The URL can be used to link to this page

Browse Search

Home My WebLink About20130378.tiffCERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Heritage Title Company, Inc. hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION The South Half of Section Twenty-nine (29), Township Nine (9) North, Range Sixty-six (66) West of the 6th Principal Meridian, County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1525460 Book 603 Reception No. 1572333 Book 650 Reception No. 1673432 Book 751 Reception No. 2807669 Reception No. Book Book Reception No. Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited to the fees paid for this Certificate. In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be signed by its proper officer this 2nd day of October, 2012, at 7:00 am. Order No. H0348393 By: Heritage Title C4111,--"( pany, Inc. Authorized Signatory From:ALLES Taylor and Duke, LLC 9703520128 10/22/2012 16:47 6949 P.003/008 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Heritage Title Company, Inc. hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION The South Half of Section Twenty-nine (29), Township Nine (9) North, Range Sixty-six (68) West of the 6th Principal Meridian, County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1525460 Book 603 Reception No. 1572333 Book 650 Reception No. 1673432 1 Book 751 Reception No. 2807669 Book Reception No. Book Reception No. Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited to the fees paid for this Certificate. In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be signed by its proper officer this 20th day of August, 2012, at 7:00 am. Order No. H0348393 By: Heritage Title ompany, Inc. Authorized Signatory From:ALLE5 Taylor and Duke, LLC 9703520128 10/22/2012 16:47 #949 P.004/008 COOK Reception ND. _........_.q..,..p....n....�............ �..41 N.. 958.................rder Recardedot //:3C e��t7< Reception UiIri�r�f.. RS{�FL-,.....MiN..SI!�[il�1�a...,. Recorder 7x., 1]pw t#I# 444n be iijese ajnanitsr That I,___.J.... ]S0RM.AN._&f QW47......._............ whose addmas ie__.RS.sFee . County oL 4iehl and State of__..:._.. ccail.r.44o for the consideration of._....nthar...valuable...conaidera.tiOn..and...TEN._S...NO41OA...A(1T3ARF ---- in hand paid, hereby sells) and convey(s) County of..._._ -_..Held._._..........-.__....__........_...._...and the State of...._..Colnradp_......_..—_...._._._.....the following real property in the County of Veld .._......_._....-__-....-__....--..._...and State of Colorado, to -wit: An undivided one-half (1/2) interest in and to the Northeast Quarter (NE 1/4) and the South Half (5 1/2) of Section Twenty- nine (29) , Township Nine (9) North, Range Sixty-six (66) West of the 6th Principal Meridian, with all its appurtenances and Wornmt(s) the this to the same, subject to.....doe(1...4i--trust_nf...LeCnrq, tfA..prior ...roAerv.aSiifJI1S... at IIILIVAra .e=N.7d ta...Ea.S.erantS....And cishts....9g_Wax. _oydl Signed this 30th day of ftsaemAler , A. D 19 QS In the Presence of 1 4 J. Norman Br w Lim RpFI,CI¢ ..••. {,,t, vSptiz - 7;PUG. STATUTORY ACKNOWLEDGMENT STATE OF COLORADO, Weld, Aga. Countyof.... .............._..........-----.......-- The foregoing instrument was acknowledged before me this day ot_ -December .............• i9 Ed By'. .,7 Norman .. -Brown- Witness my hand and official seal. My commission expires ....... Notary Public. ernng In official or reprwemonre emeelly. loser) nom¢ and olio since or capacity and ler NOM ectlog. FORM lee REV. Ilea WARRANTY DEED -STATDIDRY FORM. FOR RNOTOGANNIC REGDRO.-NDECMEL GO.. worn WM From:ALLES Taylor and Duke, LLC 9703520128 10/22/2012 16:48 #949 P.005/008 O IT Doric". daork A td ' ' _::JUL_, te?rd!a' ;tcis ti aQ AA SP0IAER Recorder 1$ pub, Made Ns let eg ofd ,Malrch it eta rear of tallied one thdusand ruse hundred end eJ,xty—nine bones )„ l FREIDERICH HILLM7U N a w e(iht' . County Of Weld , and sew of Colorado. of pie firm PH: and "5 RUTH Le BROWN ✓ o IHDOW Cr: flI The ' ofCent. of Weld .- , and Sou al Colorado, al the stood pert WITNESSETH, That the ward part y of the Wet owl, 1w end in eomynralnn of the sa® ii other valuable consideration and' TEN b NO/10D bOLLAR% •o thesaM part y -r'ee eyes on : hind pdd re the iild pen' y ei me 'nand pert, the receipt Whereof le hereby conlened and acknowledged, ha 5 grand, bargained, told and conveyed, and by then presents do ea Rant, Menus sell, honey and vanillin Onto the aid party of the second path her help and semi* menace, ell the following described lot or pared el land, situate, lying end being in the County of Wild and State of Colorado. to-wil _ An unebvided one half (1/2) of the :'ortneast Quarter (NE 1%4) and the South Half (S 1/2) of Section Twenty-nine (29), Township Nine (9) North, Ranee Sixty-six 166) coat nF tbt sixth ?rincioal meti- mien, Together ,with all 1969 crops and wheat certificates appurtenant thereto, Stole teUL tf i cum 1y10 Do $ a 90 TOGETHER wan ml end eingular the hereditament, and appurtenances thereunto belonging, or to anth eel.. epperW,nlng, end the reversion cad reversions, remainder and remainders reuse, lava end profs. thereof, end all the estate, right title interest tam, svd de a-! w'vsoere of .ht ea.d pen y at me fun pare either in NM or equity, of, W and to the *bole hammed premises, eith the heredinmtnn and •M+n,unaneet TO HAVE AND TO HOLD the said premise. above bargains aid described with aponeteweneea uaw the .a'd part y pa the second part, her helm wed anleeu Rinser. And the said mislay of the first part, for himself, his heirs, esetuwn and admlnhtntwe. do Es covenant mar, 'te gsh end sane to and with the std pan y of the wend part, her heir. and smart, Cast al the time of the en pealing end delivery of that patents he is well .Wed of the premises above conveyed, as or goon, sure. Per feoR absolute and indefeasible caste of Inheritance. in law. in lee simple, end ha g good right, loll power and lawful authority to punt, bargain, tell end convey the same la meaner and form alweeafd, and that new new en net and eta. from MI Wear end other grassh bargain., rata. (lens. 'sale. maids and ineumbranees sal altstna kind or pawn newt: Subject to reservations and exceptions contained i't t" Union Pacific Railroad Company deed; rights of way, easements and previous reservations of record, end to 1969 taxes payable in 1970, and subject to Deed of Trust of reeordl and the above prmdns, in the quiet end peaceable poawden of the said part y of the second pan her heirs and coigne, epinse all and every person or per.00t lawfully chiming w to claim the whole or any pan thereof: the awld pan y of tlw first part shall and will WARRANT AND FOREVER DEFEYD IN WITNESS WHEREOF, The aid part y of the lire parr he s hercontu sal his 'seed and seal the day and year first shove written. �� Signed, Scaled and Delivered in the Presence of -2✓!.< krr/_.'yG'Cffp;^or a v^ --(SEAL) Freiderich Hillman^ :%`<iea'c ,ec4- "Arteeende,,.� _any) J - ... (SEAL) STATE OF' 6m.ADO,Zs The foregoing ineirument was scknowledgtd Won me this /set day of tQa FeR of Saefd. J O f _...._..._.__... _.__..J.uae_—. 19_61 by--Praiderich 11l.lhgdndl.- S '/ e t slay Ilpi.t alid !MikaSag• ^ IS Fe gslaeleq gopher— «.. .., . Salary Public. 1 e so 0 ha WARRANTY DEED— e.. •^,—•--+ From:ALLES Taylor and Duke, LLC 9703520128 10/22/2012 16:48 #949 P.006/008 SOON Recorded at_. s1±_-.o'dedr. P na_..._ 1751 Reception No._._-+Z-sr!243Z---- u1..Recorder. i lCnaw alt Olen bg these 13re§ants, That ,.-Riafa L.-BttewN and-.._--.__ alSdiSLF73IMs—Wit_O_ar5d. i?16.k nda...--.. County of Weld ---_---,_..and state oL. ........._ --_--• _ Colorado forthe consideration r...x��l?a> e f nsidet asaLdrxd �FYLBc.Nfl/100_1101,LA S._..— Taadtl X Drown Grain & Livestock, Inc. in hand paid, hereby dells) and convey(s) tr' mn 1 nradry_cnrpnrn t; nr,,-_,,, _ - .... whose street address City or Town of_ Pierce..._.._......_ CDoaty DL- Wed .-_..--- - Wand the State of__._.._.(rla9.E33)c._..._ --....the following real property in the County of— _Weld --_-•-------.--,_...__.and State of Colorado, to -wits Parcel 1. The Northeast Quarter (NESS) and the South Half (SO) of Sec- tion Twenty-nine (29), Township Nine (9) North, Range Sixty-six (66) West of the 6th P.M. Parcel Z. All of the East half (ilk) of Section Thirty (30), Township Eight (S) North, Range Sixty-six (66) -West of the 6th P.M. except the South Half of the Southwest Quarter of the Southeast Quarter (SNSWNSFd4 and except 13/64 of the oil, gas end minerals which have been previously conveyed, Parcel 3. All that part of the East Half (EN) of Section Seven (7), Township Seven (7) North, Range Sixty-six (66) West of the 6th P.M. as described in warranty deed recorded in Book 1255, page 1, of the Weld County records. Also all of the Northwest Quarter (NW)G) of Section Seven (7), Township Seven (7) North, Range Sixty-six (66) West of the 6th P.M., except the West 160 acres thereof, with ail its appurtenances and wawant(s) the title to the some, subject to_ressn. ttion_o.f_llnion- Pacific Railroad; to inclusion withinthy Nunn Fire Protection Dis- trict, and to the 975 taxes�Ayabl.,ei n_ 976,1 -of' fErustfof recoS.-' signed t]da—__ 15th ._.__.--..___.-day of_»_-�ZF1RJ.1aY-_.-._..___.., A. D. 1925_. In the Presence of aretan Brown Wife and Husband $TATIITORY ACKNOWLEDGMENT STATE OF COLORADO, County of__ _ ._... ..._...... Weld ...-_ BS. T foregoing rout tint was acknowledged before we this _.............-_- a.--_...dey of..._. . .._. -- 19.�,dr.., By_.lhtth_L__Brni,tn_and_..a._ ,man grown.,. Wt fM_,and_.---_ Witness nay hand and offici 1 seal. Husband n Mycommission ex ire-..