HomeMy WebLinkAbout20121945.tiff eRecorded in Weld County,CO Doc Id:3554604
05/16/2008 09:16 A Receipt#:7358761
Page:1 of 1 Total Fee:$13.99
Steve Moreno, Clerk and Recorder
Fedlberg and Sons Dairy,LW
•
WARRANTY DEED
THIS DEED,Made on May 13,2008 between �e �
S&S Enterprise.LLC,a Colorado limited liability companye-t
511
of the County of Weld,State of Colorado,grantor(s),and
Podiberg and Sons Dairy,LLC,a Colorado limited liability company
whose legal address is 12699 WCR 66
Greeley,CO 80631
of the County of Weld,State of Colorado,grantee(s):
WITNESSETH,that the grantor(s),for and in consideration of the sum of Seventy Nine Thousand Nine
Hundred and 00/100 DOLLARS($78,900.00),the receipt and sufficiency of which are hereby acknowledged,
have granted,bargained,sold and conveyed,and by these presents do grant,bargain,seq convey and confirm
unto the grantee(s),their heirs and assigns forever,all the real property,together with Improvements,If any,
situate,lying and being in the County of Weld and State of Colorado described as follows:
Outlet 3,
Sierra Acres PUD PF-1089,
County of Weld,
Slate of Colorado.
as known by street end numbers as: TBD WCR 27,Greeley.CO 80631
TOGETHER with all and singular the heredifaments and appurtenances thereto belonging,or in anywise
appertaining and the reversion and reversions,remainder end remainders,rents,issues and profits thereof,and
all the estate,tight title,Interest,claim and demand whatsoever of the grantor(s),either in law or equity,of,in
and to the above bargained premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained end described,with the appurtenances,
unto the grantee(s),their heirs and assigns forever.And the grantor(s),for themselves,their heirs,and personal
representatives,do covenant,grant,bargain,and agree to end with the grantee(s),their heirs and assigns,that at
the time of the enseafing and delivery of these presents,they are well seized of the premises above conveyed,
had good,sure,perfect,absolute and Indefeasible estate of inheritance,in law,In fee simple and has good right,
fullpower and lawful authority to grant,bargain,sell and convey the same In manner and form as aforesaid,and
that the same ere free and dear from all former and other grants,bargains,sales liens,taxes,assessments,
encumbrances and restrictions of whatever kind or nature soever,except
for general taxes and assessments for the year 2008 and subsequent years;and subject to easements,
covenants,reservations,restrictions and rights of way of record.
The grantor(s)shall and wit-WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the grantee(s),their heirs and assigns,against all and every person or
persons lawfully claiming the whole of any pet thereof. Wherever used herein,the plural references shall be
construed to be singular references and singular references shall be construed to be plural references where the
context requires and all references of gender and person shall be construed to refer to the grantor or grantors
identified herein regardless of the context.
IN WITNESS WHEREOF,the grantor(s)have executed this deed on the date set forth above.
S&S Enterprise,LLC,a loradoo llliiimnii
liability ram ny
B r�
6y::Sarin
Sarin Sch anager
STATE OF COLORADO I SS.
)
COUNTY OF WELD
The foregoing instrument was acknowledged before me this I.><h day of
cah0 g by Samuel J.Schell as manager of S&S Enterprise,LLC,a Colorado limited IOty company.
• Witness my hand and official seal.
Y••B•• My commission expires 081225/2010
33700-08-01863 CRS r�f:NOTAR) Nri:
c -- No:. Public
• ® : '
\\PUBLIC
Na 9atARw.10-97 warranty Deed(Far PhotogrepNt Fend)
NORTH AMERICAN TITLE COIPANY OF COLORADO
s2fcooTD]&T2 Rem 11/9/114
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Date: 04-04-2012 Our Order Number: FCC25107070
Property Address:
VACANT LAND GREELEY CO 80631
AG PROFESSIONALS LLC
4350 STATE HIGHWAY 66
LONGMONT,CO 80504
Ann: TIM NAYLOR
Phone: 970-535-9318
Fax: 970-535-9854
Copies: 1
EMail:TNAYLOR@AGPROS.COM
Sent Via EMail
If you have any inquiries or require further assistance, please contact Final Policy Department
Phone: 970-282-3649 Fax: 970-282-3652
Form DELIVERY.LP
LTG Policy No. LTAQ25107070
Form PIB/ORT
PROPERTY INFORMATION BINDER
Our Order No. FCC25107070 Liability: $50,000.00
Fee: $500.00
Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions
and Stipulations hereto annexed and made a part of this Binder,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
a Corporation, herein called the Company,
GUARANTEES
AG PROFESSIONALS LLC
herein called the Assured, against loss, not exceeding the liability amount stated above,which the assured
shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that,
according to the public records as of March 22, 2012 at 5:00 P.M.
