2010-10-07_REVISION - M1977425 - Laserfiche WebLink

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wj-Lyl- I V, u3 . uorwi, Division engineer of water Division No. 1, or any party to this proceeding may proceed to enforce and foreclose upon the lien herein created. Nothing herein contained shall be construed as effecting or eliminating the ability and right of this Court to determine Applicant or its successors in contempt of the orders of this Court as contained in this decree or to punish the same. Said unpaid assessments, running charges, penalties, interest, or other charges, expenses for repair and maintenance and for the acquisition of additional augmentation water may, if not fully paid within 15 days following the giving of notice and making demand as herein provided together with interest thereon as allowed by law and the costs, expenses and reasonable attorney fees of collecting the same, shall be burdens running with, and shall constitute a continuing and perpetual lien in favor of the person or entities so paying, upon the real property and the improvements thereon upon which said reservoirs are located as more fully described in this decree. This decree shall be recorded in the County of Larimer, State of Colorado at Applicant's expense and shall serve as record notice of said lien. To further evidence such lien, the paying party may prepare a written lien notice setting forth the description of the property, the amount paid which is owed by Applicant or its successors to the payor, the name of the owner or purported owner of the real property, a statement that interest, costs, expenses and attorney fees may continue to accrue against said real property, and any other information which the paying party may deem proper. such notice may be recorded in the official records of Larimer County, Colorado. Any such lien notice shall not constitute a condition precedent nor delay the attachment of the -lien, but such lien is a perpetual lien upon the real property herein described and attaches without notice at any time that Applicant or its successors falls to pay any amount necessary to correct a deficiency set forth in a notice and demand 15 days after the date of mailing. Any persons so paying may bring an action at law or equity, or both, against Applicant or its successors for all amounts so paid, together with interest as allowed by law, costs, expenses and attorney fees incurred in collection and/or may proceed to foreclose its lien against the said real property the manner and form provided by Colorado law for judicial foreclosure of real estate mortgages. An action at law or equity against Applicant or its successors to recover a money judgment for all amounts due may be commenced and pursued by the paying party without foreclosing or in any way waiving that party's lien and, therefore, its right to proceed with foreclosure thereon, In the 9