HomeMy WebLinkAbout1.01 Zang Property Line Agreement980202 10/11 /2022 02.49.48 PM Page 1 of 16
Jean Alberico, Garfield County, Colorado
Rec Fee: $88.00 Doc Fee: $0.00 eRecorded
THIS AGREEMENT is made by and between Lyman Fogel, whose address is 501
Ingersoll Lane, Silt, CO 81652 ("Fogel") and the Zang Family Trust, whose address is 415
County Road 250, Silt CO 81652 (the "Trust") and is deemed effective the day last signed by
the parties as shown on Page 4 hereof.
WHEREAS, Fogel
Colorado,described in the deed recorded in the Garfield County Clerk and Recorder's Of
at Rec. No.described as Garfield County Assessor's Parcel No. 21253030008
locatedwhich is in Range 91, which is more particularly described in Exhibit
r,■■
WHEREAS, the Trust is the record title owner of certain .' property
Colorado, described in the deedI
' ' -d as Garfieldo Parcel
212725100002, which is located in Range 92, which is more particularly described
Exhibit i Property");
11'AEREAS, the western boundary of the Fogel Property is adjacent to part of the
eastern boundary of the Trust Property (the "Fogel/Trust Property Boundary"), and a dispute
has arisen between Fogel and the Trust about the location of the Fogel/Trust Property
Boundary.
WHEREAS, Fogel and the Trust believe it is the interest of their respective properties
to facilitate a natural buffer between the properties for various reasons, including ecological
and aesthetic benefits.
WHEREAS, Fogel and the Trust desire to enter into this Agreement to settle and
resolve the dispute regarding the Fogel/Trust Property Boundary on the terms set forth below.
NOW, THEREFORE, for good and valuable consideration, including without limitation
the avoidance of litigation between the parties, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Recitals. The recitals set forth above are incorporated by reference herein as
affirmative and material representations and acknowledgements of the parties hereto.
. Boundary. The parties acknowledge and agree that the line separating Range
91 from Range 92 constitutes the Fogel/Trust Property Boundary. The Fogel Property, part of
the Trust Property, and the Fogel/Trust Property Boundary (i.e., the line separating Range 91
from Range 92) are depicted on the attached" Exhibit C.
3. New Boundary Fence. Fogel may construct a fence on the Fogel/Trust Property
Boundary. Unless otherwise agreed to by the parties, Fogel shall construct a lawful fence as
defined by C.R.S. § 35-46-101(1).
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Jean Alberico, Garfield County, Colorado
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4. No Build Zone. Fogel agrees to the designation of a "No Build Zone" within the area
marked on Exhibit D as the "Area of Adverse Possession Claim". For future reference in locating the
eastern extent of the No Build Zone on the Fogel property, the alignment of the Historic Zang Fence
line labeled "Wire Fence Line" in Exhibit ID shall be marked by Fogel and Trust by plastic -capped
survey pins placed at regular intervals along that alignment. Except for the new Boundary Fence, no
other improvements will be located within the No Build Zone, except fencing may be erected.
5. Protection of Planted Vegetation.. The Trust, by and through members of the
Zang/Cretti family, claim to have historically} d from time to time ,
necessary re-established native trees, shrubs, d plants . Build
outcroppingsnatural stone crevice .
habitat,. i.e erosion control,x opasture in the No Build Zone. 11
The Trust has marked the location for identification all items that constitutes "Historic
Vegetation.
Fogel agrees that he will not remove, damage, or take any destructive action that will
harm any of the Historic Vegetation, existing vegetation, rocks, or soil within No Build Zone. It
is expressly agreed that the No Build Zone may be used by livestock and that any removal or
other disturbance of Historic Vegetation, existing vegetation, rock or soil that is reasonably
necessary for the protection of the Fogel Property or , public health, safety and welfare will not
constitute a breach of this Agreement.