1.Title to said estate or interest at the date hereof is vested in:
PODTBURG AND SONS DAIRY, LLC, A COLORADO LIMITED LIABILITY COMPANY
2.The estate or interest in the land hereinafter described or referred to covered by this Binder is:
A Fee Simple
Land Title Guarantee Company
Representing Old Republic National Tide Insurance Company
LTG Policy No. LTAQ25107070
Form PIB/ORT
Our Order No. FCC25107070
3.The land referred to in this Binder is situated in the State of Colorado, County of WELD
described as follows:
OUTLOT 3, SIERRA ACRES PLANNED UNIT DEVELOPMENT PF-1089, COUNTY OF WELD, STATE
OF COLORADO.
EXCEPT THAT PORTION AS SET FORTH IN DEED OF DEDICATION RECORDED NOVEMBER 3,
2008 AT RECEPTION NO. 3587875
4.The following documents affect the land:
NOTE:THE COMMITMENT DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS
OR REPRESENTATION OF SAID RIGHTS.
NOTE: THIS COMMITMENT IS NOT A REPORT OR REPRESENTATION AS TO MINERAL
INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE
NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103.
NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE
REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER
AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST
OF$125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE
ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE
EFFECTIVE DATE OF THE PREVIOUS BINDER.
1. EXISTING LEASES AND TENANCIES, IF ANY.
2. ALL RIGHTS TO ANY AND ALL MINERALS, ORES, AND METALS OF EVERY KIND AND
CHARACTER AND ALL COAL, ASPHALTUM, OIL AND OTHER LIKE SUBSTANCES IN OR
Land Title Guarantee Company
1 • Representing Old Republic National Title Insurance Company
LTG Policy No. LTAQ25107070
Form PIB/ORT
Our Order No. FCC25107070
4.The following documents affect the land: (continued)
UNDER SAID LAND AND THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF
MINING TOGETHER WITH ENOUGH OF THE SURFACE OF SAME AS MAY BE NECESSARY FOR
THE PROPER AND CONVENIENT WORKING OF SUCH MINERALS AND SUBSTANCES AS
RESERVED IN PATENT RECORDED SEPTEMBER 19, 1883 IN BOOK 36 AT PAGE 393.
3. RIGHT OF WAY EASEMENT FOR IRRIGATION DITCH, RESERVED BY JACOB FRITZLER AND
ELIZABETH FRITZLER, BY INSTRUMENT RECORDED JANUARY 02, 1959 IN BOOK 1521,
AT PAGE 309.
4. OIL AND GAS LEASE BETWEEN ERNEST W.TIGGES AND STELLA M. TIGGES AND ROY G.
MILLER, RECORDED JANUARY 26, 1978 UNDER RECEPTION NO. 1742722 AND ANY AND
ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
NOET: EXTENSION OF OIL AND GAS LEASE RECORDED DECEMBER 1, 1982 AT
RECEPTION NO. 1910182 AND AFFIDAVIT OF PRODUCTION RECORDED JULY 14, 1983
AT RECEPTION NO. 1933563.
5. EASEMENT GRANTED TO ASSOCIATED NATURAL GAS, INC., FOR PIPELINE FOR
TRANSPERTATION OF OIL, GAS, PETROLEUM AND OTHER SUBSTANCES, AND INCIDENTAL
PURPOSES, BY INSTRUMENT RECORDED OCTOBER 25, 1983, UNDER RECEPTION NO.
1944713.
6. EASEMENT GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, FOR OVERHEAD
AND/OR UNDERGROUND ELECTRIC LINE, AND INCIDENTAL PURPOSES, BY INSTRUMENT
RECORDED JUNE 13, 1990, UNDER RECEPTION NO. 2216806.
7. RESERVATION OF ROYALTIES FROM OIL AND GAS MINERALS ON PROPERTY AS SET FORTH
IN DEED RECORDED DECEMBER 28, 2000 AT RECEPTION NO. 2815857.
8. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE RECORDED PLAT OF RECORDED EXEMPTION NO. 0805-19-1-RE-3006 RECORDED MAY
7, 2001 AT RECEPTION NO. 2846510 AND AMENDED RECORDED EXEMPTION NO.
0805-19-1-AMRE-2006 RECORDED OCTOBER 29, 2004 AT RECEPTION NO. 3231577.
