TC Res. No. 1982-26• •
RESOLUTION NO. !a ~Co
WHEREAS, the Town of Avon has executed a Subdivision Improvements
Agreement dated July 10, 1979, with Wildridge Development Company which
agreement provides for the Town of Avon to hold certain unsold parcels of
land as collateral pending the completion of certain utilities and roads;
and
WHEREAS, pursuant to paragraph 3. of the Subdivision Improvements
Agreement Wildridge Development Company has the right to substitute collateral
by way of an assignment of the promissory note and Deed of Trust on a lot(s)
sold to a bona fide purchaser; and
WHEREAS, Wildridge Development Company did assign to the Town of
Avon that certain promissory note dated January 15, 1982, wherein Block 5,
LTD., a limited partnership is Maker, payable to Wildridge Development
Company and secured by a first Deed of Trust encumbering Lots 1 through 11,
Block 5, Wildridge as recorded in Book 334 at Page 936, County of Eagle,
State of Colorado; and
WHEREAS, Wildridge Development is desirous of having Lots,3,
4, 5 and 10 of Block 5, Wildridge Subdivision as per the recorded Replat #2
as recorded in Book 330 at Page 78, County of Eagle, State of Colorado
released from the above mentioned Deed of Trust in exchange for new notes
and Deeds of Trust for Lots 3, 4, 5 and 10 of Block-5 being assigned to
the Town of Avon.
NOW, THEREFORE, be it resolved by the Town Council of the Town of
Avon, Colorado:
THAT, Wildridge Development Company assign four (4) promissory
notes dated October , 1982, wherein Block 5, LTD., a limited partner-
ship is Maker, payable to Wildridge Development Company, said promissory notes
being secured by first Deeds of Trust on Lots 3, 4, 5 and 10, Block 5, Wild-
ridge Subdivision as recorded in the real property records of Eagle County,
Colorado. Said instruments attached hereto and incorporated herein by
this reference and assignments thereof to the Town of Avon.
BE IT FURTHER RESOLVED, that the Town of Avon grant a partial
release from that certain Deed of Trust dated January 15, 1982, as
hereinabove described encumbering Lots 3, 4, 5 and 10, Block 5, Wildridge
Subdivision as per the recorded Replat #2 thereof as recorded in Book 330
at Page 78, County of Eagle, State of Colorado.
Executed this
ATTEST:
Patricia J. Doyle, Town Cler
day of
. 1982.
Allan R. Nottingham, Mayor
S E A L
.NO, 1023A.. - Bradford Puhhahing Co., Denver, Colorado - 11-79
0- 0
$..25.,.UL.Q.Q......... .....................Avon..........., Colo., 82
19.._...
................................................after dato for value received
.tile...... promise
to pay to the order ot.....jU i l dr i cl~;e I)evc l oplnent (:on1ll:l lly
..........................................at the
office of.......same or as otherwise designated
.a
Avon Colorado, Nincty five. thous_ and six hundred twte3n~tfive
with intorest at the rate of -.lr.7 ......per cent, per annum, payable.. n.. cash or certified
funds in five (5) equal annual installments of principal plus accrued interest
on the unpaid principal balance, said annual payments to commence January 15, 1983
and each January 15 thereafter with final payment of all principal and interest
being due in full on or before January 15, 1987.
Maker shall have the right to prepay this note at any time without penalty.
.ISf
x
4
IT M AGPLIM that If thin note Is not paid when due or declared due hereunder, the principal and accrued interest thereon shall draw Interest
at the rate of__-18--pw cent per annum, and that failure to make any payment of Principal or interest when due or any default under as~
latn,mbranne or agreement securing this note shall cause Ehe whole note to become due at once, or the interest to be counted an prlndpal.
at the option of the holder of Na note. The makers and endorsers hereof severally waive preeentment for payment, protest. notice of non-
paMent and of protestv and agree to any extension of time of payment anti partial payments before, at or alter maturity, and if this note
a reasonable amount
or late. t thereon Is not paid when due. or suit In brought, agree to pay all reasonable wets of collection. Including__------------ poseepwt for
sttoraglt To
and It foreclosure Is made by the Public Truscm.
!vi attoraq ass to be added by the Public Trustee to the coat of fureelosura
DueuI=L,iry 1. , 98 7
By:
__111). , ,A COLORADO LIMITED PARTNERSIII
BY: SADDLE RTI)GG TOWNHOUSES, TNC. , A COLORA
- . - - . CORI-'ORA'I'ION,--A -(:GNI:IZIIb-PARTNER
Shelley M. Parker, Secretary
By
Robert L. Parker, President
BY:
[Z()I11- I'- I . PARKER, A GIiNERAL PARTNER
BY:
'1'110MAS W. IOURKE, A GENERAL PARTNER
4 .
Apr Recorded at o'clock--M.,
Receptionift Recorder
THIS INDENTURE, Made this day of 1g 82
BLOCK 5, LTD., A Colorado limited partnership
whoseaddressis c/o Robert L. Parker, 2576 Arosa Drive, Va i I, Colorado 81657
part Y of the first part, and the f'ubhc'I'lustee od County of 1:ag1 C
in the State of Colorado, party of the second part, Witnctiseth:
THAT, WHEREAS, The said BLOCK 5, LTD., A Colorado limited partnership
between
ha S executed i t s promissoi y note heat Ing even date hc[ewilh, for the principal snm of
Ninety five thousand six hundi-cd twenty five and no/100 Dollars,
payable to the order of IViI(Iri(Ige De veIOpme11t Comp. n)', :l Colorado partnership
whoseaddressis Post Office Box 20, Avon, Coiorido 81620
after the date hereof, with interest thereon from the date thereof
at the rate of -12- percent per annum, payable 111 C:1Sh or' certified funds in five (5)
equal annual installments of principal plus accrued interest on the unpaid
principal balance, said annual paymentS to commence January 1S, 1983 and each
- January 15 thereafter with final payment of all principal and interest being
due in full on or before January 15, 1987. Maker shall have the right to
prepay the note at any time withotrt penalty.
AND'WHEREAS. The said party 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.
NOW, THEREFORE, The said part y of the first pat 1, in consideration of the premises and for the purpose aforesaid,
do C5 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 Fa i;10 , State of Colorado, to wit:
Lot 3, Block 5
Replat Number
final Suhdivi :ion of' hli ldri(ht e as recot-ded (Ictober 8, 19Rl
in Book 330 at Page 75
County of Eagle, State of Colorado
TO RAVE AND TO 1101.) the same, together with all and sfnguhu the privilege. ,Ind apput [cnances lftcreunto W-ongmg: In Ttlist Nevertheless, that in
case of default in the payment of said note or any of [hem, or any Pa I thereof, or to the payment of the interest thereon, according to the tenor and effect
of said note or any of them, of to the payment of any pi lot encumhtances. principal or uueicst, f any, of to case default shall be made in or to case of
violation or breach of any of the terms, Condit Lions, covenants al agreements het ein contained. the beneficiary hereunder or t he legal holder of t he indebtedness secured
hereby may declare it violation of any of the covenants herein contained:nd elect to advet [isc said pi opet ty lot sale and demand such sale, then, upon filing notice of
such election and demand for sale with the,.ud party of the second part, who shall upon receipt of such nonce of election and demand full :de cause a copy of the same to
be recorded in the recorder's office of the county in which said real estate is staved, it shall and may he lawful Im said ptuty of life second part to
sell and dispose of llte same (en masse rut fit %Ctarate l`icek 1, the stud I'nhlic 'I'rtts[ce may [htnk hcsll, and .dl fire tight, title and interest
SucceISSOI
of said part y oflhefirsIPat- 1. ltS Bor issigmIIICIcln,alPld,htauuun.tlhc 1:ast faow dooiill Ihe ('nutIIlunsc,in Itie Co nlyof
, Static ofColofado, or on suit premises, of any 1). if 1 IheICofas I 11.1 v Ie %Pcxlied Lit the tit) hce ill s.ud sale, for ttic highest and best
price the same will bring in cash, Finn weeks' public notice having been previously given of the [uric ,ind plave of such s:dc, by :Idveruscntcnt,
weekly, in some newspaper of general circulation at that time published in said county of Eagle a copy of which notice shall be mated
within ten days from the date of the fnal Puhhcation theteof w the sad Paul y of the fuse p.u[ ;d the addles hcacm glvcn,and h, sut.h (coon of
persons appeunng to have.aequited a suhscqucrit recoacl mtctest m said ae,d Cslalc ,It the addressgiven in the recorded m%irument: where only [he county and state is
givenasthe address Ihen suchnotice Quill he mailed to Ihe conmy%cat,andto make.andgive ill lfit. pmch.aseiill pill hasclsofsuchIll Opel tyal%1101%le,;IcelIiIicateof
eel (ifiades m venting diesel thutg sic h pr open [y pulrhaacd, and the son or sums purol Ihcl cfin, :unl t he Iunc when f he purLhascl or PutLh:IWf % (air ulhcl per son enulled
thereto) shall be entitled to a acrd urdccds therefor, unless [ he same shall be t edLemed a% is provided by law; and said l'uhbc l•rusice shall, upon demand by the person or
persons holding the said cei uficale tit CCI hficalcs Ill, purchase. when said demand is male. Lit upon demand by (he person entitled to a deed to and for the piopcrty
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
dads to the said property purchased, which said deed or deeds shall be to the ordinary form of a conveyance, and shall he 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
successors
part, i t S 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 rase of an assignment of such cernffcate or cep Lificates of purchase, or in case of the
redemption of such property, by a subsequent encumbrancer, such assignment or redemption shall also be refereed to in such decd or deeds; but the notice of sale
need not be set out in such dad 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 of the (egad holder of slid note the pnncipal and interest due on sad
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 - 18 - Per cent pct annum, tendering the uvelplus, if ;my, unto the said part Y ill' the first
part, i t s legal representatives or assigns; which sale or sales and said decd or deeds so mule shall tea pct txutal bar, both to law and equity, against the
said part y of the first part, its successors -bm and assigns, and .III other persons claiming the said property, or any part thereof, by,
from, through or under said Pau t yy of the first Pat 1, or any of Them llie holder air holder s of said note or notes may purchase said property or any part
thereof, and it shall not be obligatory upon the purch ser or purchasers at any such sale nee see to the application of the purchase money. If a release deed be
required, it is agreed that the part y of the first part, its S Uc c e s S o r s or asstf,ns will
pray the expense thctcol'
No. 341-B Rev. '78- DEED OF TRUST. (No- Due on sale Clause) -Publie 7Fusfee - Receiver'. ('hanve- Atlornrv's Frev.