6. Fo el� 's Payment to Trust. Fogel shall pay the Trust $34,820.00, which is the
sum of the following, $20,000.00, $10,320.00 for fencing on the Trust Property, $2,000.00 for
reimbursement of the Trust's survey costs, and $2,500 payment to the Trust for the relocation
of an irrigation riser on the Trust Property.
Except for the payment to the Trust of $2,500 for the relocation of the irrigation
riser, which payment shall be paid to the Trust within thirty (30) days of the execution of this
Agreement, Fogel will pay the remaining balance of $32,320 to the Trust within one (1) year of
the execution of this Agreement or within ten (10) days of Fogel's transfer of title to the Fogel
Property or any portion thereof, whichever occurs sooner. The payment shall be made to the
Trust at the address set forth above and shall be represented by a Promissory Note (in the form
attached hereto as Exhibit E) payable by Fogel to the Trust, which Note is to be secured by a
Deed of Trust encumbering the Fogel Property Note (in the form attached hereto as Exhibit ).
7. No Opposition to Subdivision of Fogel Property. On May 16, 2022, Fogel
submitted to Garfield County a minor subdivision application for the Fogel Property ("Minor
Subdivision Application"). The Trust has informed Garfield County that there is a boundary
dispute between the Trust and Fogel. Immediately upon mutual execution of this Agreement, the
Trust shall inform Garfield County that the boundary dispute has been resolved. Furthermore,
neither the Trust nor its agents or representatives may submit to Garfield County any opposition
or objections, or participate in any manner in any opposition or objections, to the Minor
Subdivision Application or any subdivision application for the Fogel Property that is substantially
similar to the Minor Subdivision Application.
Page 2 of 5
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Jean Alberico, Garfield County, Colorado
Rec Fee: $88.00 Doc Fee: $0.00 eRecorded
. Mutual Release. Fogel and the Trust hereby release one another as well as their
agents, representatives, contractors, attorneys, employees, tenants, successors and assigns from
any and all claims that either of them may have relating to the Fogel/Trust Property Boundary
or claims that either of them have related to the other party's property, including but not
limited to claims for trespass, property damage, adverse possession, attorney fees, costs,
expenses, and consequential damages, or any other claim at law or equity, known or unknown,
that may exist up to and including the date of this Agreement.
9. No Admission of Liability. Neither the payment of any consideration nor any
other term of this Agreement shall be construed as any admission of liability or wrongdoing by
any party hereto. Any such liability or wronging is denied.
1. Waiver of Mistake. Each party acknowledges that he, she or it may hereafter
discover facts or law different from or in addition to those that he, she or it now knows or
believes to be true with respect to the subject matter of this Agreement and agrees that this
Agreement shall be and remain effective in all respects. The parties each expressly waive
the benefits of any statutory provision or common law rule that provides, in sum or substance,
that a release does not extend to a claim that the party does not know, or suspects exists that
would have materially affected the settlement described herein.
11. Severability. Should any provision of this Agreement be held illegal or
unenforceable, all remaining provisions shall remain in effect and shall be construed to
effectuate, as nearly as possible, the original intentions of the parties hereto based upon the
entire agreement, including the invalidated provision.
12. Covenant Running with the Land; Binding Effect: Amendments. The
provisions of this Agreement are a covenant running with the land and shall extend to and
be binding upon the heirs, executors, administrators, personal representatives, successors,
and permitted assigns of Fogel and the Trust. This Agreement may not be amended except
in writing signed by all parties hereto.
13. Enforcement-, Indemnification. This Agreement shall be construed under
Colorado law. To the fullest extent permitted by law, each Party (an "Indemnifying Party")
agrees to protect, hold harmless and indemnify the other Party (the "Indemnified Party") from
and against all damages, liens, claims, losses, debts, expenses, and liabilities, for personal injury
or death or property damage, and attorneys' fees and costs (whether incurred before or after suit),
which may be incurred by the Indemnnified Party and which arise in any way out of a breach of
any of the promises, covenants and agreements herein made by an Indemnifying Party. In the
event of an action to enforce it rights under this Agreement, , the prevailing party shall be
entitled to recover its attorney fees and costs in addition to any other remedies at law or equity.
