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Home My WebLink About20120463.tiff • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The f tYS\' Rtme YI&11 TITLE INSURANCE orABSTRACT COMPANY 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: Vok 9ee fftt&WI CONVEYANCES(if none appear, so state): • Reception No. 149, Q.50 S I .30 Book 1 y. ld 55 Reception No. l'43 cit )°1 , Book S)(o Reception No. I4-P,$519 Book gI7 " Reception No. 1 50`1')11 , Book 54r(, Reception No. a G3 N 1 o1 I , Book („I;, Reception No. Caa'A(cis , Book Reception No. 34-(O11Jo5 (VLS1r(Yi(j 1�trCel B) , Book • Reception No. 3�5O3 , Book • The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed 4s an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of r51- kvbY"Cf ► i-te. ilY1 ly1.4) COMPANY,is hereby limited to the fee paid for this Certificate. In Witness whereof, h,r5i- eritaa rf f t 1*s5),.Paice COMPANY,has caused this certificate to be signed by its proper officer this p?G,+h. day of $ep4-CM.b4✓ ,20 )( ,at£')=00 a—. . Company: T ir5�` i ��..� 7i2 ItiCo vtmKt (di-ia4 f �_...f By: I—y);A Signature IP 2012-0463 • ALTA Plain Language Commitment(2006) Commitment Page 8 Commitment Number:NCS-494229-CO • EXHIBIT A Commitment No.: NCS-494229-CO The land referred to in Schedule A is situated in the County of Weld,State of Colorado and is described as follows: Parcel A: The Southwest Quarter(SW1/4) of Section 1,Township 1 North, Range 67 West of the 6th P.M.,County of Weld,State of Colorado, including those portions described as Lot B, Recorded Exemption No. 1469- 01-3 RE-1379, recorded February 7, 1992 in Book 1325 at Reception No. 02277615 and Lot B, Recorded Exemption No. 1469-01-03 RE-4492, recorded February 26, 2007 at Reception No. 3457835, EXCEPT those portions thereof described in the following Deeds recorded in the office of the Weld County Clerk and Recorder: 1. Special Warranty Deed recorded March 28, 1957 in Book 1473 at Page 655. 2.Warranty Deed recorded June 15, 1964 in Book 516 at Reception No. 1438479. 3.Warranty Deed recorded June 15, 1964 in Book 517 at Reception No. 1438519. 4. Warranty Deed recorded September 13, 1967 in Book 586 at Reception No. 1507711. 5. Warranty Deed recorded July 14, 1969 in Book 612 at Reception No. 1534121. 6. Warranty Deed recorded March 2, 1992 in Book 1327 at Reception No. 02279695. 7. Deed of Dedication recorded January 24, 2007 at Reception No. 3450597. 8. Warranty Deed recorded March 9, 2007 at Reception No. 3461165. Parcel B: • That part of the Southwest Quarter(SW1/4)of Section 1,Township 1 North, Range 67 West of the 6th P.M.,County of Weld, State of Colorado,described as Lot A, Recorded Exemption No. 1469-01-3 RE 4492 recorded February 26, 2007 at Reception No. 3457835 in the office of the Weld County Clerk and Recorder. • First American Title Insurance Company :91 I t^:"n f"d;e g k ul �i''� '•F igsra6' 't`k-° fin , _ ^t'R ;4 ' ti3 3 �'w,`}.?i✓. 'hr-...... S:.,,. r „` a.q a d nl z��.,r�1 Methf15 655 • _ _ fALI �Ricor.�es a ' aclwlt�M-^J" ' O rye ' IS_ .,Q z" �p ` a S t 2 3(1 ANeisvDmti Nevado ir`t" JIZliestittesett5 is �` inist'i or s, PEARL 3URC'' T'RUI n the Grantor anctma!tarsyc of the and County at Lela and Stole of Colorado for apd m consldemllon of the sum of TEN DOLLARS and other good and valuable considerations to the said Gronloror Granlore In ho reold the leceipt.,bhereol b here(»confessed and adhaowNdged,hove granted,bargained,sold and conveyed,and by These #`fin pre4eMs do herep~y 6 W7 BARGA/N,SECL AND CONVEY until" Th`e_Department of`Highways,State of Colorado, nt t. `Grantee,dssuccessars.and osiigne forever,the lollawing real-property alluale Jn the and County of • and_Stale of^Colorado,to wit: A tract or parcel of land,No.121 of Grantee's Protect No. S 00 0(5) containing 1.154 acres, 15( V4 more orlose, in the of the SI} of Soc. 1, T. 1 h„ i. 67.rl., of the Sixth P.M., i!: `.Weld County, Colorado, said Lt':at or parcel balm; more portimlarly descr'ned as fcllo✓s: Rehinninr, att point on the :1. poolart;' 11 ,a from 'ditto!, -loins the !r. corner of the Sva4 of Sec. 1, 1 , R. :69 .1., ianrrs ":. P5° 1.01 30 '1 fi.atanco of 1,000.3 feet; • ' l 0 1. Thence, M. t9° 5fr a distance oe 1,712.6 'cot; 2. '!`Fence, ° 511 h., a -.5:.]Lname 2 feet; - f !hence? - -9 2',' ndt if an e of :-4P.9 root to a point on the S. line of .!!C Silt; o.. tee. 1; 4. Theme 1i t1 'c o. of e J:I}, [ 3a..c. 1, 'forth, a d).stance of 35.0 '.n t , t 'on! or the t., corner of the !Sit of Sec. 1; • 5 i1 ten to r wins on she proton'? line, ,:i.3 poi! 1n, ju.6 r et•Scott' rat tie line of the 3:11. of Se._. i; 6. ',Nance ' the .1. pro',o 'i e , Is-:r,.:. r," .60J, fen-, more or !_. !:c point of bo nnin^. m!_c aunt•c ne" 't-',! tr , 0:,a=m: r Ceror !CI' or toss, • =ham ,t. y�G•y, �. 6� Ewa ,. ; te1t4. ' A '�` _ � � Sys" •''K t v I's", _• .F;,:'a'i : OOETLE1i fi I Ro, I Imethe f pleas and eppurlenances thpwnkhstlote untie appertaining adthe lever ��F�� v.. tend nitidladen, Obeuea and refits Stall ad°lithe Slate right title interest clam and demand sty--- ye`t rt._ getlikiparlor,a-&oidore,rite In bvl or gully oft In and laths above bargained premises,with the hereddamerts and the • '°ti.et 1 „WARD TG IOTA Me ale Premises above bargained and described,with me oppurleances unto Ike sad Grantee and , .. r t., ''Its `e, ..a d Mips lag* And agora Grantor a c d,for and assigns MIR executors and administrator,do covenant N Yy�ep7ppbCryw,and ergme load wit�l the said Grantee and Its successors and assigns that at the lime of the execution and delivery of tlieet beeepli,they wen well Weed of the premises oboe.ativeyed as of Weak sure perfect absolute and indefeasible estate of inheritance, 'Ink*mFee9Jmple,and hod good right full power and lawful aulhaily to grant bargain sell and convey the same in the manraad ,, -farmalaisad'mil IhesaMaelM and clear from all other grants,bargains sales liens taxes assessments and encumbrances al what i '-^ever hind or nature toner by through or under Ike Granlay or Grantors that the told Grantor or Grantors will WARRANT AND f i ' FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the said Grantee and its successors 1 and assign,against all and every person or persons lawfully claiming or to claim the whole or any part thereof by through or under f the sold Grantor or Grantors JIN WITNESS *SENSOR, the and Grantor or Grantors have hereunto sot thaw hands this 7th day of Mernh A D 192 ))) �� _ a Slgpad Id tae pretenceol: 'pF;pFit. SOUR1.1' ti-911<4 r, A.,-,-- 1 , - STATE OF CALIFORNIA 11 0 . }u. and Counly,ol IDS AL'GSI;S _ ) ..,'sG� ly(tT Th,fora§yreg Instrument was acknowledged before me ahis__'2.5_doy of Mn °h ,19�, .,+oAy1,lN �'9}yay hand and Official.Seal, yL.�f , nq rani,.r:, e.,t�•,., a u:; - �./1 •pi torpmmisston Expires" —._ / ri-41"rC _ .-_ STATE OF l i }e:. NAR•Z857 G 1 ' i, n B Z,5n and County of 1 The foregoing instrument was acknowledged Wore me 'his_.____doy al_ ,I9_—, by WITNESS my hand and Official Seal, I My Commission Expires: — -- - woa,v emnu a c f s3L a 51 Aga 1-00 g r• 7 �� r zlm. � s3F ,D, % 3 0 �^ GO O L Z � r Al 5 is Q ' N .. xe *43 get a L A N ''-'3 V ,6ti F sty,• o $ e� t 5 �. YJ x Jr, i - s d i • e 44 % ':Z . o 'c� mow{ S O n ca"`' Q" j�! °J ti; 9 5 +Tors \ a :; s n �l -4 S 8 - ti 4 g I'll l Ftz 64 vv) w d-c2 '2.; 1d �s'sT1 J ied t' aa8$ N F8sS• JJII '`I . . Qd a I r. _ - ��sEt�swenu'rryawxxacx.i,*gd,Yr�"by'•'�1i'o-stt.tar�n Pr_yr e� 7�„_�F; :��-sea 516 Eeenrded}&t. .t ,t 5)�q yp JUk 15 1964 • - EeeeDtioaTlo..-ytWt�`�(_A.A„�_._...