- nradlo.d Iluhhohmg('I), laxO
And the,.,,drxvt y ofthefirst put l.lut itseI1 anuio, 4(.tCCL`~7,(-)V
kicaa, exetemne~b',NAMI p11NWIlFthar.♦
covenant S and agi ee5 to and wu It t he said lx. of t he %ecund,nart , tl, , 4,c tinic of the cnscaling of and, l d,r,,Gl he , ,
presents it is well sated ol'thc %,Lid L•uu1 and tenements U •e simple, and hat S good right, full l
authority to grant, bargain. sell and convey the same to the manner and im as aforesaid. heitePY fully and abslutelywaivip$ j la,vfu;
idl rightsand claims i t Liciy have to rn to %aid land N. IcncmcW%, and pt opcrty as a I Iontcsic al F.xcmptioll, or lot lwroxet
under and by virtue of any act of the General Assembly of the State of Colorado of as any exemption under and by virtue of any a,,, United
Congress, now existing or which may hereafter be passed in relation thereto and that the same pre free and c ear of all lie,.. encum
whatever. cxccpt current and suhscquent years goncr•;11 and special property L.lxcS,,
covenants, restrictions, easements, and rights of way all as of record;
rights and reservation; contained in the United States of America Patents
all as of record; and water and ditch rights of record.
and the above barpined property in the quiet and peaccahlc possession of the said party of the second part, hn succes,ors and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any pat t thereof, the %aid part y of the first part shall and will Warrant and Forever [Wend.
And that during the continuance of said indebtedness of any pmt theieol, file said pally of the fitst part will in due season pay all taxes and
assessments levied on said property; all amounts due on account of principal and interest on ptiw encumbrances, f any; and will keep all buildings that may at any
time be on said lands, insured against loss by fire with extended coverage endotscmcnt% in such company or companies its the holder of said
note may, from time to time direct, for such sum or sums as such company or companies will insure for. not to exceed the amount of said indebtedness.
except at the option of said part Y of the first part, with loss, dany, payable to the beneficiary hereunder, as its interest may appear, and will
deliver the policy or policies of insurance to the beneficiary hereunder, as further securely for the indehtctlne%s aforesaid. And in case of the failure of said
part y of the firs( part to thus inuuc and delivci the policies of inswance, or h, pay such tares or assessments or amounts due or to become due on any
prior encumbrances, if any, then the holder of said note or any of them, may procure: such insurance, or pay such taxes or assessments or amount due
upon prior encumbrances, if any, and all moneys thus paid, with interest thereon at -Is- per centum per annum, shall become so much additional
indebtedness, secured by this Deed of Trust, and shad( be paid out of the proceeds of the sale of the pi opet ly afut es:Ud, il" nut otherwise paid by said part y of the
first part and may for such failure declare a violation of this covenant and agiecmcnt.
AND TIIAT IN CASE: OF ANY DEFAM.T, Whereby the light ul' fot'cclo.uie occur. heic-itlct. the ,:tine party of the second pint or the holder of said
note or certificate of purchase, shall at once become entitled to the ruo,scs%ion, use and moymcnt of the property aforesaid, and to the rents, issues and
profits thereof, from the accruing of such right and during the pendency of foreclosure proceeding, and the period of redemption, if any there be: and such
possession shall at once be deliveted to the s ijd party of file ,ccunJ 11:11 1 ur the holder ul'satJ nurC of cci Itflc:tic of putcha.,c on request, and on refusal,
the delivery a such possession may be CnliurcJ by the said pat ly of the %ccunJ l,.u t ur the htildet of said note of cot td'icatc of pmchasc by :my apps upriale
civil suil or proceeding. and (he said pm ty of t he %ccunJ flat f, of the holder uf,:utl note of eCe oflc,uC tit pwtha,c. or any thereof, %ludl be entitled to a
Receiver lot said property, and of file tents, issues and predt% thereof, allei Such Jclaidt, including the time covered by foreclosuic proceedings and the period of
redemption, if any there: be, and shall be enhlled thereto as ;i motet of right wthow regard to file solvency of insolvency of the pat 1 y of the first
part of of the (lien uwnet of said property and without wgard lu file value Ihetcul, anti ouch Receiver may be appointed by any court of competent jurisdiction
upon ex party application and wit hout notice-notice being het eby expressly waived- ntl all rent,, e%uoe% and pi of its, income and tevenuc therefrom shall he applied
by such Receiver to the rxtymenl of the rnJch1cdllc%S helchy scented, accordng io the I:tw .uttl file orL10% and direchun, of the court
AND, That in case of default to any of said payments of prenupal tit uucrCSI. WCoithng w the knot and effect of laud piunussory note aforesaid, or any
of them, or any part thctcof, or of 'a hicach or violation tit any tit the coven,til, of agreements licivill. by the part y
of the first purl, its CsecLitor adnnntuialors tit a%%tgn%, then and in that c:u%e the whole of said principal sum hereby secured, and the interest
(hereon to the time of the sale, many at on~c, at the option of the legal holder thereof, become duc and payable, and the said propel ty 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 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 foiccfomn a be made through the coup is a reasonable attorney's fee shall he taxed by the court its apart of the
costs ofsuch foreclosure proceedings.
Should any provision oft his Dced ofTnrst be found to violate the %6t Liles or coot t decnwns of t he St,tc of Colorado, or of the United States, such provision shall be
deemed to he amended to comply with and confirm to such statutes and Jecistons.
IN WITNKSS WIIEREOF,'I'hc s,ud p u i y of the 111 't par l ha 5 hcicunlu set i t ti hand and seal
the day and year first above wntten.
BLOCK S, A COLORADO 1,1MITEU PARTNERSHIP
WITNK%S: BY: SADMA: I; 11)GE TOWNHOUSES, !NC., A COLORADO
CORPOIZATION, A GENERAL PARTNER
BY: By
isEA1.I
Shelley M. Parker, Secretary Robert L. Parker, President
- - - - - 1SF.ALI
BY:
BY: [%AI.I
T110MAS IV. BOURKE, A GENERAL PARTNlat ROBERT 1- PARKER, A GENERAL PARTNER
STATE OFCOLORADO, The foregoing instrument was acknowledged before me this
County of. Eagle dot ,f silo] S2 Robert I Parker president
jr?cl 1 ey -P1: -Parkr~,-sc]'L~rct --qq-3xddlc-turd Town - W
lio~tscs, In ;l I'ci1 pal I)artnryot Block S, 1AU.~a cl Qf'~
I~ol' art L.ar.kcr ;Intl Tliohla I3 tie -aS fief t~rT:
pa.rt.ners of 131ocp_. r- LtQ.r~~_n1,1ctrLo I't',
.Z"' ear'
Wllnes, my hand and official seal J,. tAt C p"-+l rie,t,p
A~ ,
Ply ronlel i ss i on expires:
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Recorded at
Reception.
THIS INDENTURE, Made this day of
II 1982 between
WILDRIDGE DEVELOPMENT COMPANY, a Colorado partnership
hereinaftercalled the assignor of
the first part, and TOWN OF AVON, COLORADO
hereinafter called the assignee , of the Second part, witnesscth,
that
WHEREAS BLOCK 5, LTD., a Colorado limited partnersh
did, by a certain trust deed, dated the day
of , 19 82 , filed for record in the office Of the
Recorder of the County of Eagle , in the
State of Colorado, on the day of , 1982
,
and duly recorded in book at page (Film No.
bargain, sell and convey the property therein and hereinafter described to
WILDRIDGE DEVELOPMENT COMPANY, a Colorado partnership
and
Recorder.
Reception No. _ grant,
its assigns, to secure the
payment of one promissory note , for the principal sum of
Ninety-five Thousand Six hundred twenty-five and no/100
Dollars and interest.
