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HomeMy WebLinkAbout0379 "'~....... .~'c,'~ion No. ___ ~ .....~:,. , Recorder WARRANTY DEED J)\) \) !) . liS DEED, Made this 1ST day of JULY, 1992 betwccn GLEN IIALENSEIFEN AKA II & B ENTERPRISES, A COLORADO GENERAL l'ARTNERSlIIP &LYNN BALENSEIFEN AKA B & B ENTERPRISES, A COLORADO GENERAL PARTNERSHIP of the County of and State of , grantor, and CITY OF WIIEAT RIDGE, A MUNICIPAL CORPORATION whose legal addrcss is 7500 W. 29TII AVE., WIIEAT RIDGE, COLORADO 80033 of the Couoty of JEFFERSON and St.1te of COLORADO, grantcc: RECEPTION NO. 7/07/92 13:25 RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO 92080522 5.00 /l \ WITNESSETII, That the grantor, for and in eonsidcration of the sum of FIFTEEN THOUSANI> TWO IIUNI>RED SIXTY-FOUR AND OOllOOths I>OLLARS, ($15,264.00), thc reccipt and sufficicncy of which is hcreby acknowledgcd, has granted, bargained, sold and conveyed, and by these presents docs grant, bargain, scll, convey and confirm unto the grantee, his heirs and assigns forever, all the real propclty togethcr with improvcments, if any, situatc, lying and being in the County of JEFFERSON, and State of Colorado, dcscribed as follows: TIlE WEST 15 FEET AND TIlE NORTII 15 FEET OF TilE WEST 66.5 FEET OF TilE FOLLOWING DESCRIIIED TRACT OF LAND: TIlE NORTH 138.28 FEET OF TilE E 112 OF TIlE E 1/2 OF TIlE SE 1/4 OF TIlE SE 114 OF SECTION 21, TOWNSIIII' 3 SOUTII, RANGE 69 WEST OF TIlE 6TII P.M" EXCE1'T PORTION LYING WITIIlN KIPLING STREET, AND EXCEI'T TIlE WEST 10 FEET OF TIlE EAST 40 FEET AS GRANTED TO TIlE STATE DEPARTMENT OF IIlGIIWAYS IN DOCUMENT RECORDED IN nOOK 2091 AT PAGE 29, COUNTY OF JEFFERSON, STATE OF COLORADO. ~~J ~ ~ ~- <-W Z -. u = c.> <-W 0- -< l- v': also known by strcct and numbcr as VACANT LAND, WIIEA T RII>GE, COLORADO 80033 TOGETIIER with all and singular thc hcreditamcnts and appurtcnanees thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the heredit.,ments and appurtenances. TO I1A VE AND TO I10LD the said premises ahove bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantcc, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above cor.vcyc<!, !:a, g"0d sure perfect absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, amI ~:lat the same :'1re free and -:le2.r from all fonner and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due or payable, easements, restrictions, reservations, covenants and rights-of-way of record, if any, . ~ <, eX, Iv ~.~ " ;,,"'" , ,v oJ ~ I 'J " ') The grantor shall and will WARRANT AND FOREVER DEFEND the above,bargained premises in the quict and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whnle or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WIIEJEOF, thc grantor has executed this deed on the date set forth above. /.. -::> ' ~ 1 ~~ ~ , . ~ / ~ ~! , . , . - /' .".,,', '/". _/j;, ~'r;;;'{f;'I' ~\, , Zj-tt1~#::t;;. LYNN BALENSEIFEN & B ENTERPRISES';" l<'~U;N IlALIONS/;/' II & II ION/ERI'RI~ , 1/ COLORADO GENERAL I' RTNERSIIIP A COLORADO GENERAL PARTNERSHIP STATE OF COLORADO COUNTY OF JEFFERSON ) ) ss. ) The foregrung 'mstrpmcnt was acknowledged before me this 1ST day of JULY, 1992 by GLEN IlALENSEIFEN AKA B & B ENTERPIUSJ;;S, A -C01"ORADO GENERAL PARTNERSmPj LYNN IlALENSEIFEN AKA B & B ENTERPRISES, A COLORAOO , GENERAL PARTNERSHIP and -i' / ;)~ My Com"il~sioj\ e"i"res, \.J / .) /~7 V han,d and official seay/;:, / .. " C <,L-c--<-' -;z...-<<} <-C- teL--V No r Public f' - ; ~ ~' 't>dn" ,\ No. 9J2A. Rev. 7-84. W ARRA1~T\' DElW (ror Pbotographic Record) STA TE:\lENT OF SETTLEMENT ~~ ~~ o 2Securit!f Title Guaranty Co. SELLER'S PROPERTY ADDRESS o PREPARED FOR 4~7~ KTPI TNG ST , ESCROW NO WHEAT RIDGE. CO 92G279 PURCHASER'S SELLER PURCHASER SETTLEMENT DATE B & B ENTERPRISES, A CITY OF WHEAT RIDGE. 07/01/92 COLORADO GENERAL PARTNERHIP A MUNICIPAL CORPORATION DA TE OF PRORA TtON 06/30/92 LEGAL DESCRIPTION W 15 FT. & N 15 FT, W 66.5 FT. COUNTY OF JEFFERSON. STATE OF COLORADO DEBIT CREDIT 1 Selling Price 15264.00 2 Deposit. paid 10 3 Trust Deed payable to 4 Trust Deed payable to S Trust Deed. payoff to EUGENE CoOKENBOO 15101. 66 G Interest on Loan Assumed 7 Title Ins PremIum 8 Abstracting Before Sale 9 Alter Sale 10 Tille Exam by 11 Recnrdlng Warranty Deed 12 TI usl Deed 13 Release 14 Other Other 15 Documentary Fee 16 Certificate of Taxes Due 17 Taxes for Prer.:erl1l1g Year(s) \8 Taxes lor Current Year 19 Tax Reserve 20 Special Taxes 1992 (326.50) 182 DAYS @ .892 162.34 21 Persona: Property Taxes 22 Hazard Ins Premo Assumed 23 Premium for New Insurance 24 Hazard Ins Reserve 2S FHA Mortgage Ins. Assumed 26 FHA Mortgage Ins Reserve 27 Loan Service Fee (Buyer) 28 Loan DISCOlHl\ Fee (Seller) 29 Interest on New Loan 30 Surveyor Improvt?ment Location Certdicate Credi\ Repor\ 31 Appraisal Fee 32 Water and/or Sewer 33 Rents 34 Security Deposits 3S Loan Transfer Fee 36 Loan Payment Due 37 Broker 5 Fee 38 Escrow Fee 39 40 41 ^2 Sub-Tot.ts ' <;'/"'-./1. (],(]1 , ~~ Balance du Seller 01 0101 01 0101 Balance due lo/from Buyer TOTALS 15264.00 15264.00 APPROVED AND ACCEPTED Sales or use laxes on personal property not Included Security Title Guaranty Co assumes no ,esponsibillty for Ihe adiustmenl of special taxes or assessments unless they are shown on the Treasurer's Ce,tificate of Taxes Due The condition of title to the property is to be defermlned by reference to the tilfe evidence provided by Seller or by personal investigation The above stalement is approved as of the settlement date shown above and Security Title Guaranty Co is hereby authorized to disburse as Trustee funds as Indlca~ed ~~' ~JrM.Ur/Seller A~.......... GLEN BALENSEI FEN AKA. & B ENTERPRISES, Broker/AgenI 'IJrMaUr/Seller A COLORADO GENERAY~ PARTNERSHIP '/ rJril!aUriSeHer../'i;/~' ,to' /d.(~ - 'f/' L fiN BALENSEIFEN B B ENTERPRISES, tJrl.t!aJ,,fr/Seller LCQ10RADO GENERAL PARTNERSHIP Escrow Officer r0.~'V' v The pnnted portions 01 this form e.J&e.Ql_IJaIKJL.ed_acltJ.JJ!9.D.s have been approved by the Co\ora6o Real E.~\a\e Commlss10n tSS 60.7.7 ') STG 44084 r:!5ecuril!f Tille Guaranty Co. STA TE\IENT OF SETTLEMENT I~ ~I"~;'.