9. REQUEST FOR NOTIFICATION RECORDED APRIL 1, 2002 AT RECEPTION NO. 2938305.
10. EASEMENTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE REZONING
PLAT VICINITY AND LAND USE MAP FOR SIERRA ACRES P.U.D. PZ-1089 RECORDED
FEBRUARY 16, 2006 AT RECEPTION NO. 3363705.
LTG Policy No. LTAQ25107070
Form PIB/ORT
Our Order No. FCC25107070
4.The following documents affect the land: (continued)
11. TERMS, CONDITIONS AND PROVISIONS OF CROSSING AGREEMENT RECORDED MAY 19,
2006 AT RECEPTION NO. 3389348 AND JUNE 2, 2006 AT RECEPTION NO. 3393254.
12. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW,
AS CONTAINED IN INSTRUMENT RECORDED JUNE 02, 2006, UNDER RECEPTION NO.
3393253.
13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF SIERRA ACRES PLANNED UNIT DEVELOPMENT PF-1089 RECORDED JULY
12, 2006 UNDER RECEPTION NO. 3402499. AFFIDAVIT OF CORRECTION RECORDED
JULY 21, 2006 UNDER RECEPTION NO. 3404842.
14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 09, 2008 AT
RECEPTION NO. 3583450.
15. DEED OF TRUST DATED MARCH 09, 2007, FROM S&S ENTERPRISE A COLORADO LIMITED
LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF NEW
FRONTIER BANK TO SECURE THE SUM OF$731,340.60 RECORDED MARCH 20, 2007,
UNDER RECEPTION NO. 3463037.
SAID DEED OF TRUST WAS ASSIGNED TO 2010-1 RADC/CADC VENTURE LLC IN
ASSIGNMENT RECORDED OCTOBER 26, 2010, UNDER RECEPTION NO. 3727803.
16. DEED OF TRUST DATED JUNE 30, 2008, FROM PODTBURG AND SONS DAIRY, LLC, A
COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF WELD COUNTY
FOR THE USE OF NEW FRONTIER BANK TO SECURE THE SUM OF$64,000.00 RECORDED
JULY 08, 2008, UNDER RECEPTION NO. 3565015.
MODIFICATION RECORDED MAY 12, 2010 AT RECEPTION NO. 3692864
AND SUBORDINATION AGREEMENT RECORDED MAY 11, 2010 AT RECEPTION NO. 3692370
SAID DEED OF TRUST WAS ASSIGNED TO FIRST AMHERST FINANCIAL PARTNERS LLC IN
ASSIGNMENT RECORDED MARCH 03, 2010, UNDER RECEPTION NO. 3678904.
Property Information Binder
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this Binder mean:
(a) "Land":The land described,specifically or by reference,in this Binder and improvements affixed thereto which by law constitute
real property:
(b) "Public Records";those records which impart constructive notice of matters relating to said land;
(c) "Date":the effective dale;
(d)"the Assured":the party or parties named as the Assured in this Binder,or in a supplemental writing executed by the Company;
(e) "the Company"means Old Republic National Title Insurance Company,a Minnesota stock company.
2. Exclusions from Coverage of this Binder
The company assumes no liability including cost of defense by reason of the following:
(a)Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the Public Records:taxes and assessments not yet due or payable and special assessments not yet certified
to the Treasurer's office.
(b)Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or
title to water.
(c)Title to any property beyond the lines of the Land,or title to streets,roads,avenues,lanes,ways or waterways on which
such land abuts,or the right to maintain therein vaults,tunnels,ramps,or any other structure or improvement;or any
rights or easements therein unless such property,rights or easements are expressly and specifically set forth in said description.
(d)Mechanic's lien(s),Judgment(s)or other lien(s).
(e)Defects,liens,encumbrances,adverse claims or other matters:(a)created,suffered or agreed to by the Assured;
(b)not known to the Company,not recorded in the Public Records as of the Date,but known to the Assured as of
the Date;or(c)attaching or creating subsequent to the Date.
3.Prosecution of Actions
(a)The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which
in its opinion may be necessary or desirable to establish or confum the matters herein assured;and the Company may take any
appropriate action under the terms of this Binder,whether or not it shall be liable thereunder and shall not thereby concede liability or
waive any provision hereof.
(b)In all cases where the Company does not institute and prosecute any action or proceeding,the Assured shall permit the Company
to use,at its option,the name of the Assured for this purpose.Whenever requested by the Company,the Assured shall give the
Company all reasonable aid in prosecuting such action or proceeding,and the Company shall reimburse the Assured for
any expense so incurred.