NOW, THEREFORE, in consideration of the sum of Ten and no/100 dollars & other good &
valuable considerations Dollars, paid by the said assignee - to the said assignor , the receipt
whereof is hereby acknowledged, the said assignor hereby assign s unto the said assignee , the said
trust deed and note secured thereby, together with all moneys now owing or that may
hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the
covenants and provisos therein contained, and the said assignor hereby grant s and convey s unto
the said assignee , the following described property situate in the County of
Eagle , and State of Colorado, to wit:
Lot 3, Block 5, Replat Number 2, Final. Subdivision of Wildridge
as recorded October 8, 1981 in Book 330 at Page 78, County of
Eagle, State of Colorado.
~~d 1(~~v~fif~~fr,Ckd:~dci~duld~l~I~JI
TO HAVE AND TO HOLD the said trust decd and note , and also the said property unto
the said-assignee forever, subject to the terms contained in said trust deed and note
And the said assignor hereby covenant s with the said assignee that the said trust
deed and note hereby assigned is a good and valid security and that the sum of Ninety-f ive Thousand
Six Hundred twenty-f ive and no/100 Dollars remains unpaid on the said note and that the said
assignor ha s not done or permitted any act, matte[ or thing whereby the said trust
deed has been released or discharged, either partly or in entirety and ha s the right to assign said
trust deed and note and will upon rcyucsl do, perform and execute every act necessary to
enforce (lie full perl'Orniancc of the covenants and agreenienis Ihercin contained and that Ibis assignment and
the covenants herein shall inure to the benefit of and extend to and he binding upon the heirs, executors,
administrators, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the pard of the first parr ha s executed Ihesc presents the day and year first
above written. WILDRIDGE DEVELOPMENT COMPANY, a
Colorado Partnership
Signed, sealed and delivered in the presence of
[SEAL]
BY: IS EA L-I
Larry D. Goad, Attorney-in-Fac
- [SEAL]
S"i'ATF0FCOLURADO, l 1"he foregoing inslrtunent watt acknowledged before me
Counly of' 1 ss. Ihis day of '19
by
Witness my hand and official seal.
My commission expires _
- -
Nine, yF'ubLC
-o'clock _M .
No. 31-A. A."I.Nntt•.NTOFNH>R•t•GAG UOR TRn\Itll•Ftl -C1978II-dl-dI...bh.h-g I"If'' W,,,1-1,(,% Idrn,luI ~-.d KIIIUI - I III II27M0644--_7.x0
0 •
ASSIGNMENT OF COLLATERAL
FOR VALUE RECEIVED, Wildridge Development Company, a Colorado
Partnership hereinafter referred to as "Wildridge", hereby assigns,
transfers and sets over unto The Town of Avon, Colorado, for the purpose of
securing a partial release of deed of trust on Lot 3, Block 5, Wildridge
Subdivision, as per the recorded Reglat #2 thereof, as recorded in Book 330
at Page 78, County of Eagle, State of Colorado, all of its right, title and
interest in and to that certain Promissory Note dated October , 1982, payable
to the order of Wildridge and wherein-Block 5, Ltd., a Colorado Limited
Partnership is Maker.
Wildridge hereby certifies that the principal amount owing under
the abovementioned Promissory Note as of the date of'this Assignment is
$95,625.00.
Wildridge shall be entitled to receive the payments thereunder
until such time as Wildridge shall be in default under the terms of that
certain Subdivision Improvements Agreeement dated July 10, 1979, as
amended.
DATED this day of , 1982.
WILDRIDGE DEVELOPMENT COMPANY, a
Colorado Partnership
BY:
Larry D. Goad, Attorney-in-Fact
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day
of , 1982, by Larry D. Goad, as Attorney-in-Fact for
Wildridge Development Company.
My Commission Expires 6-30-84.
Notary Public
Address
Now 1025A. - nrad (onl Publi.h,ng 1) rn ver, l'u1o, uJ„ 1 1 7!1
57 375.00 • v on
f........ ~ . . A......-...................., Colo 19.82..
. . er date, or value received ----............promise
to pay to the older of IVi l d r i tl.gc. Oeve I opmcn t (:omp,'1 n
at the
office of....s`i.~ric -.or a -s othet_w Isc clcs i glrated
a
at
Avon, Color do,...... 1: i ft.y...s~.vc.n t.lious;Intl thrQ.Q ,hil-ndred- eve.my..-fiv.c---. &...n9Z-1.ja0-- -Dollars,
with interest at the rate of.......... -..12 . ...per cent per annum, payable..-, in cash or certified
funds in five (5) equal annual installrients of Principal Plus accrued interest'
on the unpaid principal baiaiicc, said annual payments to commence January 15, 1983
and each January 15 thereafter with final payment of all principal and interest
being due in full on or before January 15, 1987.
Maker shall have the right to prepay this note at any time without Pcnalty.
1
rr 121 AGREED that If this note is not paid when due or declared duo hereunder, the principal and accrued interest thereon shall draw Interest
at the rate of-_ 1 b --per cent per aanum, and that failure to make any paym.-nt of Drinelpal or Interest when duo or any default under any
Ineumbranoo or agreement securing this note shall cause the whole note u, 1--c due at once, or the Interest to be counted as principal,
at the on of the holder of the note. The makers and endorsers hcrouf severally waive Drt entment for payment, protest, notice of Don-
f pa t-OlDjlsad of protest. and agree to any e=tmeion of time of payment and partial paymrnta before, at or after mattrrlty, and if this note
1
or Interest thereon L not paid when doe, or suit is brought agree to a reasonable amount
pay all reasonable costa of Collection, Including--------------Yep-o," for
attorney's feed, and If foreclosure to made by the Public Tn,ntec_-il_ Cs ~l iQll lu l~_iADiflUllt
for attornq's fees to be added by the Public Trustee to the cool of foreclosure.
"
I
BLOCK 5, LTD., A COLORADO LIMITED PARTNERSHIP
j BY-:- SADDLE -RIDG=TOWNHOUSES; I-NC-. A--G4WRADO
Due January 1_, 1987 CORPORATION, A GENERAL PARTNER
By: BY:
Shelley M. Parker, Secretary ROhcrt I,. Parker, President
BY:
ItUIII:lt'I' L. I'AlZKlilt, A -GENERAL PARTNER
BY:
THOMAS I9. IMIIIZU, A CIM-RAI, PARTNER
Recorded
Receptio •
THIS INDENTURE, Made this
day of
BLOCK 5, I;I'll,, .1 Co lor:ado •liIII itcd 1);111 1IC'rshiIf
----Rclol der
ly 82 , between
whoseaddressis C/o Robert L. Parker, 2570 Arosa Uri-ve, lea i l , (:olor•ado 81657
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,Thesaid BLOCK 5, LTD., Color;ldo IiIIIitc:l partnership
ha S executed its promts,ot y note bearing even date herewith, for the principal sum of
Fifty seven thousand three hundred seventy five and no/100 Dollars,
payable to the order of Wi ldridge Development Company, n' Colorado partnership
whoseaddressis Post Office Box 20, Avon, Colorado 81020
alter the date hereof, with interest thereon from the date thereof
at the rate of -12- per cent per annum, payable in Cash or certified funds in five (5)
equal annual installments of principal plus accrued interest on the unpaid
principal balance, said annual paymel:ts to commence January 15, 1983 and each
January 15 thereafter with final payment of all principal and interest being
due in full on or before January 15, 1987. Maker shall have the right to
prepay the note at any time without. penalty.
AKD'W HEREAS, The said part y of the first part 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.