~" ,,0.1 ~ ~ u SELLER'S PROPERTY ADDRESS o PREPARED FOR. 4075 KIPLING ST., 92G279 PURCHASER S SELLER PURCHASER SETTLEMENT DATE COLORADO GENERAL PARTNERHIP A MUNICIPAL CORPORATION DATE OF PRORATION 06/30/92 LEGAL DESCRIPTION W 15 FT. & N 15 FT, W 56.5 FT. COUNTY OF JEFFERSON, STATE OF COLORADO DEBIT CREDIT . I Selling Price ,CO....,r-A 17\17\ 2 DeposI!. paid to 3 Trust Deed. p3yable to 4 Trust Deed payable to 5 Irusl Deed. payoff to 6 If\ten~st on Loan Assumed 7 Tille Ins Premium 8 Abstracting Before Sale 9 Ahcr Sale 10 Tille Exam. by 11 RecordIng Warranty Deed 12 Trust Deed 13 Release 14 Olher Other 15 OoclJrnent?.ry Fee 16 Certificate of Taxes Due 17 Taxes lor Preceding Year(s) 18 Taxes lor Current Year 19 Tax Reserve 20 Special Taxes 21 Persona: Properly Taxes 22 Hazard Ins Premo Assumed 23 Premium for New Insurance 24 Hazard Ins Reserve 25 FHA Mortgage Ins. Assumed 26 FHA Mortgage Ins. Reserve 27 Loan Service Fee (Buyer) 28 Loan Discount Fee ,Seller) 29 Interest on t~cw Loan 30 Surveyor Improvement Location Certificate CredIt Report 31 Appralsfll Fee 32 Water and/or Sewer 33 Rents 34 Security Deposits 35 LnCin Transfer Fee 36 Loan Payment Due 37 Broker s Fee 38 Escrow Fee 39 40 41 42 Sub,Tolals ,co....,rA 0l17\ 01 0101 Balance due to/I rom Seller Balance dueXb"rom Buyer 01 0Ir71 'C;'")C./l. f1If11 TOTALS 15264.00 15264.00 APPROVED AND ACCEPTED Sales or use taxes on personal properly not included Security Tille Guaranty Co assumes no ,esponsibllily fo, the adjustment of special taxes or assessments unless they are shown on the Treasurer's Certificate of Taxes Due The condition of tille to the prope'ty is to be determined by reference to the tille evidence provided by Seller or by persona/Investigation The above statement IS approved as of tile settlement date shown above and Security Tille Guaranty Co is hereby authorized to disburse as Trustee funds as mdlcated PurChase/liJ,IM City of Whe~t Ridge, a Municipal Corporation Brokerl Agent Purchaserti,r/iIM by' Qat, rJ WAC'''.-v a. Title: f 1 ',7 11, Cl.--l.fA::"v'" , ~ Escrow Of11cer ~-' ,;:X:J ~'(;{ Id--<./V/ , .J Purchaserl'f,,jllh{ The pnnted portions 01 this rorm e:x~_e.p_L.!tallc.l.Z.e(LacldLtioI1-' have been approved "by \he Colorado Real Estate Commission (5560-1 J') Purchaser/Seller STG 44084 VACANT lAND SECURITY TITLE GUARANTY CO. REAL ESTATE TAX/ASSESSMENT AGREEMENT It is hereby understood and agreed that taxes for the current year for property known as VACANT LANIl, WHEAT RIDGE, COLORADO 80033 have been prorated on an estimate of $ 326.50 as of this date on the basis of: ( ) The most recent assessment and miIllevy: 1992 Land Assessment 1992 Improvement Assessment 1991 Mill Levy TIle above figures were obtained by telephone from the County Assessor's Office. SECURITY TITLE GUARANTY CO. is released from any and all liability in the event the County Assessor misquoted the assessments and/or mill levy figures, Any further adjustments shall be made solely between the Buyer(s) and Seller(s). (x ) Estimate as provided by Gary Wardle of City of Wheat Ridge. Based on square footage of property. Seller warrants that property IS NOT subject to a pending tax protest and/or appeal. It is agreed by the undersigned that the above adjustment shall be: (x) Considered a final settlement. ( ) Re-adjusted between the Buyer(s) and Seller(s) when the tax statement is available from the County Treasurer. ( Re-adjusted between the Buyer(s) and Seller(s) as to any changes in the unimproved land assessment or mill levy The Buyer(s) and SeIler(s) assume responsibility for pursuing and effectuating any re-adjustments SECURITY TITLE GUARANTY CO. is released from any and all responsibiIi,y [or said re-adjustment. SECURITY TITLE GUARANTY CO. assumes no responsibility for the adjustment of special taxes or assessments or for the exception of these items in the conveyance. Seller(s) hereby warrants that special assessments affecting subject property, including but not limited to Homeowners Association dues or assessments, are paid in full, except as reflected on the statements of settlement. SELLER AGREES TO PAY ANY ADDITIONAL FUNDS THAT MAY BE NEED BY THE COUNTY TREASURER Dated this 1ST day of JULY, 1992. AFTER THE 1992 MILL LEVY HAS BEEN ASSESSED. , , / ~" ,.' ., j/>, " / ~ /___ ./ (~ ~_::7 {' ./ __r'/_.("" /_<,__, LYNN ALENSEIFEN AKA B & B EN~PRISES, A COLORADO GENERAL PARTNERSHIP CITY OF WHEAT RIDGE, A MUNICIPAL CORPORATION by -(7f'd/ t'/'7l /fIr .~,,' A ~. 1 GLEN BALENSEIFEN AKA B B ENTERPRISES, A COLORADO GENERAL PARTNERSIIIP Seller forwarding address: I CLOSING INSTRUCTIONS I THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. TO' CITY OF WHEAT RIDGE, A MUNICIPAL CORPORA TION GLEN BALENSEIFEN AKA B 8r. B ENTERPRISES, A COLORADO GENERAL PARTNERSHIP LYNN BALENSEIFEN AKA B 8< B ENTERPRISES, A COLORADO RE. VACANT LAND, WHEAT RIDGE, COLORADO 80033 GLEN BALENSEIFEN AKA B & B ENTERPRISES, A COLORADO GENERAL PARTNERSHIP LYNN BALENSEIFEN AKA B & B ENTERPRISES, A COLORADO ISELLERS] and CITY OF WIIi:AT RIDGE, A MUNICIPAL CORPORATION [PURCHASER] engage SECURITY TITLE GUARANTY CO. ICLOSING AGENT!. who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of JEFFERSON, Colorado, to wit: THE WEST 15 FEET AND THE NORTH 15 FEET OF THE WEST 66.5 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND' THE NORTH 138.28 FEET OF THE E 112 OF THE E 112 OF THE SE 114 OF THE SE 114 OF SECTION 21, TOWNSHIP 3 SOUTIl, RANGE 69 WEST OF THE 6TH P.M., EXCEPT PORTION LYING WITHIN KIPLING STREET, AND EXCEPT THE WEST 10 FEET OF THE EAST 40 FEET AS GRANTED TO THE STATE DEPARTMENT OF HIGHWAYS IN DOCUMENT RECORDED IN BOOK 2091 AT PAGE 29, COUNTY OF JEFFERSON, STATE OF COLORADO ale'1 known as: VACANT LAND, WHEAT RIDGE, COLORADO 80033 2 Closing Agent is authorized to obtain information, and agrees to prepare, obtain, deliver and record all documents, excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real estate, dated 04-28-92, with ALL amendments and counterproposals attached [Contract!. and made part of this document. 3. Lefl'Jof documents will be prepared by SECURITY TITLE GUARANTY CO at the expeose of N A [BROKER]. 4 Closing Agent will receive a fee not to exceed $ 100.00 for providing these closing and settlement services to be the expense of buyer 5 Closing Aqent is authorizerl to receive funds .1nd to disburse funds when all funds received are either' available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn ["Good Funds"] 6 Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in paragraphs 12 and 13 7 Closing Agent shall disburse all funds in closing except those funds as may be separately disclosed in writing to Purchaser and Seller by Closing Ageot or Purchaser's lender on or before closing. 8 Seller will receive the net proceeds of closing as indicated: @Closing Agent's Trust Account Check. 