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Home My WebLink About3315 Muskrat Creek Dr - Correspondence/Other - 10/06/2006OCT-06-06 06:39 FROM -The Home State Bank +19706670745 T-638 P.001/006 F-470 Home State BANK 935 N. Cleveland Ave Loveland, CO 80538 Phone: (970) 203-6100 Fax (970) 667-0745 FU Confidentiality Notice: This facsimile may contain information that is pmale9ed confidential and exempt from disclosure under applicable law and is intended o4 for the use of the individual or entity to which k is addressed. If you have received this facsimile in error, please notify us immediately by telephone and return the original facsimile to us at the above address via the United States Postal Sendce. Thank Youl To: Delynn Coldiron From: Dan Spoelma 970203.6142 'G-�_>1EVWiII Pages: 6 Phone: 970.221.6767 Date: October 6, 2006 CC: ❑ Urgent O For Review ❑ Please Comment O Please Reply ❑ Please Recycle s Ca t::nents: Delynn, I have attached the Deed in lieu Transaction. The contractor we will be using is Jeff James (Oak Valley homes) If you have any questions please let me know. Thanks in advance, Dan Spoelma OCT-06-06 00:39 FROM -The Home State Bank +19706670745 T-638 P.002/006 F-470 YIIIuIIN1lII�sIY�INIl81YINYaN Lanz= otarrr Cc a"r"a 2006-0074371 "'" a"` ►ease - a nN ass." ooc ae.oa hhsaaaae SPECIAL WARRANTY DEED (In Uea of Foreclosure) Parkside Homes, LLC, a Colorado Limited Liability Company, whose address is P.O. Box 272349, Fort Collins, CO 90527 ("Gtamo '), for the consideration of Ten Dollars (S10-00) and other good and valuable consideration. in hand paid, hereby grants, bargains, sells and conveys to Home State Bank whose address is 935 N. Cleveland Avenue, Loveland, CO 80537 ("Grantee'), the real property and improvements in the County of Larimcr, State of Colorado, legally described, as follows: Lot 4, Block 4, Fossil Lake P.U.D., Second Fling County of Lorimer STAIN DOCIIr M RE State of Colorado Commonly known as 3315 Muskrat Cie* Fort Collins, CO 80529. (the "Property'l with all its appurtenances, and warrants the title w the same, subject to those exceptions on Exhibit "A" attached hereto, consisting of one page, and incorporated herein, by reference. This conveyance is subject to the following provisions: I. This Deed is an absolute conveyance, Grantor having sold the Property to Grantee for a fair and adequate consideration. 2. Grantor declares that this conveyance is freely and fairly made between Grantor and Orantec with respect to the Property. 5 w 3. This conveyance is subject to the Subject Deed of Trust from Grantor to the Public K Trustee of Lorimer County, Colorado for the use of Grantee:, dated October 28. 2005. and recorded a, i November 9, 2005 at Reception No. 7005-W95557 in the real records of the Clerk and Recorder of Lorimer County, Colorado (the "Deed ofTrusP7_ Grantor and Grantee intend that the Subject Deed t_+ of Trust shall remain in full fore and effect. The interest of Grantee through this conveyance shall not merge with the interest of the beneficiary of the Subject Deed or Trust, but shall at all times be separate and distinct, and the lien created by the Subject Deed of Trust shall continue in full force and effect as a first lien. That certain Promissory Note deed October 28. 