Agreement14. Entire Agreement. Except as otherwise set forth herein, this
agreements and understandings • address
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Jean Alberico, Garfield County, Colorado
Rec Fee- $88.00 Doc Fee- $0.00 eRecorded
15. Authority. Each person executing this Agreement warrants that he/she is such
4�1
person and that he/sheds fully and legally empowered to eXeCUIC and deliver this Agreement
on behalf of the. respective parties. Further, each party represents that it has full authority to
release the other party from the claims as described in paragraph 8.
16. Recordation-,- UP011 Mutual execution, the Parties may record this Agreement
with the Garfield County Clerk and Recorder.
SO AGREED as-ofthe mostrecent date set opposite the signatures below.
!M
By:
t�ohn Cretti, Trustee
Date: October -1 , 2022
Mff 1-3reff"11TTIREPRINIM
[Yolory Blocks on Follotving Page]
Page 4 of 5
980202 10/11 /2022 02-49-48 PIVI Page 5 of 16
Jean Alberico, Garfield County, Colorado
Rec Fee- $88.00 Doc Fee- $0.00 eRecorded
S"AI l", OF
COUN YY ()F-Z1-41 J
I -
The f, instrument was acknowledged before me this 7 clay of
ore oing t:�
2022 by Lyman Fogel.
Witness iny hand and official sea].
1=1
Notary Public
STATE OF COLORADO
ss.
COUNTY OF GARFIFIA)
'rhe foregoing instrument was acknowledged before me this 6 Ih day of October 2022 by
John Cretti, Trustee of the Zang Family Trust.
Witness my hand and official seal.
ROBERT MAXWELL NOONE
Notary Public
State of Colorado
Notary ID # 20124079487
MvCornrnission Expires 12-18-2024
Notary Public
pagc 7 (?/ 5
7
980202 1 [/1 1/2027 07-49-48 PIVI Page 6 of 16
Jean AlberiCo.Garfield County, Colorado
Rec Fee- $88.00Doc Fee- $0.00 eRecorded
A parcel of land situated in Lot % of Section 30. Township S South,
Range 97 Kest of the Sixth Principal Meridian, Garfield County,
Colorado, being more fully described as follows:
Beginning at a stone found in place and properly marked for the Hest
Vua�'ter Corner of said Section 30' thence North 89037 3O" East
764.13 feet along the northerly line of said Lot 3� thence South
07026'80" East 950.01 feet; thence South 8902115^west 176.67 feet;
thence South 00022'40' East 361.61 feet, more or less, toa point
on the southerly line of said Lot 3; thence South 89031'15^ Nest
along the southerly line of said Lot 3. 064.46 fcet` more or less,
to a point on the westerly line of said Lot 3; thence North 0UP24'80^
West along the westerly line of said Lot 3, 1312.87 feet, more or less
to said Quarter Corner, the point of heginn:nU.
Together with a non-exclusive easement and right-of-way for access
and utility purposes over and across the northerly 35 feet of said
Lot 3 and the easterly 35 feet of said Lot 3 northerly from the
intersection of the county road known as Ingersoll Lane with the
East line of said Lot 3.