- /�/5' Jr,, _ Notary Puhlic, MDIan6 Addsnzs rw MsaWr address PYLVE! T6S NDrlces NRme,� FORM I6b REV. 6.73 WARRANT"' OEED--ETAIVYORY FORM. POR PnoTODw.PMIC RECORD. —THE C. F. IDECKEI CO.. DENVER RssiD From:ALLES Taylor and Duke, LLC 9703520128 10/22/2012 16:48 #949 P.007/008 ''9 111111111111II1IIII I1111IIIIIII111II1II I1liii! IIII III 2807669 11/1712000 12:05P JA Saki Tsukamom 1 of 1 R 5.00 D 0.00 Weld County CO Quit Claim Deed MISDEED is e conveyance from the Individual(s), corporation(s) or ether entlty(tes} named below is GRANTOR to the indvidvells) or emhyliesl named below as GRANTEE of whatever interim the GRANTOR may hive in the real property described below. The GRANTOR hereby sells end quit claims to the GRANTEE the real property described below with all he appurtenances. The specific tens of this deed an: Grantor. Brown Grime & Livestock, Inc. Grantee: RC Land, Inc. Farm of Co -Ownership: Property Deealption: Paced 1, His NONrmt Quarter (NEW) and the South Hart (8i2) of Section Twenty -mire (28), Township Nine (9), North, Ranee Shay -six (66) West of the 6th P.M. Parcel 2. Al of the East Half (E Vs) of Section Thirty (90), township elgM III North, Ranee Sixty-six IBS) West of the 8th P.M. except the South Half of the Southwest Ouilt., of the Southeast C0MM"W/, SWIA, SE +A). Property Address: ReaervfMts-hatdetie s: Executed by the Grantor on the lot hey d July , 2000. iYnsaew Om . lac Copeaeea. Parsnip sr Amnia Oprrer domain" ISSilas t): town Main au_ Duane Int. s)„ trt,r, _ Duane R. Brown STATE OF COLORADO I I sc. COUNTY OF WELD I The fcre�ueue A'um rat was acknowledged befine me thk lit daywn of July 2000. bY nt of RC Land, Inc. and ➢rown Grain b Livestock, inc. WITNESS my hand end official seal. My Commission expires: L':111 -r) 14. n,Fe; I'k li .LIr ...1. ... ., c cos.. From:ALLES Taylor and Duke, LLC 9703520128 10/22/2012 16:48 #949 P.008/008 12110/01611V111111111110/111111•10g 1111111111 Iii 11111 !III (Hi . JA C ld Tsvhamdb 1 of 1 R 5.00 0 0.06 Weld County CD Quit Claim Deed This DEED is a conveyance from the kdividu.Isl, corporation(s) cc other enthy(ies) named below as GRANTOR to the ire viduelis) or entny(ies) named below as GRANTEE of whatever interest the GRANTOR ray have In the reel properly described below. The GRANTOR hereby sells end gut claims to the GRANTEE the real property described below with all its appurtenances. The speciNt terms of thk deed are: Grantor: Brown Grain & livestock, Inc. Grimes; RC Land, Inc. Form of rAOwnwa14: Property Degerlptlan: Patel 1. the Northeast Gagner INEW) end the South Nell (91/2) of Section Twenty-nine (29). Township Nine (B), Ranh, Range Sixtysix (B6) Weal of the 6th P.M. Panel 2. AP of the East Ha61E Ye) of Section Thirty (30), township eight (61 North. Range SIxty-six (66) West of the 0th P.M. except the South Hell el the Southeast Quarter of the Gatherer Quarter (Eta. SWIM, SE 'A). Property Adrenal Raaarvadeneastdedons: Executed by the Grantor on the let day of July 2000. seine. Osseo Sr ce.e.n.lw Haan* or a..d.rer: sy:e Sae Sr h+w.:w.k born fe.h a £Nnmk. ens. sr Rt. Duane R. Brow OF STATE OF COLORADO 1 es, COUNTY OF WELD Mentor Celts. The tae instrument wet acknowledged before me this 7 e t de of July 2000. b1 -thine K. Arcan of PC Land, inc. and Drown Grain d Livestock, Inc. WITNESS my hend end offklal seal. My commission expires: r AJR •i: if..Rl':: From:ALLES Taylor and Duke, LLC 9703520128 10/22/2012 16:49 #950 P.004/008 LOOK 6Q.% Recorded et //:lro.We}ck-'F'M ate X 0 1968 [(tee non No. 15254!69 . . . p' -... y •,-�; - _. � +11 N• dP,NACB.....ILecorder. ?Kt;aw ttU 15!e9 hu these Press M, mM i,.-....a t l??1525460 4 -- - whose address is Fierce I County o(........__._..Weld And start of Craci .... _ Matte consideration oL._..other..valuable._eonaideratinn...and-TEM_.&...NO/..19A...f1gSdARS..-.--- in bend paid, hereby aes(a) and convey(s) and-..RUTS_S,_...BRQWN_..__..._ whose address iaA-_P-ielne_ County of.. _._..Weld............._........................_......_..and the State of Colorado the following real property in the County of._....._......... -..,Weld .- _ and State of Colorado, to -wit: kn undivided one-half. (1/2) interest in and to the Northeast Quarter (NE 1/4) and the South Half (S 1/2) of Section Twenty- nine (29), Township Nine (9) North, Range Sixty-six (¢6) West of the 6th Principal Meridian, with all its appurtenances and werranc(s) the title to the same, subject ta.._dced...OF-.LYugt_Ot.1'.eccr t;m_brl.br_secervatiaaa_o.f...min.erele..axzd..tc_eifim en45....an&i_=.shks...s xecpxd_....................._......................... ...... Signed this ............._..._._30th day of December._- , A. D. 19.68 In the Presence of 1 S Norman Brown STATUTORY ACKNOWLEDGMENT ..... ti?.,, STATE OF COLORADO, Se• "_r�}•• •:O • CB. County of.weld ......... v [,4.';' •CPS e c • ♦ :45- 0,\• c r v' '>•'+. PLR' Witness my hand and official seal. .5 '+'•. �• : My commisalon expires .._....-..7.an. ...1 1969.... The foregoing instrument was acknowledged before me this 34 tit .. ....................day of December 19 64 Notary Public. •If ontlne Is plllcial Cr npreaanl Wive capacity. bowl name and alto p111ce or capedly end he W50m ,ICllea. PORN IGa NN. 1554 WARRANTY GEED —e FOE PHOTOGRAPHIC nSCORP. 1EO1Ocel CO. CENT' Min From:ALLES Taylor and Duke, LLC 9703520128 10/22/2012 16:49 #950 P.005/008 twtoy vet N a a —4 N ( '7-- 7� ..rem. �jUL�,yl Yq 771' ' 1 .1-, =� do !w eoceAW' ;,; a ;i� xtl ti ,.t %Nisi SPOMER e, Recorder {v(ptka No ,� n. ],. V , - �% -� i s ffiI i; !"a Made thin 1st , d y •Mach fa boa sixty-n1De. hewer year of ma�Lerd one thousand hundred sad r FREIDERICE! HILLWUcNii w o[ f�teI Counts of Weld , end Site of Colorado; of dire firet part,' end RUTH L. BRO- WN t o Ibe Carp of Weld ▪ , and Stow of Colonde, o the mend pad WITNESSETH, That the said part y of the first art, for and in eonddmabon of the thin of other valuable consideration and TEN & NO/100 bOLLARS, o tin said pit ,r !'he'''n or: v nand peed O Ibe said parr y of me tecond pan, the receipt whereof k hereby conlaned and acknowledged, Ito s canted, bargained sold sad conveyed, and by (hest present. do es grant, bargain, set convey and confirm unto the said pang of tot second Wr", her heirs and sows 1, totem, au she following described lot or parcel of land. situate, lying and being In the County of Wed and Stale of Colorado, to -tilt - An ur(avided one half (1/2) of °Tv t'crtneast Q..os..ers (NE i/4/ and the South Half (S 1/2) of Section Twenty-nine (29), Township Nine (9) North, Rance Sixty-six (66) west nF the Birth ?rinci?al_MCr - oxen, Iogether,with all 1969 crops and wheat certificates appurtenant thereto, Slate 12 1° 1 Dale g ago TOGETHER awn all and singular the hereditament' and appurtenances "aroma. belonging, cc in any- wise a dig, and the matron and revenging, remainder and reminders rent', lames pad proem thereof. end all the eatue, right tide Interco [bent and de• a -d wae'cxvr el .he .aid W.e y m the first pat either to law or equity, of, In and to she show bargained premises, w,lh the hereddameias and epourtensaces TO HAVE AND TO HOLD the said premhn shove bargained aid described min apourareanma unto the aid part y of the second pan, her heir, and assign, lernee. And the old party of the Ern path for himself, hie heirs, executors and adminbtnters. de cis cotenant, geer•, ingrain and ante to and with the aid par, y of the second part, her belre end mega IMP a1 the time of the en ruling and delivery of these present' he is well felled el the premises above conveyed, as of gams, see. per fat, absolute and Indefeasible estate of 'obedience, In law. in lee simple, and hag good right, full power and lawful authority to grant, bargain sett end canny the atria In manner end form aforesaid, and that me Hine are nee sad clear lies all loaner tad ether hate. butane, ales. inns, tans. essesameaia and incombnneer nl whatever hied orasmre axis Subject to reservations and exceptions contained in th Union Pacific Railroad company deed; rights of way, easements and previous reservations of record, and to 1969 taxes payable in 1970, and subject to Deed of Trust of record; and the shove promisee, in the quiet and peaceable ponenton of tie said pan y Of the second pan her bens end seeigne, [gain all lad every person or p 55555 lawfully claiming or to claim the whole or any put thereof, the said part y of the fail pan shall and will WARRANT AND FOREVER DEFEVD IN WITNESS WHEREOF, The said part y of the lint pun ha a hereunto set hie 'sand and seal the day and year first shove written. Signed, Sealed and Delivered In the Presence of cc. veil .ld_._meeee __(sf1Aa) . Preiderl ch Hither^ _._ ... C.%'-Alk.c .rcctG ..9red.e,Se era-- -(SEAL) (SEAL) (SEAL) STATE "'mill � DO, lee. The foreman' inetrumene was acknowledged Wore ore "his / day of C �,,ripi o!jlpc , 19..2 by—_£raiderich n e__ 1 ,l maven _ _ - ,, Ire\ `G _.._._ _'." ....... ,:: .',PGfe3syitP^dal Orient Sent I /, gnFpisclnp Ery[tae__ Ne'eary Pubic r.w WARRANTY DEED— w ..s—..... Ca. From:ALLES Taylor and Duke, LLC 9703520128 10/22/2012 16:50 11950 P.006/008 BOOK 2.,2s7 Recorded et_ ..... _I_/o':1_ ! .}ek.P M__._.....D.C>-....9 197.5 751 Receplioo No._._. I,,tdtoV.00_ ... ._CUE SHEMEE 1R I?.eorder, aC=tnitB all Sten by *toe ents, That tier,...aUsii-r..-pnowN_and-..—..__._. _- _ ._. .., City or Town County of -.. Weld ----_ and State oL......__---._-- Colorado -.__. rd= conaideisUon of otlAat_ygl_u4bia_c2 siderafisDD—ATAd...TEN—ea..1o11RG_JxlT.L.ARS_-- elavmgi Brown Grain & Livestock, Inc. in hand paid, hereby Belga) and oonvey(s) to .a Cn l oradn ccwpana t l on, City or Town of Pierce _..._.._.___....� _—.and the State of__..—sc4, 2til )a —.—...--.—the ...and State of Colorado, whose sheet eddrsa 3s._ Couuty of, -ALL _ following real property in the County oP ..-.-.St1 _ to.witl 'Parcel 1. The Northeast Quarter (NEM) and the South Half (Sic) of Sec- tion Twenty-nine (29), Township Nine (9) North, Range Sixty-six (66) West of the 6th P.M. Parcel 2. All of the East Ball (20) of Section Thirty (30), Township Wight (8) North, Range Sixty-six (66)Westof the 6th P.M. except the South Ralf of the Southwest Quarter of the Southeast Quarter (ShSWMSE% and except 13/64 of the oil, gas and minerals which have been previous conveyed, Parcel 3. All that part of the East Half (S!) of Section Seven (7), Township Seven (7) North, Range Sixty-six (66) West of the 6th P.M. as described in warranty deed recorded in Book 1255, page 1, of the Weld County records. Also all of the Northwest Quarter (M A) of Section Seven (7), Township Seven (7) North, Range Sixty-six (66) West of the 6th P.M., except the West 160 acres thereof, with all its appurtenances and warrant(s) the title to the same, subject to_resetaattaz1-Q.f-.Jlnion.---- Pacific Railroad; t inclusion witlll1in.the Nunn Fire Protection Dis- tractL,and- to the 19975 �axes_paysble in 1974_A,td_subjeaL..taaeed..�._ oS tt nsi of`�recora— • In the Presence of .frown omen Brown Wife and Husband _.. STATUTORY ACKNOWLEDGMENT STATE OP COLORADO, es. County of__..._..._._w�._.._.._. T e foregoing inert' cut was a 1mowledged before me ibis _........_.._.,._-.sort __._...day of ..._.. _... 19-76 By_.R nth_ 7. Rrot,m_and...J... rtpan: 7owar=dtife_ and_.._._.. Witoees my band and oiflg l seal. Husband My commission expirts... y Notary Public. FI.0II, Tax- Nfonces FORM le! REV. Sqa NOM,. Malllne A4Ema WARRANTY GEED_.STIootORT FOnM. .OP PHOTOaaaPMK 5ECOTO.