0 Cashier's Check at Seller's expense. 0 Funds electronically transferred [wire transfer] to an account specified by the Seller, at Seller's expense. 9 Purchaser and Seller will furnish any additional information and documents required by Closing Agent which will be necessary to complete this traosaction, and Purchaser and Seller further agree to sign and complete all and customary required documents at closing to fulfill the ConUJct. 10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Seller at timc of closing. 11 If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before closing to disburse Good Funds. 12. If closing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all documents, mnnics, and t~\,ngs of val, '0 to the depositing party and Closing Agent will be relieved from any further duty, responsibility or liability in connection with these instructions. In addition, any promissory note, deed of trust. or other evidence of iodebtedness signed by Purchaser, shall be voided by Closing Agent, with the original(sl returned to Purchaser and a copy to Purchaser's lender 13. If any conflicting demands are made on the Closing Agent, at its sole discretion Closing Agent may hold any monies, documents, and things of value received from any party except Purchaser's lender. Closing Agent shall retain such items until (i) receipt of mutual written iostruction from Purchaser and Seller; or (2) until a civil action bctween Purchaser and Seller shall have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Agent may. io its sole discretion, commence a civil action to interplead, or, interplead in any existing civil action, aoy documents, monies or other tl,ings of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further liability and responsihility and Closing Agent shall be entitled to all court costs and reasonable attorneys' fees. 14 These closing iostructions may only be amended or terminated by written instructions signed by Purchaser, Seller and Closing Agent. 15 Special lostructions: APPROVED AND ACCEPTED: \9('" 7;1. -, 4 .YJ"~ }7"'~~' , ~- L _. ...-' / - ~jt.' , / /; // / /' LY;~ALENSE ~~ B~B ENTERPRISES, A COLORADO GENERAL PARTNERSHIP RIDGE, MUNICIPAL E,A Closing Agent /\A~ \ B;~' ~/!l/l--1 /1/92 I j Date PARTIAL RELEASE OF DEED OF TRUST D4TE July 3, 1992 Grantor CONG CHU AND HOA PHAM CHU Original Beneficiary EUGENE COOKENBOO AND GILLIAN S. COOKENBOO Date of Deed of Trust: January 28,1981 Recording Date: County: February 2, 19B1 Jefferson Reception No. 81007331 . and/or Page Book No. said COUNTY OF Jefferson TO THE PUBLIC TRUSTEE OF THE Please execute this release, as the indebtedness has been partially paid and/or the terms and conditions of the trust have been partially satisfied t 6eneficiary Cookenboo and Gillian S. Cookenboo (Till.) Colorado County of Arapahoe ) ) 55. ) The foregoing request for release was acknowledged before me this 3 day of July 19 92 , by Eu~ene Cookenboo and Gillian S. Cookenboo as of "'''''''' Witness my hand and official seal. ~. (~. C\ 11,,/, ) ,.J' "M .. . '< .........:. vJ_ y commiSSIOn expIres' /"- .' ..,. c . . (\ . / ;.....,'0.\':\/II'\,031.p94 ~ ~~ ' :: I,): \, : )J : = n ~ -0-<' j_r- : ~ ~j i \ //' U ',.\ 'V:,,[; E A't. i' NOTARY I'U.~ >- - n_ - - ~ ':.'." -'( I ': .~'.~"."~'{j<:''? ,.,:: '. <. 0 - - (J\- .... """" i " " 'KNOW ALL MEN. that the above referenced Grantorlsl. conveyed certain real property descrl!;~tl"'ln the above refcrcnced Deed of Trust. to the above refcrcnced Public Trustcc, in the State of Colorado to be held in trust to sccure the payment of the indebtedness referrcd to therem. NOW THEREFORE, at the written 'request of the legal holder of the said indebted- ness. and in consideration of the premises and the payment of the statutory sum. receipt of which is hereby acknowledged. I, as thc Public Trustee in the County first refcrcnccd above, do hcrcby remise, release and quitclaim unto the present owner or owncrs of said rcal propcrty, and unto the heirs. successors and assigns of such owner or owners forcvcr. all the nght. title and interest which I have under and by virtue of the aforesaid Deed of Trust in thc real estate dcscribed thercin, and morc particularly described as follows. TO HAVE AND TO HOLD THE SAME. with all the privileges and appurlcnances thcreunto belonging forevcr; and furlher I do hereby and absolutcly release. canccl and forever discharge said Dced of Trusl. "I Pl'BLI C TR lISTEE ST A TE OF COLORADO COUNTY OF ) ) ss. } The Foregoing release of Deed of Trust was acknowledged before me this of . 19 . by as the Public Trustee of thc County of Colorado. day My commission expires Witness my hand and official seal. [SEAL] NOTARY I'unuc 540/927B FRM <C U"itd Tille Companies 1990 ",,-------- p.' p~ tJJb. UA( fa r/25 ; ~vU h ;LJ-! t~ ALL-INCLUSIVE PROMISSORY NOTE $200,000.00 January 28 , 19~ FOR VALUE RECEIVED the undersigned promise to pay to Eugene Cookenboo and Gillian S. Cookenboo, as joint tenants and not as tenants in common, the survivor, or order, the sum of Two hundred thousand and no/lOO Dollars ($200,000.00), together with interest at the rate of eleven and one-half percent (11 1/2%) per annum, in monthly installments of Two thousand and nO/lOO Dollars ($2,000.00), or more, beginning on the 28 day of Februarv , 1981 and continuing thereafter on the 28 day of of each and every month until the first of the following events occurs, at which time the entire balance of principal and accrued interest, if any, shall be due and payable at once: 1. The entire principal and accrued interest are paid in full. 2. The holder declares a default, as defined below, or 3. The undersigned sell or transfer any interest in the real property which is the subject of a deed of trust executed concurrent herewith and which secures this obligation. 4 . On November 28 paid in full. , 2008 , if not previously Said payments are payable at 6153 South Valley Drive, Morrison, Colorado 80465, or as otherwise directed in writing by the holder hereof. A late charge of five percent (5%) of the amount of installment due shall be paid together with any installment paid more than ten (10) days after the due date. Every payment received shall be credited in the following order: . 1. First, to the payment of any late charges due, 2. Second, to the payment of any interest due and 3. Third, the balance, if any, to the payment of principal. Prepayment, if any, shall or shall not be allowed as follows: 1. During the first ten (10) years after date hereof a prepayment penalty equal to one percent (1%) of the period principal amount shall be due and payable together with and at the same time as all such prepayments. 