HomeMy WebLinkAbout20120274.tiff 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
Lot B of Second Amended Recorded Exemption No. 0807-04-3-AMRE1452, recorded June 28,
1999 as Reception No. 2702921, being a part of the Southwest'/, of Section 4, Township 6
North, Range 67 West of the 6th P.M.,
EXCEPTING THEREFROM a strip of ground 20 feet wide running East 450 feet from the
Southwest corner of the Southwest 1/4 of Section 4, Township 6 North, Range 67 West of the 6th
P.M., as granted by Warranty Deed dated September 18, 1930, and recorded in Book 900 at
Page 309.
ALSO EXCEPTING THEREFROM a portion conveyed to The Department of Highways, State of
Colorado by Deed recorded July 22, 1966 in Book 571 as Reception No. 1493273.
County of Weld,
State of Colorado.
CONVEYANCES (If none appear, so state):
j Reception No. 1042632 1 Book 1235 Page 232 I
N. Reception No. 1658902 Book 737
• Reception No. 2328373 1 Book 1378
Reception No. 2565467 I Book 1622
*N' j Reception No. 2702921 I Book 1
LReception No. 2769626 Book
LReception No. 3222978 rok
' LReception No. 3703307 I 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 25th day of October, 2011, at 7:00 am.
Order No. H0322176 Heritage Title Company, In __—_
\ A Rs%
By:
Au ho ized Si nato
III
2012-0274
• Lot B of Second Amended Recorded Exemption No. 0807-04-3-AMRE1452, recorded June 28, 1999 as
Reception No. 2702921, being a part of the Southwest '/4 of Section 4, Township 6 North, Range 67
West of the 61h P.M.,
EXCEPTING THEREFROM a strip of ground 20 feet wide running East 450 feet from the Southwest
corner of the Southwest ' of Section 4,Township 6 North, Range 67 West of the 6" P.M., as granted by
Warranty Deed dated September 18, 1930, and recorded in Book 900 at Page 309.
ALSO EXCEPTING THEREFROM a portion conveyed to The Department of Highways, State of
Colorado by Deed recorded July 22, 1966 in Book 571 as Reception No. 1493273.
County of Weld,
State of Colorado.
•
•
legal rev.(010698)
r
e01pc1�'i'J r�i�2 � OCT 6 19480. 1 ,
2eC!r ipn 1,0,124;32 hra:
• WARRANTY DEED •
(Gift in Joint Tenancy)
KNOW ALL MEN BY THESE PRESENTS: That William A. Miller of the County
of Weld and State of Colorado, for and in consideration of natural love
and affection, does hereby convey to William A. Miller and Rose B. Miller,
hie wife, to pass to the said William A. Miller and Rose B. Miller, not in
tenancy in common but in joint tenancy, the survivor of them, their assigns
and the heirs and assigns of said survivor, the following real estate and
property, situate in the County of Weld and State of Colorado, to-wits
All that part of the Northwest Quarter (NW#) Section Four (4)
Township Six (6) North, Range Sixty-seven (67) West of the
sixth principal meridian, lying below the outlet ditch of the
Thompson Reservoir as the same is now constructed over and across
the said land, containing twelve (12) acres, more' or less, and the
Southwest Quarter (SW}) Section Four (4), Township Six (6) North,
Range Sixty-seven (67) West of the sixth principal meridian, ex-
cepting that portion thereof in the Northwest corner lying above
the nutlet ditch of the Thompson Reservoir containing twenty-four
(24) acres, more or less, together with two (2) shares of the
capital stock of the Larimer and Weld Irrigation Company, four (4)
shares of the capital stock of the Windsor Reservoir and Canal
• Company, one (1) share of the capital stock of Finley Lateral
Company, and two (2) shares of the capital stock of Challgren
Lateral Company, together with an allotment of water from the
Northern Colorado Water Conservancy District of seventy-five
acre feet in accordance with an allotment contract recorded in
book 1045 at page 54 of the Weld County records.
