4, SiNW4, SWINE4, SW4, EXCEPT 9.044 acres in the Southeast
corner of the SE4SW* of said Section 3, described as beginning at the
quUrter corner between Sections 3 and 10; thence on the line between
the said quarter corner and the Northwest corner of said Section 10
West 717.17 feet; thence North 0°50' West 137.79 feet; thence North 19°
East 109.17 feet; thence North 30°301 East 183.15 feet; thence North
51.381 East 136.8 feet; thence North 47°23' East 149.7 feet; thence
North 68°59' East 169 feet; thence North 59°24' East 214.6 feet; thence
North 21°02' East 75.93 feet; thence South 829.66 feet to the place of
beginning,
Section 7: SE4SEI,
Section 8: SISWat NW`SSW4, SEISEaa
Section 9: NENE4,
Section 10: NW4NW4,
Section 16: W2NW$, NW9SW4f ESWo,
SUBJECT to rights of way and easements for roads, ditches and utility lines and to mineral
reservations and conveyances as granted or reserved by instruments now of record.
Rut including any and all ditches and water rights belonginw, to, used upon or in connection
with any and all of said lar s above described, including., out without limitations, an
undivided one-half in',erest in and to the Atkinson piton No. 30 and a like interest in
Priorities No. 33, 109, 147 and 406F; and the Flannery Ditch and its Priority No. 136B;
and the Hammerich Pipe Line and its Priority No. 521, all in the decrees of the District
Court of Garfield County, Colorado, in and for Water District No. 38, together with all
rights, title and inter -,est in any springs and domestic water supply and pipe lines furnishic
water to any of said lands above described. ALSO, all of the trustor's right, title and
interest, if any, in the Hammerich Ditch, in said Water District No. 38. SUBJ>±CT, however,
to any and all existing easements and rights of way and particularly but without limitation,
any reservation by previus owners of rights to use of domestic water from springs supplying
water to any of said above described lands. SUIiJ.CT, ALSO, to a Coal Mining License
Agreement, dated February 1, 1941, under which the Colorado Fuel and Iron Corporation
granted unto Dave Davies the right to mine and extract coal from the EiEiof Section 8,
Township 7 South, Range 89 West of the Sixth Principal Meridian.
• •
Tt:X;ETHER with all and singular the rights therein, fixtures Ihcrron and appuctenanocs thereunto belonging or in
anywise appertaining, whether now or hereafter acquired, which shall include, without limiting the generality of the fore.
going. thefollowing:
All buildings and the plumbing. heating, ventil.ttntg ami lighting systems and cquilancnt therein; all hc111 etlnipment;
and all pumps, pumping %tatinos, motors. switrh boxes and transformers, engines, machinery, reservoirs. pt(•r s, Honors.
3n.1 other equipment used (or the trnductton of water on said premises or for the irrigation or drainage thcrcOf, and
any sot h system or celnipment shall be ciatstrtted and considered as affixed to and part of the realty and subject to all
provisions hereof, and
All leases, permits, allotments, Iircnses and privileges, whether or not appurtenant, from the United States or the
State of Colorado, or any department or other agency of either for grazing, feeding, pasturing or agricultural purposes
on any of the public lands of the United Stales or the State of Colorado, and
All casements and rights of way, .ill rights of homestead exemption, and
All water, water rights, whether riparian, approlaiative or other vice and whether or not appurtenant, all ditch rights,
and any shares of stuck evidcm ing and sin It water or ditt to right, including shares of the
capital stock of
• •
TO HAVE AND TO HOLD the same unto the said Trustee upon the following conditions, covenants and agreements
of the Trustor:
FIRST: That the Trustor agrees to pay as the same become due and payable all taxes, assessments, irrigation, ditch, canal,
reservoir or other water charges or assessments and other charges imposed by law upon said premises, or any part thereof
including the Trustee's or Beneficiary's interest therein and upon this deed or trust or the note or indebtedness secured
hereby, provided that should the amount of payments made for the Trustee or Beneficiary under this paragraph for such
taxes, assessments and other charges together with the interest on the indebtedness exceed the highest interest rate permitted
by law on the amount of the indebtedness then owing, Trustor shall not be liable to pay any of such excess over the highest
lawful rate. If while this deed of trust and said note are owned by a non-resident of the state of Colorado any law is passed
by said state imposing upon such non-resident holder any tax upon said note or deed of trust or any liability to pay any
part of the tax against the said premises, or deducting from the value of land for the purpose of taxation any lien thereon
or changing any of the laws for the taxation of mortgages or deeds of trust given as security for debt, such holder, if it so
elects, upon ninety days' written notice may declare the debt due and payable and this deed of trust foreclosable.
•
SECOND: That the Trustor agrees to pay all other debts that are now or may become liens upon or charges against said
premises, and not to permit any lien of any kind to accrue and remain on said premises, or the improvements thereon,
which might take precedence over the lien of this decd of trust. The Trustor further agrees not to create any lien on said
premises junior hereto unless the person entitled to the benefits thereof shall have agreed that the time for the payment
of the indebtedness hereby secured and the manner and amount of payment thereof and the benefits of the security af-
forded hereby may, without consent of such person and without any obligation to give notice of any kind thereto, be ex-
tended, reextended, accelerated, suspended and refunded on any terms whatsoever without in any manner affecting the
priority of the lien hereby created as security for the payment of the indebtedness secured hereby or any obligation substituted
therefor or issued to refund same.
THIRD: That the Trustor agrees to keep said premises and improvements thereon in good condition and repair and not to
commit or suffer waste thereof; to operate all lands, whether improved pastures, orchards, grazing, timber, or crop lands,
in a good and husbandmanlike manner in accordance with accepted principles of sound agricultural and forestry practices;
to take all reasonable precautions to control wind and water erosion; to fertilize improsed pastures, if any, where necessary
to maintain a good stand of desirable grasses; to protect orchards and timber, if any, by reasonable precautions against loss
or damage by fire including the tnaintenance of appropriate fin breaks: and neither to remove nor permit the removal of
any timber. buildings, oil, gas, mineral. stone. net .c '••••/' .:ra�r' •r.:• ..,.: wtrher.rt the l'nor v7ritten consent of
the Beneficiary. The Beneficiary shall have the right o. ,ns}. • •' i•r•:r,... • 4 ea...liable rimes and intervals as the
Beneficiary may desire, to determine the trustor's compliance with the covenants containers in any clause of this deed of trust.
FOURTH: That the Trustor agrees to procure, maintain and deliver, premiums paid, to the Beneficiary policies of insurance
against such hazards on the buildings now or herr alter located un said prerna..-' hr t b, .A' '•••'r '.err • ' "...-
require, in such .ompanies and in such amount ara.i le.rm and wnh .u. 11 los% i a%.ehlr • use. .. .r•al • '
Beneficiary. The Beneficiary is authorized to assign and deliver said policies to any purchaser of this .rec,i ; •r„st „• tat
purchaser of said premises at any foreclosure sale. In event of loss the Beneficiary is expressly authorized and unpowered
to settle or compromise claims under said policies, and the proceeds from said policies as well .t, in, r.ihi•r policies pro-
cured by the Trustor shall be paid to the Beneficiary who at its sole discretion may apply sam' or e . • • • • • •
of the indebtedness secured hereby whether or not then due and payable, or may apply the satnc or any part theteur leis. ants
the alteration, reconstruction or repair of said buildings, either to the portion damaged or .env other portion thereot, or
release same to the Trustor. Such application or release shall not cure or wane any default or notice of default hereunder or
invalidate any act done pursuant to such notice.