2. From the eleventh (11th) through the twentieth (20th) years after date hereof a prepayment penalty equal to three-fourths of one percent (3/4%) of the prepaid principal amount shall be due and payable together with and at the same time as all such prepayments. 3. Any prepayments shall not excuse or postpone payment of future installments on their regular due dates. The holder hereof may declare default hereunder upon the occurance of any of the following events: 1. Any installment of principal and accrued interest is not paid within thirty (30) days after it is due, 2. A breach of any of the other terms, conditions and provisions of this promissory note occurs. (0 e'_ c:- - cl-{(J -2- 3. A breach of any of the terms, conditions and provisions of the deed of trust executed concurrent herewith occurs, which deed of trust secures this obligation, and 4. A default under the terms, conditions and provisions of any other security agreement, document or instrument given as security herefor. If this note is not paid when due or declared due hereunder, or accelerated as set forth above, the principal and accrued interest thereon shall draw interest at the rate of fifteen percent (15%) per annum. The acceptance of any partial payment by the holder hereof after the time it becomes dues as set forth above, shall not be a waiver of any rights of the holder nor establish a precedent for late payment or partial payments. The undersigned and endorsers hereof severally waive presentment for payment, protest, notice of non-payment and protest, and agree to any extension of time of payment and partial payments before, at or after maturity, and if t ~ note or interest hereon is not paid when due, or suit i , ) brought, agree to pay all reasonable costs 0 collection including a reasonable amount for attorney' fees. ~ cong Chu (1k-v~( Hoa Pham Chu Q)+J "'''' 0 .c: 0 +J "'''' 0 Z +J " 0 ~ 0 0 0 '"' '" '" 0 ;H z 0 <'1 "'''' "'''' NCOO..-lNCO 0 0 rn Q) Q) => '" '" "'''' N'" MNCOO'\LOC'l '" '" ~ >rl ~ '" '" P:i Q.J n:l'r-! 0 ... "'''' ...'" ...'" N<'1 '" '" 'O.c.c'+-l 0 <'1 N<'1 N'" "'''' "'''' "'''' '"' O+J 000 '" '" N "'''' '" '" N'" r:.. ~ Q) 0 0 >< .c: +J 0 ON'" 0 N .: N >< r:.. - +J '" ...-i LO,.... <'1 '" '"' ..: '"' ):..-1 "Cl Q.l +J<'1N '" '" '"' 0:> .0 ~""'.... '" '" ~ '" '" '"' Q) ......., >t '" Z '"' ..Q'U..c::rtl ~ '" ~ r:.. 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'"' Ul .. '" -< - 0 0 H Z 0 " P:i '" 0 '" H '0 0 o '" '0 :> > >< Q) 0 '0 Q) ...-1..-1 H U '" '"' .c: .c: +J.c:", '" >-1 H U z ...:l -+J '" +J 0 Ul '" U Ul '" '0 e '" '" N H 0 Ql '+-I QJ 0 '"' Ul '" oj c:<: U cO'04JQJ 0 I '" ~ Q) .c: '" '" c:<: .r-i Ul H '0 .j.J .,; 0 ~ :..> r:.. '" Q) Q) >>~ ~ '" I '" H.-! H'...-I .c o Q) Q) 12 '" ... <( 0 QJ rd 0'+-1 .j.J "'''' >> ~ "d I/J '+-1...-1..-1 "'rl " '"' 0 +J :> '" Q) '" Q ::I C '0 l-1 o Ul ~ <'1 ~ ill Q) Q)-+J u 0 1: OJ..-I H U 'n Eo< -< .c .--l ...-1 '" Q) Q '" "Z. +J " 0 0 '" '" '" ~ x tJ1 Ql 0.. +J U '" Eo< '" ;.::,l ~ ... rtl Q) a.l Q.l .~ '" N .: 0 v ell H+JJ,..j,.Q'O Eo< Ul Q '" U RE: Commilment No. S 600814 VACANT lAND AFFIDA VIT AND INDEMNITY TO FIRST AMERICAN TITLE INSURANCE COMPANY 1. TIlis is wrillen evidence to you that there are no unpaid bills for materials or Jabor furnished for the constmction and erection, repairs or improvements on property located at VACANT LAND, WilE A l' RIDGE, COLORADO 80033 and legally described as: TIlE WEST 15 FEET AND TIlE NORTIII5 FEET OF THE WEST 66.5 FEET OF TilE FOLLOWING DESCRIBED TRACT OF LAND: THE NORTII 138.2R FEET OF TIlE E 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SI':CTION 21, TOWNSIIIP 3 SOUTH, RANGE 69 WEST OF TilE 6TII P.M., EXCEl"f l'ORTlON LYING WnllIN KIPLING STREET, AND EXCEPT THE WEST 10 FEET OF Till': EAST 40 FEET AS GRANTED TO TIlE 51' ATE DEPARTMENT OF HlGIIW A YS IN DOCUMENT RECORDED IN BOOK 2091 AT PAGE 29, COUNTY OF JEFFERSON, STATE OF COLORADO. 2. We further represent thal there are no public improvements affeding the property prior to the date of closing thal would give rise to a spccial properly lax assessment against the property after the date of closing. 3. We further represent that there are no pending proceedings or unsatisfied judgments of record, in any Court, Slate or Federal, nor any tax liens filed against us. 1bat if there are any judgments, bankmptcies, probate proceedings, slate or federal tax liens of record against parties with same or similar names, they are not against us, 4. We furlher represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that we are in sole possession of the real property described herein. The undersigned .ffiant(s) know the mailers herein slated are true and indemnifies FIRST AMERICAN TITLE INSURANCE COMPANY, against loss, costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed wilh and forms a part of the sale andlor fim\llcing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance andlor financing, and forms a complete agreement by itself for any action thereon. ( COUNTY OF JEFFERSON ) ) ss. ) STATE OF COLORADO TIle foregoing inslnIlllenl was acknowledged before me this 1ST day of .JUL Y, 1992 by and GLEN IlALENSEIFEN AKA Il & Il ENTERPRISES, A COLORAUU GENERAL I'ARTNERSIII' LYNN 8ALENSEIFEN AKA n.. ENTERl'RISllS, A COLORAUO ~ /. . "Ca J Ocx;;;l.- J My Commission Expires: S/~ /9 V ~ L ~ .' '''''''''''''''''' '/ .. / I ( No/ary PI/blic \ Ii, R 0.., """ ,") ..........'h . , " . .. "'0 .;; J.lo ,".Jt...... v.". ". -' (J. C J".." ..." 0 ~~ ; :' '_-',..-J : v ~ ~ .... r ( )"'-1 . .. :. U: ...- \ \. ..... = '" , . c..:>~,.J .: Q f,\:. -:.~ u.... '. .r~'.-# i4_ ,.:,(/.~ ~ ' . ~.. -v J ". .... ,~. .' " ',,' '...... ... """ {) ;:1 G \, 'f.., ,,' , ':01111''' ' ';"..