NOW, THEREFORE, The said part y of the first part, in consideration of the ptemises and for the purpose aforesaid,
do es 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:
Lot 4, Block 5
Replat Number 2
Final Subdivision of hlildriclp•e as recorded Octoher 8, ]()81
In Book 330 at-Page 78
County of Eagle, State of Colol•ado
TO HAVE AND TO HOLD the same, together with all and ,inguLr file privileges trill appuf tenance, thercuntu hchingng: fit ['fits[ NevetIhclc,,,'I had in
case of default in the puyi ent ol'satd note of any of them, of any pat t Ihcteol, of in the payntcnl of the uuciest Ihetcun, acconhng to the Icnor end effect
of said none of any of them, of n tie payrrient it ally pt aof encumbiano eS, pi uacip,d ui uirctC,l, d :my. of m Lase del.udl %Imll be made in of in case 01'
vn)lationoi bleach ofany of the terms, rundmons, coven;uthur agteenents hereincontained, ate henctfcrary hercunderoi thelegal holderofthe indebtedness secured
hereby may declare a violation of any of t he covenants herein contained and elect to advef file ,aid property fur sale and demand such sale, then, upon filing notice of
such election and demand for , de with the,aid p:irly oft he second part, who,h:dl upon receipt of such m,uce of election and demand for sale cause if copy oft he same to
be'rccoided in the recoialei's office 01 file CUty in which said real c,t.ole is satiated, it ,hall :ind may be lawful fur said patty of the second part to
sell and dispose of the same (en masse or in separate parcels, as the said Public Trustec may think hest), and all the right, title and interest
`;11CCCSs01'S
of said pm-1 ul'Ihr trill p U i, d t , kI of assigns thctctn. at pnbh4. auction at the 1::1 ti t fiont doorot the (-'Out 1 House, in the County of
Ea Qg 1 C Slate of Colorado, of on said prenti,e,. of any pat t t het col is may he ,peeled in life notice ill Saud ,,ale, lot- the highest ad hest
price life same will bring in cash, filar weeks' public notice having been pieviouSly given of the time utd place of ,teh safe, by advertisement,
weekly, in some newspaper of genera] circulation at ilatt time published in said county of 1:a S! 10
it copy ol'which notice shall he marled
within'ten days from the date of the first publication thereof to the said parl j' of the lief pall at the addtc„ herein given and to ,itch person or
persons appearing to have acquired a ,uhsequent record interest to ,aid te.d estate at I he addfr„ given in the f ccofded m,ti umcnt, whete only the county and state n
given is the address then such notice shall be mailed to the county scat, and to make and gi ve to the pit i c ha,cr or put ch:iwt s of such propel l y al such sale, a certif is:de or
certificates in writing describing such property purchased, and the sum of aunts paid Iherclia, and [fit' time when the purchaser of putchawrs (or other person entitled
thereto)ahallbe entNcdloadctdof deed, therefor,unless[lie a ieshallbeiedeenedt,i, n,vided1,yL,w.andS:udl'ubhkTioNfecshall.upondemandbythepetwnor
persons holding the said certificate of cef Idlcate% of purchase, when said demand is made, of upon demand by the person entitled to it decd to:nd for the pf operty
purchased, at the time such demand is made, life time fill redemption having explicit, nfake and cxrcnle fu SMI) urwn of person, decd or
]cads to the said propel ty purchased, which said decd tit deed, ,hall Ix in the of dut,u y lot m of a conveyance. and shall he signed, acknowledged and deln•cf ed by the
said Public Trustee, as granlof, and shall convey and quo-claim to such person or persons entitled to such deed, as grantee,
[tic ,tut pfopcrtyy pmchnsCd us afilies,ud and tilt the right, title, urlcle'l, bcnelil and ryuity of irdcnyrfiun of the p:ut y of Ihr Ilt,l
S&Cessot•S
t>a<t, i t S hmm, and :assign, therein, and ,hall recite the aunt of um, list which the said propel iy w7„ ,old till hall f clef to the powef of vdc
therein contained, and to the s de of ,:ties made by vii file theicol, and in case of rut .t„ignntenl of Such act ItllC ate or ref tiftcatcs Of pumhaw, or of c.o,c of the
redemption of such property, by a subsequent encumbrancer, such as,ignmeni or redemption ,hall also he refef red to in such deed or deed,; hilt the notice of sale
need not he set out in such deed or deeds and file said Public Tiustec ,hall. out of Ihr prax•cedS of ,rv.111% of wail Salt ..dlcf lint p.ryit,g ,lid rcLanmp :,It Ice,,
chrges and costs of making said scale, pay to the beneficiary hcfcundei of the legal holder of .lid note the principal and imere,l due tin ,:lid
note according to the tenor and cl feet thereof, and all moneys advanced by such heneffct.u y or legal holder of s ud note for insurance,
taxes find assessments, with interest theicon tit - 1 pet Celli lies .uutunt. lendenng file overplus, if any, unto the s.ud pall y of the fit,t
part,' i t s leg;] representatives or assigns; which s le or sales and said deed of decd, ,o made shall he a fici peuttl hail, both tit law:ltd equity, .,g;11ns1 tile
ofd pawl y of the farsl pall, i t s `i tl c c e s s o 1'ti htaa and .f,srgns, and ,dl of het Ixporn rl:ainung (lie scull pu,pCf ty, of any 1):u t I hcf cif, by,
from, through or under said part y of t he f irsl pat t, sir any of than The holder of hoitlef % of Saud nu le or notes may put chase said proper ly or,ny part
; anJ i shall not be obligatory upon the puteh;set of ptuahasets al any ,04.11 sale to we lit [lie application of the purchase stoney If a teleaw deed be
lid, it is agreed that the part y of the first pant, its S uc ce s-:O r`; >czr,, of ,i„igns, will pay the expense thereof.
'clock M.,
-WPBS Rev. '78-'DEED OF TRUST. IN.- n Sale ('Taus")- 1'uhtlc Tr Ulf" - Rrcrh er', t'lauw -A llorney'% Fee,
nt:,d Gad I'll bli,hu,g l'tl , In xn
And It,. s:ud I-, , y of rile III'[ p.u r, tai , ~ t - : • 1 t' and lot -cc ssors Ism, executors and administrators
covenant and agi ea: • rid with the ,aid tea ly of the second part, t hat at t he efthe enscaling of and delivery of these
presents i t 1 S well Nevcd of the s.. ind and tenements air fee simple, and ha S good right, filll power and lawful
authority to grant, bargain, sell raid Loewy the same the manner and form as aforesaid, hereby fully and absolutely waiving and releasing tit all right%:nd claims i t may have n of to .aid lands, tenements, and property as a Homes lead Exemption, or other exemption,
under and by virtue of any act of the Gencr,a Assembly of the Suite 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 current and subsequent years general and special property taxes;
covenants, restrictions, easements, and rights of way all as of record;
rights and reservations contained in the United States of America Patents
all as of record; and t•:atcr and ditch rights of record.
and the ailove bargained property in the qua•t and pcacc,d+lc I>o,wu amn of file Nmd party of the second part, his successors and assigns, against ;JI and every
Pelson or persons lawfully claiming or to claim the whole air any Pau t thereof, the %.ad part y of the first part shall and will Warrant and Forever Defend.
And that during the tonlrnuarn:c of said indebtedness air any Fut thereof', the said party of the first part will in due season pay all taxes and
assessments levied on said property; all amount% due on account of Principal ;and interest on prior encumbrances, f any; and will keep all buildings that may at any
time he on stud Ends, insured again,( loss by fire With Cx,cndCd a,vcuage endorsements in such company or companies as the holder of said
note may, from time to time direct, for ,rich sum or sums :is such company or companies will insure fair, not to exceed the amount of said indebtedness,
except ; a t r tic option of 1141 11 y of the Irnt p,u t , with lass, d'any, payahlc to rile beneficiary hereunder, as 1 t s interest rr ay appear, and will
deliver file Paley or policies o insurance to the beneficiary hereunder as further security for the indebtedness doresaid. And in case of the failure of said
Pat t y of the lust part Io thus usriR• and deliver the policies ail nsmance. or it, pay ,rich taxes of asscssncnfs or umounls duc or to hecome due on any
prior cnetnnhrnCCN, I f any. then the holder ttf said little , of ;my of them. may proem c such Insurance, or pay such taxes or assessments or amount due
upon prior cncumhnmseN, if any, and :JI moneys thus paid, with nueiest Iher eon at -Is- Per ccntum Per annum, sh;JI become so much additional
indebtedness, secured by t has Decd of TI list, and shall le loud out of I he pi occed, of l he :ale oft he Pr oPcr ry uftir csaid. of not of her wise Plaid by said part y of the
first pant and may for such failure decl:lac:1 vlUlatioll of I111%u,venallf and agreement
AND TIIAT IN CASE OF ANY DEFAULT, Whet chy the right of foreclosure oceutN hcreondeu. IhC same parry of the second part or the holder of said
note or certificate of purchase, %half 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 wch right and during the pendency of foreclosure proceedings and the period of redemption, if any there he; and such
possession shall at once be delivered to the said Par ty of the scc omd par t or the holder of stud note or certificate of purchase on request, and on refusal.
the delivery of such po,w%sion may be enforced by I he % aid Par Iy of the second Fit t or the holder of %aid note or certificate Of Purchase by any appropriate
civil wit or proceeding, and the bud party oft tic second par I, air the holder of said note or certificate of purchase, or any thercuf, shnll he entitled to a
Recover fur sand Pnitx•i Iy• and of the rent,, rsstes and plot 11% firer col" ;after Nit, 11 del:arll, including the lime 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 V of the first
part or of the then owner of said proper ty :Ind without regard Iti the value thereof, and such Receiver may he appointed by any rouel of competent junsdiction
upon ex parte application and wit hour notice-notice being herchy expressly waived--and all rents, issues and profits, income and revenue t hercfrom shall bat applied
by such Receiver to the payment of the md1cbtedncss hereby secured. according to the law :Ind the orders and directions of the court.
AND, That in case of default in any of s aid payments of principal or interest, according to the tenor and effect of said promissory note aforesaid, or any
of thorn, or any part thercuf, or all a breach air violnuon orally of f he covenants or agreemen4 hevem, by the part Y
of the first part, i t s executors, mlmmistrrdois air assigns, then :and in that case the whole of said principal sum hereby secured, and the interest
lheicon IU the time of the s:de, miry ad once, :d the option of the legal holder thercuf, become due and payable, and the said property be sold in the marincranel with
the same effect as if said indebtedness had ma(aired, and that if foreclosure he made by the Public Trustee, an attorney's fee of the sum
of a re a S on al t 1 e amount doffs, for sea vices in the supervision of said foreclosure proceedings shall be allowed by the
Public Trustee as a part of the cosf of foreclosrn c, ;Ind f f oreeloNtoe he made the laugh t he courts a reasonable attorney's fee shall be taxed by the court as a part of the
costs of such foreclosure proceedings
Should any provsa,n tit this Med uf'fi list be found to vnd,dc l he of:uutCS ai coot I dcc,ions of( he State ofCulorado, tit of the United Stales, such provision shall be
deemed to he amended fu comply with :Ind confoi m to such ,Litolcs :trial decrsa,m
IN WITNFSS WHEREOF, The said part of (lie first part ha s heaconti, tit its hand and seal
the day :and year first ahove written.