FIFTH: That in the event the Trustor shall fail to procure, maintain and deliver the insurance policies, premiums, prepaid,
or to pay as the same become due and payable, any tax or assessment imposed by law upon said premises, or any part
thereof, or the note or indebtedness secured hereby, or to pay any lien, claim or charge against said premises which might
take precedence over the lien of this deed of trust, or to comply with the provisions of paragraph Third hereof, the Bene-
ficiary may, without notice or demand, insure any of the buildings and pay the cost of such insurance anday any of said
taxes, assessments, liens, claims and charges, or any part thereof, or redeem from the sale of said premises for any taxes or
assessments (irregularities in the levy or imposition of any tax or assessment being expressly waived), or redeem from the
sale of said premises resulting from the enforcement of any such lien, claim or charge, or expend such sums as may be
necessary to correct the failure of the Trustor to comply with the provisions of said paragraph Third, and the Trustor here-
by agrees immediately to repay to the Beneficiary without notice or demand, any sums so paid with interest thereon at the
same rate as specified in the note secured hereby on the principal thereof after default and maturity, and all sums paid by
the Beneficiary with interest shall be a part of the indebtedness secured herebyand shall constitute a lien upon said premises
secured by this deed of trust, and in default of immediate repayment thereoby the trustor the whole indebtedness secured
hereby shall at the option of the Beneficiary become due and payable forthwith without notice.
SIXTH: That the Trustor agrees to pay on demand all expenses and attorneys' fees incurred by the Beneficiary by reason of
litigation with third parties to protect the lien of this deed of trust and all money so paid by the Beneficiary, including any
expenses incurred in procuring or continuing abstracts of title and title policies and searching the records for the purposes
of such litigation, shall bear interest at the same rate as specified in the note secured hereby on the principal thereof after
default and maturity, and any such surns so paid with interest thereon shall be a part of the indebtedness secured hereby
and shall constitute a lien upon said premises secured by this deed of trust, and in default of immediate repayment thereof
by the Trustor after dernand, the whole indebtedness secured hereby shall at the option of the Beneficiary become due and
payable forthwith without notice.
SEVENTH: That as further security for the payment of said indebtedness and the performance of all of the terms, cov-
enants and conditions hereof, the Trustor does hereby transfer, set over, assign and pledge to the Beneficiary the lessor's
interest and estate in all leases, including but not limited to gas, oil and mineral leases, now or hereafter affecting the said
premises or any part thereof, and all rents, issues, income, profits, royalties and bonuses due and to bec,m►e due thereunder,
sad in the event of a defaak under any of the terms, covenants and conditions of this deed of trust the beneficiary is here -
kw authorized and empowered to collect and receive all such rents, issues, income, profits, royalties and bonuses due and
to bacon due and to apply the wine against said indebtedness. So long, however, as there shall be no default hereunder the
( russet shall have the right to collect and receive any and all such rents, issues, income, profits, royalties and bonuses as they
'tapectively become due and payable, and to use thc same without accounting to the Beneficiary therefor.
F(GI-TH: The Trustee, at the request of the Beneficiary, may at any time, without notice, execute and deliver releases from
the lien of this Deed of Trust of any portion or portions of the above-described property without affecting the personal
;Lability of any person for the payment of the said note or indebtedness secured hereby and without in anywise affecting or
impairing the lien of this Deed of Trust or the priority of said lien upon the remainder of said property as security for the
payment of the full amount of said note or indebtedness then remaining unpaid.
NINTH: That the Trustor agrees to leave with the Beneficiary during the existence of the note hereby secured, any abstract
of title furnished to the Beneficiary. In the event of sale hereunder, the Beneficiary may deliver such abstract to the pur-
chaser at such sale and it shall then become the property of such purchaser.
TENTH: The net proceeds of any judgment, award or settlement in any condemnation or other proceeding for any damage
to the premises, buildings or other fixtures thereon shall be paid to the Beneficiary and shall at its option, either be applied
as a credit on any portion of the unpaid balance of said note, whether then matured or to mature in the future, or be released
to Trustor.
IILEVENTH: Trustee and Beneficiary shall be subrogated to the lien, notwithstanding its release of record, of any prior
deed of trust, mortgage or other encumbrance on the premises or of any vendor's lien paid or discharged from the proceeds
of said note.
TWELFTH: That time is of the essence hereof, and, in the event default be made in the performance of any of the terms,
conditions, covenants and agreements of the Trustor herein contained on the part of the Trustor to be performed, or in
she event of default in the payment of said note or any part thereof or in the payment of the interest thereon, according to
the tenor and effect of said note (or any extension or renewal thereof), or as herein provided, or in the event proceedings
Se instituted or process be issued to enforce any lien, charge or encumbrance upon or against any of the premises, or in
the event the Trustor be declared bankrupt or insolvent, or make an assignment for the benefit of any creditors or be placed
ander the cootrol or custody of any court, or in the event the Trustor abandons any of the property, then and in any of
said events the Beneficiary is hereby authorized and empowered, at its option, without notice and without affecting the lien
hereby created, or the priority of said lien or any right of the Beneficiary hereunder to:
(a) enter upon the premises, inspect, repair and maintain the same and perform such other acts thereon as the Bene-
ficiary shall deem necessary;
(b) declare, without notice, all sums secured hereby immediately due and payable, whether or not such default be there-
after remedied by the Trustor, and enforce any of the rights which accrue to the Beneficiary hereunder; and
(c) file with the Trustee a notice and demand in writing, as provided by law, whereupon it shall and may be lawful
for the Trustee to foreclose, and the Trustee shall foreclose, this Deed of Trust and sell and dispose of the
peensigea, aad all of the right, title and interest of the Trustor therein and thereto, at public auction at the front
door of the Court House in 4lotwood_. Springs . County of Ciatfield
aad State of Colorado, or on said premises or any part thereof, or at any other place then authorized by law, as
may be specified in the notice of such sale, for the highest and best price the same will bring, four weeks' public
notice having previously been given of the time and place of such sale by advertisement, weekly, in some news-
paper of general circulation at the time published in said County of ......... _.__.._Ur(1lh>,ld , or upon
such other notice as may then be required by law, and shall issue, execute and deliver a certificate of purchase,
Trustees deed or certificate of redemption in the manner provided by law to the party entitled thereto. The
Trustee's deed may be in the ordinary form of conveyance. The Trustee shall, out of the proceeds or avails of
such salve, after first paying and retaining all fees, charges, expenses and costs of making said sale, including an
attorney's fee in the amount as hereinafter provided for, pay to the Beneficiary the principal and interest due on
said note according to the tenor and effect thereof and all money advanced by beneficiary pursuant to the provi-
sions of Paragraphs 3, 4, 3 and 6 above, and for the costs of any abstract or other evidence of title from the date
of this Deed of Trust to the date of such sale with interest thereon at eight (8) per cent per annum, rendering
the overplus, if any, unto Trustor, or the successors or assigns of Trustor. The Beneficiary may purchase said
property or any part thereof and it shall not be obligatory upon any purchaser at such sale to see to the applica-
tion of the purchase money.