� AN$SPOMER-..:...Rxmrdar. . . • RECORDERS_STAMP: t, 7 HIS DEED, Mode tb a 28th. day of oxeye May in the year of our Lord one thousand nine hundred Sixty-Four and between ALICE PEHR • of the County of Adams and . . i �'; r'd Fr.. . a -a:' _ . .. •u':"rya State of Colorado,of the first part,and ' ROBERT BRUCE MacDONALD and JOYCE ANN MacDONALD as joint tenants with right of survivorship and not as tenants In cowmen of the - County of Jefferson and State of Colorado,of the second part: • WITNESSETH,That the said part Y of the first part, ter"ant m consldetation of the sum of Ten Dollars and other good and valuable consideration - - - - - -UOLL$H8, to the said part y of the first part in hand paid by the said part les of the second part, the receipt whereof is hereby confessed andaeknowledged,ha s granted, bargained, sold and con- veyed,and by these presents do es grant,bargain,soil,convey and confirm unto the said prat its of the second part,the i theirs and assigns forever,all the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado,to-wit: Beginning at the Northwest corner of the Southwest k, Section I, Township I • North, Range 67 West of the 6th P.M„ Weld County, Colorado; thence 50020'30"E along the West line of said SW*, Section I, 325.0 feet; thence East and parallel to the North line of said 514, 669.66 feet; thence SO°20'30"E 305:36 feet to the true point of beginning; thence East 475.43 feet more or less to a point on the Westerly bank of the Brighton ottch; thence along said Westerly and Northerly bank by the following courses and distances: 522°57'30"E 98.78 feet S 5°39'30"E 41.03 feet 516°02' W 106.81 feat 5360531 W 47.31 feet 560°59' W 45.56 feet S72°34' W )75.83 feet 589°10' W 95.46 feet N77°21'30"W 110.86 feet 578°38'30"W 47,69 feet; thence N0°20'JO"W 333.18 feet to the true point of beginning. Contains 3.70 Acres. and Beginning r . :ne Northwest corner, Southwest t, Section I, Township 1 North, Range 67 West of the 6th P.N., Weld County, Colorado; thence S0°20'30"E along � the West line of said SWk. 325.0 feet; thence East and parallel to the North " line of said SW*. 25.0 feet to the true point of beginning; thence continuing d3. East, 644.66 feet; thence SO°20'30"E, 638.56 feet more or less to a point on the Northerly bank of the Brighton Ditch; thence 566°46'W along said Northerly bank, 32.38 feet; thence S29°2t'W along the Northwesterly bank, 55.28 feet; o thence N86°25'W. 589.02 feet more or less to a point 25.0 feet East of said West line Slek; thence NO°20'30"W, 627.72 feet to the true point of beginning. ie Contains 10.05 acres. r together with one-half (}) share of Brattner Ditch Company water, end subject to right-of-way for the Brighton Ditch sad the right-of-way for Irrigation ditches, laterals and drainage ditches, for the repair, replacement and sm maintenance of any and all of the foregoing; Weld County, State of Colorado • No.832. WARRANTY DEED.—androw.R , eabloso,Pt.Ca.Men.aobleea' Legal al.'s.,leG.le Skate a Dr.Coundo qb to 'l�tCv "xC0 �*# S le',t • • Pill \ 4J). I1111,1,1,O-111f 1.14111,,111‘11,i, 1 /T n Mt 11 e t sit 1- �1 r it o t. Sls: f � r tot .t TOGETHER with'all singular the hereditaiabdta and appurtenances thereunto belonging, or in 't1 �.,... any NAB appertaining)and the reversion and reversions;eetaainder and remainders, rents, issues end - -I profits'thereof Vend-all the'-estate,'right, title, interest,''claim and-demand-whataoevet, of the said part y of the first part either in-law or equity,of,in and to the above batgained premises,with • the-hereditaments and appurtenances. TO HAVE AND"TO HOLD the said premises above bargained and described, with the-appurte- nancesunto Robert Bruce MacDonald and Joyce Ann MacDonald the said part les of the second part,the 1 r heirs and seeigue forever. And the laid Al ice Pehr pert Y of the first part, for her 6el f, her heirs,executors and administrators,do es covenant,grant,bargain and agree to and with the said part les of the second part, their heirs and assigns,that at the time of the enseai > :.nd delivery of these presents she la-.. welL seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance in law, in fee simple,and ha S good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,'and ']tat the same are ftee and clear from 1111 former and other grants,bargains,sales,liens,taxes,assessments and ineumbrances of whatever kind or nature soever. except general taxes for 1964, payable In 1965, and subsequent thereto • Isnesescs . �4'4ZY"G�i"+ a v1 �a Sr_p .r'� S .tri&.f+ 4,-11 r 'ii nc YeT raaY an £+urr,.. r rr T- `� i r� ��i.-::-i. � r -a f - _ � �ll 1n � yl ly_ 7'75 + '_ r i:Th_ - - + :� and fleeabove bargained premises iq the quiet and peaceable peseeaalon Hof the said p@h hI of the second pal,t, their ' heirs add aeeigne;'egainst all and every peraou.or pereonelew£aOy claiming or to claim the whole or any part thereof,the Bald part y of the first part*hall and will WARRANt.T AND:;FOREVER DEFEND. IN W?TNE88 WHEREOF,The sld pad y., o f the first part ha s ~hereunto set her band and seal the day and year first above wri - -: _ / .._ Slimed,Sealed and Delivered io Presence of LSr� - �.-49vE/ - [SEAL] - . . . - [SEAL] [SEAL] i [SEAL] °TATITmr ACKN0WLIMMINT,RMI0N MT STATE OF.COLORADO, Illik County of Adams The foregoing instrument was acknowledged before me this 18th day of May • l9 64 by A Ilce Pehr . 11 • emittaAlayre and official seal. - a•IA TA4)A f,•iPirea October 6, 1964 - • �. ; OBl�G 'e :. f--1•�... oµ.. .... .:g.'? rut a n,ass a pn.i then.cacao,.lfi,.a 'melt etc mae NOY;Poll. �air;leas mn anew me°v tt let u«io'rrt Awe at am ail ,sr ar r..be.l ee asu mreo.w...n m.vw.u,e....ar a • jnu + : ,rs,"-4 ti n ' £�.aL s v� esuraxa' -e---,.. 1 cr 5 y j, Recorded ct—F}4 ,',.*041‘,--- bQ 3U1 I4. a. I a BODR' I:. - _ Reeephon lie I .1. 45 4 . Z, LANN S!OMFR '_Recorder c 4 lc- Q yt , . fl &14 [ k# r e J R$CORDRRTg STAHP ` 'F'w '-5') I • 1 ,�ry,�j./�� r , # ,V I{kv • Z`tfly„UEEL, blade bile ''F t: liday if Nay ¢ II, c rr_ e = tr' �: •I -Ip the yyat'oc our Lord one thoneand to hygdre4 and .•:,, �f e I .' inoery i - .- . .em t -ALICE PENR.. i • " ' 1 . i i's, iej� '1 R I' I 1b• l l' " 7 J 1'f II i Iy t �• • I 1 ~N U. -1 4 j i ) �qf 1 t !i.- 1 Coupty of 11'Maes 1 - and State of.' • ; ' I.' ' -'Colo rado,of the fir t pert,and I i ll I -s ? I i r� G 1 : �yusiS NASHand BESSIE NASH 1. •r -'I - 1' of the C I ty and county of Denver and State of Colorado`of the stdond'part: WITNESSETH,that the said part y of the first part,for and in consideration of the elms of ' Ten Dollars and other good and valuable consideration - - - - •D13LkARSr i' to the mid part y of the first pan in hand paid by the and parties of the second part the receipt whereof is .j hereby confessed and scimowledged,ha I granted,bargained,sold and conveyed,and by these presents do es grant,bargain,[ell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not I in tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying anti being in the County of Weld and State of Colorado,to-wit: Beginning at the Northwest corner of the Southwest k, Section I, Township 1 North, Range 67 West of the 6th P.N., Wald County, Colorado; thence East along the North line of said SWk 584.0 feet; thence 50020130"E and parallel to the West line of said SWk, 60.0 feet to the true point of beginning; thence continuing SO02013011E. 215.00 feet; thence West and parallel to said North tins SWk, 559.00 foot to a I. point 25.0 feet East of sold West line SWk; thence 00°2013011W.end parallel to said West line, 165.0 feet more or less to a point on Southeasterly R.O.W. line of Colorado State Highway No. 52; thence N44°5915B11E along said Southeasterly R.O.W., 70.71 feat more or less to a point 60.0 feet South of said North line SWk, thence East along said Southerly R.O.W. line and parallel to said North line SWk, 509.00 feet more or less to the true point of beginning.