|
387709 1/31/2023 4:17 PM M""Felix
<br /> 1 of 7 R$43.00 D$0.00 Alamosa Ci Clerk and Recorder
<br /> RECEIVED
<br /> RECORDATION REQUESTED BY:
<br /> ALAMOSA STATE BANK MAR 13 2024
<br /> 2225 MAIN STREET
<br /> P 0 Box 1098
<br /> Alamosa.CO 81101 Colorado Division of Reclamation,
<br /> WHEN RECORDED MAIL TO: Mining and Safety
<br /> Ai.AMOSA STATE BANK
<br /> 2225 MAIN STREET
<br /> P 0 Box 1098
<br /> Alamosa,CO 81101
<br /> •
<br /> SEND TAX NOTICES TO:
<br /> MORTENSEN'S LANDSCAPE&IRRIGATION,
<br /> LLC
<br /> 2606 PARK AVE
<br /> ALAMOSA.CO 81101 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST .
<br /> THIS DEED OF TRUST Is dated January 31, 2023, among MORTENSEN'S LANDSCAPE & IRRIGATION,
<br /> LLC,A COLORADO CORPORATION ("Grantor");ALAMOSA STATE BANK , whose address is 2225 MAIN
<br /> STREET , P 0 Box 1098, Alamosa, CO 81101 (referred to below sometimes as "Lender" and sometimes
<br /> as"Beneficiary");and the Public Trustee of ALAMOSA County,Colorado(referred to below as "Trustee").
<br /> CONVEYANCE AND GRANT. For valuable consideration,Grantor hereby irrevocably grants,transfers and assigns to Trustee for the
<br /> benefit of Lender as Beneficiary all of Grantor's right,title,and interest in and to the following described real property,together with
<br /> all existing or subsequently erected or affixed buildings,improvements end fixtures;all easements,rights of way,and appurtenances;
<br /> ail water,water rights end ditch rights (including stock In utilities with ditch or Irrigation rights/;and all other rights,royalties,and
<br /> profits relating to the real property,including without limitation all minerals,oil,gas,geothermal and similar matters, (the "Real
<br /> Property")located in ALAMOSA County,State of Colorado:
<br /> PARCEL NO. 1:
<br /> •
<br /> LOTS 1, 2 AND 4, R.M.M.P. DIVISION OF LAND,THE PLAT OF WHICH WAS FILED MAY 15, 2003,
<br /> UNDER RECEPTION NO. 311908 IN THE OFFICE OF THE CLERK AND RECORDER OF ALAMOSA
<br /> COUNTY,COLORADO,
<br /> PARCEL NO.2: •
<br /> PARCELS B,C.AND D,AS SHOWN ON THE REPLAT OF BLOCKS A,B,C,D,E,F,G,H,I,J,K.S,T,U,V,W,X,
<br /> &Y,DEER VALLEY MEADOWS,UNIT II,FILED SEPTEMBER 7, 1977,UNDER RECEPTION NO. 194045
<br /> IN THE OFFICE OF THE CLERK AND RECORDER OF ALAMOSA COUNTY,COLORADO,
<br /> IN ALAMOSA COUNTY,COLORADO.
<br /> The Real Property or its address is commonly known as 5888 S.ROAD 106,ALAMOSA,CO 81101.
<br /> CROSS.COLLATERALIZATION. In addition to the Note,this Deed of Trust secures all obligations,debts and liabilities,plus interest
<br /> thereon,of Grantor to Lender,or any one or more of them,as well es all claims by Lender against Grantor or any one or more of
<br /> them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or
<br /> otherwise,whether due or not due,direct or indirect,determined or undetermined,absolute or contingent,liquidated or unliquidated,
<br /> whether Grantor may be liable individually or jointly with others,whether obligated as guarantor, surety,accommodation party or
<br /> otherwise, end whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and
<br /> whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable,
<br /> Grantor presently assigns to Lender(also known as Beneficiary In this Deed of Trust)ell of Grantor's right,title,and interest in and to
<br /> all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform
<br /> Commercial Code security interest in the Personal Property and Rents.
<br /> THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br /> PROPERTY, IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL
<br /> OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
<br /> ACCEPTED ON THE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Grantor shall pay to Lender all amounts secured
<br /> by this Deed of Trust as they become due,and shall strictly and in a timely manner perform all of Grantor's obligations under the
<br /> Note,this Deed of Trust,end the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and.use of the Property shall be
<br /> governed by the following provisions:
<br /> Possession and Use. Until the occurrence of an Event of Default,Grantor may (1) remain in possession and control of the
<br /> Property; 12) use,operate or manage the Property;and 13) collect the Rents from the Property.
<br /> Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs,replacements,and
<br /> maintenance necessary to preserve its value,
<br /> Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's
<br /> ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,release or threatened
<br /> release of any Hazardous Substance by any person on,under,about or from the Property; (2) Grantor has no knowledge of,or
<br /> reason to believe that there has been,except es previously disclosed to and acknowledged by Lender in writing, (a) any breech
<br /> or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or
<br /> threatened release of any Hazardous Substance on,under,about or from the Property by any prior owners or occupants of the
<br /> Property,or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters;and 13) Except
<br /> as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous Substance on,
<br /> under,about or from the Property;and (b) any such activity shall be conducted in compliance with all applicable federal,state,
<br /> and local laws,regulations and ordinances,including without limitation all Environmental Laws. Grantor authorizes Lender and its
<br /> agents to enter upon the Property to make such inspections and tests,at Grantor's expense,as Lender may deem appropriate to
<br /> determine compliance of the Property with this section of the Deed of Trust. Any Inspections or tests made by Lender shall be
<br />
|