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Jean Alberico, Garfield County, Colorado
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Exhibit B
(Trust Property)
Tracts 31, 32, 33 and 48 in Section 15, Trox-riship 5 South, Rangc-92- West of the 6"' P.M, as
shown on Plat No. I of the Antlers Orchard Development CompanY filed for record in the office
if Qe 6arfliIj Coo -
5 South, Range 92 West of
980202 10/11 /2022 02-49-48 PM Page 8 of 16
Jean Alberico, Garfield County, Colorado
Rec Fee- $88.00 Doc Fee- $0.00 eRecorded
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980202 10/11 /2022 02-49-48 PM Page 9 of 16
Jean Alberico, Garfield County, Colorado
Rec Fee- $88.00 Doc Fee- $0.00 eRecorded
OWNIT
9 31 'a
- - - - - - - - - - - - - - - - -
OWNER:
PANG FAMILY TRUST
425 COUNTY ROAD 250 -SILT
PARCEL NO. 212 725100002
TRACT 48
OWNER:
,y"AN F')GTL 501 INGERSOLL LA NE • SILT
PARCEL NO. 21253030055
III A'
LEI rott
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t
N
A
LEGEW
ANOLrPOINrOF FENCE SCALE., 1" 200'
ZANG FAMILY TRUST
415 COUNTY ROAD 250 - SILT
COUNTY OF
GARFIELD - STATE OF COLORADO
I 0Ilk
TRUE N ' RUT ly
TRUE NORTH COLORADO LLC.
ALAND SURVEYING AND MAPPING COMPANY
COLORADO-
P-0. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTILL COLORADO $1647
A LAND SURVEYING AND MAPPING COMPANY
(970) 984-0474
�.trueno ca am a.mm
980202 10/11 /2022 02-49-48 PM Page 10 of 16
Jean Alberico, Garfield County, Colorado
Rec Fee- $88.00 Doc Fee- $0.00 eRecorded
1 WA 41, 11 1H, 1, a
U.S. $34,820.00 October 2022
Glenwood Springs, Colorado
I . FOR VALUE RECEIVED, the undersigned LYMAN FOGEL, whose address is 501
Ingersoll Lane, Silt, CO 81652 ("Borrower") promises to pay to the order of the ZANG
FAMILY TRUST, whose address is 415 County Road 250, Silt CO 81652 ("Note Holder"), the
principal sum of THIRTY-FOUR THOUSAND EIGHT HUNDRED TWENTY AND
NO/100 DOLLARS US ($34,820.00) with no interest.
2. Each payment shall be payable to the Note Holder at 415 County Road 250, Silt CO
81652 or such other place as the Note Holder of this Note may designate as follows, with no
interest.
of which installments in the amount of THIRTY-TWO THOUSAND THREE HUNDRED
TWENTY AND NO/00 DOLLARS ($32,320.00) is due on or before twelve months from ths
date first set forth above..
4. If any payment required by this Note is not paid within Fifteen (15) days' Notice
of Default is delivered by Holder to Borrower, the entire principal amount outstanding shall
at once become due and payable at the option of Note Holder (Acceleration) who may then
shall thereafter bear default interest at the rate of Ten Percent (10%) per annum from the
date of default until paid in full. The Note Holder shall be entitled to collect all reasonable
costs and expense of collection and/or suit, including, but not limited to reasonable
attorneys' fees.
5. Borrower shall pay shall timely pay all taxes and assessments levied on the property; and
will keep all improvements that may be on said lands insured against any casualty loss, including
extended coverage, which will yield to the Note Holder, after reduction by any co-insurance
provisions of the policy, if any, not less than the then total indebtedness. Each policy shall
contain a loss payable clause naming the Note Holder as an additional insured and shall further
7,r*viie tkzt tke iiisyrzace MwyA#i vy*A less tk2K teA i?*tice t* the Ngte
Holder. At the option of the Note Holder, the original policy or policies of insurance shall be
insure and deliver the policies or to pay taxes or assessments as the same fall due, the Note
Holder may make any such payments or procure any such insurance, and all monies so paid with
interest shall be added to and become a part of the amount due under this Note. Furthermore,
failure to make these payments and/or hold such insurance shall be considered a default in the
terms and conditions of this Note.
Promissory Note
Page 1 of 2
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Jean Alberico, Garfield County, Colorado
Rec Fee- $88.00 Doc Fee- $0.00 eRecorded
6. Payments received for application to this Note shall be applied first to the payment of
accrued interest as provided in this Note, if any, second to any obligations required to be made
by Borrower pursuant to the terms of this Note and the Deed of Trust securing this Note, and the
balance applied in reduction of the principal amount hereof.