71fI&TEENTH: In case of any default whereby the right of foreclosure occurs hereunder, the Trustee or Beneficiary or
holder of said 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 pendency of fore-
closure proceedings and the period of redemption, if any there be; and such possession shall at once be delivered to the
Trustee or Beneficiary or holder of said certificate of purchase on request, and on refusal, the delivery of such possession
may be enforced by the Trustee or Beneficiary or holder of said certificate of purchase by any appropriate civil suit or pro-
ceeding, and the Trustee or Beneficiary or holder of said certificate of purchase shall be entitled to a Receiver for said
property, and of thc 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, and shall be entitled thereto as a matter of right without
regard to the solvency or insolvency of the Trustor or of the then owner of said property and without regard to the value
thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex•parte application, and without
notice (notice being hereby expressly waived) and all rents, issues and profits, income and revenue therefrom shall be
applied by such Receiver to the payment of the indebtedness hereby secured, according to law and the orders and directions
of the court.
FORE.3T ?WIT DEED CF TRUST RIDER ":A
The trustor does further covenant and agree with the beneficiary:
1. To be lawfully entitled to certain gazing privileges in the United States
National Forest deacribed in the waiver referred to herein, said privileges to
be evidenced by United States Department of Agriculture grazing permit or per-
mits described in the Waiver or Waivers of Grazing Privileges (Form 763A) exe-
cuted in connection with this deed of trust, and filed with the Forest Supervisor
of said National Forest. 411 of the terms, conditions and provisions of said
Waiver are hereby made a part of this instrument to the same effect as if fully
set forth herein.
2. To execute any waiver of grazing privileges, as defined by the regulations of
the Department of 4griculture, and any other documents or forme which the bene-
ficiary may require in order to protect its interest in said grazing privileges.
3. To pay all fees and charges due or to become due under the terms of the above
described permit or any renewals thereof in the manner provided in said permit or
renewals, or by the laws of the United States, or by the rules and regulations of
the United States Department of Agriculture.
L. To so manage and operate the property included in this deed of trent and any
other property upon which said grazing privileges are based, and to so conduct
and maintain his livestock operations that said permit or any renewal thereof
will not be subject to cancellation or modification because of reduced livestock
carrying capacity of the trustor's property, or for any other reason.
5. To make application for renewal of said grazing permit and to do any and all
other things that may be necessary to prevent any impairment of the grazing
rights under said permit, or any renewals thereof, throughout the term of this
deed of trust.
6. That in the event the trustor fails to pay when due any fees or sums payable by
the terms of said grazing permit, or any renewal thereof, or under the laws of
the United States or regulations of the United States Department of Agriculture;
or in the event the aforesaid grazing privileges become subject to cancellation
or modification because of the failure of the trustor to maintain sufficient
livestock, or the necessary improvements, or for any other reason, the benefi-
ciary, at its option, may nay such fees or stuns, or provide the necessary live-
stock or improvements, or whatever may be necessary to maintain said grazing
privilege in a status satisfactory to the beneficiary, and the amounts paid or
incurred in connection therewith shall become a part of the indebtedness secured
by the lien of this deed of trust and bear interest from the date of payment at
the same rate as specified in the note secured hereby on the principal thereof
after default and maturity.
7. That in the event the truster fails to perform all and singular the covenants,
conditions, and agreements contained in this deed of trust, including this rider,
or u'on receint by the beneficiary of notice from the Forest Supervisor of the
said rational Fcrest, or otherwise, of the trustor's failure to comnly with the
terns of said grazing permit or renewals thereof, the laws of the United States
cr the regulations of the United States Department of Agriculture applicable
thereto, then the beneficiary may exercise any or all rights provided or by the
terns of the deed of trust to which this rider is attached in case of any default
on the part of the trustor.
8. That this rider shall be a dart of the deed of trust to which it is attached, to
the same extent as if it were set out in full therein.
FEDERAL RANGE TRUST DEED RIDER
The trustor dose farther covenant and agree with the beneficiary:
1. TO be the lawful owner and holder of grazing leases and permita under the provisions
of Section 15 of the Taylor (basing Act (Title 143 USCA Sections 315 to 315 (p) ),
which are described as follows:
Permit in common with others to graze cattle as follows:
Diamond Flats Allotment 2110 Cattle 5-11 to 6-30 58% F. R. for 232 AUM's
Driveway £llotaent 73 Cattle 6-16 to 8-15 100% F. R. for 146 ADM's
2. TO pay all rent or charges due under the terns of said lessen and permits, or any
renewal or extension thereof, or by the rules Buil-egulationa of the United States
Department of Interior or the lava or Oe United States.
3. To perform and observe all the covenants, conditions, and stipulations contained
in said leases and permits, or renewals or extensions thereof; to comp]y with the
rulea and regulations of the Department of Interior and the lave of the United
States applicable to said leases and permits.
4. To sake application and do any and all things necessary to obtain extension or
renewal of said leases and permits during the term of this deed of trust.
5. TO execute to the beneficiary, at such time as the beneficiary may require, an
assignment or assignments of said leases and per:aita or any renewal or extension
thereof, in such form as may be satisfactory to the beneficiary.
6. That in the event the trustor fails to pay when due any rent or charges payable
under said leasee and permits, or renewals or extensions thereof, or under the
rules and regulations of the Department of Interior or the laws of the United
States, beneficiary may make such payment and the amount paid therefor shall
become a part of the indebtedness secured by the lien of this deed of trust and
bear interest from date of payment at the same rate as specified in the note
secured hereby on the principal thereof after default and maturity.
7. That in the event the trustor fails to perform all and singular the covenants,
conditions and agreewenta contained in this deed of trust including this rider,
or upon receipt by the beneficiary of notice of trustor's failure to comply with
the terms of said leaaee and permits, the regulations of the United States
Department of Interior or the laws of the United States applicable thereto, then
the beneficiary may exercise any or all rights provided by the terms of the deed
of trust to which this rider is attached in case of any default on the part of
the trustor.
8. That this rider shall be a part of the deed of trust to which it is attached, to
the same extent as if it were set out in full therein.
THIRTEENTH "A": Deed of Trust Riders "A" and "D" are hereto attached and made a part
hereof.
FOURTEENTH: If foreclosure be made by the Trustee, an attorney's fee in the sum of live per centum of the original
principal sum of said note shall be allowed by said Trustee for services in the supervision of said foreclosure proceedings,
and if foreclosure be made through the courts a reasonable attorney's fees shall be taxed by the court as a part of such fore-
dosure proceedings. In addition to said attorney's fee, Trustor agrees to pay all expenses incurred in connection therewith,
including, but without being limited to, the fees and disbursements of the Trustee, and costs of suit, and of procuring and
continuing abstracts of title and titlelicies. Said fees, costs, and expenses shall be a part of of the indebtedness secured hereby
and shalt constitute a lien upon said' remises secured by this deed of trust.
FIFTEENTH: That the Trustor is lawfully seized of said premises in fee simple and has good right and lawful authority
to grant, bargain, sell and convey the same, that the same are free from liens and encumbrances, that the Trustee shall
quietly enjoy said premises, that the Trustor will execute or procure any further necessary assurances of title and does
hereby forever warrant generally the titk to said premises and will forever defend the same against the claims and demands
of all persons whomsoever, and the Trustor and the makers of said note especially agree and declare that the separate
estate of each of them, whether vested, contingent or in expectancy, is hereby conveyed and shall be bound for the pay-
ment of the debt hereby secured and each does hereby expressly waive, release and relinquish all rights and benefits of any
homestead, appraisement, redemption, exemption or stay laws of the state of Colorado, and all rights, interests and estates,
statutory andotherwiseand of every nature whatsoever in and to said premises, including all dower and curtesy rights.
