HomeMy WebLinkAboutC81-041 Gabossi DeedRevorded ato'clock _ — \I.. - -------- Reception No. _�� __-� -.-�— -- _--- �-- Recorder. Bi-n1E.SE PRESENTS: That.IVhereas. JOSEPH J. GABOSSI and SHARON F. GABOSSI, as a.oint tenants, 0998 Valle Road Carbondale, Colorado 81623 by DEED O TRUST dated the 21st day of January t�t81 and duly recorded in the office of the Coutit y Clel'k and Recorder of the COL111ty of Eagle , in the State ot'Colorado, 0l1 the llth (lay of February 1981 . in book 318 . ull pu'E'. 309 . (I-)ltit No. . Reception No. 214680 ). conveyed to the Public Trustee ill said County of Eagle , certain real estate In said Deed of Trust (lescrii)e(l, ill tru`t to secure to the Order of County of Eagle, State of Colorado, by and through its �ourt tlle�XJCLUKMXM , � I��Nxxlxx(xx)4XX�X,�mmi sinner: n improvements A reeent Me�eld Cg' tie ;AND WHEREAS, i�cl�`i�i�MXK& -XXIXXXMXQ' M&M e I),tll•E)ose, of •aId gull st lae been un y fully satisfied; NOW, THEREFORE, At the request of the leval holder- of the indebtedness secured by said Deed of Trust, and in consideration of the premises. and In fttt•ther consideration of the suns of Five Dollars, to 11ie ill hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said County of Eagle , do hereby renlise, release and gUit-c lallll unto the present Owner of owners of Peal estate and unto the heirs, successors and assigns of said owner or owners forever•, all the right, title and interest which I have in and to the said real estate, as Such Public Trustee, in said Deed of Trust mentioned; and more particularly described as follows, to wit: Lot 2, Gabossi Subdivision, County of Eagle, State of Colorado situate, lying and being in the County of Eagle and State of Colorado. 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 as fully and absolutely released, cancelled and forever discharged. WITNESS my hand and seal, this day of September ,19 81. SEAL) As the Public Trustt•e in .1aid ('uttnty of Eagle By (leput�' 1'ubltc 7t uat•e. STATE OF COLORADO, ss. County of Eagle The foregoing instrument was acknowledged before me this day of September ,19 81, by as the Public Trustee in said County of Eagle , Colorado. My Commission expires Witness my hand and official seal. \„tart' 1'ublu•. The Public Trustee in said County of Eagle Please execute this release, the NMXbM- secured by the above mentioned Deed of Trust having been fully :g,-"x performance satisfied. BOARD OF COUNTY COMMISSIONERS, ATTE County of Eagle, Colorado �. The lei: } uldc r of the re,l of '1't t,+t. i W By: C r o tAefoBvDale F. Grant - Chairman unty Commissioners No. 935. RELEASE OF DEEDOF TRYST BY THE PUBLIC TRUSTEE. --01978 Bradford Publishing Co., 1846 Stout Street. Denver. Colorado (573-5011)-3-78 Release of Deed of Trust Pit Mic Tnistee. '0 RTHEUSEOF V TO STATE OFCOLORADO --- - —County of I hereby Certify that this instrument Nv,,.,; filed for record in my office at— dulv recorded in Book Pave Film No. Reception No. Clerk atill v Fee". OFIAS)f OF10 F-UHLISMING Co.. DENVER 4 Book 329 2.00 P September 25. 1981 Fee $3.00pd Page63 Recorded at ._� _ —__ o clock M., _—p Reception No. �2.'l�23 Johnnette Phi 1�'1'ps"� Recorder. Eagle County KN()wAt. LMEN BYTHESE PRESENTS: That, Whereas, JOSEPH J. GABOSSI and SHARON F. GABOSSI, as JJoint tenants, 0998 Valley Road, Carbondale, Colorado, 81623 by DEED OF TRUST dated the 21 st day Of January • 1981 and duly recorded in the office of the County Clerk and Recorder of the County of Eagle , in the State of Colorado, on the llth day of February , VCZ 1981 , in book 318 , onpage, 309 , (Film No. . Reception No. 214680 ), conveyed to the Public Trustee in said •County of Eagle ,certain real estate in said Deed of Trust described, in trust to secure to the L� order of County of Eagle, State of Colorado, by and through its E0111MIlsionersour+� erformance of a certain Sub— theme ' n im roveme is re ent held t e AND WHEREAS,�� tie purposes of said Mst have been ��un y 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 Five Dollars, to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said County of Eagle , do hereby remise, release and quit -claim unto the present owner or owners of real estate and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which I have in and to the said real estate, as such Public Trustee, in said Deed of Trust mentioned; and more particularly described as follows, to wit: Lot 2, Gabossi Subdivision, County of Eagle, State of Colorado situate, lying and being in the County of Eagle and State of Colorado. TO HAVE AND TO HOLD the same, together with all and singular ,t.he privileges and appurtenances thereunto belonging forever. And further, that the said Trust -Deed is, by these presents, to be considered as fully and absolutely released, cancelled and forever discharged. WITNESS my hand and seal, this 25th day of September..; ,19 81. � , ;r F. SEAL) t e Public Tr uxte r in •.