7. Borrower may prepay the principal amount outstanding under the Note, in whole or
in part, at any time without penalty.
8. Borrower hereby waives all notices required by law; including without limitation
presentment and demand for payment, protest, and notice of demand, dishonor and
nonpayment.
9. Any notice to Borrower provided for in this Note shall be in writing and shall be given
and be effective upon (1) hand delivery to Borrower (2) Email to Borrower at
or (3) the mailing such notice by first-class U.S. mail,
addressed to Borrower at the Borrower's address stated above, or to such other U.S. mail or
Email address as Borrower may designate by notice to the Note Holder. Any notice to the Note
Holder shall be in writing and shall be given and be effective upon (1) hand delivery to Note
Holder or (2) upon sending by email or (3) on the date of mailing such notice by first-class U.S.
mail, addressed to Note Holder at the Note Holder's address stated above, or to such other U.S.
mail or Email address as Note Holder may designate by notice to the Borrower.
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing Promissory Note was acknowledged before me this day of October
2022 by LYMAN FOGEL.
WITNESS my hand and official seal.
Notary Public
Promissory Note
Page 2 of
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Jean Alberico, Garfield County, Colorado
Rec Fee: $88.00 Doc Fee: $0.00 eRecorded
Jhr ,
COLORADO
THIS INDENTURE is made this day of October
FOGEL, whose address is 501 Ingersoll Lane, Silt, CO 81652 ("Borrower"), and the PUBLIC
TRUSTEE OF COUNTY OF GARFIELD, in the State of ,
benefit- address is 415 Countv Road 250.i
t', F FLY M a Wmy
!• •, 1 1 (lie a i .., anci
the second of which installments in the amountTWO THOUSAND
HUNDRED TWENTY AND NO/00 DOLLARS ($32,320.00) is due on or before twelve
months from the date first set forth above.
t WHEREAS,Borrower desires to secure the payment of principal t interggi
underallote;
11 Off, TAE?C�FO.4�,, the Borrower, in consideration of the premises and for the
[i,urposes aforesaid, does herebybargain, sell and convey unto the Trustee,forever,
followingthe described property Property) situated in the County of Garfield, State of
Colorado,
See EXHIBIT A, attached,
known as 501 Ingersoll Lane, Silt, CO 81652
TO HAVE AND TO HOLD the same together with all easements, water and water rights,
ditch and ditch rights, rights of way, rights, privileges and appurtenances to the same, including
but not limited to all and singular the buildings and improvements now and hereafter thereon,
and together also with all shades, wall-to-wall carpeting, screens and screening, awnings, plants,
shrubs, fencing, landscaping, elevators, plumbing materials, gas and electric equipment, and all
heating, cooling, air conditioning, and lighting fixtures, equipment, and apparatus now or
hereafter attached to or a part of the Property, all of which shall be deemed realty and conveyed
by this Deed of Trust, and all income, rents and profits which may arise or be had from any
portion or all of the Property; IN TRUST NEVERTHELESS, and time being of the essence
hereof, in the case of default under the Note, or any part thereof, or in the payment of principal or
interest thereon, according to the tenor and effect of the Note, or in the payment of any prior
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Jean Alberico, Garfield County, Colorado
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encumbrance, principal or interest, or in case default shall be made or in case of violation or
breach of any of the terms, conditions, covenants or agreements herein contained or contained
within an agreement for assignment of rents by separate document, the Lender may file notice
with the Public Trustee declaring such default, violation or breach and his election and demand
for sale in writing, as provided by law, and requesting that the Property be advertised for sale and
sold in accordance with the laws of the State of Colorado. Upon receipt of such notice of
election and demand for sale, the Trustee shall cause a copy of the same to be recorded in the
Recorder's office of the county in which the Property is situated, and thereupon the Trustee shall
sell and dispose of the Property herein described and all the right, title and interest of the
Borrower, his heirs or assigns therein, at public auction at the front door of the Courthouse or
City and County Building in the County of Garfield and State of Colorado, or on said premises,
public notice having been previously given of the time and place of such sale, in accordance with
the laws of the State of Colorado, in some newspaper of general circulation at the time published
in said County, together with such other notice, if any, as may then be required by law, and shall
issue, execute and deliver a certificate of purchase, trustee's 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 sale, after
first paying and retaining all fees, charges and costs of making said sale, including a reasonable
sum of attorney's fees, pay to the Lender hereunder the then existing amount of indebtedness
secured hereby rendering the overplus, if any, unto the Borrower or unto his legal
representatives, successors or assigns or unto such other parties as may be entitled thereto by
law, provided that it shall not be the obligation of the Lender to see to the application of such
funds. The Lender may purchase the Property or any part thereof at such sale.