SIXTEENTH: The covenants herein contained shall bind, and the benefits and advantages hereof shall insure to, the
respective heirs, executors, administrators, successors and assigns of the parties hereto. Wherever used herein, the singular
number shall indude the plural and conversely, and the use of any gender shall be applicable to all genders. Wherever
the term "beneficiary" is used herein it shall include the legal holder or holders of said note or the indebtedness secured
hereby.
SEVENTEENTH: The Trustor agrees to pay all recording and other expenses incurred in effecting the release or satisfac-
tion of this Deed of Trust.
EIGHTEENTH: In the event the premises covered by this deed of trust, or any portion
thereof, be sold or conveyed prior to the time the indebtedness secured hereby shall
have been reduced to $37,500.00 then the entire indebtedness secured by this deed of
trust shall, at the option of the beneficiary, become due and payable.
IN WITNESS WHEREOF, The said Trustor has hereunto set
written.
STATE OF COLORADO,
COWMO.F,,Qarfield ss.
•
-c.1.-. idiom'nstrument vas acknowledged before me this day of
nd and seal the day a first above
(SEAL)
.(SEAL)
_19.43 ---- , by• Chester E. Azthelat and Evelyn R. Aztbels, husband
` - '�ilaestiltr heed; and official Seal.
.;, expiresM Commission expires July 30, 1966
•- . . comal. . Y .-_..
NOTARY PUBLIC
fi adatill `i ficial or representative capacity, insert name and also office or capacity and for whom acting.
Filed fat record July 22, 1963 at 3:55
0
w
0
u
W
2
0
o'clock
P.M. and recorded in Book 351
-o
Filed for record the
a
a
at
a
0 A
page 1
I •
18
�i
0
9.
1 •
STATE OF COLORADO,
lr ss.
COUNTY OF GARFIELD.
Supplemental of
Nos. 454, 2574 and 2574-B.
The undersigned hereby certifies that the foregoing --Three entry-ies
number 3-S to 5 -S , inclusive, constitute -s a true and correct s upp lemen to 1
Abstract of Title showing all instruments which appear of record in the office of the County
Recorder of GARFIELD County, Colorado, from April 30, 1962 at 8:00 o' clock A.M.
to the day and date hereof affecting the title to
Abs. #454- The SEkSWk of Sec. 34, Tp. 6 S.,R. 89 W., of the 6th P.M.,
the SW' NEk, S'NW'k; and Lots 2, 3 and 4; the N ZSW 4; SW SW' and
the SE'SW' of Sec. 3, except that portion heretofore conveyed
out by Doc. No. 19521, in Tp. 7 S.,R. 89 W., of the 6th P.M.
Also the NWkNA of Sec. 10, and the NENE'k of Sec. 9, all in
Tp. 7, S.,R. 89 W., of the 6th P.M. Together with the Atkinson
Ditch and the Hammerich Ditch and water right pertaining to
said land.
Abs. #2574- The SSW3/4; NW'kSW'3 of Sec. 8, and the SEkSE3/4 of Sec. 7, all in
Tp. 7 S.,R. 89 W., of the 6th P.M. Together with the Daniel
Flannery Ditch and the water right connected therewith and
pertaining to said land.
Abs. #2574 -B -The SE'3SE'k of Sec. 8; the W' NW'W; NW'�SW'k and the E 2SW'k of Sec.
16, all in Tp. 7 S.,R. 89 W., of the 6th P.M.
In GARFIELD COUNTY, COLORADO.
EXCEPTING THE FOLLOWING, TO -WIT:
(1) Instruments pertaining to mining claims, roads, highways, railroads, and other public
utilities wherein the descriptions are insufficient to identify the land abstracted.
(2) Chattel Liens affecting crops, equipment, attachments and fixtures located upon, used
in connection with, or appertaining to said lands.
Seals were affixed to officers' Jurats and date of expiration of Notary's Commission unless
otherwise noted.
That due to conditions prevailing in GARFIELD County, Colorado, the following excep-
tions are made:
That the undersigned is a duly qualified and bonded Abstracter operating under a license
granted by the State of Colorado, and is a member in good standing of The Colorado Title
Association and of The American Land Title Association.
Dated at GLENWOOD SPRINGS, Colorado, thh ____Twenty-second day of
July A. D.1963. at 3:55 o'clock P.M.
THE GARFIELD CO NVTY ABSTRACT CO PANY
Secretary Pr t
Filed for record the day of A. D. 19 .. at o'clock ..RECORDER.
Reception No
No. 6-S
Doc##
222607
By ....................... ...... DF.PUTI'.
KNOW ALL MEN BY THESE PRESENTS, That, Whereas, CHESTER E. AXTHELM and
of the EVELYN R. AXTHELM
uounty of Garfield , in the State of Colorado, by
DEED OF TRUST dated the
12th day of Aibri 1 , A. D. 1962 ,
and duly recorded in the office of the County Clerk and Recorder of the
County of Garfield
, in the State of Colorado, on the 18th day of April
A. D. 19 62 , in book 340 at page 4 3 9 of the records, in said office, conveyed to the
Public Trustee in said County of Garfield
certain real estate in said Deed of Trust described, in trust to secure the payment of the indebtedness
mentioned therein. Doc#217251
AND, WIIEREAS, Said indebtedness has been paid and the purposes of said trust have been fully
satisfied;
NOW, THEREFORE, At the request of the legal holder of the indebtedness secured by said Deed
of Trust, and in consideration of the premises, and in further consideration of the sum of Two Dollars,
to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said
County of Garfield do hereby remise,
' release and quit -claim unto the present owner or owners of said real estate and unto the heirs, successors
, and assigns of said owner or owners forever, all the right, title and interest which I have under and by
virtue of said Deed of Trust in and to the said real estate ill said Deed of Trust particularly described,
I reference to which is hereby made for greater (ertainty.
'1'o IIAVE AND '1'O HOLD TUN 6.1)1E, Together with all and singular the privileges and appur-
tenances thereunto belonging forever. AND F(TR'1'IlEl{, that the said Trani Deed is,.by these presents, to
be considered as fully and absolutely released, cancelled nail forever discharged.
WITNESS my Land and scul, this 27th. day of August
The Public Trustee in said
,A.D.1963
/s/ Berenice McDonald
As the Public Trustee in said County of
1 v
County of Garfield
(SEAL.)
Colorado :
Please execute this release, the indebtedness secured by the above mentioned Deed of Trust having
been fully paid.
(SEAL)
STATE. OF' COLORADO,
Ss.
County of Garfie l
i
e•
tininess secured by said Deed of Trust.
et_e19 i
The foregoing instrument was acknoww lodged before me this
27th. day of August
Berenice McDonald
as the Publie Trustee in said
Garfield , Colorado.
,A.D.19 63,by
Witness my hand and Official Seal.
County of
)Iy commission expires May 31, 1967
Notary Pubilo.
Filed for record August 27, 1963 at 2:45 o'clock P. M., Book Page
FORM 361 RELEASE OF DEED OF TRUST BY THE PUBLIC TRUSTEE -Th.. C. F. tio.•eksl ttiar,k Rook 1 Litho. Co.. Denver, Coto.