—THE C. Ira HOECKEI. CO.. REMVCR polo From:ALLES Taylor and Duke, LLC 9703520128 10/22/2012 16:50 11950 P.007/008 ce-‘9 _ I Iftlll 111111111111 Iflll VIII Iiii VIII 111 II I IIII Ilfl - 2807 519 1111112000 12:OSP JA Sold Taakamoto 1 of 1 R 5.00 0 0.00 Weld County CO Quit Claim Deed THIS DEED is a conveyance 1mm the individualist, caporadonle) or ether entity(iesj named below es GRANTOR to the bdviduel(s) or enthyfes) named below as GRANTEE of whatever Interest the GRANTOR may have in the reel property described below. The GRANTOR hereby sells end suit claims to the GRANTEE the nal property described below with all Its appurtenances. The specific terms of this deed Sr.; Grantor: Brown Grain & Livestock. Inc. Gramm: RC Land, Inc. Pone a1 Cc -Ownership: Property Description: Pagel 1. tlw Nominees; Quenon INEKI end the South Neff (SW) of Section Twenty -DIM 1291, Township Nlne (9}, North. Hinge Shttyaut (BS) West of the 6th P.M. Parcel 2. At of the East Hilt (E of Section Thirty (SO), township eight (61 North. Range Slaty -six (6S) West of the 6th P.M. except the South Halt of the Southwest Quarter of the Southesat Chanter (SW, SINK. SE 'A). Property Address: ReaervnRawasirirtlers: Executed by the Grantor an the tat day of July , 2000. apetes low tut Caeeaere. Penman* r AaaeebIbe: Bases n.ae far W.dh eWel: town Gain �at'tDania. inn. on Duane N. Brown STATE OF COLORADO I as. COUNTY OF WELD I Grantor Grantor The laeepoiag immanent wes ecknowbdged before me this 1st day of i Iv 2000. by cane N. brown of rresident _ of RC Land, InC. and Brown Grain S Livestock, Inc. WITNESS my hand and official seal. My commission expires: :.4k\' !'I II iLIC 111 _t...)t/... •.. • From:ALLE5 Taylor and Duke, LLC 9703520128 10/22/2012 16:50 #950 P.008/008 (e 69 J111111f1I 1111111111111111IIII!11111III111111111IIII 2867689 11117!2806 12;06P JR Sukl Tsul'amolo 1 of 1 R 5,66 0 0.66 Weld County Co Quit Claim Deed THIS DUD Is a cenveyenot Nom the individual(e), corporation's) or other endry(ieel named below as GRANTOR to the hrdnidcegs) or entitylies) named below as GRANTEE of whatever Want the GRANTOR may hew In the real property described below. The GRANTOR hereby sells end quit claims to the GRANTEE the real property detergent below with all Its appurtenances. The specific terms of this deed ere; Grantor: Brown Grain & Livestock, Inc. Gremee: RC Land, Inc. Fenn of Co Owarraldp: Property Deaadptlen: Parcel 1. the Northers Conner (NEW) end the South Half (SW) of Section Twenty-nine (29), Township Nine (9), North, Range Sixty-six (66) Weal of the 6th P.M. Parcel 2, Al of the East Half IE rh) of Section Thirty ISO), township eight (8) Nonh, Range Sbdy els 166) West of the 6th P.M. except the South Half of the Southwest Quarter of the Southeast Quarter (5N, 81611/4, SE W). Proem Addraaa: M1oervadonrlimonlnione: Executed by the Grantor on the let day of July 2000, span me let 4preun. h+e•nab r haraairlkmr Sires Mae tw Md McWrY- Brown Get a Wettest we. PALA_ Duane N. Brown Grantor M STATE OF COLORADO I IS. COUNTY OF WELD I Granter The tareooing irsstwman t wee acknowledged before me this 1st dsy N J 1v 2000, by u sae �sPreaiden� of PC Land, Inc. and Drown Grain & Livestock, Inc. WITNESS my heed and offlciel seal. My commission expires: 'k�'i. FLU`, LAND LEASE THIS LEASE is entered into effective July 1, 2012, by and between RC Land, Inc. the Lessor, and Soarin V, LLC, the Lessee. 767o Leo r 7 °1 I /U nn C o '&(o f Y / 1. Premises Lessor leases unto the Lessee and Lessee leases from Lessor, upon terms and conditions set forth herein, certain real property situated in the County of Weld and State of Colorado, consisting of Two (2) acres of the approximately 312 acres located at Weld County Parcel Number 045529000011 and referenced in "Exhibit A" attached hereto and incorporated herein by this reference (The Property"). 2. Term of Lease The terms of this Lease shall begin July 1, 2012 ("Commencement Date") and shall extend through the 30th day of June 2017, and then year-to-year thereafter unless terminated sooner by either party upon thirty (30) days notice, or as otherwise provided herein ("Termination Date"). 3. Option to Extend Lease Provided that Lessee is not in default under the Lease and in consideration of the execution of this Lease Agreement by the Lessee, the Lessor hereby grants to the Lessee the option to extend the term of this Lease for Two (2) additional periods of Five (5) years each upon the same terms and conditions as contained in this Lease Agreement; provided, however, that the Five Year Rental Amount paid up front, may be increased during any extended term by an amount acceptable to both Lessor and Lessee. The First Option Lease year shall commence July 1, 2017 and end June 30, 2022. If the Lessee elects to exercise its option to extend the term of this Lease, the Lessee shall do so by giving the Lessor written notice of such extension at least ninety (90) days prior to the expiration of the initial term of the Lease or prior to the expiration of any extension thereof. If the Lessee gives such notice, the term of this Lease shall be automatically extended for the additional option period without the necessity of executing any extension or renewal agreement. Rental e>O ,UtV Lessee has paid to Lessor the amount of $12,500.00 for the first full five years of the Lease and agrees to pay to Lessore z tent g n�e tent{ rate of MS in advance, for all subsequent Options to Extend the term of this Lease per Paragraph 3 herein. Payments shall be made to the following address: 13415 CR 88, Pierce, CO 80650. 5. Use of Premises Lessee shall have the right to use and occupy the Property for an Explosives Magazine Storage Area. Any other use shall be permitted only with the prior written consent of Lessor. Throughout the primary term of this Lease (and any extension thereof), Lessee, at Lessee's sole cost and expense, covenants to promptly comply with all laws and -1- ordinances and the orders, rules, regulations and requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and officers thereof. Assignment and Subletting This Lease or any interest herein may not he assigned by Lessee, voluntarily or involuntarily, by operation of law or otherwise, and all or any part of the Property shall not be subleased by Lessee without the prior written consent of Lessor. Any consent to assignment or subletting given by Lessor shall not constitute a waiver of necessity for such consent to a subsequent assignment or subletting. Notwithstanding any assignment or sublease, Lessee shall remain fully liable under the terms and conditions of this Lease and shall not be released from performing any of the terms, covenants and conditions hereof. Any assignee or sub lessee (in addition to Lessee) shall be personally responsible for all payments, conditions, covenants and agreements in this Lease. Any assignment or subletting in violation of this paragraph shall be null and void. It is understood by all parties that Soarin V, LLC will be the Primary Lessor and will sublease the Property to GEODynamics, Inc for the storage of Explosive Magazine Storage. GEODynamics shall be solely responsible for any vandalism, personal property damage, misconduct and/or any other damage that may occur within the two (2) acre Property. GEODynamics shall indemnify and hold harmless both the Lessor and Lessee of any such damage. 7. Fencin Lessee agrees to repair or replace any fencing necessary. 8. Waste Lessee agrees not to commit or cause to be committed any waste in, to or upon said premises or any part thereof. 9. Right to Enter Lessor, its agents or assigns. shall have the right to go upon the Property at any time to inspect the same or to make repairs or improvements thereon, or for any purpose incidental to the management of the Property. 10. Expiration of the Term The Lessee covenants with the Lessor, at the expiration of the term of this Lease, to yield up possession to the Lessor, in as good order and condition as when the same was entered upon by the Lessee. If the Lessee fails to deliver up said premises, the Lessee agrees to pay the Landlord $25 per day for all time that it may continue in possession of the premises after the expiration of this Lease. 11. Sale of Premises The Lessee agrees that this Lease is made subject to the sale of all or any part of the real estate herein described by the Lessor. In the event of sale of the premises, the Lessee agrees to immediately quit and surrender its Lease on such portion of the premises that has been sold and any advance rent shall he refunded on a pro rata basis. 12. Expenses Except as otherwise specified herein, all expenses incident to the operation of the property during the term of this Lease shall he paid by Lessee. 13. Default The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee: a. The Lessee failing to pay the rent herein reserved or the Lessee failing to make any other payments required to he made by Lessee when due, where such failure shall continue for a period of five (5) days following notice from Lessor to Lessee. b. The Lessee failing to perform or keep any of the other terms, covenants, and conditions herein contained for which it is responsible, and such failure continuing and not being cured for a period of thirty (30) days after notice or if such default is a default which cannot be cured within a 30 -day period, then the Lessee's failing to commence to correct the same within said 30 -day period and thereafter failing to prosecute the same to completion with reasonable diligence. c. The Lessee abandoning the premises. In the event of an occurrence of default as set forth above, the Lessor shall have the right to terminate this Lease and end the term hereof by giving to Lessee written notice of such termination. 14. Litigation In the event of default by the Lessee resulting in the Lessor employing an attorney for the purpose of defending or enforcing any provisions of this Lease or regaining possession of the property, the Lessee agrees to pay the Lessor reasonable attorney's fees and expenses on demand. Delinquent payments shall draw interest at the rate of 12% per annum. 15. Insolvency of Lessee The insolvency of the Lessee, a receiver being appointed to take possession of all or substantially all of the property of the Lessee, the making of a general assignment for the benefit of creditors by the Lessee, or the filing by or against the Lessee under provisions of the Federal Bankruptcy Code (or any successor law or any state insolvency laws), shall terminate this Lease and entitle the Lessor to re-enter and regain possession of the premises. 16. Care of Property The Lessee agrees to maintain the one acre Property and all access roads. 