BLOCK S, , A COLORADO LIMITED PARTNERS1111'
WITNESS: BY: SADDLE RIDGE TOWNHOUSES, INC., A COLORADO
CORPORATION, A CP.NERAL PARTNER
BY: BY: - - IsEALI
Shelley N. Parker,, Sccrct,li•y--
Robert L. Parker,- Presidont (SEALI
BY:
_ _ _ BY: _
T]IOMAS W. 130111:K1:, A GFNITW PARTNER 110I1P•RT PARKER- -/VTTiNTR71L-F'71RTIVF?R [SEAt
STAID; U1• COLURAIX>.
--County of E a g l e NN
The foregoing instrument was acknowledged before me this
dia? ,f 82 Robert L. Parker, president
•Il11 ShcTTey Al Parke; 5'~~r~t-ezzy~f-Sad To
'IOUSCS_,-_Inc_, a._gcn r1 ,fir nor" of Block 5 L ar. a n
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Ito rt 1... Parker an Thoia~ecS ala~ era
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partners-o---Bloch 6t
Witness my hand and official sea!
My commission expires:
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ASSIGNMENT OF COLLATERAL
FOR VALUE RECEIVED, Wildridge Development Company, a Colorado
Partnership hereinafter referred to as "Wildridge", hereby assigns,
transfers and sets over unto The Town of Avon, Colorado, for the purpose of
securing a partial release of deed of trust on Lot 4, Block 5, Wildridge
Subdivision, as per the recorded Replat #2 thereof, as recorded in Book 330
at Page 78, County of Eagle, State of Colorado, all of its right, title and
interest in and to that certain Promissory Note dated October , 1982,payable
to the order of Wildridge and wherein Block 5, Ltd., a Colorado Limited
Partnership is Maker.
Wildridge hereby,certifies that the principal amount owing under
the abovementioned Promissory Note as of the date of this Assignment is
$57,375.00.
Wildridge shall be entitled to receive the payments thereunder
until such time as Wildridge shall be in default under the terms of that
certain Subdivision Improvements Agreeement dated July 10, 1979, as
amended.
DATED this day of , 1982.
WIL HIDGE DEVELOPMENT COMPANY, a
Colorado Partnership
BY:
Larry D- Goad, Attorney-in-Fact
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day
of 1982, by Larry D. Goad, as Attorney-in-Fact for
Wildridge Development Company.
My Commission Expires 6-30-84.
Notary Public
Address
Recorded at __-o'clock
Reception 9'.
- 01-
1'i 1', THIS INDENTURE, Made this day of
19 82 , between
li WILDRIDGE DEVELOPMENT COMPANY, A Colorado partnership
li .
i' hereinafter called the assignor of
the first part, and
TOWN OF AVON, COLORADO
j' hereinafter called the assignee , of the second part, witncsseth,
that
Recorder.
WHEREAS Block 5, LTD., a Colorado limited partnership
did, by a certain trust deed, dated the day
of 19 82 , filed for record in the office of the
Recorder of the County of Eagle in the
State of Colorado, on the day of 19 82,
and duly recorded in book at
y : page (Film No. Reception No.._ grant,
bargain, sell and convey the property therein and hereinafter described to
WILDRIDGE DEVELOPMENT COMPANY, a Colorado partnership
and its assigns, to secure the
payment of one promissory note for the principal sum of Fif ty-seven Thousand Three
hundred seventy-five and no/100 Dollars and interest.
NOW, THEREFORE, in consideration of the sum of Ten and no/100 dollars & other good &
valuable considerations Dollars, paid by the said assignee to the said assignor , the receipt
whereof is hereby acknowledged, the said assignor hereby assigns unto the said assignee , the said
trust deed and note secured thereby, together with all moneys now owing or that may
hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the
covenants and provisos therein contained, and the said assignor hereby grant s and conveys unto
the said assignee the following described property situate in the County of
Eagle , and State of Colorado, to wit:
Lot 4, Block 5, Replat Number 2, Final Subdivision of Wildridge
as recorded October 8, 1981 in Book 330 at Page 78, County of
Eagle, State of Colorado.
A4~s~,~l~~ ~►/~r~/ dek~A04A400/
TO HAVE AND TO HOLD the said trust deed and note , and also the said property unto
the said assignee forever, subject to the terms contained in said trust deed and note
And the said assignor hereby covenants with the said assignee that the said trust
deed and note hereby assigned is a good'and valid security and that the sum of Fif ty-seven Three
Hundred Seventy-five and no/100 Dollars remains unpaid on the said note and that the said
assignor ha s not done or permitted any act, Mattel or thing whereby the said trust
deed has been released or discharged, either partly or in entirety and ha s the right to assign said
trust deed and note and will upon request do, perform and execute every act necessary to
enforce the full performance of the covenants and agreements therein contained and that this assignment and
the covenants herein shall inure to the benefit of and extend to and be hinding upon the heirs, executors,
administrators, successors and assigns of the respective parties herelo.
IN WITNESS WHEREOF, the part ytlf the first parl ha s executed these presents the day and year first
above written.
WILDRIDGE DEVELOPMENT COMPANY, a
Colorado partnership
Signed, sealed and delivered in the presence of ISFALI
- - BY_ ff ALI
Larry D. Goad, Attorney-in-Fa t
- - - - ISFALl
STATE OF COLORADO, The foicgoing instrument wwti acknowledged before me
ss. this day of .19
County Of by
Witness my hand and official %eal.
My commission expire%
Nwa1y Public
No.31-A. Assn:NMENTOFMORT(LAGFORIRUNTDEED -0197NIIIndl.ndPuhh0mig It 161W..1-I111. Av nuo (-hicn.('.d6nA"90dul--Ip1(1:7M-0644-7-N9
??Go 1f125Ae -Bradford Publishing Co.. Denver, Colorado - 11.79
•
.,.].t..Q Avon Colo 18 82
.................................................after date, for value reeeived_.t!!e...._...promise
to pay to the order of..... !~i ldridl;c 1)CvelopmCllt (_omI)ally at the
office oi....... samc .or. zs othcrw...sc designated
Avon......... , Colorado,Ninety. five thousand six hundred twerityatfive
....................Dollars,
with intorest at the rate of....... 712............................ ....per cent per annum, payable...in Cash or certified
funds in five (5) equal annual installments of principal plus accrued interest
on the unpaid principal balance, said annual I)ayments to commence January 15, 1983
and each January 15 thereafter with final payment of all principal and interest
being due in full on or before January 15, 1987.
Maker shall have the right to prepay this note at any time without penalty.
a
z
4
IT M AGREED that if this note is not paid when due or declared due hereunder, the principal and accrued interest thereon shall draw Interest
at the n4 of..48.-per cent per annum and that failure to make any payment of principal or interest when due or any default under as
lneumbrance or screement securing this note shall cause the whole note to become due at once, or the interest to be counted as principal,
at the option of the holder of the note. The makers and endorsers hereof severally waive presentment for payment, protest, notice of son-
payment and of protest, and agree to any extension of time of payment and partial payments before, at or alter matnrlty, and Lt this note
a reasonable amount
or Into. t tbareou to not Dald when duo, or suit to brought, acne to pay all reasonable costs of collection. Including-------------- rwaarsst for
attorsay's lees and if foreclosure to made by the Public Trustee- ..a --reasonabIC-:1111clurit
for attamer's is" to be added by the Public Trustee to the cost of foreclosure.
U9_C h_ _-1:1:11. , A COLORADO LIMIT O PARTNL;RSIII
BY: SADDLE Ril)G[: TOWNIIOUSFS, TNC., A COLORA
JttntLr~,_]S, 1957 --(:ORI-'ORA'I'ION,--A-(;LN[:IZ/U-PAR: l:R
By:
Robert L. Parker, President
By:
Shelley M. Parker, Secretary
I2(lliliit"1' I, I'AkKlilt, A GENERAL PARTNER
By:
'TIIOMAS W. BOURK[', A GENERAL PARTNER
Recorded at r,'clock 1N„
Reception No~__ Recorder
THIS INDENTURE, Made this day of 19 82 , between
BLOCK 5, LTD., A Colorado limited partnership
whoseaddressis c/o Robert L. Parker, 2576 Arose Drive, Vail; Colorado 81657
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 BLOCK 5; LTD., A Colorado limited partnership
ha S executed i t S promissor y note beau ing even date herewith, I'm the principal snit of
Ninety five thousand sir, hundred twenty,five and no/100 - Dollars,
payable to the order of Wildridge Development Compahy
whoseaddressis Post Office Box 20, Avon, Colorado 81620
after the date hereof, with interest thereon from the date thereof
at the rate of -12- per cent per annum, payable in cash or certified funds in five (5)
equal annual installments of principal plus accrued interest on the unpaid
principal balance, said annual payments'to commence January 15, 1983 and each
January 15 thereafter with final payment of all principal and interest being
due in full on or before January 15, 1987. Maker shall have the right to
prepay the note at any timt without penalty
ANDWHEREAS. The said party 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 tiny of them may be.