• •
STATE OF COLORADO,
COUNTY OF GARFIELD. ,
ss. Supplemental of
Nos. 454, 2574 and 2574-B
The undersigned hereby certifies that the foregoing - - - - one entry-ies
number- 6-S - to- 6-S - , inclusive, constitute -s a true and correct continuation of
Abstract of Title showing all instruments which appear of record in the office of the County
Recorder of GARFIELD County, Colorado, from July 22, 1963 at 3:55 o'clock P . M. ,
to the day and date hereof affecting the title to
Abs. #454 - The SE*SWi of Sec. 34, Tp. 6 S., R. 89 W., of the 6th. P. M.,
the SWiNE4, Si -NA; and Lots 2, 3, and 4; the N2SW*, SW*SW* and
the SE*SW* of Sec. 3, except that portion heretofore conveyed
out by Doc. No. 19521, in Tp. 7 S., R. 89 W., of the 6th. P. M.
Also the NWANW of Sec. 10, and the NE*NE* of Sec. 9, all in
Tp. 7 S., R. 89 W., of the 6th. P. M. Together with the Atkinson
Ditch and the Hammerich Ditch and water right pertaining to
said land.
Abs. #2574 The S-SWi; NW*SW* of Sec. 8, and the SE*SEi of Sec.7, all in
Tp. 7 S., R. 89 W. of the 6th. P. M. Together with the Daniel
Flannery Ditch and the water right connected therewith and
pertaining to said land.
Abs. #2574-B The SE*SE* of Sec. 8; the W2NW; NW*SW* and the EISA of Sec.
16, all in Tp. 7.S., R. 89 W., of the 6th. P. M.
In GARFIELD COUNTY, COLORADO.
EXCEPTING THE FOLLOWING, TO -WIT:
(1) Instruments pertaining to mining claims, roads, highways, railroads, and other public
utilities wherein the descriptions are insufficient to identify the land abstracted.
(2) Chattel Liens affecting crops, equipment, attachments and fixtures located upon, used
in connection with, or appertaining to said lands.
Seals were affixed to officers' Jurats and date of expiration of Notary's Commission unless
otherwise noted.
That due to conditions prevailing in GARFIELD County, Colorado, the following excep-
tions are made:
That the undersigned is a duly qualified and bonded Abstracter operating under a license
granted by the State of Colorado, and is a member in good standing of The Colorado Title
Association and of The American Land Title Association.
Dated at GLENWOOD SPRINGS, Colorado, this - - - twenty- seventh - day of
August A. D. 19 63.at 2:45 o'clock P. M.
THE GARFIELD CO NTY ABSTRACT OMPA Y
Secretary Pleat:ta
Recorded eR 1 _ o'eloaic_ g M- 3..i }
Reception No --5 4 _ Recorder
--- -Ca�� .
?Cnniu 411
No. 7-S
Doc . #222654
•
J' 1'
en bg threat presents, That, Whereas,
Carl Lundien and Ida Lundien
Book -352 IV"'
Pa rri 477
of the County of Garfield, in the State of Colorado, by t h eir certain Deed of Trust, dated the
27th day of October , A. D. 19 60 , and duly recorded
in the office of the County Clerk and Recorder of Garfield County, in the State of Color do, on the
2nd day of November , A. D. 19 60 , in Book 33u of said
Garfield County Records, on Page 526 , conveyed to the Public Trustee, in the County of Garfield,
in the State of Colorado, certain real estate in said Deed of Trust described, in trust to secure to
Charles R. Kellogg and La Verle Kellogg
certain promissory note , with interest and all charges thereon,
And, Whereas, The said
Carl Lundien and Ida Lundien
the payment of
as in said Deed
fully satisfied said note , together with all interest and charges thereon, according
Now, Therefore, At the request of the said
CHARLES R. KELLOGG and La VERLE KELLOGG
as aforesaid, and in consideration of the premises, and in further consideration of the
to me in hand paid by the said CARL LUNDIEN and IDA LUNDIEN
the receipt whereof is hereby acknowledged, I,
Mrs. Berenice McDonald
one
of Trust mentioned.
has paid and
to its tenor;
sum of Two Dollars,
the Public Trustee in the County of Garfield, in the State of Colorado, do hereby remise, release and forever
quit -claim unto , the said
Carl Lundien and Ida Lundien
and their heirs and assigns forever, all the right, title and interest which I have in and to tho
said real estate, by virtue of said Deed of Trust; and more particularly described as follows, to -wit:
All that property conveyed in trust, in and by
Document No.211614 as recorded in the
office of the County Clerk and Recorder of said
Garfield County, Colorado, in book and at page
aforesaid.
situate, lying and being in the County of Garfield and State of Colorado.
To Have and to Hold the Same, Together with all and singular the privileges and appurtenances
unto the said
CARL LUNDIEN and IDA LUNDIEN
t heir heirs and assigns forever. And further, that the said Trust Deed is by these presents to he.
considered as fully and absolutely released, cancelled and forever discharged. ��G: T';'
Witness My hand and seal this 3rd day of --September <- •.,.A:'lh.1 •
Mr. s. Berenice McDonald
I'
1
Pin: Taus a.
Public Trustee in said GarfielcPEpunty• 7J °'
of truat•havingbeen
Please execute this release, the indebtedness secured by the above mentioned dee
fully paid.
STATE OF COLORADO,
L /.--"
L ..
a.
�7
TAt Bene/lei named in .aid Ail trustand Me legal holder
o/ Me indebtedness Baur jy raid deed el Inlet.
ss.
County of Garfield. I, Lena M. Urquhart , a Notary Public,
in and for said County, in the State aforesaid, do hereby certify that Berenice McDonald ,
1 Public Trustee in said County, known to me to be such and who is personally known tome to be the person
whose name is subscribed to the foregoing Deed, as such Public Trustee, appeared before me this day in
person, and acknowledged that as and in the capacity of Public Trustee in said County aforsaid, he signed,
sealed and delivered the said instrument of writing as his free and voluntary act for the uses and purposes
! : therein set.forth.
' •': Given under.. myhand and Notarial seal this
3rd day of
. A7.D..19 63.
My commission expires //424:11/ 2/ , 19 7
:l
Filed for record September 3, 1963 at 11:
Book 352 at Page 477 thereof.
September
Ittkv
OTAAY PUBLIC.
o'clock A.M.
RELEASE DEED OF TRUST BY PUBLIC TRUSTEE—LAW OF 1894—SPECIAL SESSION— nor C. r. mum ca. emu
2
f IWok 354
'age 16 Recorded .2413 o'clock P..M., &*.....A01r9Q 3
Rece • tion No..4.3254 Glum. .1. as Recorder.
THIS INDENTURE, Made this 19th day of August
in the year of our Lord one thousand nine hundred and Sixty—three
No . 8- S ' between
Doc . #2 3296
CHESTER E. AXTHELM and EVELYN R. AXTHELM
whose address is Glenwood Springs
County o1 Garfield and State of Colorado
part 1eSof the first part, and the Public Trustee of the
County of Garfield
of Colorado, party of the second part, Witnesseth:
THAT WHEREAS, the said
in the State
RECORDER'S "TAMP
Filed for record Nov.196
at 2:13 o'clock P.M. in
Book 354 at page 86.
CHESTER E. AXTHELM and EVELYN R. AXTHELM
date of Appri�l 12, 1962
ha ve executed their promissory note bearing xleXldld7[]aK701QYOi>DlKMO(
principal sum of
THIRTEEN THOUSAND FIVE HUNDRED AND NO/100 Dollars,
payable to the order of CARL LUNDIEN and IDA LUNDIEN
whose address is
half
after the date thereof, with interest thereon from the date thereof at the rate of five h one- per cent per
annum, payable annually. Said note provides that the principal shall be
payable in the sum of $4,500.00 on or before six (6) years from date
thereof and the further sum of 54,500.00 on or before seven (7) years
from date thereof and the further sum of $4,500.00 on or before eighth
(8) years from date thereof.