►id ('aunty u''Eag�e r By Deputy I'ulshe Trustee. STATE OF COLORADO, SS. County of Eagle The foregoing instrument was acknowledged before me this 25th day of September 19 81 by Y �ariti, Doll , .fl ,- Fre 1 f : a Mnuty Public Trustee in said v• DISTRICT ATTORNEY lorado 81631 �" • . -' � � �. ` Co The Public•Trustee in said Please execute this release, the iii, County of Eagle , Colorado. My Commission expires Witness my hand a d official sea . Notary fabric. County of Eagle ►ice secured by the above mentioned Deed of Trust having _• g been full y :gaWx performance satisfied. BOARD OF COUNTY COMMISSIONERS, ATT?untAyoClommissioners Count of Eagle, Colorado t The leyts older•ofthe indebtednesssecured by said red ol'Trust. &� 1"0, 11) By:the o ByDale F. Grant - Chairman � K No.935. RELEASEOFDEEDOFTRUST BYTHE PUBLIC TRUSTEE. —01978 Bradford Publishing Co.,1846 Stout Street, Denver. Colorado (573-5011)-3-78 No. Release of Deed of Trust Pu LLr llu.u-i•. FOR THE USE OF TO STATE OF COLORADO I --- ss. —County of I hereby certify that this instrument was filed for record in my office at ,19, is duly recorded in Book Page Film No. Reception No. --- -- — � lerk ;uu112a,vreJe r. By_ -- U,gnrty. Fees, $— e«mrono vuaua«mc co.. of«�ca ,r I f RESOLUTION OF THE N%./ BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 81- 31 RELEASE OF COLLATERAL - GABOSSI SUBDIVISION WHEREAS, the Board of County Commissioners of the County of Eagle, Colorado, hereinafter referred to as the "Board", at a regular meeting held the 21st day of January, 1981, approved the final plat of the Gabossi Subdivision; and WHEREAS, as a condition of final plat approval, the subdividers of the Gabossi Subdivision, Joseph J. Gabossi and Sharon F. Gabossi, entered into a Subdivision Improvements Agreement recorded February 11 9;�, in Book 318 at Page 308 of the property records o e*ount% f Eagle, Colorado; and �9 1 WHEREAS, in order o sure d arantee the faithful performance of the Sub di ems', 66 ns set forth within the aforesaid Subdivision , the Subdividers provided the County collateralpsecurity in the form of a promissory note in the amount of $ 8,150.00 secured by a First Deed of Trust on Lot 2, Gabossi Subdivision, County of Eagle, Colorado, recorded in Book 318 at Page 309 of the property records of the County of Eagle, Colorado; and WHEREAS, the Eagle County Engineer, Melton E. Atwell, has determined that the Subdividers have satisfactorily completed those certain public improvements set forth in the aforesaid Subdivision Improvements Agreement and as required by the Board at the time of final plat approval; and WHEREAS, the Subdividers have requested the Board to null and void the promissory note and release the First Deed of Trust referred to hereinabove. U NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, Colorado: THAT, the Board hereby nulls and voids that certain Promissory Note dated January 21, 1981, in the amount of $ 8,150.00 from Joseph J. Gabossi and Sharon F. Gabossi (Maker) to the order of the County of Eagle, Colorado (Payee). THAT, the Board hereby releases that certain Deed of Trust dated January 21, 1981, on Lot 2, Gabossi Subdivision, County of Eagle, Colorado, recorded in Book 318 at Page 309 of the property records of the County of Eagle, Colorado, and shall execute concurrently herewith all necessary documentation evidencing same. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners of the County of Eagle, Colorado, at its regular meeting held the 17th day of September, 1981. ATTEST: By: Cyyexk of the &5a o ounty Commissioners APPROVED AS TO FORM: lQ l bcM. Beth A. Whittier County Attorney COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS By: Da e F. Grant, C airman J � KeithC Troxe , mmissioner Dan illiams, Commissioner -2- 18 Book 309 j,T, P 1.981 Fee t2.00pd Page 309 [ Februar i7 Recorded at_ 0 1�jk— _M., Reception No V J hjjR4att-e Dt,��� Recorder.EagleCOunty li� THIS DEED OF TRUST, Made this 21s t day of January 19 81 , between JOSEPH J. GABOSSI AND SHARON F. GABOSSI, as joint tenants the grantor herein whose address is '0998 Valley Road, Carbondale, Colorado 81623 . County of Eagle and State of Colorado, and the PUBLIC TRUSTEE of the County or City and County in which the property described below is situated, in the State of Colorado, Witnesseth: The Grantor to secure promissory note(s) bearing even date