>", ..., ~Ll"l"JU j'V Rcconkr. WARRANTY DEED TillS DEIW, Made this 1ST day of JULY, 1992 between GLEN BALENSElfEN AKA B & D ENTERI'RISES, A COLORADO GENERAL rARTNERSlll1' &LYNN BALENSEIfEN AKA 8 & B ENTERI'IUSES, A COLORADO of the County of and Slate of, grantor, and CITY 01' WHEAT RmGE, A MUNICII'AL CORPORATION whose legal address is 7500 W, 291'11 AVE., WHEAT RmGE COLORADO 80033 ' oflhe Counly of JEFFERSON and Slate of COLORADO, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of FIfTEEN TIIOUSAND TWO IIUNIlRED SIXTY.FOUR AND 00/100th. DOLLARS, ($15,264.00),the reeeipt and suflieieney of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell, convey and conlirm unto the grantee, his heirs and a..igns forever, all the real property together wilh improvements, if any, situate, lying and being in the County of JEFfERSON, and State of Colorado, described as follows: TIlE WEST 15 FEET AND TIlE NORTII 15 FEET OF THE WEST 66,5 FEET OF THE FOLLOWING nI~S\RII\ED TRACT OF LAND: THE NORTIIIJR.2R FEI~T OF TIlE E 1/2 Of TIlE E 1/2 OF TIlE SE 1/4 OF TilE SE 1/4 OF SECTION 21, TOWNSIIII' J SOUTH, RANGE 69 WEST OF TIlE 6'1'11 r.M., EXCEPT I'ORTION LYING WITIIIN KII'LING STREET, AND EXCEI'T TIlE WEST 10 FEET 01' TIlE EAST 40 FEET AS GRANTED TO TIII\ STATE DEI'ARTMENT OF IIIGHWAYS IN DOCUMENT RECORDEIlIN nOOK 209J AT I'AGE 29, COUNTY OF JEFl'ERSON, STATE OF COLORADO. also known by street and number as VACANT LAND, WHEAT RIDGE, COLORADO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and prolitstherwf, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law Or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO I1A VE AND TO I10LD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himsclf, his heirs and personal representatives, does covenanl, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the enscaling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, pcrfcel. absolute and indefeasible estate oflnheril1lnce, in Jaw, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are Cree and clear from all fonner and other grants, bargains, sales, liens, lAxes, assessments, encumhrances and restrictions of whatever kind or nature soever, rxcqlt for IAXes for the current year, a lien but not yet due or payable, Cllsements, restrictions, reservations, covenants and righu-Ilf-way of rfCord, if any, ' TIle grantor shall and will WARRANT AND FOREVER DEFEND the above-hargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular numher shall include the plural, the plural the singular, and the use oC any gender shall be applicable to all genders. IN WIT ~SS WilE 'OF, the grantor has executed this deed on the date set forth above, V Y N BALENSEIFEN B & B ENTERPRISES, A COLORADO GENERAL PARTNERSHIP STATE OF COLORADO ) ) ss. COUNTY OF JEFFqSON, ) .' ""'" ~ ~, - The J"r~'~~~ F~IS;;~;;iclJt wa; acknowledged before me Ihis 1ST day of JULY, 1992 by GLEN BALENSEIFEN AKA B & B -f,N;l'l:;ltl'RfS~S;"A.'"~.:.o!-ORADO GENERAL l'ARTNERSlIIr/ LYNN BALENSEIFEN AKA B & B ENTERrRISES, A COL\JRi\l~ v'.. \.;> -', . and ~~yC(;{mn;;ofe~re~) ~~ /d-/1' U Witness m hand and offieialsea J .? of) ~. ~.. 0 ' - 1 : : / '.~ 1 / ~ , v \ \. .. 'Q . I, _ )/, ~ l.- cr- ! \ \< \. ~ ~ .... \,,):/ 'f: . . ... .,..... .'-:. () ................., v 0.,..' ,I ,.tyrO ~ . ~" I '),:) r.\ t... ,'~ .'1'01(,; '.'..';. ~ . 'I '.J"Q -t- \) ,'\ ~...-"" ~.~< ~II' ,P .,\\ ;1-,;:-'" ..-,~ ~ _~..._ ~_.t4l\. 1~"U'ttll.,4\' , , (\'~r"~".~ .~ No. ~31A. ROT. 7-&4. WARRANTY DEED (lor rb.l.~'"rhlc Rec.rd) , , I; STA TE'lENT OF SETTLEi\lENT ,~7J' ~r..~~,.~,-.. '"'' J,i D c')ecurilff Title Guaranty Co. SELLER'S PROPERTY ADDRESS o PREPARED FOR 4075 KIPLING ST., ESCROW NO WHEAT RIDGE, CO 92G279 PURCHASER'S SELLER PURCHASER SETTLEMENT DATE B & B ENTERPRISES, A CITY OF WHEAT RIDGE, 07/01/92 COLORADO GENERAL PARTNERHIP A MUNICIPAL CORPORATION DA TE OF PRORA TtON 06/30/92 LEGAL DESCRIPTION W 15 FT. & N 15 FT, W 66.5 FT. COUNTY OF JEFFERSON. STATE OF COLORADO DEBIT CREDIT 1 Selling Price l<=;?"'A 171171 2 Deposl!. paid to 3 Trust Deed payable to 4 Trust De~d payable to 5 Trust Deed, payoff to G Interest on Loan Assumed 7 TdlJO:! Ins Premium 8 Abstracting Belore Sale ~-~ .-- 9 A{\er Sale 10 Title Ell.3rn by 11 Recording Warranty Deed 12 T rust Deed 13 Release 14 Other OHler 15 Documentary Fee 16 Certificate of Taxes Due 17 Taxes lor Precedrng Year(sl 18 Taxes (or Curref1t Year 19 Tax Reserve 20 Special Taxes 21 Persof\a~ Property 1 axes 22 Hazard Ins Prem. Assumed 23 Premium for New Insurance 24 Hazarc11ns Reserve 25 FHA Mortgage Ins. Assumed 26 FHA r\l1ortgage Ins Reserve 27 Loan Service Fee (Buyer) 28 Loan Discount Fee (Seller) 29 Interest on New Loan 30 Surveyor Improvf!ment Location Certdicate Crefill nerort 31 Appraisal Fee 32 Water and/or Sewer 33 Rents 34 Security Deposits 35 Loan Transler Fee 36 Loan Payment Due 37 Broker s Fee 38 Escrow Fee ]9 40 41 42 Sub~Tolals ,<=;"''''A 0101 171 171171 Balance due to/from Seller B8\anc~ due~lfrom Buyer 01 0101 l~~r. ,.",." TOTALS 15264.00 15264.00 APPROVED AND ACCEPTED Sales or use taxes on persona/ property not Included Security Tille Guaranty Co assumes no responsibility fa, the adlustment of speciat taxes or assessments unless they are shown on tile Treasurer's Certificate of Taxes Due The condition of tille to the property is to be determined by reference to the tllle evidence provided by Seller 0' by persona/investigatIOn The above statement IS approved as of the settlement date shown above and Security Title Guaranty Co is he,eby autho,ized to disbu,se as Trustee lunds as indicated Purchase/Jicfil/,j City of Wheat Ridge, a Municipal Corporation Broker/Agent purchaser/~</rIU by: Ctl ~ d tjI'itJ' Title: J ' }/OJ~ Escrow Officer ~ Y~t,{/.L{G / --.iL ' The prmted portions 01 this lorm _e.~_eJlL.J.tallQliHL-.ad.dl1lQns. have been approved by the Colorado Real Estate Commlssion_ (5560-7-71) Purchaser/'f,if,I/J Purchaser/Seller S TG 44084 VACANT LAND SECURITY TITLE GUARANTY CO. REAL ESTATE TAX/ASSESSMENT AGREEMENT It is hereby understood and agreed that taxes for the current year for property known as VACANT LAND, WHEAT RIDGE, COLORADO 80033 have been prorated on an estimate of $ 326.50 as of this date on the basis of: ( ) The most recent assessment and mill levy: 1992 Land Assessment 1992 Improvement Assessment 1991 Mill Levy Thc above figures were obtained by telephone from the County Assessor's Office. SECURITY TITLE GUARANTY CO. is released from any and all liability in the event the County Assessor misquoted the assessments and/or mill levy figures. Any further adjustments shall be made solely between the Buyer(s) and Seller(s). (x) Estimate as provided by Gary Wardle of City of Wheat Ridge, Based on square footage of property. Seller warrants that property IS NOT subject to a pending tax protest and/or appeal. It is agreed by the undersigned that the above adjustment shall be: (x) Considered a final settlement. ( ) Re-adjusted bctween the Buyer(s) and Seller(s) when the tax statement is available from the County Treasurer. ( Re-atljusted between the Buyer(s) and Seller(s) as to any changes in the unimproved land assessment or mill levy. The Buyer(s) and Scller(s) assume responsibility for pursuing and effectuating any re-aJjustments SECURITY TITLE GUARANTY CO. is released from any and all responsibility for said re-adjustment. SECURITY TITLE GUARANTY CO. assumes no responsibility for the adjustment of special taxes or assessments or for the exception of these items in the conveyance. Seller(s) hereby warrants that special assessments affecting suhject property, including but not limited to Homeowners Association dues or assessments, are paid in full, except as reflected on the statements of settlement. SELLER AGREES TO PAY ANY ADDITIONAL FUNDS THAT MAY BE NEED BY THE COUNTY TREASURER Dated this 1ST day of JULY, 1992. AFTER THE 1992 MILL LEVY HAS BEEN ASSESSED. CITY OF WHEAT RIDGE, A CORPORATION by Q'd' j t'dM'a ,1. rJ t1 'JI MUNICIPAL :?r;! . 