- Contains 2.73 Acres. I InitiUmEniAliTOI I Yi "ink TOGETHER with all and singular the hereditament, and appurtenances thereunto belonging, or in anywise • l� 'I ; appertaining,the reversion and reversions,remainder and remainders, rents, issues and profits thereof; and all the l r". •I h estate.right,title,interest,claim and demand whatsoever of the said pert y of the first pan,either in law or equity, J2 ,;? of,la and to the above bargained premises,with the hereditament,and appurtenances. -..- TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said parties of the second part,their heirs and assigns forever.And the said party of the first part for Sarni f her heirs,executors,and administrators do es covenant,grant,bargain and agree to and with the said parties of the second part,thou heirs and assigns,that at the time of the caseating and delivery of these presents she is well seized of the premises above conveyed,as of good,sure,perfect absolute and indefeasible estate of inheritance,in law,in fee simple,and hag good right full hewer 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, tans.assessments and encumbrances of whatever kind or nature soever. except general taxes for 1964. I payble in 1965, and subsequent thereto end except right of way for Brighton Ditch and right of way for irrigation ditches, laterals and drainage ditches, for the repair, replacement and maintenance of any and all of the foregoing and the above bargained premises in the quiet and peaceable po ion of the said parties of the second part their heirs and assigns,against all and every person or persona lawfully claiming or to claim the whole or any part thereof,the said part y of the first..,,sndi and will WARRANT AND FOREVER DEPEND. IN WITNESS WHEREOF the said pan y of the first part ha a hereunto set her hand and seal the day and year first above written. e_ Signed, Sealed and Delivered in the Presence of //�/9 d. J+/+� -2_,_ _[SEAL] v~t ..fit'+ .. _..Gee..... _........._ Cie 1 _._._._ __..__...__............_.........._.._._._..._._..._[SEAL? O to STATE OF COLORADO, Cr., }Ob. p °Anh' of Adams ,-A ,The'b'tgoigg instrument was acknowledged before me this d` 7�'v day of [[ay • a III t t..- oatice Pehr x..- .:•1W has'ma fires Oct 6 1964 .Witness my hand and official seal, ____-_-- I•-'t 9 ii.. i ,27LeyezliziC?A"..,Notary Public. No.gfla•WAnWANfr pawn.—T,Joint Tmsnts.Bradferd$ebinwn Pristine Comp r,1e2440 Stout Beret Ina tas,Celoredu I ell by natural person or peso e bare Insert name or names;1f by parson a:ins la representative or official eaynatty or ea ha attorney-I-fee ear then insert of person executor attorney-Es-fags or other mpaitY or desoriptlan:if by omen of �_ cor- poration,then Inn Bea m of such officer or officers as the president or other officers of such corporation,naming it—Btolptory t Colorado Revised Statutes O53. C) I, " -74--C: 37 SEP 131967 .volt Recorded at. o'clock. P_ f 586 1507"711 ANN s!°tnfl ReeepHoa No _ . _... ._..—..Recorder, • i: y/ co � RECORDER'S STAMP TID9 DEED,Made this a,/ tA day of -YFtfltity 15165;between ALICE PEER Of the County of Adams and State of Colorado,of the first part,and - ROBERT BRUCE MacDONALD and JOYCE ANN MacDONALD l'diarl:Alitit of the County of Jefferson and State of Colorado,of the second part: s �' WITNESSETH,that the said party,'.,of the first part,for and In consideration of the sum of ,�r �I _Ten Dollars and other good and valuable consideration - - -RDLLARS.. el ,.fit,,.. ', o the saidpart of the firstpart in hand . ,, ; y paid by the said parties of the second part, the receipt whereof is I k /,A 2r' 'i hereby confessed and acknowledged, has granted. bargained, sold and conveyed, and by these presents do es `.S all t bargain, sell,convey and cantina unto the said parties of the second part, their heirs and assigns forever, not itiuml Mire r ll h tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying and kli.nrec_,a in mugin the County of Weld - and State of Colorado,to-wit; Beginning at the Northwest corner of the SWh, Section 1, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado; thence SOo°20'30"E along the West line said EN', 325.0 feet; thence.East an • Z parallel to the North line said SW1, 669.66 feet to the true point o t`; beginning; thence S00°20'30"E, 305.36 feet; thence East 475,43 feet eI mere or less to a point on the Westerly bank of the Brighton Ditch; thence along said Westerly bank by the following courses and distanc N22°57'30"W, 100.00 feet; N 14°29'33 W, 220.28 feet; thence West 383.12 feet to the true point of beginning. Contains 2.97 acres. EXCEPT subject to easements, rights of way for all irrigation later, I ditches, including an easement across the Easterly 25 feet thereof f the maintenance of the Brighton Ditch and an easement of egress and o, ingress to t the land lyingg SSouth of the tract herein conveyed. TOGETH R wit alt an sing ar t e ere.dzments an ppurtenances 1 exacta belong or in anywise • appertaining, 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 said party of the first part, either in law or equity, J` of,in and to.the above bargained premises,with the hereditaments and appurtenances. l` TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said ❑1Parliea of the second part,their heirs and assign.forever.And Ilse said party of the first part,for her eel I • a• 1 herheirs, executors,and administrators do es covenant,grant, bargain and agree to and with the said parties n l of the second part,their heirs and assigns,that at the time of the caseating and delivery of these presents Bhe is veI well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,in pl• law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in In manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens, o taxes, assessments and encumbrances of whatever kind or nature soccer, except general taxes for 00 1965, payable in 1966, and subsequent thereto and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,their heirs M and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said ,_e part y of the first part shall and will WARRANT AND FOREVER DEFEND. W IN WITNESS WHEREOF the said part y of the first part ha s hereunto set her hand and seal the day and year first above written. l /✓Q //�� Signed, Sealed and Delivered in the Presence of .(, a O,_f" rs, 4-, [SEAL] [SEAL] [SEAL] STATE OF COLORADO, 71 County of Adams J as. yf '+"-[ter-e_� 'The gd p(orlsg,jpstrument was acknowledged before me this ;-.2Y l day of 19:6 Gy oyl...,. 8S$ce Pehr s 4?r gztilny,lok 4*a Oct 6 , 1968.Witness my hand and official seal. S 4s.i‘r r J --8 o ill /q.t.-PAR, ��'�.-tij�1� I �SYrtik if/ No.DZI. WARRANTY DERo—Te Jolet TautY.Brodford-Roafa,os Printing.Dompny,111410 Stout Street,Denver.Colorado 'Sr by natural Demon Sr persons hero Insert name or names;If by person acting In representative or eftlolal calamity or as attorney-in-fact,than Mien name of person ae excels ter,attarne -^"-tact or other rapacity er desert lineal It by oPNcer of ear- Ioknonfedgmen,dm"118-0 1 Colorado RevLMd S ttue,,1868 1 t or other ofncore o(mch corporn�l"n,naming lt.8fahtlo,y II (� !� S I 1 '�fftar�:�� 3i BOOK 612 Recorded at .f o'clock M...yll.L_�.4 1963. w vi •1.534121 ANN SPOMER Recorder. Reception No. .. _ • /�/— RECORDER'S STAMP THIS DEED,Made this 17th day of June , 19 65,between ALICE PEHR I Cr' rV of the County of Adams and State of _ Colorado,of the first part,and el tfl WILLIS NASH and BESSIE NASH O -1 re • t p N[ e m ell of fur City and County of Denver and State of Colorado,of the second part: �11` MI C O WITNESSETH,that the said party of the first part,for and in consideration of the sum of .d Ct9LLA r— R5, r r. N Ten Dollars and other good and valuable consideration I,..m ''f to the said part Y of the first part in hand paid by the said parties of the second part, the receipt whereof is 1P2. o hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do es tLTX grant,bargain,sell,convey and confirm unto the said parties of the second part, their heirs and assigns forever, not • bm in tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying and I m oh being is,the County of Weld and State of Colorado,to-wit: „e Beginning at the Northwest corner of the SWt of Section 1, Township 1 North, Range .