NOW, THEREFORE, The said party of the first part, in consideration of the premises and for the purpose aforesaid,
do es 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 E a g 10 , State of Colorado, to wit:
Lot 5, Block 5
Replat Number 2
Final Subdivision of tdildridgc as recorded October 8, 1981
in Book 330 at Page 78
County of Eagle, State of Colorado
TO NAVE AND 11) II01.1) 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 orbreach ofany 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
i such election and demand for We with t he 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 to which said real estate is situated, it shall and may be lawful for said party of the second part to
sell I and dispose of the same (en masse or n~a? els, as the said Public Trustee may think best), and all the right, title and interest
of said part y of the first part, its S cso~r assigns therein, at public auction at the East front door of the Court House, in the County of
Ea gg ] e , 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
,rpriw tlfe same will bring in cash, four weeks' public notice having been previously given of the time and place of such sale, by advertisement,
t •weeltly, 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 y 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 al the address given in the recorded instrument; where only the county and state is
given as the address then such notice shalt be mailed to the county seat, and to matke and give to the purchaser or purchasers ofsuch property at such sale, a certificate or
Cerllllcates in writing describing such properly pumhtsel, and the sum or sums paid therefor, and the time when the purchaser or purchasers (or other person entitled
thereto) shall be entitled to a doed ordeeds therefor, unless the sarre shall be redeemed as is provided bylaw; and said Public Trustee shall; upon demand by the personor
persons holding the said certificate or certificates of purchase, when said demand is made, or upon demand by the person entitled to a dad 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 or 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,ts Sl1C C e S S 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 to ease 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 We. after first paying and retaining all fees,
charges and costs of making said We, 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 an moneys advanced by such beneficial* or legal holder of said note for insurance,
taxes and assessments, with interest thereon at - 18 - per cent per annum, rendering the ovcrplus, if any, unto the said part y of the first
pa't' It S legal representatives or assigns; which We or sales and said deed or dads so made shall be a perpetual bar, both in law and equity, against the
said part y of the first part, its successors uses and assigns, and all other persons claiming the said property, or any part thereof, by,
from, through or under said part y oft he 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 or 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 y of the first part, its successors Ills or assigns, will puy the expense thereof.
No: MMUY. 178- DEED OF TRUST. (No- Due on Sale Clause)- Pubne 7tuslee - Recelver's Clause- Attorney's Fees.
-Bradford Publishing CO.. 10-80
~!r
Andttn said ryart ofthefit,r succosS,orS
y t'"'• tar t t - oil t a++~. 1 t s {xis, executors and administrators
covenant and agree ,nd with the aid party of the second part, that at the time orthe cnscaing of and delivery of these
presents i t 15 well seized of the saw 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 rminnes and form as aforesaid; hereby fully and absolu,tcly waiving and releasing
all rights and claims i t may have in or to said lands, tenements, and property a s it 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 current and subsequent years general and special property taxes;
covenants, restrictions, casements, and rights of way all as of record;
rights and reservations contained in the United States of America Patents
all as of record; and water and ditch rights of record.
and the above bargained property in the quiet and pcaccable possession of the wad patty of the tccond part, his Successors and assigns, atgainst 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.
And that during the continuance of said indebtedness or any part thereof, the said part y of the first part will in due season pay all taxes and
assessments levied on said property; all amounts due on account of principal and interest on prior encumbrances, d any; and will keep all buildings that may at any
time be on said lands, insured agains( loss by fire with extended coverage endorsements in such company or companies as the holder of said
note may, from time to time direct, for such sum or sums as such company or companies will insure fob not to exceed the amount of said indebtedness,
except at the option of said part y of the first part, with loss, dany, payable h) the beneficiary hereunder, as its interest may appear, and will
deliver the policy or policies of insurance to the beneficiary hereunder, as further security for the indebtedness :doresaid. And in case of the failure of said
part 'y of the first part to thus insure and dclivet the pol icies of imutance, or to pay such taxes or assessments car amounts due or to become due on any
prior encumbrances, if any, then the holder of said note or any of them, may pownre such insurance, or pay such timcs or assessments or amount due
upon prior encumbrances, it any, and all moneys thus paid, with interest thereon at - 1$ - per centum per annum, shall become so much additional
indebtedness, secured by this Deed of Trust, and shall be pad out of the proceeds orthe s;tlc of the property aforesaid, if not otherwise paid by said part y of the
first part and may for such Gulurc declarc a vrulahon of this covenant and agreement.
AND THAT W CASE, OF ANY DEFAULT, Whereby the right of rorcctomare occur hereunder, the s:unc 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 i he holder of said note or certificate of purchase by any appropriate
civil suit or proceeding, and the said party of t he second part, of the holder of said note or certificate of purchase, or any i hereof, shall he entitled to a
Receiver fast said property, and of the icnis, issues and profits rficreof, ;diet such default, including Ilic 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 repaid to the value thereof, aril such Receiver may he tpptnnlcd by any court (if competent jurisdiction
upon ex purte application and without notice-notice being hereby expressly waived--end all ren(s, issues:nd 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 beach or violation of any of the covenants or agreements herein, by the part y
of the first part, its executors, administrators or assign, then :and to 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 t he legal holder thereof, become dgc;nd payable, and the said property be sold in the m;utncr 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 Act= lot services in the supervision of sod foreclosure proceedings shall be allowed by the
Public Trustee as aput of the cost of foreclosure, and if foreclosure be made through the courts a reasunahle attorney's fee shall be taxed by the courtas apart of the
costs of such foreclosure proceedings.
Should any provision of this Deed ol'Trust be found to violate t he statutes or costs t decisions oft he State ofCulorado, or of the United States, such provision shall 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 i t s hand and seal
the day and year first uhove written.
BLOCK 5, LTD., A COLORADO LIMITED PARTNERSHIP
WITNESS: BY: SADDLE RIDGE TOWNHOUSES, INC., A COLORADO
CORPORATION, A GENERAL PARTNER
BY: -FiY- - -
[SEAL]
Shelley M: Parker, Secretary
-----Robert ir- Rarken--[?r-as-idelrt (SEAL]
BY:: BY
- ~TRT--T~AffKE1~~C-t'1-NTRAT P7CRTNf'R [SEAL)
THOMAS W. BOURKi:', A GENI:RAfa PARTNER
TPARTNER
STATE Ol- COLORADI),
County of 1:ag1C - ss
O
z
The foregoing instrument was acknowledged before me this
day f--- ro 82 Robert L. P
ItoU-q
aT,k-e
rt L.. Marker- and
re'-pa-rtn
Witness my hand and official seal.
My commission expires:
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5_e---, Ltd Tan
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Notary Public.
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ASSIGNMENT OF COLLATERAL
FOR VALUE RECEIVED, Wildridge Development Company, a Colorado
Partnership hereinafter referred to as "Wildridge", hereby assigns,
transfers and sets over unto The Town of Avon, Colorado, for the purpose of
securing a partial release of deed of trust on Lot 5, Block 5, Wildridge
Subdivision, as per the recorded Replat #2 thereof, as recorded in Book 330
at Page 78, County of Eagle, State of Colorado, all of its right, title and
interest in and to that certain Promissory Note dated October , 1982, payable
to the order of Wildridge and wherein Block 5, Ltd., a Colorado Limited
Partnership is Maker.
Wildridge hereby certifies that the principal amount owing under
the abovementioned Promissory Note as of the date of this Assignment is
$95,625.00.
Wildridge shall be entitled to receive the payments thereunder
until such time as Wildridge shall be in default under the terms of that
certain Subdivision Improvements Agreeement dated July 10, 1979, as
amended.
DATED this
WILDRIDGE DEVELOPMENT COMPANY, a
Colorado Partnership
BY:
Larry D. Goad, Attorney-in-Fact
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day
of , 1982, by Larry D. Goad, as Attorney-in-Fact for
Wildridge Development Company.
My Commission Expires 6-30-84.
Notary Public
Address
day of 1982.
Recorded at
Reception No.•
1!
THIS INDENTURE,, Made this day of
1982 , between
~WILDRIDGE DEVELOPMENT COMPANY,.a Colorado partnership
hereinafter called the assignor , of
the first part, and TOWN OF AVON, COLORADO
I
Recorder.
hereinafter called the assignee , of the second part, witnesseth,
that
WHEREAS BLOCK 5, LTD., a Colorado limited partnersh1p
1 did, by a certain trust deed, dated the day
of 11982 ,filed for record in the office of the
Recorder of the County of Eagle , in the
,
State of Colorado, on the day of '19
and duly recorded in book , at page (Film No. Reception No. grant,
bargain, sell and convey the property therein and hereinafter described to
WILDRIDGE DEVELOPMENT COMPANY, a Colorado Partnership
and its assigns, to secure the
payment of one promissory note , for the principal sum of Ninety-f ive Thousand
Six Hundred Twenty-five and no/100 Dollars and interest.