All that part of the Southwest Quarter (5W4) Section Four (4),
Township Six (6) North, Range Sixty-seven (67) West of the
sixth principal meridian, lying above the outlet ditch of the
Thompson Reservoir as the same is now constructed over, and across
said land, the Northwest Quarter (NW4) of said Section Four (4)
excepting therefrom 37} acres in the northeast corner thereof
now used and occupied by the Thompson Reservoir and also excepting
12 acres, more or less, in.the Southeast Quarter of the Northwest
Quarter (SEjNW4) of said Section Four (4) lying below the said
outlet ditch of said reservoir all in Section Four (4), Township
Six (6) North, Range Sixty-seven (67) West of the sixth principal
meridian together with Four (4) shares of the capital stock of the
Larimer and Weld Irrigation Company and four (4) shares of the
capttal stock in the Larimer and Weld Reservoir Company and one
(1) share of the capital stook in the Windsor Reservoir and Canal
Company, together with an allotment of water from the Northern
Colorado Water Conservancy District of seventy-five acre feet in
accordance with an allotment contract recorded in book 1044 at page
614 of the Weld County records.
with all its appurtenances and warrants the title to the same, subject,
however, to the following:
• 1. Rights of way for roads, ditches, telephone lines, power lines,
or other purposes as now located upon said premises.
oomc1235 MG(233
• 2 Future�aeesepaete •of tbe;Northern Cotorpdo-Water Cbneprvaney -`
D14triet. ...- -
3 Fxcepyions sod 7egervatfons eontaiYied inr�.nsttvaent� ;of rsoordy
Signed and:deiiverdd thle �� day, of • , A �1,, 1948 T21a•Q J'///� t •BC�L
STATE'or cothMnd . )
'COUNT.0F.HELD )
Zif
The foregoing inatr rent wee acknowledged before se thls:i// :day_of
�� u E .., a D ,--1948 by Yillian A M$11.r
(.t coaaission expire.: My:Commission expu2s Mai;lr i, t 'IT kJ:Eck.. -' Notary Fublic
S.
+r t i Vic' t
It[IIff?111111Pt1t. . . -
•
—2—
o BOOK ' f—
,y �ry > � M' 0.PR 94 9975
` >�' :'kecorded at�^1CCO pp(�Py 'clack
• ` `,h. RtlG N0.1p�yHJVERJ f -,
•'1-
WARRMiTY �-
1.
A WILLLA , A. MILLER :and:ROSE $ MZLI,ER, husband and wife,
whose address is 622 6th Street, Windsor, County of Weld, State of {
Colorado, for- the consideration-of
a
-rn - -Other valuable .consideration and.,Ten and-no/100 - - - DOLLARS '
00
in hand paid, hereby Sell: and convey :to 9
PINEDA AND,SQNS, INC. , a Colorado Corporation;
-' whose address is Rural Route, Windsor, County of Weld and State of
Colorado the followin real
. . .'., , g� property in.the County of WELD and
o M.
o State of Colorado; to-wit: - o-
0
k^ The West Half (1414) of Section Four- (4), Township Six (6) North,
Range Sixty-seven (67) West of the Sixth Principal:Meridian,
*4 excepting 35.58 acres, more or-less in the Northeast Cotner a'
a used and occupied by the Thomson Reservoir as granted by. .
warranty deed dated January 12, 1906, and recorded in Book . � .
'235 at page 301, Weld County�Records and described ae follows:
Beginning at the quarter corner on theNorth side of Section. .
Four (4) , Township Six (6) North, Range S.ixty—seven (67) West,
thence by true bearings Variation 14°30' East; -South 1°30'
East 1090 feet along center line of Section Four (4);' thence
South 69°30' West 673 feet; thence North 73°00' 'West 490 feet;
thence North 30010' West 288 feet; thence- North .8°00' West
543 feet; thence North 20010' West 403 feet• td-section-line;thence North 89°20' East 1430 feet along north line of said.
Section Four (4) to point of beginning, and also excepting a
strip of. ground 20 feet wide running East 450 feet from the
southwest corner of the Southwest Quarter (swg). Of Section
Four (4), Township Six (6) North, Range Sixty-seven '(67) West
of the Sixth Principal Meridian as granted-by warranty:deed
dated September 18, 1930, and recorded in Book 900-at page
309, Weld County Records; and also excepting .32-.ofan-acre
conveyed to the Department of Highways of Colorado_by- special
warranty deed dated May 13, 1966, and recorded. in Rook 57-i,
under Reception No.1493273 of the Weld County Records; and
excepting and reserving to the grantors herein all rights
of reverter and reversion under mineral deed recorded in
Book 1366, page 424 of the Weld County Records, tdgether
with four (4) shares of The Larimer and Weld Irrigetion
Company; four (4) shares of The Larimer and Weld-Reservoir
Company; five (5) shares of The Windsor Reservoir-and -CanalCompany, an allotment ofd 150 units of Northern Colorado Water
ht Conservancy District under. allotment contracts recorded in
JSOff. Book 1045 at page 54 and in Book 1044 at page 614 of the
Weld County Records, two (2) shares of Challgren Lateral
( Company, one (1) share of Finley Lateral Company and three
taps to North Weld County Water District, -
with all its appurtenances and warrant the title to the same, sub-
ject to amortization mortgage to the Federal Land Bank of Wichita,
recorded in Book 1627, page 260 of the Weld County Records, which
•
Slate Documentary Fee
Dam APR 2 4_19Z5___•
r ' 16589®,2
• 73`7. . .