17. Insurance The Lessee and/or Sub -Lessee shall carry the following types and minimum coverages of insurance: a. Worker's compensation insurance in compliance with all state, federal and other governmental laws, rules and regulations; h. Comprehensive general liability insurance with respect to the Lessee's use and occupancy of the premises and operations incidental thereto, with limits of not less than $1,000,000 for bodily injury liability each occurrence, and $50,000 for property damage liability each occurrence. Lessor shall be named as an additional insured under the Lessee's comprehensive general liability insurance. As evidence of the above, the Lessee shall submit to the Lessor certificates of insurance. All insurance coverage must be the minimum coverage recommended for said Grazing Lease's location as established by the insurance industry. 18. Indemnity Provisions Lessee agrees to exonerate, hold harmless, protect and indemnify Lessor, or any owner of the Property from and against any and all losses, damages, claims, suits or actions, judgments and costs which may arise during the primary term of this Lease (or any extension thereof) for personal injury, loss of life or damaged property sustained in or about the Property. This indemnity shall specifically include attorneys' fees and any costs incurred by Lessor to enforce this indemnity. 19. Binding on Heirs Except as may he mutually agreed by the parties, the provisions of this Lease shall be binding upon the heirs, executors, administrators, and successors of both the Lessor and the Lessee in like manner as upon the original parties. The rights referred to herein shall not include subleasing or assignment as set forth above. 20. Partnership Not Created This Lease shall not be construed as giving rise to a partnership, and neither party shall be liable for debts or obligations or the other without written consent, and the Lessee has no authority to insure any obligation on behalf of the Lessor. 21. Notices Except as otherwise expressly provided by law, any and all notices or communications required or permitted by this Lease or by law to be served on or given to either party hereto by the other party shall he in writing and shall be deemed to be duly served and given when personally delivered, or deposited in the United States Mail, first class postage, pre -paid, addressed to the party at the address of said party shown herein. 22. Possession- Liability The Lessor shall not he liable for its failure to deliver possession of the premises for any cause beyond its control. -4- 23. Extension of Term- Amendments 1'he parties hereto agree that no act of either party or both parties hereunder shall be construed as an extension of the Lease or any change in its terms unless the same is reduced to writing and signed by both parties. 24, Environmental Liability The Lessee agrees not to use any pesticides, chemicals, or toxins which the Environmental Protection Agency or other Government authorities have deemed harmful to the environment. Any liability for such chemicals past, present and future used as a result of said Land Lease will rest solely on the Lessee and their heirs. Lessee further agrees that no dumping, burial or contamination of surrounding water sources involving waste, pesticides, chemical or toxins will be permitted on the premises. Any related clean-up fees which the Lessor may occur as a result will be reimbursed in full by the Lessee including any penalty fees and interest. 26 General It is mutually understood and agreed that this Lease shall be governed by the laws of the State of Colorado. Should any provision of the Lease violate any federal, state or local law or ordinance, that provision shall he deemed amended to so comply with such law or ordinance, and shall be construed in a manner so as to comply. 27. Access Lessor hereby grants the Lessee and Sub -Lessee (GEODynamics, Inc.) full access to the Property. This shall mean 24 hours a day and 7 days a week. 28. Additional Provisions The Parties agree that the following upgrades to the property are acceptable: "Explosive Magazine Storage Area" This area shall consist of a total of 43,560 sq. ft. The specifications for the Magazine Storage Area are as follows: • 8' chain link fence 80'x80'x80'x80' with 3 strands of barbed wire on top. • Two 10' swinging gates in the center of the south fence with a locking mechanism. • 12' access all-weather road to the location from WCR 100 with adequate gravel (This will he in addition to the One (1) acre Storage Area. • I00'x 100' Square all weather pad for placing magazines - • Setbacks from the intersection of WCR 100 and WCR 29 are: - 1600' West of Intersection of WC'R 100 and WCR 29 - 1600' North of the WCR 100 -5- Lessee: Lessor: Soarin V, LLC RC Land, Inc. By: �'v7 may✓ By. CJ M , 0 ..N-� Pt -es Exhibit A -6- INDUSTRIAL LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease"), dated July 3`d, 2012, is made and entered into by and between: (Landlord): Soarin V, LLC located at 48645 CR29, Nunn, CO 80648 and (Tenant): GEODynamics, Inc. (a Delaware Company) located at 10500 Interstate 20, Millsap, Texas 76066, individually referred herein as a "Party" and collectively as the "Parties." Address of Landlord: Soarin V, LLC 48645 CR29 Nunn, Colorado 80648 WITNESSETH: 1. Leased Premises and Term. Mailing/Notice Address of Tenant: GEODynamics, Inc. Brazos Park 10500 West Interstate 20 Millsap, Texas 76066 Attn: Mr. Husain Suleman - CFO In consideration of the obligation of Tenant to pay rent as herein provided and in consideration of the other terms, provisions, and covenants hereof, Landlord hereby demises and leases to Tenant and Tenant hereby accepts and leases from Landlord certain Leased Premises situated at 829 S. Highway Frontage Road, Nunn, CO 80648 & the One Acre Site of Weld County Parcel Number 045529000011, County of Weld, State of Colorado and more particularly described on Exhibit "A" attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Leased Premises and together with the buildings and other improvements situated upon said Leased Premises (said real property, buildings and improvements herein referred to as the "Leased Premises"). TO HAVE AND TO HOLD the same for a term commencing on July 1, 2012 and ending on June 30, 2017 ("Initial Term"). Leased Premises Further Defined: 1.1 "Leased Premises" means that certain property known as 829 S. Highway Frontage Road, Nunn, CO 80648 & the One Acre Site of Weld County Parcel Number 045529000011. The Leased Premises is agreed, for the purpose of this Lease, to consist of 8,800 square feet building , located on 4.2 acres and a 1 acre site where the onsite Explosives Magazine Storage Area will be located, whether the same shall be more or less as a result of minor variations in measurements. 1.2 "Area" shall mean the land commonly known as 829 S. Highway Frontage Road, Nunn, CO 80648 & the One Acre Site of Weld County Parcel Number 045529000011. The Area includes the Leased Premises and Building(`s). 1.3 "Building(`s)" shall mean the building(`s) within the Area in which the Leased Premises are located. -1- 1.4 "Explosives Magazine Storage Area -EMSA" - shall mean the site located at Weld County Parcel Number . This site shall consist of 43,560 square feet and will be 1,600 feet from the Eastern border of the property and 1,600 feet from the Southern border of the property. The Landlord acknowledges that the one acre site has been sub -leased from RC Land, Inc. and confirms to Tenant that the terms and conditions of the One Acre Site sub -lease duplicates any and all terms and conditions of this "Industrial Lease Agreement" including the ingress and egress rights and proper easement(`s) across the sub -leased property to access the One Acre Site 24 hours a day by Tenant. The Landlord has informed the Tenant that the property surrounding and including the One Acre Site is enrolled in or is part of the Colorado Grassland Conservation District and will not be encroached as is defined in paragraph 1.5. 1.5 "Encroachment Clause - EMSA" - Landlord will guarantee that no structures be relocated to, constructed or encroached within 1500' 360 degrees to the said location and Landlord further agrees to maintain a vacant 1500' - 360° radius around the Magazine to satisfy ATF explosive storage regulations during the term of this lease and any extension's to this lease (see 1.7 below) thereof, It is mutually understood that upon violation of the "Encroachment Clause — EMSA", Landlord agrees to be financially responsible up to an amount not to exceed $25,000 USD for any and all damages, fines, costs and legal expenses including but not limited to the relocation and construction of a new ATF Approved Explosive Magazine Storage Area as determined by tenant. Further, Tenant shall have the option to terminate this lease immediately. 1.6 "Term; Possession" The Lease Term and Possession Date are as follows: The term of this Lease shall be for a period of sixty (60) months, commencing, July 1, 2012, and ending June 30, 2017. 1.7 Option to Extend: Provided that Tenant is not in default under the Lease and in consideration of the execution of this Lease Agreement by the Tenant, the Landlord hereby grants to the Tenant the option to extend the term of this Lease for Two (2) additional periods of Five (5) years each upon the same terms and conditions as contained in this Lease Agreement; provided, however, that the Annual Base Rental shall be increased each Lease year during any extended term by an amount equal to three percent (3%) of the Annual Base Rent payable during the preceding Lease term. The First Option Lease year shall commence July 1, 2017 and end June 30, 2022. If the Tenant elects to exercise its option to extend the term of this Lease, the Tenant shall do so by giving the Landlords' written notice of such extension at least ninety (90) days prior to the expiration of the initial term of the Lease or prior to the expiration of any extension thereof. If the Tenant gives such notice, the term of this Lease shall be automatically extended for the additional option period without the necessity of executing any extension or renewal agreement. 