-e 67 West of the 6th P.M. Weld County Colorado; thence East along the North line of said SW}, 584.0 feet; thence 500020130"E and parallel to the West line of said SW, , 60.0 feet to the true point of beginning; thence continuing 500020'30"E, 215.00 ft. —' thence East and parallel to said North line SW}, 135.66 ft.; thence SOOo20'30"E, 50.00 ft.; thence East and parallel to said North line 5W}„ 333.12 ft. more or less to a point on the Westerly bank of the Brighton Ditch; thence N22003'30"W along said Westerly bank, 285.92 ft. more or less to s point 60.0 ft. South of said North line SW,,, said point being on the South R.O.W. line of Colorado State Highway No. 52; thence West along said South R.O.W. and parallel to said North line SW* 363.30 feet more or less to the true point of beginning, except subject to easements, rights of way for all irrigation laterals, ditches, including an easement across the Easterly 25 feet thereof for the maintenance of the Brighton Ditch and an easement of egress and Ing,ess to the land lying South of the tract herein conveyed Contains 2.37 acres. • TOGETHER with all and singular the hereditamenls and appurtenances thereunto belonging, or in anywise appertaining, 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 said part y of the first part, either in law or equity, of,in and to the above bargained premises,with the hereditsments and appurtenances. Y '1'O HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said p parties of the second part,their heirs and assigns forever.And the said part y of the first part,for her set f I'D her heirs, executors,and administrators do eS covenant, grant, bargain and agree to and with the said parties c of the second part, their heirs and assigns,that at the time of the ensealing and delivery of these presents she 15 well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefcasibld'estate of inheritance, in law,in fee simple,and ha 5 good right full power and lawful authority to grant,bargain,sell and convey the same in planner and form aforesaid,and that the same are free and clear from all Cornier and other grants,bargains,sales,liens, e> taxes, assessments and encumbrances of whatever kind or nature soever, except genera i taxes for 1965, .—I payable in 1966, and subsequent thereto ' and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,their heirs • ' and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part ha 5 hereunto set her hand and seal for .'g and year first above written. i ' /fn • i Signed, Sealed and Delivered in the Presence of .. k 8 sr- - [SEAL] s 62�j®® (n/n�^/ • 11 l.,.t�4 [SEAL] O N [SEAL] .I 0 STATE OF COLORADO, SS County of Adams 1 tr - r� Y� The foregoing&,,' trument was acknowledged before me this 17th day of June re 19 65 Ov.....AMJp Rehr S w ba f Mry.'co Is l pw$ October 6 , 1968.Witness my hand and official seal. y�m]vpa ' ••of Q O CO t • f5 �.` .♦ • A.HiKi... Notary Public. _ ` —El _.__ . —_—. .-- -_ — No.021. WARRANTY DEED—To Joint Tenonb.—Dradforddlabimmn Pr lop ^company.Cass-Is Stout Street/Denver.Colorado N"ft •Ir 1 natural',union Srhero Insert name Sr names:If by sonoaimingnIn ropreamtativo r official Opacity r ae 1,I ettome v-� acl,then Insert Demons of person n xecutor,etton,5.... I Aror cue, pnelL or deeerl rtlon;If by oft leer of or- 1 rntl Ihml Insert nano of noels officer or officers nn the president o IIbor officers of such cur partition,nnptl:,g lt.—alnp,fary Y Aokuuwlodymo t,Soc. 115-G-1 Culorseo lrovleed Slates,,1955. lee AR2279695 �B 1327 REC 022 9695 03/02/92 13:59 $5.00 1/001 es laces P 1353 MARY ANN FEHERSTEIN CLERK & RECORDER WELD CO, CO RECORDER'S STAMP "Prigs DEED, Made t Is 28th al d d February --- • 92,betweea ALICE PER, also known as ALICE E.Mill • of the • comity d Wgld and State of • Colored;of the first part,and . LAWRENCE D. SCOTT and THERESE N..SCCIT of the Geaty of - Weld and State of Colorado,of the second part: WITNESSEPR,that the said part - of the first part,for and In consideration of the sum of TEN DOLLARS AND OMER GOOD AND SUFFICIENT CONSIDMATYCN DOLLARS, to the said party of the first part in head paid by the said parties of the second part,the receipt whereof is hereby confessed and aekowledged,has granted,bargained,sold and conveyed,and by these presents doeS grant,bargain,sell,convoy and confirm unto the said parties of the second part,their heirs and amigos forever,not in tenancy in common but In Joint tenancy,all the following described lot or parcel of land,situate,lying and being in the county of Weld and State of Colorado,to wit: Lot A, Weld County Recorded Exertion Number REL179, according to the Plat thereof, County of Weld and State of Colorado, reserving however unto the Grantor all oil. Ras, coal and other nlinernlc in on or under said premises and subject to all existing oil and gas leases. FAMILY TRANSFER — IC DOCUMENTARY FEE REQUIRED TOGETHER with all and singular the hereditsments and appurtenances thereunto belonging,or In anywise appertaining,the reversion and reversions,remainder and remainders,rents,issues and profits thereof:and all the • estate,right,title,interest,claim and demand wtntsoever of the said party of the first part,either in law or equity,of,In and to the above bargained premises,with the hereditament and appurtenances, TO HAVE AND TO HOLD the said pr rile-s above bargained and described,with the appurtenances,unto the said parties of the second part,their heirs and assigns farover.And•1.said party of the first part,for her rat f ,her heirs,executors,and admWstrat:a Joes covenant,grant,bargain and agree to and with the said parties of the second part,their heirs and asatkm,that at the time of the eneealing and delivery of these Pree- • eate is well seised of the premises above conveyed,as of good,sure,perfect,absolute and indefensible estate of Inheritance,in law,Ire fee simple,and has good right,full power and lawful authority to grant,bar- gain,sell and convey the same in manner snd form dotesid,end that the same are free and clear from all former and other grants,bargains,sales,Ilene,taxes,assessments and encumbrances of whatever kind or nature soever. EXCEPT rights of way and easements for public or private roads, ditches, canals or utilities presently appearing of record, all zoning regulations of the County of Weld, and taxes 'or the year 1992 payable '1993 and the above bargainedpa..ahes In me quiet a pone. on of the said parties of the second part,their heirs and assigns.against all and every person or Demon lawfully claiming or to claim the whole or any part thereof, the said part of the first past shall end will WARRANT'AND FOREVER DEFEND. IN WITNESS WHEREOF the said party of the first part has hereunto eel her band end seal the day and year fink above written. 55 2ICinSigned,Sealed and Delivered In the Pregame of S� -----LeEAL7 PEER, also known as ALICE E. PEER STATE OF COLORADO, as, County of Una,/ 71u f sgt-feht s A so this °?`�` day of s� Ip4z.bySa'Pe�t also known as Alice E. PEkRt �'�`�i�s,.•' ,� " ' Myrymeut ryn tt . dfM41A)a ,I993.Witness my hand and official seal. ... • Naar Putt..