grantee assumes and agrees to pay; rightrof=Way for water way out-
let of reservoirs granted by.deeds recorded iii book 155,, page 64
and Book 235, page 301 of the Weld County Records; rights-of-way
for public highway: granted by instruments recorded in Book 1067,
page 54 and Book 1066, .page 452 of-the Weld County-Records; -to
reservations contained in United States Patents recorded in Book
51, page 66 and Book 51, page 298 of the Weld County Records;
to inclusion within the West Greeley Soil Conservation District,
the Northern Colorado Water Conservancy District, the NprthWeld
County Water District, and the Windsor-Severance Fire Protection
District; to previous reservation of one—half of all oii, gas and
other minerals by deed recorded in Book 1366, page 424 of the
Weld County Records, and subject to previous reservation of
minerals in deed recorded in Book 1392, page 619 of the Weld
County Records and Book 1367, page 395 of the Veld County Records.
Signed this 1st day of Beeeiebay S , A.D. 197,4.
•
i liam A. Mille
M'1 L7x„.
Rose ille
Husband and Wife '
STATE OF COLORADO )
) ss.
COUN'P�YY;tW WELD - )
Q, r?WB•e oin instrument was acknowledged before me this
4LaTA 8veg gg 5-
i4, 494.- g
R y of , 1974-, by WILLIAM A. MTTJER and ROSE D.
4 " husband and wife.
!P 8Wi'ttness my hand and official seal.
My commission expires My Commission explms Jan R ,car
't riS4 _. • .SN._.ti•-
Notary Public
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I 11111111111 IIIIIIII11111!III!III
2769626 06122/2000 10:47A JA Sold Tsui®mot°
1 of 2 R 10.00 D 75.60 Weld County CO
6ae WARRANTY DEED
THIS DEED, Made this 15th day of May, 2000 between
Pineda & Sons, Inc., a Colorado Corporation
a corporation duly organized and existing under and by virtue of the laws of the State
of COLORADO, grantor, and Bret Larimer, Ltd., a Colorado Corporation
a corporation duly organized and existing under and by virtue of the laws of the State
of COLORADO, grantee, whose legal address is 1600 West Horsetooth Road, Fort Collins, CO
WITNESSETR, That the grantor, for and in consideration of the sum of SEVEN HUNDNED50
FIFTY FIVE THOUSAND AND 00/100, ($755,000.00) Dollars, the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm, unto the grantee, its
successors and assigns forever, all the real property together with improvements, if
any, situate,lying and being in the County of Wald and State of Colorado, described
as follows:
51 SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as Windsor, Colorado 80550
TOGETHER, with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of in
and to the above bargained premises, with the hereditament° and appurtenances.
TO RAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, its successors and assigns forever. And the grantor,
for itself, its successors and assigns, does covenant, grant, bargain, and agree to
and with the grantee, its successors and assigns, that at the time of the animating
and delivery of these presents, it is well seized of the premises above conveyed, has
good, cure, perfect, absolute and indefeasible estate of inheritance, in law, in fee
simple, and has good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments,
incumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2000 and subsequent years: except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
•
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantee, its successors and assigns,
against all and every person or persons lawfully claiming or to claim the whole or any
part thereof.
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto
subscribed by its president, and its corporate seal to be hereunto affixed, attested
by its secretary, the day and year first above written.
Attest:
,•"F.�.. .... Pineda & Sons, Inc., a Colorado
r.• G Corporation
;,1 c
Co‘!.
o OI.-
r9 V
1 r- A/ = Antonio Pineda, President
a s \ t '3',..
S TE'Of"C 51,68A0 }
..,"oss ww"'•a' } es. The foregoing instrument was acknowledged before
County of Weld ) me this 15th day of May, 2000, by
Antonio Pineda as President of Pineda & Sons, Inc., a Colorado Corporation
My commission expires Nociaber 15, 2001 _" /�
Witness my hand and official seal.