107./1/ LYNN BALENSEIFEN AKA B & B ENTERPRISES, A COLORADO GENERAL PARTNERSHIP GLEN BALENSEIFEN AKA B & B ENTERPRISES, A COLORADO GENERAL PARTNERSIlIP, Seller forwarding address: '. I CLOSING INSTRUCTIONS I TillS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. TO' CITY OF WHEAT RIDGE, A MUNICIPAL CORPORATION GLEN BALENSEIFEN AKA B &. B ENTERPRISES, A COLORADO GENERAL PARTNERSHIP LYNN BALENSEIFEN AKA B & B ENTERPRISES, A COLORADO RE. VACANT LAND, WHEAT RIDGE, COLORADO 80033 1 GLEN BALENSEIFEN AKA B & B ENTERPRISES, A COLORADO GENERAL PARTNERSHIP LYNN BALENSEIFEN AKA B &. B ENTERPRISES, A COLORADO [SELLERS] anrl CITY OF WHEAT RIDGE, A MUNICIPAL CORPORATION [PURCHASER] engage SECunlTY TITLE GUARANTY CO [CLOSING AGENT], who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of JEFFERSON, Colorado, to wit: THE WEST 15 FEET AND THE NORTH 15 FEET OF THE WEST 66 5 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: THE NORTH 138.28 FEET OF THE E 1/2 OF THE E 1/2 OF THE SE 114 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RMIGE 69 WEST OF THE 6TH P.M , EXCEPT PORTION LYING WITHIN KIPLING STREET, AND EXCEPT THE WEST 10 FEET OF THE EAST 40 FEET AS GRANTED TO THE STATE DEPARTMENT OF HIGHWAYS IN DOCUMENT RECORDED IN BOOK 2091 AT PAGE 29, COUNTY OF JEFFERSON, STATE OF COLORADO. also koown as: VACANT LAND, WHEAT RIDGE, COLORADO 80033 2. Closing Agent is authorized to obtain information, and agrees to prepare, obtain, deliver and record all documents, rxcluding preparation of legal documeots, necessary to carry out ttle terms and conditions of the cootract to buy and sell real estate, dated 04-28-92, with ALL amendments and counterpru: ,.,als attached [Contract], and made part of this document. 3 L~grl documents will be prepared by SECURITY TITLE GUARANTY CO at the expense of 1'1/ ^ [BROKER). 4 Closing Agent will receive a fee not to exceed $ 100.00 for providing these closing and settlement services to be the expense of buyer 5 Closing Agent is authorized to receive funrls and to disburse funds when all funds received are either' available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are available for immediate withdrawal as a consequence of an agreement of a finanr:ial institution in which the funds are to be deposited or a lioancial institution upon which the funds are to be drawn ["Good Funds"] 6 Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in paragraphs 12 and 13 7 Closing Agent shall dishurse all funds in closing except those fuods as may be separately disclosed in writing to Purchaser and Seller by Closing Agent or Purchaser's lender on or before closing. 8. Seller will receive the net proceeds of closing as indicated: @Closing Agent's Trust Account Check. 0 Cashier's Check at Seller's expense. 0 Funds electronically transferred [wire transfer] to an accouot specified by the Seller, at Seller's expense. 9 Purchascr and Sellcr will furnish any additional information and documents required by Closing Agent which will be oecessary to complete this traosaction, and Purchaser and Seller further agree to sign and complete all and customary required documents at closing to fulfill the Contract. 10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Seller at time of closing 11 11 requested by Closing Agent, carncst money deposit will be delivered to Closing Agent in sufficient time before closing to disburse Good Funds. 12. If closing does not OCCI!r, Closing Agent, except as provided herein, is authorized and agree~ to return all documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or li8bility in connection with these instructions. In addition, any promissory note, deed of trust, or other evidence of indcbtedness signed by Purchaser, shall be voided by Closing Agent, with the original!sl returned to Purchaser and a copy to Purchaser's lender 13 It any contrw ;) demands arr. made 00 the Closing Agent, at its sole discretion Closing Agent may hold any monies, documents, and things of value rr.ceived from any party except Purchaser's lender Closing Agent shall retain such items until (11 receipt of mutual written instruction from Purchaser and Seller; or (2) unl il a civil action between Purchaser and Seller shall have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Agent may, in its sole discretion, commence a civil action to interplead, or, interplead in any existing civil action, any documents, monies or other things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further liability and responsibility and Closing Agent shall be entitled to all court costs and reasonable attorneys' fees. 14 These closing instructions may only be amended or terminated by written instructions signed by Purchaser, Seller and Closing Agent. 