2005. in the stated principal a" amount of S352.500.00, secured by the Subject Deed of Trust, shall also remain in full force and effect. e � TO HAVE AND TO HOLD the Property above bargained and described unto Grantee, it heirs and assigns forever. Grantor, for itself, it successors and assigns, does covenant and agree that it SHALL WARRANT AND FOREVER DEFEND the Property and the quite and peaceful possession of Grantee, it successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor. SIGNED this ZS day of September, 2006. GRANTOR: PARKSIDE HOMES, LLC, a Colorado Limited LiabilityCompany Bar Ma o e Manager/Membar STATE OF COLORADO ) 1ss• COUNTY OF _LARIMER ) The foregoing was acknowledged before me thisAp�-day of September, 2006, by Man Deal, Sole ManagedMember of Parkside Homes, LLC, a Colorado Limited Liability Company, Witness my hand and official seal. My Commission Expires_ lad DEL 956(ce 166 BJ-4-i TimlaorUrta, % Cal I t v"tc , CO -Si OCT-06-06 08:39 FROM -The Home State Bank +19706670745 T-638 P.003/006 F-470 Exhibit A Schedule of Liens, Encumbrances, and Claims Against 3315 Muskrat Liens of Record Allied Insulation S 4,394.00 Alpine Lumber Co. 16,673.52 Ankmar Door 1,305.00 BMC West 3,820.32 Emagine Concepts 4,734.00 Bullzeye Builders 8,199.08 Chadwick Electric 784.90 Garza& Sons 20,355.00 Guy's Floor Service 3,481.50 The Light Center 1,176.73 Milgard Manufacturing 5,940.51 MK Plumbing 1,224.00 Safety Rails 125.00 South Valley Drywall 8,511.00 Walker Bros 6,125.00 Total Liens of Record S86,849.46 Notes Allied Insulation Lien of record is $3,390.00 Alpine Lumber. HSB shows S2,179.87 lien; Parkside shows $10,690.87 lien Ankmar Door: Lien of record is $775.00 Bulheye: Parkside disputes — Open POs total $5,080.66 Smagine Concepts: Will relasc upon payment of BMC Wes! Milgard: Parkside disputes — Open POs total S4334.11 Walter Bros: This should reduce to S4,425.00 due to failure of sod; also should be paid directly to supplier Payables B&M Concrete S 2,982.00 Bercher Painting 6,061.75 Energy Smiths, Inc. 50.00 Fort Collins -Loveland Water District 100.46 MLS Air Conditioning 7,535.00 Moog Architects 259.00 Radon Home Measurement 975.00 Specialties Supply Company 700.00 Tharp Cabinet Corporation 10,945.00 Estimated BOA 400.00 Fort Collins Utilities 101.45 Total Additional Payables S30,109.66 TOTAL Sl 16,959.12 OCT-06-06 08:40 FROM -The Home State Bank +19706670745 T-638 P.004/006 F-470 Ex%dbit xitI Title E5tc ?tions on Property 3315 muskrat: ALTA C019MITMENT Schelde B-2 akeeptloa) OurOrdwNo. FCC25069166-2 The policy or Policies to be ispwd raid Contain aap0oor to the foDawlog molets the same we disposed of to the sawatlion of the Comap ow; 1. Rights or claims of patties is pttssrssleo mot Shawn try the public records. 2. Easetaeots, or claims of easements, ant shoam by the public records. 3. DI=epaades, COMM to boundary does. a WOF is area; MMUbments, end any fads which a coa ert SUM7 and fospedn of the premises would elisclese Baal which ace not shown by ds public records. d. Amy Ben. or debt to a den, for smsdrss, lahor or material Iheretofine or htnrier AndAod, tmptsad by iaw amd mot abown by the public rewrds. 5. Ddeels, dms, eacmmbramm. ■dvene ci mn cr odwr mrapas. if aqy, iieted. first sppeladog is ffie public roeoads or art ebmg sutsequooi to the effective date hereof but prior to the date the Proposed bmin d acquim of record for yalue the awe or laterest or m orgW the covered by ft Cemmitmat. 6. Taaas and ass®eats ad yet due or payable aad spedal assesmomts not yet cap8ed to We Treasmds Ofts- 4. AmY unpaid teas or assessaoefds aglltat stdd Lend. B. liens for vaipoid water tad seater r1u2 K OY. 8. REM OF WAY FOR PUBLIC ROADS AND VI TCRBS AND RIGHT OF WAY FOR FOSSIL CREEK RESERVOIR BY THE NORTH POUDRE MRIGATION COMPANY IN DEED RECORDED IN BOOK 202 AT PAGE 12L 10. TERMS. CONDITIONS AND PROVIS1ON8 OF AGREEEN! RECORDED AM U. 290B IN BOOK 250 AT PAGE 374. 