-4aA!..oak, NOTARY PUBLIC
1295 Main St.
/
No. 17 R �j Windsor, COLORADO 80550
LimnE�.11.,
BLOCH ca:
Nt leaf
11y.OF,CO`�e
•
1111111111111111111111111111111111111111111111111
2769626 05122/2000 10:47A JA Suk'Teukamolo
• 2 of 2 P 10.00 C 75.50 Weld County CO
"EXHIBIT A"
LEGAL DESCRIPTION
Lot B of Second Amended Recorded Exemption No. 0807-04-3-AMRE1452,
recorded June 28, 1999 as Reception No. 2702921, being a part of the
SW1/4 of Section 4, Township 6 North, Range 67 West of the 6th P.M. ,
County of Weld, State of Colorado.
EXCEPTING THEREFROM a strip of ground 20 feet wide running East 450
feet from the Southwest corner of the SW1/4 of Section 4, Township 6
North, Range 67 West of the 6th P.M., as granted by Warranty Deed dated
September 18, 1930, and recorded in Book 900 at Page 309.
ALSO EXCEPTING THEREFROM a portion conveyed to The Department of
Highways, State of Colorado by Deed recorded July 22, 1966 in Book 571
as Reception No. 1493273.
TOGETHER WITH 30 Units of the Waters from the Northern Colorado Water Conservancy
District
TOGETHER WITH One (1) share of the capital stock of The Windsor Reservoir and Canal
Company
TOGETHER WITH One (1) share of the capital stock of The Larimer 4 Weld Irrigation
Company
• TOGETHER WITH One (1) share of the capital stock of The Larimer 6 Weld Reservoir
Company
TOGETHER WITH Three (3) shares of the capital stock of The Lake Lee Lateral Company
•
111111 11111111 111111111 I I I 11111111 III 11111 I I I I I I I I
3222878 09128/2004 03:30P Weld County,CO
• 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk 8 Recorder
978 _- QUIT CLAIM DICED --
I II LS oil•-U. Mode llli.' 27th ,lay„I September, 2004.
Iwn.e,n
Bret Latimer LTD, A Colorado Corporation
nl On t o nit y of Lariller mod Stag'al Colorado
ul lL•trod leas moil
WIFO, LLC, A Colorado Limited Liability Ccmpeny San 9,-/loG
whome Icgd nddiens is 1600 W Florsetooth Road, Fort Collins, OD 80626
id de timid y err Latimer nod stale of Colorado .of the second pal:
CPI INICS.Sl III."Clint the said psi iv al Ow hint pal loot and iconsde,nliav III the ulm of '1TN AND N0/100
ho the sand party of the hill pan in hand paid Cry the said inrlit,or the second tenrl,Ile receipt whereof is Leahy emerrxeed nod
acknowledged. has tdp,ised, released, sold, nod QUI I- CI AIMNO, nail toy hear mentors trout remise, leleaxe, seil, and
0t11 T CLAIM 111111,Ila said panics of the saves!pan,ant in mammy in ssm moon bad in joint leniency.the•orvivor of Iliun,
assigns mod the locus and assigns of sot li sin elven Amery, all Ida right, lithe, imnesl, chain, and Armond which
the said pmy of the hest pan loan in and m @r following dcs,:rihcd hills)or remelts)of laud,situate, lying and being in the
aultl:Y oL Weld .and Sum of C,donda.to wit
Lot B of Second Amended Recorded Exemption No.0807-D4-3AMRE1452,recorded June 28,1999 as Reception
No.2702921,being a part of the Southwest%of Section 4,Township 6 North,Range 67 West of the 60 P.M.,
EXCEPTION THEREFROM a strip of ground 20 feet wide running East 450 feet hum the Southwest corner of the
Southwest 4.of Section 4,Township 6 North Range 67 West of the 6w P.M.,as granted by Warranty Deed dated
September 18,1930,and recorded In Book 900 at Page 309.
• ALSO EXCEP1INC THEREFROM a portion conveyed to The Department of Highways,State of Colorado by Deed
recorded July22,1966 In Book 571 as Reception No.1493273.
County of Weld,
State of Colorado.