15. Special Instructions: APPROVED AND ACCEPTED: RIDGE, A MUNICIPAL LYNN BALENSEIFEN AKA B & B ENTERPRISES, A COLOMDO GENI<.RAL PARTNERSIIIP ,A Closing Agcnt\ . I/} \ By ex) ')(/1r.J 7/1/92 ( Date ....." , ,,)..J FORM TO 1000,02/90 REAL PROPERTY TRANSFER DECLARATION GENERAL INFORMATION Purpose: The real propcrty transfer declaration is used by county assessors \0 establish the value of real property for property tax purposes and to properly adjust sales for sales ratio analysis. Refer to 39-14-102(4), C.R.S. Requirements: All conveyance documents subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a real property transfer declaration. This declaration must be completed and signed hy the grantor (seller) or grantee (buyer). Rcfer to 39,14-102(1)(a), C.R.S Penalty [or Noncompliance: Whenever a conveyance document is presented for recordation without the declaration. the clerk and recordcr notifies the county assessor, who will send a written notice to the grantcc requesting that the declaration be returned within thirty days. Failure by the grantee to submit the declaration may rcs!lll in the assessor imposing a penalty of $2500 or 025% ( 00025) of the sale price, whichever is greater This penalty may he imposed for any subsequent year that the grantee fails to submit the declaration, until the property is conveyed again. All unpaid penalties arc certified to the county treasurer for collection. Refer to 39,14-102(1)(b), C.R.S Confidentia.lity' Any information used by the assessor to dctenninc the actual value of real property, including information derived from the real property transfer declarotion is available to any taxpayer or any agent of such taxpayer, subject to confidentiality requirements as provided by law The assessor is required to make the declaration available for inspection by the buyer or the seller if the seller filed the declaration. 1. Address or legal description of real property. Enter the correct street address or legal description of the real property Do not use mailing addresses or PObox numbers. VACANT LAND, WHEAT RIDGE, COLORADO 80033 2. Is this a transaction among f'~lated parties? Indicate whether the buyer or the seller were related. Related parties include persons within the same family, business affiliates or affiliated corporations. Yes No 3. Total sale price: Indicate the total consideration paid for the property including real estate, personal property (carpeting, drapes, appliances, inventory, equipmcnt, furniture), mobile homes, sheds, goodwill, water rights, mineral rights, and any othcr appurtenances. $ 15,264.00 4. 'VIlat was tile c~\sh downpayment? Enter thc amount of cash downpayment, if any If it is a cash sale, enter the total sales price. $ 5. Did total sale price include a trade or \'"change? Indicate whether any other rcal or personal property was traded or cxchanged as part of the transaction. For example, mark "Yes" if a vacant lot was traded as the downpayment, or if the sale price included an amoont for repair of the roof. Yes No 6. Did the buyer rcceive any peroonal property in the transaction? Indicate if any personal property as described in 1/3 was included in thc total salcs price. If yes, give the approximate value as of the date of the sale. Yes No If yes, the approximate value: $ 7 \Vere mineral rights included in the sale? Indicatc ifany portion ofthc mincral rights wcre transfcrred to the grantce. Mincral right is dcfined as an intercst in mincrals in and undcr thc land and all accompanying rights and privilcges. Yes No 8. Were water rights included in the sale? Indicatc if any water rights wcre transferred to Ihe grantee. Water right is defwed as the right to use the water of a natural stream or water furnished through a ditch or canal, for such purposes as irrigation, mining, power or domcstic use. Water rights arc real propcrty which may be sold and transferred separately from the land. Yes No 9. If applicable, you may include goodwill for a going business, If the salc price included an amount for goodwill of an on-going business, indicate the approximate consideration paid. Goodwill is defined as the benefit or advantage of having an established business occupying thc propcrty Goodwill represcnts the difference between the purchase price and the value of the net assets. Approximate value of goodwill? $ 10. Was less than 100% interest in the rcal property conveyed? Mark "Yes" if only a partial interest is being conveyed. Mark "No" If the grantee is to have the benefit of 100% interest in the property Yes No I j. Date of Closing: Entcr the date upon which the transfcr of the property was completed. 07-01-92 IF TIlE PROPERTY IS I~INANCED, PLEASE COMPLETE #12-#15 12. Was the loan new thc propelty or assumed ? Indicatc if the grantee obtained a new loan or assumed an existing loan on 13. \Vhat was the interest rate on the loan? Enter the mortgage interest rate to be applied to the loan as stated in the financing agreement. % 14. 'Vhat was the term of the loan? Enter the length of timc that will expire before the loan is fully paid as stated in thc fmaneing agreement (10 years, 20 years, etc.). years 15. 'Vere any points paid? For the porpose of this document, a point is defined as a fee or charge equal to one percent of the principal amount of thc h.11 which is collccted by thc lender at the time the loan is made. If any points were paid in securing this loan, indicate how many were paid and if the points were paid by the buycr, seller, or both. Yes No If ;'es, how many? and by whom? 16. Enter the day, month, and year, and have at least one of the parties sign the document, marking the pertinent identification of each. Signed this 1ST day of JULY, 1992. CITY OF WHEAT RIDGE, A MUNICIPAL CORPORATION tq;t;l!t~jt) (Grantee) ~Ua>>Vol'~ (Grantee) by: Title: Reception No Rccorder WARRANTY DEED TillS DEED, Made this 1ST day of JULY, 1992 between GLEN BALENSEIFEN AKA II & B ENTERI'RISES, A COLORADO GENERAL PARTNERSIIlP &LYNN BALENSEIFEN AKA B & B ENTERPRISES, A COLORADO of the County of and State of ,grantor, and CITY OF WIIEAT RIDGE, A MUNICIPAL CORPORATION whose legal address is 7500 W. 29TII AVE., WIIEAT RIDGE, COLORADO 80033 of the County of JEFFERSON and State of COLORADO, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of FIFTEEN TIIOUSAND TWO IIUNORED SIXTY-FOUR AND 00/100ths DOLLARS, ($15,264.