• a--r T p rite uhahr Os.115141 slot swot,DOOM Colondo-5-91 ft by mama pima re memos Moe hued same or games:If by p se ttee ms to atawn or etfbwr n se attomerr-la-feot Mont u monitor,m Dame of pram ssttomIm ey- fmt a other taped or• Sum:It by Mater or mr- poeraaem. Inert name of nob ooffloe'or omen as or Statute.e pr. �t or other Minors of nth oorpnnon,Darning IL-9letalmp 1� WARRANTY DEED • THIS DEED,dated March 7,2007,between,ALICE E.PEHR,also known as ALICE PEHR,of the County of Weld, State of Colorado, hereinafter Grantor, and DAVID W. PEHR whose address is 7880 Maria Street, Westminster,CO 80030,hereinafter Grantee: WITNESSETII,that the said Grantor,inconsideration of the sum of TWENTY DOLLARS($20.00)and other good and valuable consideration in hand paid to the said Grantor by the said Grantee,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the said Grantee,his successors and assigns forever,the following described land situate in the County of Weld,State of Colorado,to-wit: That part of the Southwest quarter of Section 1, Township 1 North, Range 67 West of the Sixth Principal Meridian described as Lot A,Pehr Recorded Exemption No. 1469-01-3 RE 4492. TOGETHER with all and singular the hereditaments and appurtenances thercunto 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 said Grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. AND TOGETHER with all minerals,mineral rights,water and water rights in,on or under said real property, but not including any share of the Brighton Ditch or the Brantner Ditch, AND TOGETHER with a perpetual easement for access from Weld County Road 23 to the property herein conveyed for all vehicular and other traffic and for the construction,operation,maintenance and reconstruction of utilities,which easement shall be thirty feet wide over,across,under and through the property described as: Beginning at a point lying on the easterly right of way line of said Road 23 a distance of 1390 feet southerly from the West quarter corner of Section I,Township 1 North,Range 67 West of the Sixth Principal Meridian;thence easterly 280 feet to the northwest corner of the property herein conveyed; thence southerly and along the West line of the property herein conveyed a distance of 30 feet;thence easterly and parallel to the North line of this easement a distance of 280 feet to a point on the easterly right of way line of said Road 23;thence northerly and along the easterly right of way line of the said Road 23 a distance of 30 feet to the point of beginning. RESERVING HOWEVER,unto Grantee an easement over and across the Fast thirty feet of the property herein conveyed for the operation and maintenance nfthe Pehr Lateral of the Brighton Ditch and also to allow access to Lot B of the above Recorded Exemption for farm machinery. • AND FURTHER RESERVING unto the said Grantor all oil and gas royalties payable for oil and gas produced from the property herein conveyed during the life of the Grantor,but this reservation does not include the right to prospect for, mine or remove the same,which rights are expressly and presently conveyed hereby to the Grantee,his heirs and assigns,free of this reservation,and upon the death of the Grantor,this life estate in Grantor shall terminate and the said royalties shall be the property of the Grantee,his heirs and assigns. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said Grantee,his successors and assigns,forever. And the said Grantor,for herself,her heirs,successors,executors and administrators,does covenant,grant,bargain and agree to and with the said Grantee,his successors and assigns, that at the time of the ensealing and delivery of these presents,she is well seized of the premises above conveyed,as of good,sure,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 and encumbrances of whatever kind or nature soever,EXCEPT: general real estate taxes for 2006 and subsequent years and easements of record nn the date hereof. AND the above bargained interest in the said premises in the quiet and peaceable possession of the said Grantee,his successors or assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said Grantor shall and will WARRANT AND FOREVER DEFEND. Signed and delivered this 7"'day of March,A.D.2007. 4 Alice E.Pehr,also known as Alice Pehr STATE OF COLORADO ) )ss COUNTY OF ADAMS The foregoing WARRANTY DEED was acknowledged before me this r day of March,2007 by Alice E.Pehr,also known as Alice Pehr. 1FE I. t r • My Commission expires % ��Itl1 11 7 ......• � 4611 11111111111111111111111131111111111111111111111111111 I,�or COL pp_ 3461165 03/09/2007 03:11P Weld County,CO ty"` I of I R 6.00 0 0.00 Steve Moreno Clerk&Recorder 1 • • • DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that ALICE PEHR, also known as ALICE E.PEHR, also known as ALICE ELIZABETH PEHR, whose address is 11422 Colorado State Highway 52, Fort Lupton, Colorado 80621,being the sole owner of that certain property described in Exhibit A,attached, does hereby dedicate forever said property as part of a public highway pursuant to Colorado revise Statutes 43-2-201(1)(a), free and clear of all liens and encumbrances except existing easements and hereby warrants title to the same. EXCEPT RESERVING UNTO SAID OWNER,ALICE PEHR,the mineral estate under the highway, including all oil and gas and all water rights currently attached to or associated with the right of way. Alice Pehr,a.k.a. Alice E. Pehr, a.k.a Alice Elizabeth Pehr STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing was subscribed and sworn to before me December 19,2006 by Alice Pehr, • a.k.a. Alice E. Pehr, a.k.a Alice Elizabeth Pehr. My Commission expires* n) (,2OO7 _-ORY po'� eJ f. < MARIAMW Not Public 4N`:� p% OF C ACCEPTANCE THE COUNTY OF WELD, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners,hereby accepts the above dedication of property as a public right of way pursuant to Colorado Revised Statutes 43-2-201(1)(a)this jrf'day of January, 2007. THE COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO I RIO hill 11111"It III 111(111 III gi 3450597 01/24/2007 02: Weld County, 1 of 3 R 0.00 D 0.00 Steve &e Moreno Clerk& Recorder By: David E. Long, Chairman, B and of County • Commissioners of the County of Weld 01/15/2006 wa 2--0/73 • ATTEST: iateNMAL E L� CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY W IF a • )71;.10 5.7$7-0?-7 F' By: rt� Deputy Clerk to the Board 1' STATE OF COLORADO ) ) ss COUNTY OF WELD The foregoing was subsc d sworn to before me this nth h day of January,2007 by David E. Long, Chairman, Board of 7 ,... -t : issioners of the County of Weld. e C:btOTARy?tsi —CB-- ; My Commission expires t AP081.1c i ...'Foacoio�, AiYCommissimn 4J/€42 —Nota y Public • I 11111111111 X111111111111111I III 1111111 III 11111 VII dill 3460597 01/24/2007 02:26P Weld County, CO 2 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder • • • Exhibit A Two parcels of land located in Section 1,Township 1 North, Range 67 West of the Sixth Principal Meridian,County of Weld and State of Colorado,more particularly described as follows: Parcel 1: The West 30 feet of the Southwest Quarter of said Section 1. Parcel 2: The East 10 feet of the West 40 feet of the South 1691 feet of the Southwest quarter of said Section 1 • 13101159111710111121121001171 41111t//1 t1Ill InIt lrI I�IL lift 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk C:Recorder • r , , n17950 1/1 �h t ix p il IE PR t�6 2� 61;1 £� ", i; '.k Sx L _? •I ”41!, z �= s F _w f. ,,P t 9 cp S a s ) �,. .. #K ,,h „!. 2 . 5 4--. z• E eso 4.d s d y F ! ° � Q '' F¢: ` ;P cr e 3 4- St x� a 4 ;; ,p S j K _ > e - pi s Ear - - ._� a$ ,- ' w x 0 iv, n laz IP' $ 5 SE ° e x(. RRR4.1 a z i� • , ne a yp glad iv, Zz.s1 ' sit £ ;Z s .k c '3 P e ;.; 3 € g k ae x €' C • 50�. ex -y - 5 5 Fz t Yk rc C ` w, s 6� P xE 6 F . 3F _ 5 h� - n 0 -= 2 o i 3 : 6 P it. ! 4 i,L ,,n,,?:!>. F.2 �! E,L ' W3 : W , } s )( s e �s YEy 1 ° G f t mw T mg,, o iF` L yb , b P, f• f. ' 6 $ Skfr R CL 1f� ',AR, w: Iz i13 Ea aP ° n S�3f�' '� z c �, 9 sfts s tx 3x °r e e :t- (ti{ x - t — b i t k . ; 1 iF N _ _ Y — fd F S- 8 01 p - e: > c r ai S a E '-'i ' s Ox 6 e - f 11J 2.7 3 [ x. - a c a f`, M '.i La e i x ' k - i_ z O P s °01/2 Pt of s ti ta§ ik[ -.9 -in io sfi a s i. .' WO ; - x 5 g i t 1= { +l s Pt O a,,4 7 b„ F ki k r (1 Ft Ei e° t's Z1 . ._ . , • O c,k 2 F— r _ s I :; I- T _ I X ,n. — t s mo` — <. a., t., _ — it O x U s 7 £I , i " 1 63 5 I zy into: . .. _ -_. Noy ex a o z L iae 'A T' aovoa�.