EXHIBIT 10.5
PUBLIC TRUSTEE'S DEED
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STATE OF COLORADO ) No. 38385
) ss.
COUNTY OF EL PASO )
THIS DEED, made November 15, 2000, between XXXXX X. XXXXXXXX as the Public
Trustee, of the County of El Paso, State of Colorado, and NEW ALLIED DEVELOPMENT
CORPORATION, Grantee, the holder of the Certificate of Purchase, whose legal
address is C/O XXXXXXX X. XXXXXX, 000 XXXX XXXXXXXXXXX XXXXXX, XXXXXX, XX
00000-0000;
WHEREAS, DREW INCORPORATED, A PENNSYLVANIA CORPORATION did, by deed of
trust dated December 19, 1996, and recorded in the office of the Clerk and
Recorder of the County of El Paso, in the State of Colorado, on December 20,
1996, in Reception 0096156783 convey to the Public Trustee, in trust, the
property hereinafter described to secure the payment of the indebtedness
provided in said Deed of Trust; and
WHEREAS, a violation was made in certain of the terms and covenants of said
Deed of Trust, as shown by the Notice of Election and Demand for Sale filed with
the Public Trustee (a duplicate of which was recorded in the office of said
County Clerk and Recorder); the said property was advertised for public sale at
the place and in the manner provided by law and by said Deed of Trust; Notice of
Right to Cure and Redeem and Notice of Sale were given as required by law; said
property was sold according to said Notice of Sale; and
WHEREAS, a Certificate of Purchase was issued to NEW ALLIED DEVELOPMENT
CORPORATION for the sum of $526,199.88 and was recorded in the office of said
County Clerk and Recorder; and
WHEREAS, all periods of redemption have expired;
NOW, THEREFORE, the Public Trustee, pursuant to the power and authority
vested by law and by the said Deed of Trust, confirms the foreclosure sale and
sells and conveys the following described property located in the County of El
Paso, State of Colorado, to-wit;
The property is located in the County of El Paso and State
of Colorado, as specifically described in Exhibit A attached
hereto and by this reference incorporated herein.
TO HAVE AND TO HOLD with all appurtenances, forever.
Executed the day and year first above written.
Xxxxx Xxxxxx
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As Deputy Public Trustee in and for the
County of El Paso in the State of Colorado
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STATE OF COLORADO )
) ss.
COUNTY OF EL PASO ) The foregoing instrument was acknowledged before me
this 15th day of November, 2000, by Xxxxx Xxxxxx
as the Deputy Public Trustee in and for the County
of El Paso, State of Colorado.
Witness my hand and official seal.
/s/ Xxxxx X. Bohlonde Notary Public
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000 X. Xxxxxxx, Xxxxx 000, Xxxxxxxx Xxxxxxx, XX 00000
My Commission Expires 08/08/2002
TRACT 3:
A TRACT OF LAND BEING PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 23 AND THE
SOUTHEAST QUARTER OF SECTION 22, BOTH IN TOWNSHIP 11 SOUTH, RANGE 67 WEST OF THE
6TH P.M., EL PASO COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 67 WEST OF THE 6TH P.M., THENCE
S 88(Degree)30'10"W ON THE NORTH LINE OF MONUMENT INDUSTRIAL PARK - PHASE 2 AS
RECORDED IN PLAT BOOK T-3 AT PAGE 105 OF THE RECORDS OF EL PASO COUNTY A
DISTANCE OF 289.29 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SYNTHES AVENUE;
THENCE NORTHERLY ON SAID RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES:
1.) ON A CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 400.00 FEET, A
CENTRAL ANGLE OF 27(Degree)41'30", AN ARC LENGTH OF 193.32 FEET AND A
CHORD BEARING N 13(Degree)15'05" W A DISTANCE OF 191.45 FEET;
2.) N 27(Degree)05'50" W A DISTANCE OF 696.51 FEET;
3.) ON A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE
OF 20(Degree)26'37" AND AN ARC LENGTH OF 142.72 FEET;
THENCE N 42(Degree)27'33" E ON A LINE RADIAL TO THE PRECEDING CURVE A DISTANCE
OF 338.39 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE DENVER AND
RIO GRANDE WEST RAILROAD; THENCE S 27(Degree)05'50" E ON SAID WESTERLY
RIGHT-OF-WAY LINE A DISTANCE OF 1119.62 FEET TO THE WEST LINE OF THE SOUTHWEST
QUARTER OF SECTION 23, TOWNSHIP 11 SOUTH, RANGE 67 WEST; THENCE CONTINUE
S27(Degree)05'50" E ON SAID RIGHT-OF-WAY A DISTANCE OF 185.94 FEET TO THE SOUTH
LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23;
THENCE N 89(Degree)29'48" W ON SAID SOUTH LINE A DISTANCE OF 86.67 FEET TO THE
POINT OF BEGINNING.