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant1 bargain, sell, convey and continn unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of JEFFERSON, and State of Colorado, described as follows: THE Wl<:ST 15 ~'EET AND TIlE NORTII15 FEET OF TIlE WEST 66.5 FEET OF TilE FOLLOWING DESCRIIlED TRACT OF LANn: TilE NORTIl 138.28 FEET OF TilE E 1/2 OF TIlE E 1/2 OF TIlE SE 1/4 OF TilE SE 1/4 OF SECTION 21, TOWNSIIIP 3 SOUTIl, RANGE 69 WEST OF TilE 6TIIP.M., EXCEI'T I'ORTION LYING WITlIIN Kil'LlNG STREET, AND EXCEI'T TIlE WEST 10 FEET OF TIlE EAST 40 FEET AS GRANTED TO TIlE STATE DEPARTMENT OF IIIGIIWAYS IN DOCUMENT RECORDED IN BOOK 2091 AT PAGE 29, COUNTY OF JEFFERSON, STATE OF COLORADO. also known by street and number as VACANT LAND, WIIEA l' RIDGE, COLORADO 80033 TOGETHER with all and singular the hcreditamcnts and appurtenanecs thcrcunto bclonging, or in anywise appcrtaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and dcmand whatsoevcr of thc grantor, cither in law or equity, of, in and to thc above bargained premiscs, with the hcreditaments and 8 ppu rtcnanccs. TO HAVE AND TO I10LD the said premiscs above bargained and described, with the appurtcnanccs, unto thc grantee, his heirs and assigns forcver And thc grantor, for himsclf, his heirs and personal representatives, does covcnant, grant, bargain and agree to and with thc grantec, his heirs and assigns. that at the time of the ensealing and delivery of thcse prcscnts, he is wcll seized of the premises above convcyed, has good, surc, perfect, absolute and indefeasible cstate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforcsaid, and that the same arc frcc and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yct due or payable, easements, restrictions, reservations, covenants and rights-1lf-way of record, if any, . Thc grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained prcmises in the quiet and peaeeablc possession of the grantce, his heirs and assigns, against all and every pcrson or persons lawfully claiming thc whole or any part thcreof. Thc singular number shall include the plural, the plural the singular, and thc usc of any gcndcr shall be applicable to all gcndcrs. IN WITNESS WHEREOF, thc grantor has executed this deed on thc datc set forth above, LYNN BALENSEIFEN AKA B & B ENTERPRISES, A COLORADO GENERAL PARTNERSHIP GL~,N IlAU;NSEIl'EN AKA B & B ENTERPRISES, A COLORADO GENERAL PARTNERSllIP STATE OF COLORADO COUNTY OF JEFFERSON ) ) ss. ) Thc foregoing instrument was acknowledged beforc me this 1ST day of JULY, 1992 by GLEN BALENSEIFEN ^,KA B & B ENTERPRISES, A COLORADO GENERAL PARTNERSIIII'/ LYNN BALENSEIFEN AKA B & B ENTERI RISES, A COLORADO and My Commission expircs. Witncss my hand and official seal. Notary Public No. 932A. R",.. 7-84. WARRANTY DEED (for Photographic R<<ord) VACANT lAND RE. Commitment No. S 600814 AFFIDA VIT AND INDEMNITY TO FIRST AMERICAN TITLE INSURANCE COMPANY 1. This is wnllen eVIdence to you that there are no unpaid bills for materials or labor furnished for the constructIon nnd erection, repairs or improvements on property located at VACANT LAND, WHEAT RIDGE, COLORADO 80033 and legally described as: THE WEST 15 FEET AND THE NORTH 15 FEET OF THE WEST 66.5 FEET OF THE FOLLOWING DESChWED TRACT OF LAND: THE NORTH 138,28 F'EET OF THE E 1/2 OF THE E 1/2 OF TIlE SE 1/4 OF THE SE 11,1 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF TIlE 6TH P.M., EXCEPT PORTION LYING WITHIN KII'LING STREET, AND EXCEIT THE WEST 10 FEET OF THE E^~T 40 FEET AS GRANTED TO THE STATE DEPARTMENT OF HIGHWAYS IN DOCUMENT RECORDED IN BOOK 2091 AT PAGE 29, COUNTY OF JEFFERSON, STATE OF COLORADO. 2. We further represent that there are no public Improvements affecting the property prior to the date of closing that would give rise to a special property tax asscssment against the property after the date of closing. 3. We further represent that there are no pending proceedings or unsatisfied judgments of record, in any Court, State or Federal, nor any tax liens filed against us. That if there are any judgments, bankruptcies, probate proceedings, state or Cederal tax licns of record against parties with same or similar names, they are not against us. 4. 'Ne further represent that thcre arc no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We Curther reprcsent that we are in sole possession of the real property described herein. Thc umJersigned affiant(s) know the mallers herein stated are true and indemnifies FIRST AMERICAN TITLE INSURANCE COMPANY, against loss, costs, damages and expenses of every kind incurred by it by reason of its rcliance on the statcmcnts madc herein. ThIS agreement IS executed with and furms a part oC the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. LYNN BALENSEIFEN AKA B & B ENTERSPRISES, A COLORADO GENERAL PARTNERSHIP GLEN RALENSEIFEN AKA B & B ENTERPRISES, A COLORADO GENERAL PARTNERSIIIP COUNTY OF JEFFERSON ) ) ss. ) STATE OF COLORADO The forcgoing instrument was acknowlcJged beforc mc this 1ST day of JULY, 1992 by and GLEN BALENSEIFEN AKA n & B ENTERPRISES, A COLORADO GENERAL PARTNERSIlI~ LYNN RALENSEIFEN AKA D & B ENTERPRISES, A COLORADO . My Commission Expires: NOlary Public V ACANT lAND SECURITY TITLE GUARANTY CO. REAL ESTATE TAX/ASSESSMENT AGREEMENT It is hereby understood and agreed that taxes for the current year for property known as VACANT LANn, WHEAT RIDGE, COLORADO 80033 have been prorated on an estimate of $ 326.50 as of this date on the basis of: ( ) The most recent assessment and mill levy: 1992 Land Assessment 1992 Improvement Assessment 1991 Mill Levy The above figures were obtained by telephone from the County Assessor's Office. SECURITY TITLE GUARANTY CO. is released from any and all liability in the event the County Assessor misquoted the assessments and/or mill levy figures. Any further adjustments shall be made solely between the Buyer(s) and Seller(s). (x) Estimate as provided by Gary Wardle of City of Wheat Ridge, Based on square footage of property. Seller warrants that property IS NOT subject to a pending tax protest and/or appeal. It is agreed by the undersigned that the above adjustment shall be: (x) Considered a final settlement. ( Re-adjusted between the Buyer(s) and Seller(s) when the tax statement is available from the County Treasurer. ( ) Re-adjusted between the Buyer(s) and Seller(s) as to any changes in the unimproved land assessment or mill levy. The Buyer(s) and Seller(s) assume responsibility for pursuing and effectuating any re-adjustments. SECURITY TITLE GUARANTY CO. is released from any and all responsibility for said re-adjustment. SECURITY TITLE GUARANTY CO. assumes no responsibility for the adjustment of special taxes or assessments or for the exception of these items in the conveyance. Seller(s) hereby warrants that special assessments affecting subject property, including but not limited to Homeowners Association dues or assessments, are paid in full, except as reflected on the statements of settlement. SELLER AGREES TO PAY ANY ADDITIONAL FUNDS THAT MAY BE NEED BY THE COUNTY TREASURER Dated this 1ST day of JULY, 1992. AFTER THE 1992 MILL LEVY HAS BEEN ASSESSED. CITY OF WHEAT RIDGE, A MUNICII'AL CORPORATION by GLEN BALENSElFEN AKA B & B ENTERI'RISES, A COLORADO GENERAL PARTNERSmp LYNN BALENSEIFEN AKA B & B ENTERPRISES, A COLORADO GENERAL PARTNERSHIP Seller forwarding address: