HomeMy WebLinkAboutC81-036 Eby Creek Mesa_payment$6. 00pd ':"
Boo 331
Pad 639
P November 4, 1981 ""'� ~'� Fee
Recorded at 2 ' �� —'clock M.,
Reception No. 227 J o h n n e t t e PhRecorder Ea g l e
THIS INDENTURE, Made this 2 8th day of October , 19 81 , between
EBY CREEK MESA, a General Partnership,
whose address is 243 Howard St. Eagle,, Colorado
part y of the first part, and the Public Trustee of County of Eagle
in the State of Colorado, party of the second part, Witnesseth:
THAT, WHEREAS, The said
• EBY CRE K
ha s executed its ssory note- bearing even date herewith, for the principal sum of
Two Million Three Hundret�Seventy Thousand & nd/100-----=--=-- Dollars,
payable to the order of THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY
whose address is Eagle, Colorado
after the date hereof, with interest thereon from the date thereof
ii,at the rate of 0 percent per annum, payable in a principal amount equivalent to
Payeeis :damages resulting from payor's breach.of the terms of that
.'(1; ".•''' certain Subdivision Improvements Agreement between the parties here-
',, () i to '-of even date and filed of record concomitantly herewith.
j
I� AND WHEREAS, The said part y of the first part is desirous of securing payment of the
principal and interest of said promissory note in whose hands soever the said note or any of them may be.
iNOW, THEREFORE, The said part of the first part, in consideration of the premises and for the purpose aforesaid,
;1
do e g 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 Eagle , State of Colorado, to wit:
wn
Lots 109 through 111, inclusive;
Lots 120 through 124, inclusive;
Lots 145 through 149, inclusive;
Lots 180 through 184, inclusive;
Lots 186 through 215, inclusive;
EBY CREEK MESA Subdivision, accord—
ing to the recorded plat thereof of
even date.
also known as street and number.
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, or 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 encumbrances, principal or interest, if any, or in case default shall be made in or in case of
violation or breach of any of the terms, conditions, covenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured
hereby may declare a violation of any of the covenants herein contained and elect to advertise said property for sale and demand such sale, then, upon 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 second part to
sell and dispose of the same (en masse or in separate parcels. as the said Public Trustee may think best), and all the right. title and interest
of said part y of the first part, its heirs or assigns therein, at public auction at the East front door of the Court House, in the County of
��++� , State of Colorado. or on said premises, or any part thereof as may be specified in the notice of said sale, for the highest and best
price the sFWLQ9ring 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 Eagle . a copy of which notice shall be mailed
within ten days from the date of the first publication thereof to the said part v 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 afthe 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 therefor. and the time when the purchaser or purchasers (orother person entitled
thereto) shall be entitled to adeed ordeeds therefor, unless the same shall be redeemed as isprovided 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 quit -claim to such person or persons entitled to such deed, as grantee,
the said property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of the part y of the first
part, its 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
therein 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 assignment 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 fees.
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 at 8 per cent per annum, rendering the overplus. if any. unto the said part y of the first
Part• i t s 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
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said part y of the first part, its heirs and assigns. and all other persons claiming the said property. or any part thereof, by,
from, through or under said part V 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 ohlivatbry upon the purchaser or purchasers at any such sale to see to the application of the purchase money. If a release deed be I
required, it is agreed that the part y of the first part, Its heirs or assigns, will pay the expense thereof. I
County
(jr iS i n
1, 1 _�—
WiCc>(-
r , )c .,
No. 341-A. Rev.'79 —DEED OF TRUST —Public Trustee (with "due on sale clause.") —Receiver's Clause — Attorney's Fees.
Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 80214 —(303) 233-6900-6-81
And the said part Y of the first part. for itself and for i t S heirs, executors and administrators
covenant S and agree S to and with the said party of the second part, that at the time of the ensealing of and delivery of these
presents it is well seized of the said land and tenements in fee simple, and ha S good right. full power and lawful
authority to grant. bargain. sell and convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and releasing
all rights and claims it 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, or as any exemption under and by virtue of any act of the United States
Congress, 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. except those set forth in the plat and Improvement Agreement
referenced afore.
and the above bargained property in the quiet and peaceable possession of the said party of the second part, his successors and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will Warrant and Forever Defend.