NOW, THEREFORE, in consideration of the sum of Ten and no/100 dollars & other good &
valuable considerations Dollars, paid by the said assignee to the said assignor , the receipt
whereof is hereby acknowledged, the said assignor hereby assign s unto the said assignee , the said
trust deed and note secured thereby, together with all moneys now owing or that may
hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the
covenants and provisos therein contained, and the said assignor hereby grant s and convey s unto
the said assignee , the following described property situate in the County of
Eagle , and State of Colorado, to wit:
Lot 5, Block 5, Replat Number 2, Final Subdivision of Wildridge
as recorded October 8, 1981 in Book 330 at Page 78, County of
Eagle, State of Colorado
I~
j
I
TO HAVE AND TO HOLD the said trust deed and note , and also the said property unto
the said assignee forever, subject to the terms contained in said trust deed and note
And the said assignor hereby covenant s with the said assignee that the said trust
deed and note hereby assigned is a good and valid security and that the sum ofNinety-f ive Thousand Six
Hundred Twenty-five and no/100 --------Dollars remains unpaid on the said note and that the said
assignor ha not done or permitted any act, matter or thing whereby the said trust
deed has been released or discharged, either partly or in entirety and has the right to assign said
trust deed and note and will upon request do, perform and execute every act necessary to
enforce the full performance of the covenants and agreements therein contained and that this assignment and
the covenants herein shall inure to the benefit of and extend to and be binding upon the heirs, executors,
administrators, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the part yof the first part has executed these presents the day and year first
above written. WILDRIDGE DEVELOPMENT COMPANY, a
Signed, sealed and delivered in the presence of Colorado Partnership [SEAL]
i,
STATE OF COLORADO,
!I
County or
by
Witness my hand and official seal.
My commission expires
i.
'clock M.,
0
BY : Larry Goad, n-ey-in=P Jt~ALI
Alfa
[SEAL]
1 fhe foregoing instrument was acknowledged before me
} ss. this day of .19
Nutaq public. i I
I
No. 31-A. A3SIGNPtFNT OF MORTGAGF OR TRUKT UF.Ft). -01979 nradrord Puhli,hing. l ~ 165 wcsl 44th Avrnuc. (;olden. ('nluradu 90401 -1301) 279-0644-7.90
Ns 1025A. - Bradford PubhehinQCo•. Denver. Colored.. 11 79
0
a.J.P.1,.,.'50.:.()..... . / Avtl i
coIo 18. 2..
. ter date, or vat received.
....promise
to pay to the order of.... lNi 1 dri dgc Dcvc l opment Company
...at the
same or as otherwise designated
office of...
von Colorado.,. Onc hundred n i nct tin( t boleti;Intl two hllndrc(I fi fty fi no/1O(~j a
ollara,
with Interest at-the rate of 1.-2 ......................per cent per annum, payable i
....n cash or certified
funds in five (5) equal annual instailments of principal p.lus accrue(l*"interest
on the unpaid principal balance, ;;aid ilnnlull I)aymcnts to commence January 15, 1983
and each January 1S thereafter with fin;ll p.iyment of all principal and interest
being clue in full on or before Janu;lry I 1987.
z
Maker shall have the right to prep;ly this note at any time without penalty.
M 13 AGREED that if thin note Is not paid when due or derJared due herounder, the principal and surued lateroat thereon shall draw Interest
at M,e rate of_-1 ~?_-par cent per ennuis, and that failure to make any DaYm,Tt of Principal or loter at when due or any default ender an
Imetumbrenes or agreement seeurinr Wi note shall cause the whole note w h.rolne due at once, or the interest to be wonted as prtnelZ
at the oatlou of the holder of the note. The makers and endorsers hera,f severally waive presentment fur Payment. protect, noUw of non-
payasaat and of protot, and agree to any extension of time of payment and Dart.lal payments before, at or after maturity, and if this mots
or tatermt thereon Is not paid wham due. or wit is bmusbt• agree to par all reasonable caste of eolleetlon. Iaeludla reasonable amount
g °'Ot for
attorocw's f and if foreolocure Is made by the Public Tn,.t.,e_
for attorney~ees to be added by the Public Trustee to the cost of foreclosure.
BLOCK 5, LTD. , A COLORADO LIMITED PARTNERSHIP
BY: --SADDLF -R I-IXT -=I'OWNIIOOSE- -ING; A--(;QWP.ADC
Due January _15, 1987 T CORPORATION, A MINERAL PARTNER
By:
Shelley M. Parker, Secretary
Ry:
Robert L. Parker, President
By: ROBI'.h'I' I,. I'AItKI:II, A GIiNERAI, PARTNER
B tiHIONIAS lw LO~URU, A GEIVETAI, PARTNER
Recorded at n]clock M.,
Reception _
THIS INDENTURE, Made this
- Recorder
day of 19 82
BLOCK 5, LTD., A Colorado limited partnership
whose address is c/o Robert L. Parker, 2576 Arosa Drive, Vail, Colorado 81657
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 Block 5, Ltd., a Colorado limited partnership
between
i
ha s executed its promissory note bearing even date herewith, for the principal sum of
One hundred ninety one thousand two hundred fifty and no/100 Dollars,
payable to the order of Wildridge Development Company, a Colorado partnership
whoseaddressis Post Office Box 20, Avon, Colorado 81620
after the date hereof, with interest thereon from the date thereof
at the rate of -12- percent per annum, payable in cash or certified funds in, five (S)
equal annual installments of principal plus accrued interest on the unpaid
principal balance, said annual payments to commence January 15, 1983 and each
January 15 thereafter with final payment of all principal and interest being
due in full on or before January 15, 1987. Maker shall have the right to
prepay the note at any time without penalty.
ANDVHEREAS, The said part y of the first part 1 s 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.
NOW, THEREFORE, The said part y of the first part, in consideration of the premises and for the purpose aforesaid,
do es 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:
Lot 10, Block 5
Replat Number 2
Final Subdivision of Wildridge as recorded October 8, 1981
in Book 330 at Page 78
County of Eagle, State of Colorado
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances theteunto belonging- In Trust Nevertheless, That in
case of default in the payment of said note or any of them, or any part thereof, tit 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, pt mcipal or interest, if any, or in case default Shall be made in of in case of
violation or breach of tiny of the terms, condmons. covenants or agreements here in contained, t he 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 sae and demand such sale, then, upon filing notice of
such election and demand for sale with the said party of t he second part, who shall upon receipt of sac h notice of cl rct ion :md demand for sa l e cause a copy of t he wane to
be recorded in the recorder's office of the county in which said real estate is situated, it shill and may be lawful for said party of the second part to
sell and dispose of the same (en masse or in s p rd a it s, as the said Public Trustee may think best), and all the right, title and interest
5iM8`e§sp0
of said part y of the first part, its -heir eor assigns therein, at public auction at the East front door of the Court House, in the County of
.Eagle State of Colorado, or on said premises, or any part thereof as may be s cificd in the notice of said sale, for the highest and best
price tsame 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 F5 1 e a copy of which notice shall be mailed
within ten days from the date of the first publication thereof to the said part y 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 scat, and to make and give I o t he pu rchaser 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 (or other person entitlot .
thereto) shall bw:entitled toadeed ordeedstherefor,unless thesame shall beredeemed asisprovidedbylaw;andsaid RiMicTrustee sh:dl,upon demand bytheperson or II
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 lime for redemption having expired, make and execute to such person or persons a deed or I
deeds to the said property purchased, which said deed or deeds shall he 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, i
the said properly ~PPurchased aforesaid and all the right, title, intcresl, benefit and equity of redemption of the part y of the first
suCCesrs
part, its and assigns therein, and sha11 recite the sum or sums for which the said property was sold and shall refer to the rower of sale 1
therein contained, and to the sale or sales made by virtue thereof; and in case of an assignment of such certificate or cei tificatcs of purchase, or in case of the
redemption of such property, by a subsequent encumbrancer, such assignment or redemption shall :dw be refet rail to in such decd 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 side. after fiisi p:ryng and retaining all fees,
charges and costs of making said sale, pay to the beneficiary hereunder of the legal holder tit said note the prncipal and interest due on said
note according to the tenor and effect thereof, and all moneys advaiard by su(h beneficial y tit legal holder of s:ud nnic for insurance,
taxes and assessments, with interest thereon at - 18- per cent per annum, rendering the overplus, if any, unto the said part Y of the first
part, its legal representatives or assigns; which side or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity, aig.urist the
said part y of the first part, i t S Successors *uimand 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 (if said note or notes may purchase said property or any part I
thereof; and it shall not be obhgalory upon the purchaser of purchasers at any such sack ht see to the application of the purctcisc money. If a release deed be I
required, it is agreed that the part y of the first part, Its successors 1 eir•ror assigns, will pay the expense thereof
No. 341-B Rev. '79- DEED OF TRUST. (No- Due oo Sale Clause)- Public Trusiee -Receiver's Clause - AI I orney's Fees.