� m .� Es: J iy d. y4 �e b 05 gk . 1 '- --.. _. First American Title Insurance Company- NCS • ,. 1125 17th Street, Suite 750 • Denver,Colorado 80202 Phone: (303)876-1112 Fax:(877)235-9185 DATE: July 06, 2011 FILE NUMBER: NCS-494229-CO PROPERTY ADDRESS: 11222 Highway 52 and 5238 Weld County Road 23, Ft. Lupton, CO 80621 OWNER/BUYER:Alice Pehr and David W. Pehr/TBD YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN: Transmittal: Revision No.: Schedule A: Schedule B-Section 1 Requirements: Schedule B -Section 2 Exceptions: Should you have any questions regarding these materials, please contact First American Title Insurance Company National Commercial Services at the above phone number. We sincerely thank you for your business. TO: First American Title Insurance TITLE OFFICER:James A. Nye Company National Commercial Services 1125 17th Street, Suite 750 PHONE: (303)876-1112 • Denver,Colorado 80202 FAX: (877)235-9185 E-MAIL: jnye@firstam.com DELIVERY: E-MAIL TO: First American Title Insurance ESCROW Robert F. Rosenthal Company National Commercial OFFICER: Services 1125 17th Street,Suite 750 PHONE: (303)876-1112 Denver, CO 80202 FAX: (877)235-9185 E-MAIL: rfrosenthal@firstam.com DELIVERY: E-MAIL To: When Pigs Fly LLC ATTN: Diana E. Askew, PLS P.O. BOX, 704 PHONE: (303)838-7577 Conifer, CO 80433 MOBILE: (303)525-7016 FAX: (303)838-7179 E-MAIL: diana.askew@whenpigsflyllc.com DELIVERY: E-MAIL • ALTA Plain Language Commitment(2006) Commitment Page 2 Commitment Number:NCS-494229-CO • Form No. 1342(2006) ALTA Plain Language Commitment A NitR1 � r trbk First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. • TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY SCHEDULE A 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-I -- REQUIREMENTS SCHEDULE B-II -- EXCEPTIONS CONDITIONS YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. • First American Ttle Insurance Company ALTA Plain Language Commitment(2006) Commitment Page 3 Commitment Number:NCS-494229-CO • COMMITMENT FOR TITLE INSURANCE ISSUED BY Flirt American Title Insurance Company AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six (6) months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. • The Conditions. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. First American Title Insurance Company i„oltr fist, j . gP7p S SEPTENBEB 24. i Dennis J.Gilmore Timothy Kemp • ; f President Secretary sta \ C411 E .H l� 0? . • First American Title Insurance Company ALTA Plain Language Commitment(2006) Commitment Page 4 Commitment Number: NCS494229-CO • CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your Land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attach between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have • met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - Section I or Eliminate with our written consent any Exceptions shown in Schedule B- Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the Land must be based on this Commitment and is subject to its terms. 6. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/. • First American Title Insurance Company ALTA Plain Language Commitment(2006) Commitment Page 5 Commitment Number: NCS-494229-CO • DISCLOSURE STATEMENT Pursuant to C.R.S 30-10-406(3)(a)all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Non-residential withholding). NOTE: Colorado Division of Insurance Regulations 3-5-1, requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that First American Title Insurance Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction. Pursuant to C.R.S. 10-11-122,the company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from • the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 3-5-1, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. • D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the First American Title Insurance Company ALTA Plain Language Commitment(2006) Commitment Page 6 Commitment Number: NCS-494229-CO • requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTE: Pursuant to C.R.S, 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. NOTE: 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. • First American Title Insurance Company ALTA Plain Language Commitment(2006) Commitment Page 7 Commitment Number:NCS-494229-CO • SCHEDULE A 1. Effective Date: June 27, 2011 at 5:00 p.m. Commitment No. NCS-494229-CO 2. Policy(or Policies)to be issued: Amount a. ALTA Owners Policy(06-17-06) $None Proposed Insured: None b. ALTA Loan Policy 1056.06 (06-17-06) $None Proposed Insured: None 3. Fee Simple interest in the land described in this Commitment at the Effective Date, is vested in Alice Pehr, as to Parcel A, and David W. Pehr, as to Parcel B. • 4. The Land referred to in this Commitment is described as follows: See Exhibit"A"attached hereto and made a part hereof For informational purposes only: 11222 Highway 52 and 5238 Weld County Road 23, Ft. Lupton, Colorado 80621 Premiums: Owner Policy: $n/a Lenders Policy: $n/a Tax Certificate Fee: $n/a Informational Commitment: $100.00 • First American Title Insurance Company ALTA Plain Language Commitment(2006) Commitment Page 8 Commitment Number: NCS-494229-CO • EXHIBIT A Commitment No.: NCS-494229-CO The land referred to in Schedule A is situated in the County of Weld, State of Colorado and is described as follows: Parcel A: The Southwest Quarter(SW1/4) of Section 1, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, including those portions described as Lot B, Recorded Exemption No. 1469- 01-3 RE-1379, recorded February 7, 1992 in Book 1325 at Reception No. 02277615 and Lot B, Recorded Exemption No. 1469-01-03 RE-4492, recorded February 26, 2007 at Reception No. 3457835, EXCEPT those portions thereof described in the following Deeds recorded in the office of the Weld County Clerk and Recorder: 1. Special Warranty Deed recorded March 28, 1957 in Book 1473 at Page 655. 2. Warranty Deed recorded June 15, 1964 in Book 516 at Reception No. 1438479. 3. Warranty Deed recorded June 15, 1964 in Book 517 at Reception No. 1438519. 4. Warranty Deed recorded September 13, 1967 in Book 586 at Reception No. 1507711. 5. Warranty Deed recorded July 14, 1969 in Book 612 at Reception No. 1534121. 6. Warranty Deed recorded March 2, 1992 in Book 1327 at Reception No. 02279695. 7. Deed of Dedication recorded January 24, 2007 at Reception No. 3450597. 8. Warranty Deed recorded March 9, 2007 at Reception No. 3461165. Parcel B: • That part of the Southwest Quarter(SW1/4) of Section 1, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as Lot A, Recorded Exemption No. 1469-01-3 RE 4492 recorded February 26, 2007 at Reception No. 3457835 in the office of the Weld County Clerk and Recorder. • First American Title Insurance Company ALTA Plain Language Commitment(2006) Commitment Page 9 Commitment Number:NCS-494229-CO • SCHEDULE B - SECTION I REQUIREMENTS The following requirements must be met: a. Pay the agreed amounts for the interest in the Land and/or the Mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. The following documents satisfactory to us must be signed, delivered and recorded: This commitment is issued for informational purposes only and is subject to further requirements and/or exceptions upon disclosure to the Company of the proposed insured. Liability is limited to the amount paid for this report. • • First American Title Insurance Company ALTA Plain Language Commitment(2006) Commitment Page 10 Commitment Number:NCS-494229-CO • SCHEDULE B - SECTION II EXCEPTIONS FROM COVERAGE Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. • 7. Right of way for County Roads 30 feet on either side of Section and Township lines on the United States public domain, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 8. Easement for Brighton Ditch as established and/or used. 9. Easement for Lupton Irrigation Ditch as established and/or used. 10. An easement for railway lines and incidental purposes as reserved in Deed recorded January 26, 1878 in Book 22 at Page 304. 