AND WHEREAS, The said part ies of the first part are desirous of securing the payment of the li
principal and interest of said promissory note in whose hands soever the said note or any of them may be.
NOW THEREFORE, The said paro.eS 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 Garfield and State of
Colorado, to -wit:
The SE 1/4 SW 1/4 of Sec. 34, T. 6 S., R. 89 W. of the 6th P.M.; Lots
2, 3 and 4 and the S 1/2 NW 1/4, the SW 1/4 NE 1/4 and SW 1/4 of Sec.h
3 except 9.044 acres of SE 1/4 SW 1/4 of Said Sec. 3 described as
follows: Beginning at the quarter corner between Sections 3 and 10,
T. 7 S., R. 89 W. of the 6th P.M. thence westerly along the southerly
line of said SE 1/4 SW 1/4 a distance of 717.17 feet, thence N. 0°50'
W. 137.79 feet, thence N. 19°33' E. 109.17 feet; thence N. 30°30' E.
188.15 feet, thence N. 51°38' E. 136.8 feet; thence N. 47°23' E.
149.7 feet; thence N. 68°59' E. 169 feet; thence N. 59°24' E. 214.6ft
thence N. 21°02' E. 75.93 feet to the easterly boundary of said SE 1/
SW 1/4 and thence southerly along the easterly boundary of said SE 1/
SW 1/4 829.66 feet to the point of beginning, all in T. 7 S., R. 89 W
of the 6th P.M. The SE 1/4 SE 1/4 of Sec. 7; the S 1/2 SW 1/4, NW 1/4
SW 1/4 and SE 1/4 SE 1/4 of Sec. 8; the NE 1/4 NE 1/4 of Sec. 9. the
NW 1/4 NW 1/4 of Sec. 10; and the W 1/2 NW_1/4, NW 114__SW 1/4 and II
E 1/2 SW 1/4 of Sec. 16, all in T. 7 S., R. 89 W. of the 6th P.M.
Together -with -any and all ditches and water rights belonging to, used
upon or in connection with any and all of said lands above described,)
including, but without limitation, an undivided one-half interest in
and to the Atkinson Ditch No. 30 and a like interest in Priorities
No. 33, 109. 147 and 406F; and the Flannery Ditch and its Priority No
136B; and the Hammerich Pipe line and Its Priority No. 521, all in th
decrees of the District Court of Garfield County, Colorado, in and fo
Water District No. 38, together with all rights, title and interest i
any springs and domestic water supply and pipe lines furnishing water;
to any of said lands above described.
Also, all of the grantors' right, title and interest, if any, in the
Hammerich Ditch, in said Water District No. 38.
Subject, however, to any and all existing easements and rights of way:
and particularly but without limitation, any reservations by previous:
owners of rights to use of domestic water from springs supplying wate
No. 84.A. DRIB OF TRUST.—Pablle Trate..—Recelv.rs Claw.—Attorney'. Foss.
—Bradford -Robinson Ptt. Co.. Mfrs. Robinson's Legal Bleak., 1824.41 ltoot.Bt..Dear.r. Colorado.
• •
Book 354
Page
to Any of said above described lands.
Subject, also, to a Coal Mining License Agreement, dated February 1,
1941, under which the Colorado Fuel g Iron Corporation granted unto
Dave Davies the right to mine and extract coal from the E 1/2 E 1/2
of Sec. 8, T. 7 S., R. 89 W. of the 6th P.M.
Together with all grazing rights appertaining to any and all of said
lands herein and hereby conveyed and particularly any grazing rights
on the Public Domain used in connection with said lands.
Reserving, however, three-fourths of all minerals of every kind in,
upon or under any of said lands, not previously reserved by the United
States, said three-fourths of all minerals having been previously
reserved by former owners of said lands above described
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances, thereunto
belonging: In Trust Nevertheless, That in case of default in the payment of said note or any of them, or any
part thereof, es in the payment of the interest thereon, according to the tenor and effect of said note or any of
them, or in the payment of any prior encumbrance, principal or interest, if any, or In case default shall be made in
or in case of violation or breach of any of the term, conditions, covenants or agreements herein contained, the bene-
ficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the cove-
nants 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 for sale cause a copy of the same to be recorded in the recorder's office of the county in which
said real estate is situated, it shall and may be lawful for said party of the seeond part to sell and dispose of the same
(en masse or in separate parcels, as said Public Trustee may think best), and all the right, title and interest of said
part le S of the first part, their heirs or assigns therein, at public auction at the
front door of the Court House, in County of Gar fie ld and State of Colorado,
or on said premises, or any part thereof, as may be specified in the notice of such sale, for the highest and beat 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 a copy of which notice shall be mailed
within ten days from the date of the first publication thereof to said part le S of the first part at the address
herein 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 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 therefore, and the time when the purchaser or purchasers (or other person entitled thereto) shall be entitled to a
deed or deeds therefor, unless the same shall be redeemed as is provided by law; and 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 and 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 and quitclaim to such person
or persons entitled to such deed, as grantee, the said property purchased as aforesaid, and all the right, title,
interests, benefit and equity of redemption of the part ieSof the first part, their 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
herein 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 assign-
ment 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 Trustee shall, out of the proceeds or avails of such sale, after first paying and
retaining all tees, charges and costs of making said sale, pay to the beneficiary hereunder or the legal holder of said
note the principal and interest due on said note according to the tenor and effect thereof, and all moneys
advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest
thereon atte n per cent per annum, rendering the overplus, if any, unto the said part i e S of the first part,t he i r
legal 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 part ies of the first part, theirheirs or assigns, and all other persons
claiming the said property, or any part thereof, by, from, through or under said parties 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 ur purchasers at any such sale to see to the application of the purchase money.
If a release deed be required, it is agreed that the part 1 es of the first part,the i rheirs or assigns, will pay the
expense thereof.
And the said parties of the first part, for themselves and for their heirs, executors,
and administrators, covenant and agree to and with the said party of the second part, that at the time of
the ensealing of and delivery of these presents are well seized of the said lands and tenements in
fee simple, and ha ve 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 be passed in
relation thereto; and that the same are free and clear of all liens and encumbrances whatever, eXCeDt a first
Deed of Trust to Equitable Life Assurance Society of the United States
recorded a snocxsemboticx c x Clete be xbcx kooix y080c c pegen608yc )0eKx$kber xk
Duo cx0eacXxie cess xxietadcx oftucutcxbaciQtx oliwchc oevockthei66006ex
+14ecIclogegcxxelocciackvieci3ootmexxbotioc.xAckbfaliocbtx3boolenadlOonexspegoofteex
bo ument No. 222215 in Book 351 at Page 519 of the Garfield County rec-
Book 354
Page sg ..
and the above bargained property in the quiet and peaceable possession of the said party of the secopd parts his
successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or p y part
thereof, the said partie 3 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 pard -e g of the first part will
in due season pay all taxes and assessments levied on said property and all taxes and assessments levied under the
laws of the State of Colorado (except income taxes) on the obligation hereby secured; all amounts due or to become
due op account of principal and interest on prior encumbrances, if any; and, will keep all buildings that may at any
time he on said lands, insured against loss by fire in such company or companies as the holder of said note may,
from time to time direct, for such sums as such company or coinpanies will insure for, not to exceed the amount
of said indebtedness, except at the option of said partie 3 of the first part, with loss, if any, payable to the beneficiary
hereunder, as their 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 ies 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 the holder of said note , 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 ten per cent 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 the said part ie s of the first part, and such failure shall be a violation or breach of this covenant
; and agreement.
AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the said party
of the second part or the holder of said note or certificate of purchase, shall at once become entitled to the
possession, use and enjoyment of the property aforesaid, and to the rents, issues and profits thereof, from the accru-
ing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be;
and such possession shall at once be delivered to the said party of the second part or the holder of said note or
certificate of purchase on request, and on refusal, the delivery of such possession may be enforced by the said party
of the second part or the holder of said note or certificate of purchase by any appropriate civil suit or proceed-
ing, and the said party of the second part, or the holder of said note or certificate of purchase, or any thereof,
shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after any 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 parties of the first part
or of the then owner of said property and without regard to the value thereof, and such Receiver may be appointed
by any court of competent jurisdiction upon ex parte application, and without notice—notice being hereby expressly
waived—and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the
payment of the indebtedness hereby secured, according to law and the orders and directions of the court.
AND, That in case of default 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 partieS of the first part, their executors, administrators or assigns,
then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of sale,
may at once, at the option of the legal holder thereof, become due and payable, and the said property be sold in
the manner and with the same effect as if the said indebtedness had matured, and that if foreclosure be made by the
Public Trustee, an attorney's fee of 1N[1000XOg?t a reasonable amount dasox for services
in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a part of the coats 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 parties of the first par ve hereunto set the' hands
and sesiS the day and year first above written. 49-1 l
` [SEAL]
WITNESS:
STATE OF COLORADO,
} ss.
County of Garfield
r,-b1rr,f9rigoiag instrument was acknowledged before me this day of August
'.-1141-":ise. Chester E. Axthelm and Evelyn R. Axthelm
,(,, 1111111181hOli expires - Z v (, , 19 Witness m
c
1Sd and official seal.
/
.2._
-v14.)
[SEAL]
[SEAL]
Notary Public.
s If by natural person or persona here insert name or names; if by pens acting In representative or official capacity or se attorpeyin-
fact, they insert name of person as executor. attorney-in-fact or other capacity or description; if by officer of corporation, then insert name
of such officer or officer'', as the president or other officers of such corporation, naming It. Statutory Acknowledgment. Sec. 118-4-1 f'olnrado
rrvlaed Statutes 1938.
Book 354
ge 186
661 !t)[ 606
38-11
Recclimpd Nov. 20 1963 at 4:20 P f (7o "r
Rec ion No. 223424 Chas. S. egan,Recorder
No. 9- s COLORADO RELEASE OF DEED OF TRUST
Doc.#223424
Recorded at. o'clock. M.,
Reception No Recorder.
lltnotu aII ipen by *toe pteoents: That, Whereas, .z_..BILTQN..IWIX..e.nd....r....F..,..oREGORL...
of the. County of Cliirtt.e.A , in the State of Colorado, by DEED OF TRUST
dated the.....1.4tb....day of .14,i133AXy , A.D. 19..52., and duly recorded in the office of the
County Clerk and Recorder of the• County ofGarfield. , in the State of
Colorado, on the..25.th. day of ,7i11M34X3 , A.D. 19.52,.., in book 242 at page....*0......
of the record, in said office, convey to the Public Trustee in said County of Carl it1d
certain real estate in said Deed of Trust described, in trust to secure the payment of the indebtedness mentioned therein.
Aa Document No. 178377
ANIS, WHEREAS, Said indebtedness has been paid and the purposes of said trust have been fully satisfied;
NOW, THEREFORE, At the request of the legal holder of the indebtedness secured by said Deed of Trust, and in
considlation of the premises, and in further consideration of the sum of Two Dollars, to me in hand paid, the receipt
whereof is hereby acknowledged, I, as the Public Trustee in said County of Gsaz•Ei,eld
do hereby remise, release and quit -claim unto the present owner or owners of said real estate and unto the heirs, successors
and absigns of said owner or owners forever, the right, title and interest which I have under and by virtue of said
Deed of Trust in and to the said real estate in said Deed of Trust particularly described, reference to which is hereby made
for greater certainty.
TO HAVE AND TO HOLD THE SAME, Together with all 'and singular the privileges and appurtenances
thereunto belonging forever. AND FURTHER, that the said Trust Deed is, by these presents, to be considered u fully
and absolutely released, cancelled and forever di charged.
WITNESS my hand and seal this. 20th day of7..1 November
w
•
As the Public Trustee in said
County of Garfield
By
The Public Trustee is said County of Gintig.14 , Colorado:
Mass coasts this rrtaase. the indebtedness secured by the above mentioned Deed of Trust having been fully paid.
c. t
•
F'''
,-. ,
sTAVI CP-
l -
J
f
• •Y ' i } u
e
The~nkat was acknowledged before me this...2R3..h...day of Asacti0lb01C , A.D. l9..63,
17 B areatsl�nwld .as the Public Trustee in said County of
c$Iif 414.- - ..••.•..t........,.,..., Col«eao.
THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES
By k
ICiean — Vkv Presides*
5
Filed for record NY`tr. 'Z0,
•
Witness my hand and Official Seal.
My Commission expires.
Notary
CHARLES S. KEEGAN
Notary Public
Garfield County
My Commission Expka Fits. 23. 1996
1963 at 4:20 o'clock P.M., Boo
54 Page 186.
No. 10-S Doc.#225210
•
IN THE DISTRICT COURT IN AND FOR
THE COUNTY OF GRFIELD AND STATE
OF COLORADO.
Civil Action No.5584
IN THE MATTER OF THE PETITION FOR THE ORGNIZATION OF
THE WEST DIVIDE WATER CONSERVANCY DISTRICT.
DECREE
Recites that the petition for the organization of said district
was filed in this cause on January 27,1964. That notice was
published in accordance with law in The Glenwood Post,published
in Garfield County,Colorado, and The Aspen Times,published in
Pitkin County,Colorado, for four consecutive issues of each,
and iri the Daily Sentinel,a daily newspaper published at
Grand Junction, Colorado.That no protests were filed. That
a general description of the territory to be included within
the proposed district, which includes parts of Garfield,Mesa
and Pitkin Counties, Colorado, is as follows:
That part in Grfield County,Colorado, embraces with other
property, the property covered by this Abstract of Title.
The District to be divided into five divisions.
ORDERED, ADJUDGED AND DECREED that the same be and is
hereby or ganized,constituted and created as "West Divide
Water Conservancy District",under the "Water Conservancy Act" of the
State of Colorado, as amended, being C.R. S.1953,149-6-1 to
149-6-43.
Done in Open Court
By the Court
Clifford H.Darrow,Judge
Filed for rec ord April 17,1964 at 3:00 o'clock P.M. and
to remain on file.
l ...
No. 11-S
Doc.#231794
Book 370
roeml 17
its. 98.
ler —du—
1AdO3
OlJ3X
Recorded Sept 30, 1965 at 3:50 P.M.