1.8 Leased Premises Acceptance: Tenant acknowledges that it will inspect the existing 8,800 square foot building once Landlord confirms that building is completed with the intent to accept the Leased Premises and specifically the building and improvements comprising the same, in their present condition as suitable for the purpose for which the Leased Premises are leased. Taking of possession by Tenant -2- shall be deemed to establish that said buildings and other improvements are in good and satisfactory condition as of when possession was taken. Tenant further acknowledges that no representations as to the repair of the Leased Premises, nor promises to alter, remodel, or improve the Leased Premises have been made by Landlord unless such are expressly set forth in this Lease. After the commencement date, Tenant shall upon demand execute and deliver to Landlord a letter of acceptance of delivery of the Leased Premises. Landlord confirms that the newly constructed building meets or exceeds all local, state and federal building codes and fire codes. Since building is newly being constructed, there should be a specified time to ensure that the building's equipment is working properly and that the Landlord will work with all sub- contractors to provide proper service and the guarantees that the various warranties and workmanship provide. Landowner should also maintain any "fill" areas that are ongoing on the property and immediately adjacent to the property to prevent any sink holes and any and all types of erosion and improper road(`s) or gravel/hard surface pads. Futher, Landlord represents that the concrete foundation has been properly poured and reinforced to support loaded pallet and pipe racks. 2. Rent Tenant shall pay the following Base Rent for the Leased Premises: 2.1 Base Rent. Tenant shall pay the Monthly Base Rent to Landlord, without notice and without deduction or setoff, at the address of Landlord as herein set forth, in advance on the first day of each month during the term hereof. If appropriate, the Base Rent for the first month of the Lease Term shall be prorated for said partial month. 2.2 Rent Schedule. The Base Rent for the initial Lease Term is as follows: During Initial Lease Term For Period Monthly Base Rent Annual Base Rent 07/01/2012 to 06/30/2017 $7,333.33 $88,000.00 3. Security Deposit The Tenant has deposited with Landlord, the sum of Eight Thousand dollars and no/100 dollars ($8,000.00) which represents a security deposit for the full and faithful performance by Tenant of all the terms and conditions upon the Tenant's part to be performed. The Tenant shall not be entitled to any interest on the aforesaid security. Any default or breach of any of the covenants or conditions of this lease by the Tenant shall forfeit the above deposit to the Landlord. Landlord and Tenant mutually agree that if the terms and conditions of the initial lease cannot be agreed upon and executed by July 1, 2012, Landlord agrees to return the security deposit of Eight Thousand ($8,000) back in full. Note: Rental checks and payments should be made payable to and sent to: Soarin V, LLC, 48645 CR29, Nunn, CO 80648 - 3 - 4. Use of Premises Tenant's use of the Leased Premises under this Lease as an office/warehouse, distribution and storage facility for any and all components relating to perforating systems and down hole tools including but not limited to explosive products, materials and gun steel. This includes any and all parts, tools and components used by service companies and/or operators in the Oil & Gas Industry, Industrial and/or Equipment Industries, which shall be Tenant's normal and usual activities in connection with Tenant's business, which may change from time to time. Tenant also agrees that it will not use, or suffer or permit any person to use the said Leased Premises or any portion or portions thereof for any use or purpose in violation of the laws of the United States, or the State of Colorado or other governmental subdivision having jurisdiction, and neither suffer nor permit nuisances upon said Leased Premises. Notwithstanding the above, Tenant's parent company, subsidiaries or affiliated entities may use the Leased Premises without the necessity of a sublease or assignment 4.1 Landlord acknowledges that Tenant's operations and use of the Leased premises may involve the use, storage and handling of certain Hazardous Materials, as that term is defined herein. Tenant shall use, store and handle any Hazardous Materials in compliance with all environmental laws that are applicable to Tenant's operations. Outside storage is allowed. Tenant shall, at its own cost and expense, obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances, and regulations applicable to the use of the Leased Premises and shall promptly comply with all governmental orders and directives for the correction, prevention, and abatement of nuisances in, upon or connected with the Leased Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, or gas to emanate from the Leased Premises, or take any other actions which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Leased Premises are situated or unreasonably interfere with their use. Tenant shall not allow any accumulation of trash or debris on the Leased Premises or within any portion of the Area outside the main course of business. 5. Taxes Landlord will pay, in the first instance and before delinquency, all general real estate property taxes and assessments which may be levied or assessed by any lawful authority against the Leased Premises. Within ninety days (90) following the end of each lease year, Landlord shall furnish Tenant with written notice of Landlord's actual annual cost of such taxes and shall provide Tenant with copies of the applicable tax bills and proof of payment (collectively the "Tax Documents"). Upon receipt of the Tax Documents, Tenant shall pay to Landlord by invoice within thirty (30) days the amount of such taxes during the Initial Term or any Extended Term of the Lease based on Landlords most recent tax bill for said Leased Premises of said notice. -4- 1i/ 6. Landlord Repairs 6.1 Landlord shall, at its own expense, be responsible for the prompt repair and maintenance of the foundation, structural walls, interior and exterior roof and sub - flooring., and the pipes, lines and utilities (including electrical and communications cabling, gas, water and sewerage systems) serving all buildings, magazine sites and improvements at the Leased Premises, provided such repairs are not necessitated due to the negligence or willful misconduct of Tenant. Tenant shall immediately give Landlord written notice of defect or need for repairs, after which Landlord shall have reasonable opportunity to repair same or cure such defect. Since building is newly being constructed, there should be a specified time to ensure that the building's equipment is working properly and that the Landlord will work with all sub- contractors to provide proper service and the guarantees that the various warranties and workmanship provide. Landowner should also maintain any "fill" areas that are ongoing on the property and immediately adjacent to the property to prevent sink holes and any and all types of erosion and improper road(`s) or gravel/hard surface pads. Futher, Landlord represents that the concrete foundation has been properly poured and reinforced to support loaded pallet and pipe racks. 7. Tenant's Repairs 7.1 Tenant shall maintain and keep the Leased Premises in good repair. Tenant agrees to surrender the Leased Premises at the termination of this Lease in substantially as good a condition as when received, except for damage by Landlord or Landlord's employees or agents, and ordinary wear and tear, damage by fire, hurricane, tornado, flooding, other casualties and the elements, natural decay or deterioration, and damage by acts of crime, violence, riot, war or terrorism. 7.2 Tenant shall not damage any wall except for the placement of signs or decorative art or disturb the integrity and support provided by any wall, and shall, at Tenant's sole cost and expense, promptly repair any damage or injury to any wall caused by Tenant or its employees, agents or invitees. 7.3 Tenant shall, at its sole costs and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all HVAC systems, and equipment within the Leased Premises. The maintenance contractor and the contract must be approved by the Landlord, which approval shall not be unreasonably withheld delayed or conditioned, and the maintenance contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within ninety (90) days of the date Tenant takes possession provided Landlord has approved the maintenance contractor and the maintenance contract for the Leased Premises. Tenant shall be responsible for any repair to the HVAC systems during the system's useful life at its sole cost but not replacement of the HVAC system unless the replacement is directly due to Tenant's willful negligence and damage. -5- 7.4 Tenant, at Tenant's sole expense, shall be responsible for all maintenance of the Leased Premises . This includes but is not limited to snow removal, landscaping, exterior lighting and fence repairs. 8. Alterations Tenant shall not make any alterations, additions, or improvements to the Leased Premises (including but not limited to roof and wall penetrations), add to existing electric power service, add telephone outlets, add light fixtures, install additional heating and/or air conditioning equipment or fixtures without the prior written consent of Landlord. Tenant may, without the consent of Landlord but at its own cost and expense and in good workman like manner, erect such shelves, bins, machinery, signs, decorative art and trade fixtures as it may deem advisable without altering the basic character of the building or improvements and without overloading or damaging such building or improvements and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. All alterations, additions, improvements, and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease, and Tenant may elect to, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements, and partitions erected by Tenant. If Landlord notifies Tenant in writing prior to termination of this Lease or upon earlier vacating of the Leased Premises, such alterations, additions, improvements, or partitions may become the property of the Landlord as of the date of termination of this Lease if agreed by Tenant. 9. Signs Tenant shall have the right to install signs upon the Leased Premises only when first approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed and subject to any applicable governmental laws, ordinances, regulations, and other requirements. Tenant shall remove all such signs by the termination of this Lease. Such installations and removals shall be made in such a manner as to avoid injury or defacement of the building and other improvements, and Tenant shall repair any reasonable injury or defacement caused by such installation and/or removal. 