-Bradford Ptihh,hing CO IO-rill
And the said pert y of the first pa, 1. for ' t a g ,T &W for A-4 ` -t/-Cc 0~
. wrgrl yAmirristr.
covenant and agree to and with the! aly of the second pact, tp~p1 at thole f the ensealing at+dd.gdiypy of r
presents it is well seized of the said land and tenen in fee simple, and ha S good right. rWhpgWeCpd wful
authority to grant, bargain, sell and convey the same in the manner ,nd form as aforesaid. hereby fully and absolutely waivlpg~ air c t ,,11 g ;Cw
all rights and claims it may have in or tar said lands, tenements, and property as a Homestead Exemption, qt qt(-rRminption,
under and by virtue of any act of the General Assembly or the State of Colorado or as any exemption under and by virtue of any 11 of the rotted 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 current and subsequent years general and special property taxes;
covenants, restrictions, easements, and rights of way all as of record;
rights and reservations as contained in the United States of America Patents
all as of record; and water and ditch rights of record.
and the above bargained property in the quiet and peaceable possession of the said party or the second part, his successors and assigns, against all and every
person or persons lawlully cLanung tit it, cL•un, the whole U, any l%„ I thn•cur, [lie said part y 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 part y of the first part will in due season pay all taxes and
assessments levied on said property: all amounts duc on account of principal and interest on prior encumbrances, f any; and will keep all buildings that may at any
time be on said Inds, msured against loss by fire with extended coverage endorsements in such company or companies as the holder or said
note may, from time to time direct, for such sum or U,ms as such company or companies will insure for, not to exceed the amount of said indebtedness,
except at the option of said part y of t he fret part. with loss, if any, payable to the beneficiary hereunder, as its interest may appear. and will
deliver the policy or pout of insurnce to the beneficiary hereunder, as further security for the indebtedness aforesaid. And in case of the failure of said
party of the first part to thus insure and deliver the policies of in%urance, or to Ix,y such truces or assessments or amounts due or to become due on any
prior encumbrances, if any, then the holder of said note , or any of them, may procure such insurance, or pay such taxes or assessments or amount due
upon prior encumbrances, if any, and all moneys thus paid, with interest thereon at -18- per cenh,m per annum, shall become so myth additional
indebtedness, secured by this Deed ofTrust, and shall be paid out of the proceeds of the sale of the property aforesaid, if not otherwise paid by said part) of the
first part and may for such fadlurc declare a violation of this covenant and agrrecment.
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 t he 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 t he 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 forecoxure 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 maybe appointed by any court of competent jurisdiction
upon ex parteapplicationund without nutic c-notice being hcrchy expresJy waived-and all rents, issues and profits, incomre 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 or stud lx,ymcnts of principal or interest, according to the tenor and effect of said pnomis%ory note aforesaid, or any
of them, or any put thereof, or of a breach or violation of any of the covenants or agreCments herein, by the part Y
of the first 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 orthc It.-gal holder thereof, become due aril payable, and the said property be sold in the manner nrxd with
the %.,me effect as if said indchtcdncss had matured. and the if Ibtcclosur'e lie trade by the Public 'T'rustee, an attorney's fee of the sum
of a reasonable amount e s for services in the supervision of said foreclosure proceedings shall be allowed by the
Public Trustee a% a part of the cost of foreclosure, and if foreclosm a hc- made 1 h, otlgh the courts a rcasom,ble attorney's fee shall he taxed by the court as a part orthe
cost-. of such foreclosure proceedings.
Should any provision oft his Deed of li u%1 lie Band to violate I he ♦t:at rtes o, con t decisions of the slate orColo, ado, or of t he United States, such provision shall be
deemed to be amended to comply with and conform to such stautes 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:
BY:
Shelley M. Parker, Secretary
BLOCK 5, I.TD., A COLORADO LIMITED PARTNERSHIP
BY: SADDLE RIDGE 'T'OWNHOUSES, INC., A COLORAD(
CORPORATION, A GENERAL PAR'T'NER
BY: _ [SEAL]
Robert L.-tsar era rest en
(SEAL]
BY: BY: KFAL
THOMAS W. BOURKE, A GENI.RAI, PARTNER ROBERZfi~-Ts7C1~R1'I~, I~Cr1 TF~ t
STATE UFCOI.I)RAEX), Thcforegoinginstrumentwasacknowledged heforittrrOcthiis PRTke
~--p Sider
Eagle 82
County of -.s. Q_
- •1t'cI'r-Shcl ley P1:- Parkef , s Lrctary- of-Saddle-Ri e- o
houses, lnc., a general partner of Block 5, Lt., n
Rob rt T,.. Parker and "Thomas IP--I3 u k TUIPrartnc
-Ind Ltd. ~e0•.u,~•[.
1-JA~.!'u.P
Witness my lu,nd and official ~:d. 1h4
Ply commission expires: Notary Public.
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Recorded at o'clock M.,
Reception t Recorder.
THIS INDENTURE, Made this day of RECORDER'S STAMP
1982 , between
li WILDRIDGE DEVELOPMENT COMPANY, a Colorado Partnership
hereinafter called the assignor of
~ the first part, and TOWN OF AVON, COLORADO
hereinafter called the assignee , of the second part, witnesseth, j
that
!
WHEREAS BLOCK 5, LTD., a Colorado limited partnership
did, by a certain trust deed, dated the day
of , 19 82 , filed for record in the office of the
Recorder of the County of in the
State of Colorado, on the day of , 19 82,
and duly recorded in book , at page (Film No. Reception No. grant,
bargain, sell and convey the property therein and hereinafter described to
WILDRIDGE DEVELOPMENT COMPANY, a Colorado Partnership
and its assigns, to secure the
payment of one promissory note , for the principal sum of One Hundred Ninety-one j j
Thousand Two Hundred Fifty and no/100 Dollars and interest. j
NOW, THEREFORE, in consideration of the sum of Ten and no/100 dollars & other good & ! .
! ;valuable consideration Dollars, paid by the said assignee to the said assignor , the receipt I !
whereof is hereby acknowledged, the said assignor hereby assign s unto the said assignee , the said
trust deed and note secured thereby, together with all moneys now owing or that may
hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the
covenants and provisos therein contained, and the said assignor hereby grant s and conveys unto
1 the said assignee the following described property situate in the County of
Eagle and State of Colorado, to wit:
Lot 10, Block 5, Replat Number 2, Final Subdivision of Wildridge
as recorded October 8, 1981 in Book 330 at Page 78, County of
i
Eagle, State of Colorado j
;Mg09y/pNAyrAtV411AY0V71NV
TO HAVE AND TO HOLD the said trust deed and note , and also the said property unto
the said assignee forever, subject to the terms contained in said trust deed and note
i And the said assignor hereby covenant s with the said assignee that the said trust
deed and note hereby assigned is a good and valid security and that the sum of One Hundred Ninety-one
Thou$6nd Two Hundred Fifty and no/100 --Dollars remains unpaid on the said note and that the said
assignor ha s not done or permitted any act, matter or thing whereby the said trust
deed has been released or discharged, either partly or in entirety and ha s the right to assign said i
trust deed and note and will upon request do, perform and execute every act necessary to
enforce the full performance of the covenants and agreements therein contained and that this assignment and
the covenants herein shall inure to the benefit of and extend to and be binding upon the heirs, executors,
administrators, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the part y of the first part ha s executed these presents the day and year first
j above written.
WILDRIDGE DEVELOPMENT COMPANY, a
Signed, sealed and delivered in the presence of Colorado Partnership [SEAL]
BY [SEAL]
ji Larry D. Goad, Attorney-in-Fact
[SEAL]
! STATE OF COLORADO, The foregoing instrument was acknowledged before me
!il ss. this day of ,19
County of JJJ i'
~ by
' Witness my hand and official seal. 1
My commission expires
Nu1.uy Public. i
!
No. 31-A. ASSIGNMENT OF MORTGAGE oR TRUST DEED. -®1978 Bradford l'ubli,hmg. 1516' We,1 44th Avenue. Golden, Culurado80401 -(301) 278-0644-7-80
i •
ASSIGNMENT OF COLLATERAL
FOR VALUE RECEIVED, Wildridge Development Company, a Colorado
Partnership hereinafter referred to as "Wildridge", hereby assigns,
transfers and sets over unto The Town of Avon, Colorado, for the purpose of
securing a partial release of deed of trust on Lot 10, Block 5, Wildridge
Subdivision, as per the recorded Replat #2 thereof, as recorded in Book 330
at Page 78, County of Eagle, State of Colorado, all of its right, title and
interest in and to that certain Promissory Note dated October , 1982, payable
to the order of Wildridge and wherein Block 5, Ltd., a Colorado Limited
Partnership is Maker.
Wildridge hereby certifies that the principal amount owing under
the abovementioned Promissory Note as of the date of this Assignment is
$191,250.00.
Wildridge shall be entitled to receive the payments thereunder
until such time as Wildridge shall be in default under the terms of that
certain Subdivision Improvements Agreeement dated July 10, 1979, as
amended.
DATED this day of , 1982•
WILDRIDGE DEVELOPMENT COMPANY, a
Colorado Partnership
BY:
Larry D. Goad, Attorney-in-Fact
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day
of , 1982, by Larry D. Goad, as Attorney-in-Fact for
Wildridge Development Company.
My Commission Expires 6-30-84.
Notary Public
Address
October 20, 1982
Patricia J. Doyle, Town Clerk
Town of Avon
P. 0. Box 975
Avon, CO. 81620
Dear Pat:
~/~/lam
G
C
Wildridge Development Company would like to request a few minutes at
the regular meeting of the Town Council of the Town of Avon on
October 26, 1982.
The subject of our appearance will be the approval by the Town of Avon
for release and reassignment of 3 lots in Block 5 of Wildridge Subdivision
from our collateral assignment to the Town. This will be accomplished in
the same manner at Lot 6, Block 5 was with Resolution 82-11.
If you have any questions, please contact us.
Sinc ely,
Larry n Goad
Executive Vice President
LDG:lr
P.O. Box 954, Avon, Colorado 81620 (303) 949-5743