3D shares of the Big Thompson Water Project
aL It known by sheet and mitotic,as TBD, Windsor, CO
CIA Vii ANC/1 U 1101,11 the moue.Ingdhci wilk all and singeolai the Nome Imancea and privileges Iherennln lelnnging,o,
m anywise Iliefumlo xppnleining,and all the estate,tight,lisle,Mims',and claim whatsoever.of the said patty of the first part,
eilLm,iu law us equity,unto said pm ties of the scored pad.ILe movivor of ILen,their assigns.and the hells noel sxsig of such
on seem loan ,
'the singnlne n nrelPei.droll ioclule Ow Jolla al,the',tonal the sioguIa,and the use of any gender shall lie nlylinhle in all genders
.111 W(I NILSS W I IICN4t1F.the said pally of iiic In sl pail has hot omen set his land and seal the day said year hest;donee wrillar.
Signed Scaled and Unliva cal in
Q�1 c).,,
Bret Latimer LTD,
coRpORKTE A Colorado Corporation
SEALLL� I
Br , President
s"1 Al-h of Colorado
)xx
CIE/NIY 01' Jarimer
the hocgoing ioshricol teas acknowledged Iodine mythic 27th day of September, 2004 .'7
Bret Latimer as President of Bret Lax-inter LTD, A Colorado Corporation,
My c,aaiiiss in each a 6/28/05 will ,ayjn, Inn ifr:inl sl OTARy'? �_
• Notary 1'nl tpj, •
S C
N, cif
—.
rye,
eRecorded in Weld County,CO Doc Id:3703307
07/02/2010 09:00 A
Page:1 of 1 Total Fee:511.00
Steve Moreno, Clerk and Recorder
•
CONFIRMATION DEED
(CRS§38.38-502)
Public Trustee's Foreclosure Sale No.09-2623
THIS DEED is made July 1,2010 between Susie Velasquez as the Public Trustee in and for the County of Weld,State
of Colorado,grantor and Capital West National Bank,grantee,the holder of the certificate of purchase whose legal address is
2108 Milestone Drive,Fort Collins.CO 80525
WHEREAS,the Grantor(s)described below did convey to the public trustee,in trust,the property hereinafter described
to secure the payment of the indebtness provided in said deed of trust
Onginal Grantor(s) WIPO,LLC,A Colorado Limited Liability Company
Onginal Beneficiary(ies) Capital West National Bank
Current Holder of Evidence of Debt Capital West National Bank
Date of Deed of Trust March 28,2007
County of Recording Weld
Recording Date of Deed of Trust April 04,2007
Recording Information(Reception and/or Book&Page) 3466726
WHEREAS,a violation was made in certain of the terms and covenants of said deed of trust as shown by the notice of
election and demand for sale filed with the Public Trustee',the said property was advertised for public sale at the place and in
the manner provided by law and by said deed of trust,combined notice of sale and right to cure and redeem was given as
required by law,said property was sold according to said combined notice,and a certificate of purchase thereof was made
and recorded in the office of said county Clerk end Recorder,and
WHEREAS,all periods of redemption have expired
NOW,THEREFORE,the Public Trustee,pursuant to the power and authority vested by law and by the said deed of
trust,confutes the foreclosure sale and sells and conveys to grantee the following described property located in the County of
Weld,State of Colorado,to wit.
Lot B,of Second Amended Recoreded Exemption No 0807-04-3.AMRE1452,recorded June 28,1999 as Reception
No 2702921,beine a part of the SW I/4 of Section 4,Township 6 North.Ranee 67 West of the 6th PM,County of
Weld,State of Colorado
• Excepting therefrom a strip of ground 20 feet wide running East 450 feet from the Southwest Corner of the SW 1/4 of
Section 4,Township 6 North,Range 67 West of the 6th P.M,as granted by Warranty Deed dated September 18,
1930,and recorded in Book 900 at Page 309
Also excepting therefoom a prntion coveyed to the Department of Highways,State of Colorado by Deed recoreded
July 22,1966 in Book 571 as Reception No 1493273
Also known by street and number as: ,CO 80550
To have and to hold the same,.with all appurtenances,forever
Executed on July(11,2010
Public Trustee in and for the County of Weld,State of Colorado ...%pp�wy'"•.