10. Inspection. Landlord and Landlord's agents and representatives shall have the right to enter and inspect the Leased Premises at any reasonable time during business hours with three (3) days prior written notice (except for emergencies) for the purpose of ascertaining the condition of the Leased Premises or in order to make such repairs as may be required or permitted to be made by the Landlord under the terms of this Lease. During the period that is ninety (90) days prior to the end of the term hereof, Landlord and Landlord's agents and representatives shall have the right to enter the Leased Premises at any reasonable time with three (3) days written notice during business hours for the purpose of showing the Leased Premises and shall have the right to erect on the Leased Premises a suitable sign indicating the Leased Premises are available. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises and shall arrange to meet with Landlord for a joint inspection of the Leased Premises prior to vacating. - 6 - 11. Utilities Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler charges, trash removal and other utilities and services used on the Leased Premises, together with any taxes, penalties, surcharges, or the like pertaining thereto and any maintenance charges for utilities and shall furnish all electric light bulbs and tubes. If any such services are not separately metered to Tenant, Tenant shall pay a reasonable proportion as reasonably determined by Landlord of all charges jointly metered for the premises. Landlord shall, in no event, be liable for any interruption or failure of utility services on the Leased Premises. 12. Assignment or Subletting. Tenant may not assign this Lease or sublet the Leased Premises or any part thereof, without the written consent of Landlord, which consent shall not be unreasonably withheld. No such assignment or subletting, if approved by Landlord, shall relieve Tenant of any of its obligations hereunder and the performance or nonperformance of any of the covenants herein contained by subtenants shall be considered as the performance or the nonperformance by Tenant. Notwithstanding the above, Tenant's parent company, subsidiaries or affiliated entities may use the Leased Premises without the necessity of a sublease or assignment. 13. Fire and Casualty Damage. 13.1 During the term of the Lease, Landlord agrees to carry "all-risk" insurance coverage on the Leased Premises for full replacement thereof and shall provide Tenant with a certificate of insurance reflecting such coverage. Landlord will pay, in the first instance, and before delinquency, all premiums for said "all-risk" insurance on the Leased Premises. Within ninety (90) days following the end of each lease year, Landlord shall furnish Tenant with written notice of Landlord's actual annual cost of such insurance premiums and shall provide Tenant with copies of the applicable insurance bills and proof Of payment (collectively the "Insurance Documents"). Upon receipt of the Insurance Documents, Tenant shall pay to Landlord by invoice the amount of such insurance premiums during the Initial Term or any Extended Term of the Lease based on Landlords most recent insurance bill for said Leased Premises. 13.2 If the buildings situated upon the Leased Premises should be damaged or destroyed by fire, tornado or other casualty, Tenant shall give immediate written notice thereof to the Landlord. 13.3 If the buildings situated upon the Leased Premises should be totally destroyed by fire, tornado, or other casualty, or if they should be so damaged thereby that rebuilding or repairs cannot, in Landlord's estimation, be completed within ninety (90) days after the date upon which Landlord is notified by Tenant of such damage, this Lease shall terminate, and the rent shall be abated during the unexpired portion of this Lease, effective upon the date of the occurrence of such damage. 13.4 If the buildings situated upon the Leased Premises should be damaged by any peril covered by the insurance to be provided by Landlord under subparagraph 12(1) above, but only to such extent that rebuilding or repairs can, in Landlord's estimation, -7- be completed within ninety (90) days after the date upon which Landlord is notified by Tenant of such damage, this Lease shall not terminate, and Landolord shall, at its sole cost and expense, thereupon proceed with reasonable diligence to rebuild and repair such buildings to substantially the condition in which they existed prior to such damage, except that Landlord shall not be required to rebuild, repair, or replace any part of the partitions, fixtures, additions, and other improvements which may have been placed in, on, or about the Leased Premises by the Tenant. If the Leased Premises are untenantable in whole or in part following such damage, the rent payable hereunder during the period in which they are untenantable shall be reduced to such extent as may be fair and reasonable under all circumstances. In the event that Landlord should fail to complete such repairs and rebuilding within ninety (90) days after the date upon which Landlord is notified by Tenant of such damage, Tenant may, at its option, terminate this Lease by delivering written notice of termination to Landlord as Tenant's exclusive remedy, whereupon all rights and obligations hereunder shall cease and terminate. 13.5 Each of Landlord and Tenant hereby releases the other from any loss or damage to property caused by fire or any other perils insured through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or other perils insured in policies of insurance covering such property provided, however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such times as the releasor's policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said policies or prejudice the right of the releaser to recover thereunder, and then only to the extent of the insurance proceeds payable under such policies. Each of the Landlord and Tenant agrees that it will request its insurance carriers to include in its policies such a clause or endorsement. If extra cost shall be charged therefore, each party shall advise the other thereof and of the amount of extra cost, and the other party, at its election, may pay the same but shall not be obligated to do so. 14. Insurance Landlord shall, during the entire term hereof, keep in full force and effect a policy of public liability and property damage insurance with respect to the Leased Premises, under which the public liability limits shall be not less than One million dollars and No/100 ($1,000,000.00) combined single limit per occurrence. The policy shall be on an "occurrence" basis. A certificate reflecting such insurance covering and designating Tenant as additional insured thereunder shall be delivered to Tenant upon request therefor. As long as this agreement is in force, Tenant shall maintain at its sole cost, the following types of insurance: 14.1 Comprehensive General Liability insurance policy with a combined single limit of $1,000,000.00 per occurrence. The policy shall include products/completed operations and contractual coverage. The policy shall be on an "occurrence" basis. -8- 14.2 Automobile Liability insurance policy with a combined single limit of $50,000.00 per occurrence. The policy shall provide coverage for all owned, non -owned and hired vehicles. 14.3 Workers Compensation/Employers Liability insurance with the following limits: Workers Compensation - Statutory Employers Liability - $5,000.00 per occurrence 14.4 Within thirty (30) days of the commencement of this Lease, Tenant shall provide Landlord with an insurance certificate(s) as evidence that the required insurance is in force. Tenant will provide renewal certificates annually to Landlord as long as this Lease is in force. Such certificates shall specify that Landlord shall be given thirty (30) days notice prior to cancellation of any of the required insurance policies. 14.5 All policies shall name Landlord as an additional insured to the extent of the liabilities assumed by Tenant under the terms and conditions of this Lease. 15. Liability. Landlord shall release, defend, indemnify and hold harmless Tenant from and against any and all claims, demands, causes of action, losses, damages, fines, penalties, expenses and other costs, including without limitation reasonable attorneys' fees and reasonable consultants' fees ("Claims"): (a) to the extent such Claims arise out of or relate to the negligence or willful misconduct of Landlord, its parent, subsidiary or affiliated entities or any of their employees, contractors, agents, Tenants (other than Tenant herein), licensees or invitees ("Landlord Parties"); and/or (b) arising from or related to the presence of Hazardous Materials in, on or under the Leased Premises, Hazardous Materials Contamination of the Leased Premises or compliance with any Environmental Laws related to the Leased Premises, except to the extent caused by the negligence or willful misconduct of Tenant, its parent, subsidiary or affiliated entities or any of their employees, agents, contractors, subcontractors ("Tenant Parties"). Landlord hereby indemnifies, releases and holds harmless Tenant from, and Tenant shall neither be responsible for Hazardous Materials nor for any Hazardous Materials Contamination or violation of any Environmental Laws arising therefrom, and Landlord shall retain ownership and/or responsibility for any Hazardous Materials which are or have been brought onto, exist on, or are or have been used, generated, handled, stored, managed, treated or disposed of on the Leased Premises by the Landlord or its tenants, agents, invitees, employees or representatives (other than the Tenant). Neither party shall be liable to the other or its affiliates in any action or claim for business interruption, loss of profit, loss of product, loss of use, delays, or for indirect, consequential or special damages, even if advised of the possibility of such damages. The foregoing shall be applicable even if the liability asserted is based on negligence (whether active or passive) or other fault or strict liability, and regardless of whether the action or claim is based in contract, tort, statute or otherwise. -9- As used herein, the following terms shall have the following meanings: 15.1. Hazardous Materials. (i) Any substance included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," "pollutant," "contaminant", "hazardous waste" or "solid waste" in any Environmental Law; (ii) petroleum, including crude oil or any fraction thereof, (iii) polychlorinated biphenyls (PCB's); (iv) asbestos and asbestos containing materials (whether friable or non - friable); (v) lead and lead based paint or other lead containing materials (whether friable or non -friable); (vi) naturally occurring radioactive materials ("NORM"); and (vii) any substance the presence of which is prohibited on, about or under the Property. 