CO Release-Deed of Trust Without Original Note (Denver County) 1
NOTE: This form can only be used by certain Lenders.
REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE
__________________________________________ Original Grantor (Borrower)
__________________________________________ Original Beneficiary (Lender)
__________ Date of Deed of Trust _____________ Recording Date of Deed of Trust
__________ County of Recording _____________ Reception and/or Film Nos.
__________ Book and Page of Deed of Trustof Recorded Deed of Trust
TO THE PUBLIC TRUSTEE OF THE CITY AND COUNTY OF DENVER (County in which property is located)
PLEASE EXECUTE THIS RELEASE OF THE ABOVE DESCRIBED DEED OF TRUST, as the undersigned owner/holder certifies that the indebtedness secured by the Deed of trust has been:
Fully or partially paid, or the purpose of the Deed of Trust has been fully satisfied.
In lieu of the production or exhibition of the original evidence of debt with this Request for Release, the undersigned, as the current owner and holder of the evidence of debt secured by the above-described Deed of Trust, certifies that the original evidence of debt is not being exhibited or produced herewith, that the owner of the evidence of debt agrees that it is obligated to indemnify the Public Trustee pursuant to 38-39-102 (3.5)(a) for any and all damages, costs, liabilities, and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release, and that is of the following entities described in 38-39-102 (3.5)(b), C.R.S. (check only one of the following nine boxes):
1. A bank, as defined in 11-1-102(2), C.R.S.;
2. An industrial bank, as defined in 11-22-101(1), C.R.S.;
3. A savings and loan association licensed to do business in Colorado;
4. A supervised lender, as defined in 5-3-501(2), C.R.S., that is licensed to make supervised loans pursuant to 5-3-503, C.R.S., that is either (a) a public entity*, as defined in 38-39-102(3.5)(c); or (b) an entity in which all of the outstanding voting securities held directly or indirectly, by a public entity;
5. An entity in which all of the outstanding voting, securities are held, directly or indirectly, by a public entity* also owning, directly or indirectly, all of the voting securities of a supervised lender, as defined in 5-3-501(2), C.R.S., that is licensed to make supervised loans pursuant to 5-3-503, C.R.S.;
6. A Federal Housing Administration approved mortgagee;
7. A federally chartered credit union doing business in Colorado or a state chartered credit union, as defined in 11-30-101 C.R.S.;
8. An agency of the federal government; or
9. A federally crated corporation that originates, guarantees or purchases loans.
*The term "public entity" is defined as an entity that has issued voting securities that are listed on a national securities exchange registered under the Federal Securities Exchange Act of 1934.
Current Owner and Holder of the Indebtedness Secured by Deed of Trustee (Lender)
Identify, if applicable, Public Entity/Parent Company (4. & 5. above) No signature required.
Name and Title of Agent or Officer of Current Owner and Holder
State of Colorado, County of __________________
The foregoing instrument was acknowledged before me on
_________________ (date) by **
___________________________ Witness My Hand and Seal
___________ Date Commission ExpiresNotary Public
** If applicable, insert title of agent or officer and name of current owner and holder.
WHEREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described in said Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and
WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of trust has been fully satisfied as set forth in the written request of the current owner and holder of the said indebtedness.
NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real property, and unto heirs, successors and assigns of such owner or owners forever, all the right, title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described herein, and more particularly described as follows:
Property as described in said Deed of Trust Legal Description Attached
TO HAVE AND TO HOLD THE SAME, with all the privileges and appurtenances thereunto belonging forever and further I do hereby fully absolutely release, cancel and forever discharge said Deed of Trust.
ROSEMARY E. RODRIGUEZ
State of Colorado, City and County of DenverPublic Trustee
The forgoing instrument was acknowledged By: __________________________
before me on ____________________ (date) Deputy Public Trustee
by ____________________________ as the
Deputy Public Trustee of the City and Witness My Hand and Seal
County of Denver, Colorado. ______________________________
Deputy County Clerk
No guidelines are available for this form at this time.