HomeMy WebLinkAboutC88-007 release deed of trust for Verona Associatesm
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Recorded at _ o'clock M.,
Reception No. Recorder
RELEASE OF DEED OF TRUST
January 19, 1988 Date
Verona Associates and Grantor (Borrower)
Somerset Associates
Eagle County Original Beneficiary
(Lender)
October 27 1976 Date of Deed of Trust
July 13, 1977 Recording Date of
Deed of Trust
Eagle County County of Recording
D88 -07 -28
7
134
tAG E
"TF, Pflll_LIPS
GTY. RECORDER
JAN E 4 31 '80
153698 Reception and /or Film Nos. of Recorded Deed of Trust
Reception No. Film No.
257 3 6 8 Book and Page of Deed of Trust
Book No. Page No.
TO THE PUBLIC TRUSTEE OF
Eagle County (The Public Trustee to which the above Deed of Trust conveys the said
property.)
ase execute this release, as the indebtedness has been fully paid and /or the terms and conditions of the trust have been
satisfied.
1.4" 3 The County of Eagle, State of
'0 ea�ntBenefice 611x& .ado, by and through its
test: Board of County Commissioners
clerk to the Bbld!fd of County
Commissioners
Name and Title of Agent
By:
Georg Gat6tamm Chairman
KNOW ALL MEN, that the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described
in said Deed of Trust, to the Public Trustee of the County referenced above, in the State of Colorado to be held in trust to
secure the payment of the indebtedness referred to therein.
NOW THEREFORE, at the written request of the legal holder of the said indebtedness, and in consideration of the
premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the
County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real
property, and unto the heirs, successors and assigns of such owner or owners forever, all the right, title and interest which I
have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, to have and to hold the same,
with all the privileges and appurtenances thereunto belonging forever; and further I do hereby fully and absolutel$4ewo
cancel and forever discharge said Deed of Trust.
State of Colorado
County of Eagle
The foregoing instrument was acknowledged before me on
January 2-5, 1988 (date) by
MARY F WALKER as the
Public Trustee of
FAM F County, Colorado.
9—A-91 Date Commission Expires
'BOXY 79
EACTE, COTnRAlln 81611
Notary Address
Original Note and Deed of Trust Returned to:
Received By
by
Public Trustee
Deputy Public Trustee
Witness My Hand and Sa
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No. 904. Rev. 3 -84. RELEASE OF DEED OF TRUST cQ Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 80214 — (303) 233 -6900
4 -86
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` D r'D OF -TRUST TO PUBLIC TRUSTEE
TiAS I. :.)c:N_'URE, Bade this- 27th day of October, 1976, between
And' tt'
their heirs,
�I
7�SSOCIATES and SO ._,SET ASSOCIATES whose addxes �ws
that at the f
they were wel
C/o 816 Colorado Avenue, Glenwood;Springs, County of Garfield,"
and that said
whatsoever,. e
c
a -d States of Coloraao{ parties of "the first -paxt, and the'.'Publs `. :t� of record or
'
`
Subdivision N
Trustee of the County of Eagle,, in the State of Colorado, 'party-.-
against said
• "prior
encumbr
of the second part, PLT.TNESSETH: `- =
and in case o
THAT WHEREAS, the parties of the first part have executed
And it
in performanc
their agreement with Board of County Commissioners of Eagle County
or agreements
at the option
bearing even date herewith, for the construction of a road within
anything in s
possession of
the Peachblow Subdivision No. 3 pursuant to Section 4.03 .02(e)
beneficiary..'
of the Eagle County Subdivision Regulations at an estimated cost
IN WIT'
hereunto set
of $ 10,000.01) said construction to be completed within,24
written.
months of date. The bridge is completed, the road has been graded, the gravel-; WITNESS:
is yet to be applied.
AND WHEREAS, The said parties of the first part are desirous
of securing the performance of said agreement;
''OW, THEREFORE, The said parties of the first part f or' the
purpose aforesaid, do hereby grant, bargain, sell, and convey
MISS
unto said Public Trustee the following-described property,' situate
STATE OF QMOS.1
COUNTY OF JA(
in the County of Eagle andiState of Colorado, to wit:
Lot One, Peachblow No.-3 Subdivision
The foi
TO HAVE AND TO HOLD, The same together with all and singular
47thdalr :.of
the privileges and appurte .ances thereunto belonging in trust
nevertheless, that in case,of default in the performance of said
agreement or any part thereof, then upon the beneficiary hereunder.