11. Oil and Gas Lease recorded February 8, 1971 in Book 640 at Reception No. 1561898, and any and all assignments thereof or interests therein. 12. An easement for pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company, as set forth in an instrument recorded December 17, 1973 in Book 705 at Reception No. 1626741. 13. An easement for 2 steel pipelines and incidental purposes granted to Amoco Production Company, as set forth in an instrument recorded January 12, 1978 in Book 819 at Reception No. 1741315. 14. Terms, conditions, provisions, obligations and agreements as set forth in the Special Use Permit • Map recorded October 15, 1980 in Book 917 at Reception No. 1838942. First American Title Insurance Company ALTA Plain Language Commitment(2006) Commitment Page 11 Commitment Number:NCS-494229-CO • 15. An easement for pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company, as set forth in an instrument recorded July 27, 1981 in Book 943 at Reception No. 1864586. 16. Terms, conditions, provisions, obligations and agreements as set forth in the Special Review Permit Plan Map recorded August 2, 1985 in Book 1079 at Reception No. 02019482. 17. Easements, notes, covenants, restrictions and rights-of-way as shown on the plat of Recorded Exemption No. 1469-01-3-RE1379, recorded February 7, 1992 in Book 1325 at Reception No. 02277615. 18. Easements, notes, covenants, restrictions and rights-of-way as shown on the plat of Recorded Exemption No. 1469-01-3 RE-4492, recorded February 26, 2007 at Reception No. 3457835. 19. Deed of Trust from David W. Pehr to the Public Trustee of Weld County for the use of Mile High Banks to secure an indebtedness in the principal sum of$410,000.00, and any other amounts and/or obligations secured thereby, dated June 9, 2008 and recorded June 20, 2008 at Reception No. 3562072 (Affects Parcel B). NOTE: Assignment of Leases and Rents in connection therewith recorded June 20, 2008 at Reception No. 3562073 (Affects Parcel B). NOTE: Disburser's Notice in connection therewith recorded June 20, 2008 at Reception No. 3562074 (Affects Parcel B). • 20. Financing Statement between David W. Pehr, as debtor, and Mile High Banks, as secured party, recorded June 20, 2008 at Reception No. 3562075 (Affects Parcel B). 21. Existing leases and tenancies. • First American Title Insurance Company ALTA Plain Language Commitment(2006) Commitment Page 12 Commitment Number:NOS-494229-CO • SY AV F, I , P rxTC First American Title m� Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future,we may ask you to provide us with certain information.We understand that you may be concerned about what we will do with such information-particularly any personal or financial infomration.We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity.Fist American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utiliang,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other communications to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others;and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.Therefore,we will not release your information to nonaffiliated parties except:(1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,however,store such information indefinitely,including the period after which any customer relationship has ceased.Such information may be used for any internal purpose,such as quality control efforts or customer analysis.We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as tide insurers,property and casualty insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore, we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your information will be • handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to pnvacy issues on the Internet.We believe it is important you know how we treat the information about you we receive on the Internet. In general,you can visit First American or its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the domain names,not the e-mail addresses,of visitors.This information is aggregated to measure the number of visits,average time spent on the site,pages viewed and similar information.First American uses this information to measure the use of our site and to develop ideas to Improve the content of our site. There are times,however,when we may need information from you,such as your name and email address.When i information is needed,we will use our best efforts to let you know at the time of collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond to your inquiry,process an order or allow you to access specific account/profile information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for privacy,we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of"cookie"technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data that a Web site can send to your browser,which may then store the cookie on your hard drive. FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Faimess We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information. When,as with the public record,we cannot correct inaccurate information,we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services,our employees and others in our industry about the importance of consumer privacy.We will instruct our employees on our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthonzed access to and corruption of the data we maintain. ©2010 First American Financial Corporation.All rights reserved 0 NYSE:FAF • First American Title Insurance Company fo la�vK 53k .Psv , 7 • 4 . ._ Cta,n.oti . e'Vv+41ly. il..:d,:iMi.e-»✓L._.t,u�M.W,A.._..,� u.._L..1.e�,�. 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"4'1-'4— G<eG .�. ,4 (f o/ .Cea w- t • no `t au a" ca- of /tea � ufe• 4'� � A. r eWK 640 Raaw..L� rR__. .wa...._FEB 8 1971" ,Dp QQ ° Pmduein so lnala�sa_Colendo Rec.No -�,rygg��8�ya_ Ann Some,R«asdY rb OIL, GAS AND MINERAL.iEASf .2 _I • • THIS Aonaecxt made this 13th de),oa November Ip70,,between • ' -- Alice E. Pehr and William Pehr, her husband I Lessor(whether one or morel.and_ Pan American Petrolei Cgrp.Q atiett.._ cr. lames.wrrNrdserg: Ten and,More - I. Leaver In consideration of Dollars co is— + MoreI.w hand paw.of the royalties herein provided.and of the agreement of Lessee herein contained.hereby gnats.Wares and lets cps preclusively unto Lessee the pury f Invest!Y ling.a ploN pros tong,drllun d Mnlnfl for and produeln{o1Lrp a.other nyaracarbone mshe do..atxlh�N O° -l- e«1°produce, a ^, te s by pr ape.end eD CO s.power stations.telephone lines and other structures thereon w rove,Inks care a(,treat.transport rind own..Id ping el.. a ti h Weld County.Colorado,to-wit: 2f3' ,p lie 1„8 sus empby«a.the followln{described land In_ ti .Township 1 North, Range 67 West of Section is SW/t, EXCEPTING: Approximately 2.37 acres as described in (lead recorded in Book H; 612, Reception :/1534121; approximately 2.73 acres as described in deed recorded in Book 517, Reception $11138519; approximately 3.70 acres and 10,05 acres in two tracts as ea described in deed recorded in Book 516, Reception #11138479; approximately 2.97 acres as c described in deed recorded in Book 586, Reception #1507711; approximately 20 acres as • i 4 described in Agreement recorded in Book 636, Retention #1558h09. oAny operations for drilling of the initial well on the leased premises shall be confined solely to the SWASW/h. xluargnesc. —.TeEem9; WICK In addition to the land above described.