W v
\ 1 Susle Ve lasquez
By: Susie Velasquez,Public mstee Public Trustee
When Recorded Return to. Weld County Public Trustee
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DEED OF TRUST
(With Future Advance Clause)
DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is March 28, 2007. The parties and
their addresses are:
GRANTOR:
WIPO, LLC
A Colorado Limited Liability Company
3908 Westfield Court
Fort Collins, Colorado 80528
TRUSTEE: LA.)e,PUBLIC TRUSTEE OF}AR{MiR-COUNTY, COLORADO
LENDER:
CAPITAL WEST NATIONAL BANK
Organized and existing under the laws of the United States of America
• 2108 Milestone Drive
Fort Collins, Colorado 80525
1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged,
and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably
grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following
described property:
LOT B,
OF SECOND AMENDED RECOREDED EXEMPTION NO. 0807-04-3AMRE1452,
RECORDED JUNE 28, 1999 AS RECEPTION NO. 2702921, BEING A PART OF THE SW1/4 OF SECTION 4,
TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO,
EXCEPTING THEREFROM A STRIP OF GROUND 20 FEET WIDE RUNNING EAST 450 FEET FROM THE
SOUTHWEST CORNER OF THE SW1/4 OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH
P.M., AS GRANTED BY WARRANTY DEED DATED SEPTEMBER 18, 1930, AND RECORDED IN BOOK 900 AT
PAGE 309.
ALSO EXCEPTING THEREFORM A PROTION COVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF
COLORADO BY DEED RECOREDED JULY 22, 1966 IN BOOK 571 AS RECEPTION NO. 1493273.
ADDITIONAL COLLATERAL:
30 acre feet units Colorado Big Thompson Project Water.
•
weld
• The property is located in 6erirwer CountyeetRaw Land,1,Colorad•
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Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber,
all diversion payments or third party payments made to crop producers, all water and riparian rights, wells,
ditches, reservoirs and water stock and all existing and future improvements, structures, fixtures, and
replacements that may now, or at any time in the future, be part of the real estate described (all referred to as
Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements
have been terminated in writing by Lender.
2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at arty one
time will not exceed $893,972.00. This limitation of amount does not include interest and other fees and
charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances
made under the terms of this Security Instrument to protect Lender's security and to perform any of the
covenants contained in this Security Instrument,
3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the
following:
A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
replacements. A promissory note or other agreement, No. 19503, dated March 28, 2007, from Grantor to
Lender, with a loan amount of $893,972.00 and maturing on March 28, 2008. One or more of the debts
secured by this Security Instrument contains a future advance provision.
B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security
Instrument.
4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in
accordance with the terms of the Secured Debts and this Security Instrument.
• 5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by
this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust,
with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of
record.
8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or
other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Grantor receives from the holder.
C. Not to allow any modification or extension of, nor to request any future advances under any note or
agreement secured by the lien document without Lender's prior written consent.
7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments,
ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to
provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's
payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security
Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor
may have against parties who supply labor or materials to maintain or improve the Property.
8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured
Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien,
encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed
by federal law (12 C.F.R. 591), as applicable.
9, TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person (such as
a corporation or other organization), Lender may demand immediate payment if:
• A. A beneficial interest in Grantor is sold or transferred.
B. There is a change in either the identity or number of members of a partnership or similar entity.
C. There is a change in ownership of more then 25 percent of the voting stock of a corporation or similar
entity.
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However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of
this Security Instrument.
10. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender the following warranties and
representations which will continue as long as this Security Instrument is in effect:
A. Power. Grantor is duly organized, and validly existing and in good standing in all jurisdictions in which
Grantor operates. Grantor has the power and authority to enter into this transaction and to carry on
Grantor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each
jurisdiction in which Grantor operates.
B. Authority. The execution, delivery and performance of this Security Instrument and the obligation
evidenced by this Security Instrument are within Grantor's powers, have been duly authorized, have received
all necessary governmental approval, will not violate any provision of law, or order of court or governmental
agency, and will not violate any agreement to which Grantor is a party or to which Grantor is or any of
Grantor's property is subject.
C. Name and Place of Business. Other than previously disclosed in writing to Lender, Grantor has not
changed Grantor's name or principal place of business within the last 10 years and has not used any other
trade or fictitious name. Without Lender's prior written consent, Grantor does not and will not use any other
name and will preserve Grantor's existing name, trade names end franchises.
11. PROPERTY CONDITION. ALTERATIONS AND INSPECTION. Grantor will keep the Property in good
condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste,
impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses.
Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior
written consent. Grantor will not permit any change in any license, restrictive covenant or easement without
• Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions
against Grantor, and of any loss or damage to the Property.
No portion of the Property will be removed, demolished or materially altered without Lender's prior written
consent except that Grantor has the right to remove items of personal property comprising a part of the
Property that become worn or obsolete, provided that such personal property is replaced with other personal
property at least equal in value to the replaced personal property, free from any title retention device, security
agreement or other encumbrance. Such replacement of personal property will be deemed subject to the
security interest created by this Security Instrument. Grantor will not partition or subdivide the Property
without Lender's prior written consent.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of
inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying e
reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and
Grantor will in no way rely on Lender's inspection.
12. AUTHORITY TO PERFORM, If Grantor fails to perform any duty or any of the covenants contained in this
Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints
Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right
to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude
Lender from exercising any of Lender's other rights under the law or this Security Instrument. if any
construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps
necessary to protect Lender's security interest in the Property, including completion of the construction.
13. DEFAULT. Grantor will be in default if any of the following occur:
A. Payments. Grantor fails to make a payment in full when due.
B. insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on
• behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of,
the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any
present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by
WIPO.1.LC
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• or against Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or
any other obligations Borrower has with Lender.
C. Bwimes Termination. Grantor merges, dissolves, reorganizes, ends its business or existence, or a partner
or majority owner dies or is declared legally incompetent.
D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this
Security Instrument.
E. Other Documents. A default occurs under the terms of any other document relating to the Secured
Debts.
F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender.
G. Misrepresentation, Grantor makes any verbal or written statement or provides any financial information
that is untrue, inaccurate, or conceals a material fact at the time it is made or provided.
H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor,
I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal
authority.
J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender
before making such a change.
K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This
condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained In the
DUE ON SALE section.
L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired.
M. Material Change. Without first notifying Lender, there is a material change in Grantor's business,
• including ownership, management, and financial conditions.
N. Insecurity. Lender determines in good faith that a material adverse change has occurred in Grantor's
financial condition from the conditions set forth in Grantor's most recent financial statement before the date
of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired
for any reason.
14. REMEDIES. On or after default, Lender may use any and all remedies Lander has under state or federal law
or in any document relating to the Secured Debts, including, without limitation, the power to sell the Property or
foreclose on installments without acceleration. Any amounts advanced on Grantor's behalf will be immediately
due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all
insurance benefits or refunds that may be available on Grantor's default,
Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal
and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts
immediately due and foreclose this Security instrument in a manner provided by law upon the occurrence of
Grantor's default or anytime thereafter.
If there is a de€ault, Trustee will, in addition to any other permitted remedy, at the request of the Lender,
advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash.
Trustee will give notice of sale including the time, terms and place of sale and a description of the Property to
be sold as required by the applicable law in effect at the time of the proposed sale.
Upon the sale of the Property, to the extent not prohibited by law, and at such time purchaser is legally entitled
to it, Trustee shall make and deliver a deed to the Property sold which conveys title to the purchaser, and after
first paying all fees, charges and costs, shall pay to Lender all monies advanced for repairs, taxes, insurance
liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured
Debt, paying the surplus, if any, to persons legally entitled to it. Lender may purchase the Property. The
recitals in any deed of conveyance shall be prime facie evidence of the facts sat forth therein.
• All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law
or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial
payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are
filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By
WIPO.LLC
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• not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it
continues or happens again.
15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies
under this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay
expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property
from this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs and other
legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will
bear interest from the data of payment until paid in full at the highest interest rate in effect as provided for in
the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code,
Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests
in connection with any bankruptcy proceedings initiated by or against Grantor.
18. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental
Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA, 42 U.S.C. 9801 et seq.), all other federal, state and local laws, regulations, ordinances, court orders,
attorney general opinions or interpretive letters concerning the public hearth, safety, welfare, environment or a
hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste,
pollutant or contaminant which has characteristics which render the substance dangerous or potentially
dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any
substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or
"regulated substance" under any Environmental Law.
Grantor represents, warrants and agrees that:
• A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been,
is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or
about the Property, except in the ordinary course of business and in strict compliance with all applicable
Environmental Law.
B. Except as previously disclosed and acknowledged In writing to Lender, Grantor has not and will not cause,
contribute to, or permit the release of any Hazardous Substance on the Property.
C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance
occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there
is a violation of any Environmental Law concerning the Property. In such en event, Grantor will take all
necessary remedial action in accordance with Environmental Law,
D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or
reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to
(1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or any
tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has
reason to believe there is any such pending or threatened investigation, claim, or proceeding. in such an
event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to
receive copies of any documents relating to such proceedings,
E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have
been, are and will remain in full compliance with any applicable Environmental Law,
F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be
added unless Lender first consents in writing.