4. Notice of Loss-Limitation of Action
A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be
furnished to the Company within sixty days after such loss or damage shall have been determined,and no right of action shall accrue
to the Assured under this Binder until thirty days after such statement shall have been furnished,and no recovery shall be had by the
Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period.
Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified,shall be conclusive
bar against maintenance by the Assured of any action under this Binder.
5. Option to Pay, Settle or Compromise Claims
The Company shall have the option to pay,settle or compromise for or in the name of the Assured any claim which
could result in loss to the Assured within the coverage of thisBinder,or to pay the full amount of this Binder. Such
payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder.
Copyright 2006-2011 American land Title Association.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association.
PI&0RT Cover Page 1 of 2
6. Limitation of Liability- Payment of Loss
(a)The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because
of reliance upon the assurances herein set forth,but in no event shall the Iiabiity exceed the amount of the liability
stated on the face page hereof.
(b)The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured,and all costs
and attorneys fees in litigation carried on by the Assured with the written authorization of the Company.
(c)No claim for loss or damages shall arise or be maintainable under this Binder(1)if the Company after having received notice of
any alleged defect,lien or encumbrance not shown as an Exception or excluded herein removes such defect,lien or encumbrance
within a reasonable time after receipt of such notice,or(2)for liability voluntarily assumed by the Assured in settling any claim
or suit without written consent of the Company.
(d)All payments under this Binder,except for attorney's fees as provided for in paragraph 6(b)thereof,shall reduce the amount
of the liability hereunder pro tanto,and no payment shall be made without producing this Binder or an acceptable copy thereof
for endorsement of the payment unless the Binder be lost or destroyed,in which case proof of the loss or destruction shall be
furnished to the satisfaction of the Company.
(e)When liability has been definitely fixed in accordance with the conditions of this Binder,the loss or damage shall be payable
within thirty days thereafter.
7.Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this Binder,all right of subrogation shall vest in the Company unaffected by
any act of the Assured,and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had
against any person or property in respect to the claim had this Binder not been issued.If the payment does not cover the loss
of the Assured,the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to
the amount of said loss.The Assured,if requested by the Company,shall transfer to the Company all rights and remedies against
any person or proprty necesary in order to perfect the right of subrogation,and shall permit the Company to use the name of the Assured
in any transaction or litigation involving the rights or remedies.
8. Binder Entire Contract
Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter
hereof must be based on the provisions of this Binder.No provision or condition of this Binder can be waived or changed except by a
writing endorsed or attached hereto signed by the President,a Vice President,the Secretary,an Assistant Secretary or other
validating officer of the Company.
9. Notices. Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at 400 Second Avenue South,Minneapolis,Minnesota 55401, (612)371-1111.
10.Arbitration
Unless prohibited by applicable law,either the Company or the insured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association.
ANTI-FRAUD STATEMENT:Pursuant to CRS 10-1-128(6)(a),it is unlawful to knowingly provide false,incomplete,or misleading facts
or information to an insurance company for the purpose of defrauding or attempting to defraud the company.Penalties may include
imprisonment,fines,denial of insurance and civil damages.Any insurance company or agent of an insurance company who knowingly
provides false,incomplete,or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to
defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the
Colorado division of insurance within the department of regulatory agencies.
This anti-fraud statement is affixed and made a part of this policy.issued through the Office of:
\ F •
LAND TRIE GUARANTEE COMPANY :ti4OY ♦ * W8':
772 WHALERS WAY 4100 ; v r ° • Mark&lhrey
FORT COWNS,C0 80525 :u * ( * z. President
970-282-3649 = i m
dam ^ * 4.1
• ozp•
, C �Nd Ride Yeager
Secretary
hue
PIB.0RT Cover Page 2 of 2 ..
LAND TITLE GUARANTEE COMPANY
INVOICE
Land Title
NARAN1!r COMPANY
„ca co. Customer Reference No.
Record Owner: PODTBURG AND SONS DAIRY, LLC, A COLORADO LIMITED LIABILITY
COMPANY
Property Address: VACANT LAND GREELEY CO 80631
When referring to this order, please reference our Order No. FCC25107070
Date: April 04, 2012
- CHARGES -
Property Information Binder $500.00
--Total-- S500.00
Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not
received within 30 days of that date, the Guarantee and all coverages thereunder shall be cancelled.
Please make checks payable to:
LAND TITLE GUARANTEE COMPANY
772 WHALERS WAY#100
FORT COLLINS, CO 80525
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