15.2. Environmental Laws. Any one or more of the following statutes, any amendments thereto and any regulations promulgated thereunder, any similar or equivalent state laws, and any other applicable federal, state and local laws concerning pollution, protection of the environment or the use, storage, handling, treatment, management, discharge or disposal of Hazardous Materials, now existing or hereinafter enacted, including, but not limited to, the: Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), 42 U.S.C. 9601 et seq.; Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6901 et seq.; Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.; Toxic Substances Control Act, 15 U.S.C. 2601 et seq.; Clean Air Act, 42 U.S.C. 7501 et seq.; and any similar state analogs. Environmental Laws do not include laws relating to industrial hygiene or worker safety. The foregoing shall also include all rules and regulations and orders of applicable governmental agencies and courts construing, interpreting or executing the requirements of such laws. 15.3. Hazardous Materials Contamination. The contamination of the soil, groundwater or surface water in, on, under, upon, at or beneath the Leased Leased Premises as a result of the release or threatened release of any Hazardous Materials in, on, under, upon, at or beneath the Leased Premises. 16. Condemnation. 16.1. If the whole or any substantial part of the Leased Premises should be taken for any public or quasi -public use under governmental law, ordinance, or regulation, or by right of eminent domain the taking would prevent or materially interfere with the use of the Leased Premises for the purpose for which they are being used, this Lease shall terminate, and the rent, taxes and insurance shall be abated during the unexpired portion of this Lease, effective when the physical taking of said Leased Premises shall occur. To the extent Tenant has paid any rent, taxes and insurance for a period beyond that date, such prepaid and subsequently abated rent, taxes and insurance shall be refunded, and paid by Landlord, to Tenant within thirty (30) days after the date of termination. Tenant shall have no claim to the condemnation award or proceeds in lieu of; provided, however, Tenant, through a separate claim, shall be - 10 - entitled to pursue its own recovery for moving expenses, loss of business, business dislocation, and depreciation to and cost of removal of equipment or fixtures. 16.2. If part of the Leased Premises shall be taken for any public or quasi -public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or by private purchase in lieu thereof, and this Lease is not terminated as provided in the subparagraph above, this Lease shall be reduced to such extent as may be fair and reasonable under all of the circumstances. Tenant shall have no claim to the condemnation award or proceeds in lieu thereof; provided, however, Tenant, through a separate claim, shall be entitled to pursue its own recovery for moving expenses, loss of business, business dislocation, and depreciation to and cost of removal of equipment or fixtures. 17. Holding Over. Tenants will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord. In the absence of an extension of the Initial Term or any Extended Term, Tenant shall have the right to holdover in the Lease Leased Premises, for a period of up to six (6) months, under the same terms and conditions of the existing Lease. Thereafter, the rental rate shall be one hundred twenty (120%) percent of the rental rate in effect during the last month of the Initial Term or any Extended Term, as applicable. 18. Quiet Enjoyment. Landlord covenants that is now has, or will acquire before Tenant takes possession of the Leased Premises, good title to the Leased Premises free and clear of all liens and encumbrances, excepting only the lien for current taxes not yet due, such mortgage or mortgages as are permitted by the terms of this Lease, zoning ordinances and other building and fire ordinances and governmental regulations relating to the use of such property, and easements, restrictions, and other conditions of record. Landlord represents and warrants that it has full right and authority to enter into this Lease and that Tenant, upon paying the rental herein set forth and performing its other covenants and agreements herein set forth, shall peaceably and quietly have, hold, and enjoy the Leased Premises for the term hereof without hindrance or molestation from Landlord, subject to the terms and provisions of this Lease. 19. Events of Default. The following events shall be deemed to be events of default by Tenant under this Lease: 19.1 Tenant fails to pay any installment of the rent herein reserved when due, or any other payment or reimbursement to Landlord required herein when due, and such failure shall continue for a period of thirty (30) days from the date Landlord has provided Tenant written notice of non-payment. 19.2 Tenant becomes insolvent, makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors. 19.3 Tenant files a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or Tenant is adjudged bankrupt or insolvent in proceedings filed against Tenant thereunder. 19.4 A receiver or trustee is appointed for all or substantially all of the assets of Tenant. 19.5 Tenant fails to comply with any term, provision, or covenant of this Lease and does not cure such failure within thirty (30) days after written notice thereof from Landlord. The following events shall be deemed to be events of default by Landlord under this Lease: 19.6 Landlord shall be in default if Landlord fails to perform any of Landlord's obligations and/or breaches any of Landlord's representations and/or warranties contained herein (such failure to perform and/or breach of Landlord's representations and/or warranties hereinafter collectively referred to as "Landlord's Default") and such Landlord's Default shall continue and not be cured for a period of thirty (30) days after receipt of written notice from Tenant specifying the nature of Landlord's Default. Provided however, that if the nature of Landlord's Default is such that more than thirty (30) calendar days are required for its cure, Landlord shall not be deemed in default if Landlord has commenced to cure such Landlord's Default within thirty (30) days and thereafter diligently pursues the same to completion. Further provided, in any event if Landlord's Default is not cured within ninety (90) days after the receipt of written notice from Tenant, Tenant may terminate this Lease upon written notice and have no further obligations hereunder. If Landlord is in default, Tenant may exercise any of its rights provided in law or at equity and shall have the right, but not the obligation, to cure any Landlord's Default and to deduct the costs incurred by Tenant to cure such Landlord's Default, including legal fees and expenses, from the Rent next due and owing under the Lease. 20. Remedies. Upon the occurrence of any such events of default described in hereof and the expiration of any opportunities to cure, the parties shall have the option to pursue any one or more of the following remedies: 20.1 Terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying such Leased Premises or any part thereof. 20.2 Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent due to Landlord hereunder or of any damages accruing to either party by reason of the violation of any of the terms, provisions, and covenants herein contained. No act or -12- thing done by the Landlord or its agents during the term hereby granted shall be deemed a termination of this Lease or an acceptance of the surrender of the Leased Premises, and no agreement to terminate this Lease or accept a surrender of said Leased Premises shall be valid unless in writing and signed by Landlord. No waiver by Landlord of any violation or breech of any of the terms, provisions, and covenants herein contained shall be deemed or construed to constitute a waiver of any other violation or breech of any of the other terms, provisions, and covenants herein contained. Landlord's acceptance of the payment of rental or other payments hereunder after the occurrence of an event of default shall not be construed as a waiver of such default unless Landlord so notifies Tenant in writing. Forbearance by either party to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default or ofthe party's right to enforce any such remedies with respect to such default or any subsequent default. If either Party prevails in any suit to enforce its rights under this Lease, the losing Party agrees to pay all court costs and attorney's fees incurred by the winning Party. 21. Attornment. In the event of a transfer of Landlord's ownership or right to possession of the Leased Premises to any successor lessor ("Successor Lessor") due to sale, assignment, foreclosure, trustee's or sheriff's sale, deed in lieu of foreclosure, or other similar action, such transfer shall neither result in a termination of this Lease, nor a diminution or impairment of any of the rights granted to Lessee under this Lease. Lessee agrees that it will attorn to any such Successor Lessor, provided that such Successor Lessor acknowledges in writing to Lessee: i) its acquisition of ownership or right of possession of the Leased Premises ; ii) its acceptance and agreement to perform the obligations of Landlord; and iii) all of Lessee's rights under this Lease. If requested by any Successor Lessor or any current or proposed mortgage or lien -holder, Lessee agrees to execute, within a reasonable time, a subordination agreement, in a form reasonably acceptable to Lessee, provided that such agreement shall be countersigned by such Successor Lessor or current or proposed mortgage or lienholder and shall provide that upon a transfer of Landlord's ownership or right to possession of the Leased Premises the Successor Lessee x) the shall assume all obligations of Landlord under this Lease; y) none of Lessee's rights under this Lease shall be disturbed or diminished other than as permitted in this Lease; and z) any amounts due and owing by Landlord or the Successor Lessor to Lessee or any other person or entity pursuant to Landlord's obligations under this Lease shall be paid by the Successor Lessor, or may be paid by Lessee and deducted from the Rent. 22. Landlord's Default. In the event Landlord should become in default in any payments due on any such mortgage described herein or in the payment of taxes or any other items which might become a lien upon the Leased Premises and which Tenant is not obligated to pay under the terms and provisions of this Lease, Tenant is authorized and empowered after giving Landlord Thirty (30) days prior written notice of such default and Landlord's failure to cure such default to pay such items for and on behalf of Landlord, and the amount of any item so paid by Tenant for or on behalf of Landlord, together with any interest or penalty required to be paid in connection therewith, shall be payable on demand by Landlord to Tenant; provided, however, that Tenant shall not be authorized and empowered to make any payment under the terms of this paragraph unless the item paid shall be superior to -13- /y! Tenant's interest hereunder. In the event Tenant pays any mortgage debt in full in accordance with this paragraph, Tenant shall, at its election, be entitled to mortgage security by assignment or subrogation. 