Until payment in full of the indebtedness the part of the first part shall timely pay all taxes and assessments levied on the pro-
perty; any and all amounts due on account of principalynd interest or other sums on any senior encumbrances, if any; and will keep all im-
provements that may be on said lands insured against any casualty loss, including extended coverage, in a company or companies meeting the
net worth requirements of the beneficiary hereof in an amount not less than the then total indebtedness. Each policy shall contain a loss
payable clause naming the beneficiary as mortgagee and shall further provide that the insurance may not be cancelled upon less than ten days
written notice to the beneficiary. At the option of the beneficiary, the original policy or policies of insurance shall be delivered to the
beneficiary as further security for the indebtedness. Shou,d the part V. of the first part fail to insure and deliver the policies or to pay
taxes or assessments as the same fall due, or to pay any amounts payable upon senior encumbrances, if any, the beneficiary may make any
such payments or procure any such insurance, and all monies so paid with interest thereon at the rate of 8 °/lo per annum shall be add-
ed to and become a part of the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of the sale of the property if
not paid by the part vv of the first part. In addition, and at its option, the beneficiary may declare the indebtedness secured hereby
and this Deed of trust`to be in default for failure to procure insurance or make an of the payments required by this paragraph.
If all or any part of the property or an interest therein is sold or transferred by First Part Yy without beneficiary's prior written consent, excluding (a) the
creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by
devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase.
beneficiary may. at beneficiary's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. Beneficiary shall have waived such
option to accelerate rf, prior to the sale or transfer, beneficiary and the person to whom the property is to be sold or transferred reach agreement in writing that the credit
of such person is satisfactory to beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as beneficiary shall request.
AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the same 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 accruing 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 proceeding, 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 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 part Y 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 the 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 part
of the Evil part.its 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 the 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 said indebtedness had matured, and that if foreclosure be made by the Public Trustee, an attorney's fee of the sum
of a reasonable amount dollars for services in the supervision of said foreclosure proceedings shall be allowed by the
Public Trustee as a part of the cost of foreclosure. and if foreclosure be made through the courts a reasonable attorne y's fee shall be taxed by the court as a part of the
costs of such foreclosure proceedings.
Should any provision of this Deed ofTrust be found to violate the statutesor court decisions of the State ofColorado, orof the United States, such provisionshall be
deemed to be amended to comply with and conform to such statutes and decisions.
IN WITNESS WHEREOF, The said part y of the first part ha s hereunto set its hand and seal
the day and year first above written.
WITNESS:
���''�� ��:�•�•,�., STATE OFCOLORADO,
P + . County of�G.�e ss.
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EBY-CREEK MUA (SEAL)
oren-G. Chambers
The foregoing instrument was acknowledged before me this
day of O tobcm- r ,1981,by W. Hunter Antonides
and Loren G. Chambers, General Partners.
My commission expires
Witness my hand and official seal.
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6A
Notary Public.
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Book 331 Kecorcieci at 2 . nn o CIOCK R— IVI., nor,. a ffibe)�-4,, 1981—
Pa � 638 �' -
9 Reception No. �9� Jtihnnette Phi 11 i, Recorder.
STATE OF COLORADO,
ss.
County of Eagle
W. Hunter Antonides
of the
County of Eagle , in the State of
Colorado, being first duly sworn, upon oath deposes and says that
EBY CREEK MESA, a Colorado General Partnershi
a/k/a " EBY CREEK MESA"
Fee $3.00pd
Eagle County
1 1 n 1,414---
UNclef -
is the name under which a business or trade is being carried on at EBY CREEK MESA
Subdivision, a subdivision owned by the persons listed below.
in the County of Eagle and State of Colorado.
The full first names and surnames and addresses of all persons who are represented by the
said name of EBY CREEK MESA
are as follows:
W. Hunter Antonides - P.O. Box 414, Eagle, Colorado 81631
Loren G. Chambers - P.O. Box 189, Eagle, Colorado 81631
The affiant is (one of the persons) KXXj;&UM*carrying on said business or trade under the
above name.
W. H�TER-ANTONIDES
Subscribed and sworn to before me, this 9th day of October 1981
:f
may...•
,•C' ��Si6p expires 7-9-83
4,W.t $hand and official seal.
4 FREDRIC B . BUTLER
>}i� licable b
NOTE) bie' foregoing Affidavit must be filed in the county in which any person, partnership or association of
es6yryrs 46 business or carries on a trade in the State of Colorado under any other name than the personal name of
Its'�col;st tuen't, members. The Affidavit is to be refiled for any change whether by withdrawal, additional, or
otherwise, of the parties represented by the name. Unless filed, suits for collection of debts may not be prosecuted and
failure will warrant a misdemeanor charge which upon conviction carries a fine of not less than $10.00, nor more than
$300.00. C.R.S. 7-71-101(1973) et seq.
M
No. 298. TRADE NAME AFFIDAVIT. Rev. 78—Bradford Publishing, 15165 West 44th Avenue. Golden. Colorado 80401— (303) 278.0644— 2-80