11. AN UNDIVIDED L12 VnERPST IN AND TO ALL OIL, GAS. MVWRAIS AND OTHER ACNEBAL RIGHTS AND TERMS AS RBSBRVED INDMUNOW RECORDED DRAY 06. 1959. IN BOOK 1066 ATPAGE 218. 12. RiGHI OF WAY EASEMIIVT AS GRANTED FOR PB'ELINE ON SUBJECT PROPERTY AS EVIDENCED BY W MORANDUM OF AGREMANT IN iNS al zin RECORDED OCrOmm t2, 1979, iN BOOB 1899 AT PAGE 370: 13. TERMS, COld=ONS AND PROVISIONS OF MAS M EASEMENT ACRE D&W RECORDED OCTOBER 29. IM AT RECEPTION N0. 94085272. 14. RIGHT OF WAY EASEMENT AS GRANTED TO UNDERGROUND 3REGATI0N LINE IN OCT-06-06 06:40 FROM -The Home State Bank +19706670745 T-638 P.005/006 F-470 ALTA COMMITMENT SeLedele B.2 (Ekopdow) OmrONerNe. FCC2SM8I66-2 The policy or policies to be lamed will eaotain cwgd ms to.the follawbC melee the'mme an d'oposed orte the eaddamoa of the Compau r. INSPRUMENT RECORDED JANUARY 25. 20M. UNDER RECEPTION NO.2002009350. 15. TERMS. CONDITIONS AND PROVISIONS OF ANNUAT10N AGREEMENT RECORDED JULY 11. 2001 AT RECEPTION NO.2001056412. 16. RESTRICTIVE COVENANTS. WHICH DO NOT CONTAIN A FORiBD'URS OR REVERTER CIAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS. 9 ANY. BASED UPON RACE, COLOR, RELIGION. SEX, SEXUAL ORIENTATION. FAIWAL STATUS. XARITAL STATUS, DLSABILTTY. HANDICAP, NATIONAL ORIGIN. ANCESTRY. OR SOURCE OF INCOME, AS SET FORT$ IN APPLICABLE STATE OR FEDERAL. LAWS. EXCEPT TO TIM EXTENT THAT SAID COVENANT OR RESTRICTION IS PEL%AETED BY APPLICABLE LAW. AS CONTAINED IN INMR11MEN T RECORDED IUNE 06,1999. UNDER RECEPTION NO. 99049941, AND AS A)wIENDED Di INSTRUMENT RECORDED JMY 11. 2001. UNDER RECZMDN ND. 2001056413. 17. TERMS. CONDITIONS AND PROVISIONS OF ORDINANCE l036.2002 RECORDED MARCH 21, 2002 AT RECEPTION NO.200203I276. AND MAP RECORDED AT RECEMON NO. 2002031279. 19. TERNS. CONDITIONS AND PROVISIONS OF DEC AAATION OF FENCE AND LANDSCAPING FASIRMW RECORDED JUNE o2, 2002 AT RECEPTION NO.2002059608. 19. TERMS. CONDITIONS AND PROVISIONS OF SUBDIVISION DEVELOPMENT ACREELIENT RECORDED AMY 11. 2001 AT RLCE]MON NO.2001056411. 20. TERMS. CONDITIONS AND PROVISIONS OF NOTICE TO BUILDERS AND HOMPBUYI3RS RECORDED FEBRUARY 27, 2002 AT RECEPTION NO. 2002022381. 21. TERMS. CONDITIONS AND PROVISIONS OF ORDINANCE I032.2002 RECORDED MARCH Zl, 2W2 AT RECZMON NO. 2=032274. 22. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE 4034.2002 RECORDED MARCH 21. 2002 AT RECEPTION NO.2002031276. 23. TERMS, COND3170NS AND PROVISIONS OF ORDINANCE #036.2002 RECORDED MARCH 21. 2002 AT RECEPTION NO.2002631278. OCT-06-06 00:40 FROM -The Home State Bank +19706670745 T-636 P.006/006 F-470 ALTA COMMITMENT Schedule B-Z abacePacuo Oar Order Na FCCZSOS8266-2 The pacy or policies to be Issued vA eoffiin esceptbw to the fel eift muss the sme are dbpowd of to ibe uddiaw of the Company: 24. ANY TAX, LIEN. FEE. OR ASSESSMENT BY REASON OF INMUSION OF SUBJECT I PROPERTY IN TIM NORTHERN COLORADO WATER CONSERVANCY DISTRICT. AS EVIDENCED BY DWRUMENT RECORDED JANUARY 15, 2M. UNDER RECEMON NO.20MOUS499. 25, ANY TAX, LMN. FEE. OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT pROPEBTY IN nlE SOUTH FORT COLLINS SANMLMON DISTRICT, AS EWDIENCED BY pi=UMENT RECORDED AUGUST 20. 2004, UNDER VJ PMN NO.2004409n92. 26, EASIE'1MOM, COADr=S, COVENANIS. XESTRIL ONS, RESEINXTIONS AND NOTES ON TFM PLAT OF FOSSIL LAim F.U.D. SECOND pUING RECORDED ]MY 11. 2001 UNDER RECEPIION NO.2001056410.