herewith, for the total principal sumo£ EIGHT —THOUSAND ONE —HUNDRED FIFTY AND NO/10OTHS — — — — — — — — — — — dollars, payable to the order of COUNTY OF EAGLE, STATE OF COLORADO , BY AND THROUGH ITS COUNTY the beneficiary herein whose address is COMMISSIONERS, Box 850, Eagle, Colorado 81631 , after the date thereof, with interest thereon from the date thereof at the rate of —0— percent per annum, principal and interest payable in its entirety July 30, 1981. does hereby grant and convey unto said Public Trustee the following described property, situate in the said County of Eagle , State of Colorado, to wit: Lot 2, Gabossi Subdivision, County of Eagle State of Colorado also known as street and number TO HAVE AND TO HOLD the same together with all appurtenances, intrust nevertheless, that in case of default in the payment of said note or any partthereof I or interest thereon. or in the performance of any covenants hereinafter set forth, then upon the beneficiary (note holder)filing notice of election and demand for sale, said Public Trustee,after ad vertisinggnotice of said sale weekly, for not less than four weeks, in some newspaper of general circulation in said county, shall sell said properly in the manner provided by law in effect at the time of filing said notice and demand, at public auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale said Trustee shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, Insorance and assessments. or on any prior encumbrance, with interest thereon, and pay the principal and interest due on said note, rendering the overplus (if any) unto the grantor; and after the expiration of the time of redemption, said Trustee shall execute and deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property or any part thereof at such sale. The grantor covenants that at the time of delivery of these presents, he is seized of said property in fee simple, end that said property is free ofencumbrances, except existing ditch, road and utility easements, restrictive covenants, and prior mineral reservations, and that he will keep all buildings insured for fire and extended coverage in amount equal to the unpaid balance of said note with loss payable to the beneficiary, and will pay all taxes and assessments against said property and amounts due on prior encumbrances, and if he shall fail to pay insurance premiums, taxes or amounts due on prior encumbrance, the beneficiary mayday the s and all amounts so paid shall become additional indebtedness due hereunder; and in "as of foreclosure, he will pay an attorney's fee of a re�sona$".�te amoun♦:. Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property, the grantor agrees that all court costa and a reasonable attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder; and the grantor does hereby release and waive all claims in said property as a homestead exemption or other exam yLion now or hereafter provided by law. If all or any part of the property or an interest therein is sold or transferred by First Part iectvithout beneficiary's prior written consent, excluding (a) the creation of a hen or encumbrance subordinate to this Deed of Trust, (b) the cr t n of a ppurchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of ajoint tenant or( the grant of any leasehold interest of three years or less not containing an option to yarchsee, beneficiary may, at beneficiary's option, declare all the sums secured by this Deed of Truat to be immediately due and payable. Beneficiary shall have waived such option to accelerate if, prior to the sale or transfer, beneficiary and the person to whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to beneficiary and that the interest navable on the sums secured by this Deed of Trust shall be t..eh rate as beneficiary shall terminal. a Rl conform to SHARON F the use of ell be to all SPATE OF COLORADO, Countyaf Garfield n The foregoing instrument was acknowledged before me this 16 th day of _JaRuai3z­-19$l.by JOSEPH J. GABOSSI AND SHARON F. GABOSSI. My Commission expires ,19 Witness my hand and official seal. My Commission expires July 5, 1983 cam.. J.�. •� G.. Notary Public. No. 923•B TRUSTTO PUBLIC TRUSTEE. —Short Form —Copyright ©1978 —Bradford Publishing Co., 1846 Stout Street, Denver, Colorado (678-5011) —9-78 a No. DEED OF TRUST FROM TO THE PUBLIC TRUSTEE FOR THE USE OF STATE OF COLORADO, �I County of ss I hereby certify that this instrument was filed (\ for record in my office at-o'clock-M., 19 , and is duly -ecorded in book , page )Film No. Reception No. Clerk and Recorder. t� By Deputy. Fees, $ WHEN RECORDED RETURN TO BRADFORD PUBLISHING CO.. DENVER a