, -0,..o
filing notice and demand, it shall be lawful for said Public
y cgttio
Trustee to sell said property in the manner provided by law for-
���'LiCP7%tnes
cash at public auction at the front door of the Court House in
;'�
the County of Eagle in the State of Colorado, upon advertising
notice of sale weekly, for not less than four weeks, in so "re „_ : >_:
Cit!'�`•, ``'
newspaper of general circukation, and after the expiration of the
time of redemption, to makla and deliver to the purchaser or pur-
chasers or his, her or their assigns, a deed or deeds of convey-
ance to the property sold, and out of the proceeds of such sale,
after first .laying and retaining all fees, charges and costs, and
all money advanced for tares, insurance and assessments, or on any
prior encumbrance, with interest thereon, to pay the amount due on
.,L_d acrre_ment, renderinc..the overplus (if any) pnto the said
parties of t`;e first part,-their legal representatives or assign's
and tLe said ben -fic ary may purchase said property or any part
And the said parties of'th_ ,y
their heirs, executors and'adr^'nistrators, covenant, and agree
that at the time of the ense-_.ing and delivery of these presents,
they were well seized of t'_ above described premiE3s in fee simple,
and that said property is free and clear of all liens and encumbrances
whatsoever, except patent reservations, easements and rights -of -way
of record or in use and the protective covenants for Peachblow
subdivision No. 3 and that they will pay all taxes or assessments
against said property, and any amounts due or becoming due on any
prior encumbrance, and if a release be desired, the expense thereof,
-and in case of foreclosure, a reasonable attorney's fee;
And it is stipulated and agreed that in case of default
in performance-as aforesaid or a breach of any of the covenants
or agreements herein,, then said-principal sum hereby secured may
at the option of said beneficiary become due and payable at once,
anything in said agreement to the contrary notwithstanding and
possession of said property will thereupon be delivered to said
beneficiary.
IN WITNESS 71HEREOF, The said parties of the first part have
hereunto set their hands and seals the day and year first above
written.
WITNESS: VERONA ASSOCIATES
� /7 /
By l L�'% ? A�
SOMERSET'S ASSOCIATES
MISSOURI By -
STATE OF MMMMMO )
) ss.
COUNTY OF JACKSON )
The foregoing instrument was acknowledged before me this
.•27.th8ay:,of October , 1976, by
commission expires: September 28, 1977
`.• USLECWitness my hand and of ial seal.
i Notary Public
Joy Mc uire
-1-53G9 S
OTATE OF COLORADO 2 �.
Court' of EAGLE i
I eu • urtfa t."11 Wit Inttnzx
Fhd r tteord In .. ^q Orse to
-- JUL 13 11j'77
SII rft.L Vi1. •CY a :eC6
sL.0
D88 -07 -28
r� c�
p Commissioner moved adoption
of the following Resolution.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
PAG / (I
E..- &Z
[6E 1*TE PHILLdPS
RESOLUTION NO. 88- ,/' ,.; C`TY. RECORDER
JAN 25 4 31 P '88
RELEASE OF DEED OF TRUST
AND INDEMNIFICATION OF THE EAGLE COUNTY PUBLIC TRUSTEE
FROM ANY LIABILITY CONNECTED WITH SUCH RELEASE
PEACHBLOW SUBDIVISION NO. 3
4
CM
RESOLVED that the Board of County Commissioners of the
C
County of Eagle, State of Colorado ( "Board ") , a body corporate
and politic, with its principal offices at P.O. Box 850, Eagle,
Colorado, 81631, does hereby certify that a certain promissory
note and /or agreement, secured by a Deed of Trust executed by
Verona Associates and Somerset Associates, in the amount of
$10,000.00, dated October 27, 1976, has been lost; said note and
the terms of said agreement have been fully paid and satisfied.
The foregoing promissory note and /or agreement were secured by a
Deed of Trust executed by Verona Associates and Somerset Associ-
ates in favor of the Board of County Commissioners of Eagle
County, dated October 27, 1976, and recorded in the office of the
Clerk and Recorder of Eagle County, State of Colorado, on July
13, 1977 in Book 257 at Page 368.
al�
RESOLVED that said Public Trustee of the County of
Eagle, State of Colorado, is hereby indemnified from any loss or
damage, past or to come, from said release of Deed of Trust
described above.
MOVED, READ AND ADOPTED by the Board of County Commis-
sioners of the County of Eagle, State of Colorado, at its regular
meeting held the 19th day of January, 1988.
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
eorge KI.r Gates, Chairman
- \'\)� 2�L
Donald H. Welch
Commissioned
Rich rd �afson
'
Commis on
Commissioner l seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
Commissioner George A. Gates
Commissioner Donald H. Welch'
Commissioner Richard L. Gustafson cQi
This Resolution passed byit�iY7� �i�lifs vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
-2-
6J
CLERK'S CERTIFICATE
I, Johnnette Phillips, do hereby certify that I am the duly
appointed, qualified and acting Clerk and Recorder of the County
of Eagle, State of Colorado; and I further certify that the
foregoing is a full, true and correct copy of a resolution
adopted at a meeting of the Board of County Commissioners of the
County of Eagle, State of Colorado, duly and regularly held on
the 19th day of January, 1988, at which a quorum of the Board of
County Commissioners was present and acting; and I further
certify that said resolution is in full force and effect and has
not been vacated or set aside and that the signatures of the
respective Commissioners appearing on this instrument are the
true signatures of the respective Commissioners whose signatures
they purport to be.
(') / -_,
Johnnette, Clerk to th6 Board
of County Commissioners of the
County of Eagle, State of
Colorado
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