The Borrower, for himself and for his heirs, successors d assigns, covenants
to and - Trustee, that at the time of the ensealing and delivery
seized of the said lands and tenements in fee simple, and has good right, full power and lawftil
2uthority to grant, bargain, sell and convey the same in manner and form as aforesaid; hereby —
fully r absolutely + r' subordinating all rights
said land, tenements, and property * ,r Exemption or other r, ♦under
rGeneral of - *f Cmislora4m girl
assigns,person persons lawfully claiming or to claim the whole or
part thereof,Borrower E defend.
In the case of any default or breach under the terms and covenants of this Deed of Trust,
the Lender hereunder shall at once become entitled to the possession, use and enjoyment of the
Property and to the rents, issues and profits therefrom, from the date of the accruing of such right
and continuing during the pendency of foreclosure proceedings and the period of redemption, if
there be any. Such possession shall be at once delivered to the Lender or the holder of the
certificate of purchase upon request and upon refusal the delivery of such possession may be
enforced by the Lender or the holder of the certificate of purchase by an appropriate civil suit or
proceeding. The Lender or the holder of the certificate of purchase shall be entitled to a receiver
of the Property to receive the rents, issues and profits therefrom after any such default, including
the time covered by foreclosure proceedings and the period of redemption. The Lender or the
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Jean Alberico, Garfield County, Colorado
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holder of the certificate of purchase shall be entitled to appointment of a receiver as a matter of
right without regard to the solvency or insolvency of the Borrower or of the then owner of the
Property and without regard to the value of the Property. Such receiver may be appointed by any
court of competent jurisdiction upon ex-parte application and without notice, notice being hereby
expressly waived. All rents, issues, profits, income and revenue from the Property shall be
applied by such receiver to the payment first of the fees and costs of such receivership
proceeding and then to the indebtedness secured hereby according to law and the orders and
directions of the court. The fees of any such receiver, attorney's fees incurred in appointment of
the receiver and administration of the receivership estate and all costs, including court costs,
shall be the liability of the Borrower, his heirs, successors and assigns and shall be due and
payable upon demand. Failure to pay said fees and costs upon demand shall be a breach of the
terms of this Deed of Trust.
The Borrower, for himself and for his heirs, successors and assigns, covenants and agrees
to maintain the Property in good and safe repair, not to abandon the Property and not to permit
any waste which would impair the value of the security, which waste may consist of, but is not
limited to neglect in the repair and maintenance of the improvements.
If the Property or any part thereof shall be condemned and taken under the power of
eminent domain all damaaes and awards for the Proyertl,, so taken. shall be a3;FIied at the o�ation
of the Lender either to the repayment of the indebtedness secured hereby or to the rebuilding,
repair . • restorationof the lands and/or1. damaged by : # taking. Any balance o
damagessuch or awards remapplication as aboveforth
Borrower.