23. Mechanic's Liens. Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Leased Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any worked performed on the Leased Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Leased Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost, or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title, and interest of the Landlord in the Leased Premises or under the terms of this Lease. 24. Notices - Each provision of this instrument or of any applicable governmental laws, ordinances, regulations, and other requirements with reference to the sending, mailing, or delivery of any notice or the making of any payment by Landlord to Tenant or with reference to the sending, mailing, or delivery of any notice or the making of any payment by Tenant to Landlord shall be deemed to be complied with when and if the following steps are taken: 24.1 All rent and other payments required to be made by Tenant to Landlord hereunder shall be payable to Landlord at the address hereinbelow set forth or at such other address as Landlord may specify from time to time by written notice delivered in accordance herewith. Tenant's obligation to pay rent and any other amounts to Landlord under the terms of this Lease shall not be deemed satisfied until such rent and other amounts have been actually received by Landlord. 24.2 All payments required to be made by Landlord to Tenant hereunder shall be payable to Tenant at the address hereinbelow set forth or at such other address within the Continental United States as Tenant may specify from time to time by written notice delivered in accordance herewith. - 14 - 24.3 Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States Mail, postage prepaid, Certified or Registered Mail, addresses to the parties hereto at the respective addresses set out below, or at such other address as they have theretofore specified by written notice delivered in accordance herewith: LANDLORD: TENANT: Soarin V, LLC P.O. Box 291 Nunn, CO 80648 GEODynamics, Inc. Brazos Park 10500 Interstate 20 Millsap, Texas 76066 Attn: Mr. Husain Suleman - CFO If and when included within the term "Landlord", as used in this instrument, there are more than one person, firm, or corporation, all shall jointly arrange among themselves for their joint execution of such a notice specifying some individual at some specific address for the receipt of notices and payments to the Landlord; if and when included within the term "Tenant", as used in this instrument, there are more than one person, firm or corporation, all shall jointly arrange among themselves for their joint execution of such a notice specifying some individual at some specific address within the continental United States for the receipt of notices and payments to Tenant. All parties included within the terms "Landlord" and "Tenant", respectively, shall be bound by notices given in accordance with the provisions of this paragraph to the same effect as if each had received such notice. 25. Miscellaneous. 25.1 Words of any gender used in this Lease shall be held and construed to include any other gender and words in the singular number shall be held to include the plural unless the context otherwise requires. 25.2 The terms, provisions, covenants, and conditions contained in this Lease shall apply to, inure to the benefit of and be binding upon the parties hereto and upon their respective heirs, legal representatives, successors and permitted assigns except as otherwise herein expressly provided. Landlord shall have the right to assign any of its rights and obligations under this lease. Each party agrees to furnish to the other, promptly on demand, a corporate resolution, proof of due authorization by partners, or other appropriate documentation evidencing the due authorization of such party to enter into this Lease. 25.3 The captions inserted in this Lease are for convenience only and in no way define, limit or otherwise describe the scope or intent of this Lease or any provision hereof or in any way affect the interpretation of this Lease. 25.4 Tenant agrees from time to time, within thirty (30) days after request of Landlord to deliver to Landlord or Landlord's designee an estoppel certificate stating that this Lease is in full force and effect, the date to which rent has been paid, the unexpired -15- Nll term of this Lease and such other matters pertaining to this Lease as may be requested by Landlord. It is understood and agreed that Tenant's obligation to furnish such estoppel certificates in a timely fashion is a material inducement for Landlord's execution of this Lease. 25.5 This lease may not be altered, changed, or amended except by an instrument in writing signed by both parties hereto. 25.6 All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of the term of this Lease shall survive the expiration or earlier termination of the term hereof including, without limitation, all payment obligations with respect to taxes and insurance and all obligations concerning the condition of the Leased Premises. 25.7 If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws effective during the term of this Lease, then in that event it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby and it is also the intention of the parties to this Lease that in lieu of each clause or provision of this Lease that is illegal, invalid or unenforceable, there be added as part of this Lease contract a clause or provision as similar in terms to such illegal invalid, or unenforceable clause or provision as may be possible and legal, valid, and enforceable. 25.8 All references in this Lease to "the date hereof' or similar references shall be deemed to refer to the last date, in point of time, on which all parties hereto have executed this Lease. 26. Real Estate Broker Cassidy Turley Fuller Real Estate has acted as a licensed real estate broker for the negotiation of this Lease. Both parties acknowledge that said real estate broker have acted as a transaction broker, only, and that both parties have been advised to review this Lease with their own legal, accounting, and financial advisers, prior to signing it. Landlord shall be solely responsible for payment of any commission due Cassidy Turley Fuller Real Estate relative to this transaction and shall hold Tenant harmless therefrom. Landlord's obligations under this Article shall survive any termination of this Lease. 27. Additional Provisions The parties agree to the following: 27.1. "Explosive Magazine Storage Area" This area shall consist of a total of 43,560 sq. ft. Landlord shall pay for all items listed below as specified by Tenant, except the fence surrounding the Magazine Storage Area and the gravel and work for the 43,560 sq. ft. pad site. - 16 - The specifications for the Magazine Storage Area shall be as follows: • 8' chain link fence 80'x80'x80'x80' with 3 strands of barbed wire on top. • Two 10' swinging gates in the center of the south fence with a locking mechanism. • 12' access all-weather mad to the location from WCR 100 with adequate gravel. • 100'x100' Square all weather pad for placing magazines - . • Setbacks from the intersection of WCR 100 and WCR 29 are: • 1600' West of Intersection of WCR 100 and WCR 29 • 1600' North of the WCR 100 Residence locations existing are: • 2100' to the nearest residence at 13480 WCR 100, Nunn, CO • 2,650; to the second nearest residence at 13480 WCR 100, Nunn, CO • 1,700' to the third nearest residence at 48920 WCR 29, Nunn, CO 27.2 "Encroachment Clause - EMSA" - Landlord will guarantee that no structures to be relocated to, constructed or encroached within 1500' 360 degrees to the said location and Landlord further agrees to maintain a vacant 1500' - 360° radius around the Magazine to satisfy ATF explosive storage regulations during the term of this lease and any extension's to this lease (see 1.5 above) thereof, It is mutually understood that upon violation of the "Encroachment Clause — EMSA", Landlord agrees" to be financially responsible up to an amount not to exceed $25,000 USD for any and all damages, fines, costs and legal expenses including but not limited to the relocation and construction of a new ATF Approved Explosive Magazine Storage Area as determined by tenant. Further, Tenant shall have the option to terminate this lease immediately. (See Paragraph 1.5) 28. General Terms. 28.1 Landlord agrees to provide to Tenant, prior to commencement of this Lease, any and all available environmental reports and/or studies identifying the current condition of the Leased Premises in order to permit the parties to establish a "base line" environmental status of said Leased Premises. Should such report be unavailable, Landlord agrees that Tenant may conduct a Phase I and/or Phase II environmental site assessment to establish said base line status. 28.2 Time is of the essence of this Lease. If any date for performance of any term, condition or provision hereof shall fall on a Saturday, Sunday or legal holiday, then the time of such performance shall be extended to the next business day. 28.3 Landlord agrees to sign "Landlord Lien Waiver". (See attached Exhibit "B"). - 17 - This Lease shall be governed by and construed in accordance with the laws of the State of Colorado. EXECUTED BY LANDLORD this I C. 1 day of BY: TITLE: L. 1 A 1, c Al 1'EST/WITNESS: r 2Q+) EXECUTED BT TENANT this 3 day of JLtLy, 2O(c BY: TITLE: ATTEST/WITNESS: _18_ Hello