Reception No. 231794 Chas. S. Keegan, Recorder
STATE OF t7OLORADO
DEPARTMENT OF LAW
INHERITANCE TAX DIVISION
RELEASE OF INHERITANCE TAX LIEN
Estate of JOSEPH V BER SHE NY I JR
Date of Death..QQTO8ER 29,1962
Grose Estate $2.7..,4lz1..9
It appearing to the attorney general that it is not necessary to preserve the lien
granted by the Colorado inheritance tax law against the hereinafter described real
estate, in which the above named decedent had an interest, by virtue of the authority
vested in me under the provisions of Sec. 1384-61, CRS., 1953, I do hereby forever
release and discharge the inheritance tax lien against the following described real
estate to-wit:AN UND I Y 1 DFrD 11/50THS INTEREST I N& TO - ALL THAT
'ORT ION OF THE SE --S /� SEC 3 TP 7S RGE 89W 6TH P M. DESCRIBE
S BEGINNING AT-THE1:BETWEEN SCS & 10 T(3&RGE AFO E-
A ID THENCE WEST ON l�INE BETWEEN SAID -- CORNER & NW CORNER F
EC 10 • 717.1 FT THENCE N 0 DEG 50'V -11$ 79 FT THENCE N 1
EG 'E 109.17 FT THENCE N 30 DEG 30 E .15 FT THENCE NORTH
1 DEG 382E 1 6.8 FT THENCE N 47 DEG 23'E 149.7 FT THENCE NCRTH
8 DEB 59'E 169 FT THENCE N 59 DEG 24'E 214.6 FT THENCE N 21 DEG
2 E 75.93 FT. THENCE S 829.66 FT TO PLACE OF 1�3E G INN I NG CONT! I N -
NG 9.044 ACRES ALSQ THE SW SE --k 6E9 3,,THE E SEC 10 TF -E E%I N4.4.1-
ECT
W'
ECT ION 10 THE SSW SVt, SEC 11 & THE E--Nt- & N -A�N,SSE- SECS` ION BALL •
N TP 7S RGE 89w OF 6fH P M. ALSO, TOGETHER WITH/ ANY & ALL C ITCH
ND WATER RIGHTS BELONGING TO OR USED UPON OR IN CONNECTION WITH
ANDS ABOVE DESCRIBED FOR IRRIGATION & DOMESTIC PURPOSES, PART ICU-
ARLY INCLUDINGBUT WITHOUT LIMIT.FiT10N OF THE PREC EpHNG DEECRIP-
ION THE FOLLOWING: AN UNDIVIDED INTEREST IN & TO TE ATKINSON
ITC! ITS ENLAR GEMENTS&EXTE NS IONS BEING D ITCH #30 IN THE DECREES
�►F THE D ISTR ICT COURT OF GARFIELD COUNTY ,COLORADO ,WI TH IN & FOR
DATER DISTRICT 738,AND A LIKE UNDIVIDED INTEREST IN & TO WATER
IORITIES #33,109,147 & 406F CONNECTED WITH SAID DITCH SAID
RIORITIES BEING FOM 4 --MILE GREEK AND CALLING FCR A TOTAL CF
13.2 CUBIC FEET OF, WATER PER SECOND OF T IME,ALSO, ALL R IGHT ,TITLE
INTEREST CF' GRANTORS TO SAID DECEDENT & HIS CO-OWNERS IN & TO A
PRING AND DOMESTIC WATER OBTAINED THEREFROM THROUGH A PIPELINE
XTENDING FROM - SAID SPRING TO RESIDENCE OF ABOVE MENTIONED GRANT-.
RS SAID SPRING SITUATE IN THE NE --NEI- SEC 9 TP7S RGE 89W 6Th PM.
IXCEPT ALL EASEMENTS & R/W OF PUBLIC4AAND PRIVATE NATURE HERETO... '
ORE CONVEYED ALSO TOGETHER WITH ALL IMPROVEMENTS SITUATE UFON
AID LANDS DES�CR IBED;ALSO TOGETHER WITH ALL GRAZING RIGHTS
RIVILEGES OWNED & HELD IN CONNECTION THEREWITH UNDER THE TAYLOR
AZING ACT ON PUBLIC DOMAIN; GARFIELD COUNTY COLORADO
LOT 7 & THE NE -SW -SECT ION 10 & THE NNE* SECT ION 15 TP 7S RGE
89W OF 6TH P M. SU
CONTAINING 157.67 ACRES BJECT TO RESERVATIONS
CONTAINED 1N THE U 8 PATENT FOR SAID LANDS; GARF I ELD COUNTY,STATE
OF COLORADO;
RECORD OWNERS -- JOSEPH V BERSHENY lJOSEPH V BERSHENY I JR
RUDOLPH A BERSHENY l AND ROBERT W BERSHE NY I , AICD THERES; IA
BERSHENYI;
Dated at Denver, Colorado,
DUKE W. DUNBAR,
Attorney General of Colorado.
SEPTEMBER 1. 196.3...
By
NEIL TesnER,
Assistant Attorney General.
Note—This release must be recorded in the office of the clerk and recorder of lb* county in
which the property is cituafo.
Filed for record Sept. 30, 1965 at 3:50 P.M., Book 370, Page 98.
•
A dOJ
ON3X
I
STATE OF COLORADO,
)j ss.
COUNTY OF GARFIELD.
• •
Supplemental of
Nos. 454, 2574 and 2574-B
The undersigned hereby certifies that the foregoing
five entry-ies
number - - 7- S- - to - -11- S- , inclusive, constitute -s a true and correct continuation of
Abstract of Title showing all instruments which appear of record in the office of the County
Recorder of GARFIELD County, Colorado, from August 27, 1963 at 2:45 o' Clock P.M.,
to the day and date hereof affecting the title to
Abs. #454 - The SE*SW* of Section 34, Tp. 6 S., R. 89 W., of the 6th P.M.,
the SW*NE*, S2NW* and Lots 2, 3 and 4; the N2SW+, SWWSW* and
the SE*SW* of Section 3, except that portion heretofore conveyed
out by Document No. 19521, in Tp. 7 S., R. 89 W., of the 6th P.M.
Also the NW*NWI of Section 10, and the NE*NE* of Section 9, all in
Tp. 7 S., R. 89 W., of the6th P.M. Together with the Atkinson Ditch
and the Hammerich Ditch and water right pertaining to said land.
Abs. #2574 - The S2SW*, NW*SWC- of Section 8, and the SE*SE* of Section 7, all
in Tp. 7 S., R. 89 W., of the 6th P. M. Together with the Daniel
Flannery Ditch and the water right connected therewith and per-
taining to said land.
Abs. #2574 -B -The SE*SE* of Sec. 8; the W2NW+, NWiSW* and the E2SW4 of Section 16,
all in Tp. 7 S., R. 89 W., of the 6th P.M.
In GARFIELD COUNTY, COLORADO.
EXCEPTING THE FOLLOWING, TO -WIT:
(1) Instruments pertaining to mining claims, ditches, pipelines, springs, reservoirs, roads,
highways, railroads and other public utilities wherein the descriptions are insufficient to iden-
tify the land abstracted.
(2) Chattel Liens affecting crops, equipment, attachments and fixtures located upon, used
in connection with, or appertaining to said lands.
(3) All Financing Statements or other documents reflecting security interests, or possible
security interests, in crops or fixtures filed in the records of the County Clerk and Recorder,
pursuant to the Uniform Commercial Code, which do not describe the subject property, or any
part thereof, by legal description.
That due to conditions prevailing in GARFIELD County, Colorado, the following excep-
tions are made:
That the undersigned is a duly qualified and bonded Abstracter operating under a license
granted by the State of Colorado, and is a member in good standing of The Colorado Title
Association and of The American Land Title Association.
Dated at GLENWOOD SPRINGS, Colorado, this - - - - twenty- fourth- - - -day of
July, A. D. 19 67. at 8:00 o'clock A.M.
THE GARFIELD COUNTY ABSTRACT COMPANY
Secretary PeasieteGP