If Borrower fails to perform the covenants and agreements contained in this Deed of
Trust or if any action or proceeding is commenced which affects Lender's interest in the Property
or the validity of # \. including, but ! to, actions
# # # \ \ \ .
decedent's estate, or actions by parties claiming an interest senior and paramount to the lien of
this Deed of Trust, or if it becomes necessary for beneficiary to file an action to uphold the lien
of this Deed of Trust, then beneficiary shall have the right to employ its own legal counsel to
defend, pursue, compromise, negotiate, or prevent any such litigation and all sums expended by
Lender including reasonable attorneys' fees and other costs in connection with any such legal
action 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 encumbered hereby, if not otherwise paid by
Borrower. The failure of the Borrower to pay Lender all such sums expended immediately upon
r payable.
In the case of default in any of the payments of principal or interest, according to the
tenor and effect of the Note secured hereby, or of a breach or violation of any of the covenants or
agreements contained herein, or incorporated herein, by the Borrower, his executors,
administrators or assigns, then, and in the case of any of said events, the whole of said principal
sum secured hereby and the interest thereon to the time of sale, may at once or at any time
thereafter at the option of the bender become due and payable and the Property be sold in the
manner and with the same effect as if the indebtedness had matured and, if foreclosure be made
by the Public Trustee, an attorney's fee of a reasonable amount for services in the supervision of
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Jean Alberico, Garfield County, Colorado
Rec Fee: $88.00 Doc Fee: $0.00 eRecorded
i
of the sale of ��aid Pr-- ,
taxedfee shall be by the court as a part of the costs of such foreclosure proceedings and such
fees and costs shall be treated as a part of the indebtedness secured hereby-. from
the proceeds of the sale of the Property.
In the event that any provision or clause of this Deed of Trust conflicts with applicable
law, such conflicts shall not affect or invalidate other provisions of this Deed of Trust which can
be given effect without the conflicting provision. To this end, the provisions of this Deed of
Trust are declared to be severable. The law of Colorado shall govern the construction,
enforcement and interpretation of this Deed of Trust. The parties agree that this Deed of Trust is
made in the State of Colorado.
The covenants herein contained shall bind, and the benefits and advantages hereof shall
inure to the respective heirs, executors, administrators, successors and assigns of the parties
hereto. Whenever used herein, the singular number shall include the plural and conversely, and
the use of any gender shall be applicable to all genders. Whenever the term "Lender" is used
herein, it shall include the legal holder or holders of the Note or of the indebtedness secured
hereby or, where applicable, the holder of a certificate of purchase. Assignment or negotiation of
the promissory note secured hereby shall also be an assignment of the Lender's interest under this
Deed of Trust. In particular, without limitations, the word "Note" or the words "Promissory
Note" shall be singular or plural as the case may be.
IN WITNESS WHEREOF, the Borrower has hereunto set his hand and seal the day and
year first above written.
BORROWER.
STATE OF COLD DO )
COUNTY OF GARFIELD )
The foregoing Deed day of October 2022 by
Notary Public
98020210/11/202707-49-48 PM Page16 of16
Jean AlberiCo.Garfield County, Colorado
Rec Fee- $88.00Doc Fee- $0.00 eRecorded
WUNIM"..
A parcel of land situated in Lot 3 of Section 30, Township 5 South,
Range 91 West of the Sixth Principal Meridian, Garfield County.
Colorado, being more fully described as follows:
Beginning at a stone found in place and properly marked for the West
Quarter Corner of said Section 30, thence North 89037'30" East
764.13 feet along the northerly line of said Lot J; thence South
0026'00" East 950.01 feet; thence South 89031'15" Nest 116'67 feet;
thence South 00022'40" East 361.81 feet, more or less, toa point
on the southerly lino of said Lot 3; thence South 89031'l5" Nest
along the southerly line of said Lot 3, 564.46 feet, more or less'
to a point on the westerly line of said Lot 3; thence North 0OP24'00"
Nest along the westerly line of said Lot 3^ 1312.87 feet' more or less*
to said Quarter Corner, the point of begion-ng.
Together with a non-exclusive easement and right-of-way for access
and utility purposes over and across the northerly 36 feet of said
Lot 3 and the easterly 36 feet of said Lot 3 northerly from the
intersection of the county road known as Ingersoll Lane with the
East line of said Lot 3.