G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and
confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and
complied with.
• H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the
Property and review all records at any reasonable time to determine (1) the existence, location end nature of
any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude
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• of any Hazardous Substance that has been released on, under or about the Prop ;
rty
Grantor and any tenant are in compliance with applicable Environmental Law. p ' or (3) whether or not
I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified
environmental engineer to prepare an environmental audit of the Property and to submit the results of such
audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's
approval.
J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at
Grantor's expense.
K. As a consequence of any breach of any representation, warranty or promise made in this section, (t)
Grantor will indemnify and hold Lender and Lender's successors or assigns harmless'from and against all
losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and
expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lander's
successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security
Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property
without prejudice to any of Lender's rights under this Security Instrument.
L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of
this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage
of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the
contrary are hereby waived.
17. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or
public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any
other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or
• claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a
condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and
will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of
any prior mortgage, deed of trust, security agreement or other lien document.
16. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and
insurance in escrow.
19. CO-SIGNERS. If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured
Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured
Debts and Grantor does not agree by signing this Security Instrument to be personally liable on the Secured
Debts. if this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any
rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under
the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws,
20. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead
exemption rights relating to the Property.
21. CROPS; TIMBER; MINERALS; RENTS, ISSUES, AND PROFITS. Grantor gives to Lender a security interest in
all crops, timber, and minerals located on the Property as well as all rents, issues and profits of them including,
but not limited to, ail Conservation Reserve Program (CRP) and Payment in Kind (PiKI payments and similar
governmental programs (all of which shall also be included in the term Property),
22, OTHER TERMS. The following are applicable to this Security Instrument:
A. Riders, The covenants and agreements of the following riders are incorporated into and supplement and
amend the terms of this Security Instrument.
30 acre feet units Colorado Big Thompson Project Water
• 23. APPLICABLE LAW. This Security instrument is governed by the laws of Colorado, the United States of
America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the
extent such state laws are preempted by federal law.
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24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security
Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or
together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated
under this Security Instrument for the remaining Property, Grantor agrees that Lender and any party to this
Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any
evidence of debt without Grantor's consent. Such a change will not release Grantor from the terms of this
Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors
and assigns of Lender and Grantor.
25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or
modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made
in writing and executed by Grantor and Lender. This Security Instrument and any other documents relating to
the Secured Debts are the complete and final expression of the agreement, If any provision of this Security
Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will
still be enforceable.
26. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular.
The section headings are for convenience only and are not to be used to interpret or define the terms of this
Security Instrument.
27. NOTICE. FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise
required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate
party's address listed in the DATE AND PARTIES section, or to any other address designated in writing, Notice
to one Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender in writing of any change
in Grantor's name, address or other application information. Grantor will provide Lender any financial
• statements or information Lender requests, All financial statements and information Grantor gives Lender will
be correct and complete, Grantor agrees to pay all expenses, charges and taxes in connection with the
preparation and recording of this Security Instrument. Grantor agrees to sign, deliver, and fife any additional
documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's
obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Grantor
agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is
of the essence.
SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Security Instrument.
Grantor also acknowledges receipt of a copy of this Security Instrument.
GRANTOR:
WIPO, LLCM,
BY
Bret rime LTD, Manager by t Larimer President
LENDER:
CAPITAL N �t�L gAcN
Tom Formica, Commercial'd-n Officer
•
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ACKNOWLEDGMENT.
(Business or Entity)
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ccl'att OF Lf a .ariio 61.44
OF (�t.t1,ten.- ss.
This instrument was acknowledged before me this
by Bret Larimer LTD - Manager by Bret Larimer President of WIP0,
WIP0, LLC a Limited Liability Company on behalf of
the Limited Liability Company.
My commission expires:2'+3't
(Notary loll
•�lLe Ar�mowladgms
rG1-17r OF Iprs•►—� , OF f lLfll/l hr I� iss�.
This instrument was acknowledged before me this Z$` day of I"C0.,. k
a by Torn Formica -- Commercial Loan Officer of CAPITAL WEST NATIONAL BANK, a corporation, on behalf
orporationonbehalf of
the corporation.
;etJ
My commission esllfsr •
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Colorado Deed OI Milt
CO/4%clhdrraa00e864000pg309017032807Y 01996 Bankers 6 Intdola
Systems,Inc.,St Cloud,MN artUFkr P...�II
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