[a h ts,leased and lets exclusivity to Limn to the me tent if apeelneally fit~' described herein all lanai owned or claimed br LIsl h 5RedJacene contiguous to or pat of the h lands above particularly described. I r p> eluding ail oil,ga.,other hydrocarbon , de tyl laes. veers.sire a m and NI-I:,ay which awn. adjoin any of said lend..roe rental Pa seen mimosa the land'sly d. gymw this lease 'be d to contan l nether a actually comprises more crime. trxaept calla aela gravel S m 8. t oft.t to tne other provision.herein contained,this lease.hall be fora term a eye tram this date reworking amary terny'1 end d tong thereafter as all.gas.other hydrocarbon.> `�` '.b produced from said land hereunder,or drilling or operations are conducted 3. The royalties to be paid by Lessee an:(al GC oil.one-igblh of that produced and saved from said lend.them to be delivered at we wells,or to the credit of Lessor into the pipe line to which the wells y be connected;Lessee may from lime to time purchase any royalty IIIn its possession.paying the market price therefor prevailing for the field where produced° the date of purchase; lb) gas.including a lneh d gas or othr hyrocarbon ubMnce,produced from Old land and said or Pin pr premises or i th nufacture of gasoline or N products thererom. the market value at the well of o ight of the gas m sold or used,provided th 1 gas mid at the wells the royalty shal e one-eighth of the amour realized from such sale:let on all other minerals mined and marketed,one-tenth either In kin or value a the well or mine,at lessee's election,except that an Ihr the royalty shell be fifty cents le0g)per lacer .Lessee shall hove free of oil.gas.coal,wood and ter from said land, t dater from lessor's wells,far ill operations hereunde. d Me royalty all and n«shall becomputed after deducting any used. a well capable ' ee'producing gas m paying tunes is completed an the.above described land d h shut in,ml tease shall continue in %ec tare period of one Y from the date such Ill la shut In Lessee am assignee r thereafter,and the provided herein for the payment tender of delay `nub,pay or lender w Lessor as royalty,on-or or one year from the dale such well la shut in,the sum of 8100.00 per well.and n such payment or under Is made his lease shall continue ineffect for further period of year.In like manner and upon like payments or tenders ally.made on an before each anniversary of the shut-In ale 1 n 11,this lease shall continue In effect for successive poles of twelve n21 months each. 4. If operation for drilling are not commenced on said land as hereinafter provided.on or before one year from thin date,the lease shall then terminate no to both parties.unless on or betore such anniversary date Lessee shell pay or tender Jpolo r to the credit of Lessor In a r to.Wt 11_tam_Pehr 3380 Weatak7dnd.Avenue, Wesemtnster,-Leto__ ten hank and Its successors are Lessor's agent and shall continuo as the depositor,for all rentals payable hereunder regardless of changes In ownership of said land or the rentals either by Conveyance o b l ae or incapacity of Lemon the.um of One Hundred Eighteen..and 18/100 - - - - - - - -- - - Dollars r yl1 .l y tipdrilling twelve(In months,In like'manner ad up ni he'paymentsn or tendersh annually Ib cmmencement commencement •tions we operations for fuelher deferred for successive periods of twelve 118)months each during he primary term.The payment or tender of rental herein referred to may be made w currency. draft or sherd(the option of the Lessee:and the depositing of such currency.draft or check In any post office.properly addressed to the Lessor or said • ben e.V before rob centvi payingndice,shall be deemed payment as nereln provided If aueh bank foe any auae=-nr bank!should rain.Ilauld°le or he c Hued by ano hevbonk,or fo Y . fall or refuse to accept rental.Lessee shell not he held Id default for 1°11ure to make such payment vc lender of rental until thin 1]01 Gaya after Leswr anoll deliver.t Lessee proper ranble Instrum.ou,n ring a lluo hank a aemnr to Ives h peY- e ts or tenders.The down-cash payment b consideration for this lase ac o ding to its terms d weenie be allocated as mere rental for a period. Lessee may at any time execute premises deliver to Lessor or 1°me depository above netted orplace of record lease or leans covering any portion o mesa e surreendereed.and thereafter to rentals thereby blsurrender he eunderhshalll be redo to such therproporU°u"hat'the acreaeeIlcoverdedfhereby is°reduced byes acid releae or raeasea. If Lessee snap,on obewre any rental date,make a boa fide attempt to pay or de sit rental to a Lessor te thereto under this lease according to Lessee's records or to a Lessor who,prior to suchattempted e payment or deposit.R given Lessee notice.In accordance with the ma f e...hereinafter setamnh.of hie right to receive rental, h payment or deposit strait bear eon in any reg°ruwhether deposited in the wrong ps paid Id persons other than he parties titled herein shown by eL a records,in an Incorrect t. otherwise).Lessee shll be unconditionally obligated to pay to such teams the rental properly payable for the rental period involved,but this lease shall be maintained n the same manner as if ouch-erroneous rental payment or deysali had been y perly made,provided that the erroneous motel payment or deposit be cor- rected within,0 days after receipt by Lessee of written notice from such Lessor of such error accompanied by any documents and other evidence neeer- rary to enable Lessee to make proper payment. a. Should any well drilled on the above described land during the primary term before production is obtained be a dry hole,or should production be obtained during the primary term and not ceas o,then and Ineither event.if operations for drilling an additional well are t commented or operations for reworking an old well are t pursued id land on° efore the first rental paying date next succeeding the refs Ilan of production or drilling or reworking on said well or wells,then this lease shell terminate unless L«see,on or before raid date.shall resume the payment of rentals. Upon resumption of the payment of rentals,Section d{evening the payment of rentals,shall continue in force lust as though mere had been no inter- ruptionits re tat payments.If during the last y f the primry term and prior to the discovery or oil.gas.or other hydrocarbon.on old lnd Lessee should drill dry hole thereon. 1f after discovery year of nil.gas.or other hydrocarbons before during the last year of the primary term the production thereof should sea during, or e last year or said ter from any cause.no rental payment or operations are nereaaary in order to keep the lease in ae during the remainder of the primary term a at the expiration of the rimary term.Lessee Ir conducting operations tar drilling a n ew well or reworking an old well.this lease nevertheless shall continue in force as long as such drilling or reworking ay tlons continue,or II.alter the expiration f the primary term.production on thi lease Shan a e,this lease nevertheless shall r umrt force ii drilling or reworking operations ed win sixty(dm days after such cessation or production: If production N restored or additional production n discovered eau of aare such drilling or reworking operations. ducte without cessation f more than slaty(OO)days.this lease shall continue s lone thereafter a u. gas.other nyamnrbons or other mineral conducted and aslong as additional drilling or reworking operations are h without pneatmn of such drill- ing or reworking operations for more than is loot consecutive days. t. L .at its option.is hereby given the right and power to pool or combinecombine the land covered by this lease,or any portion thernol,as ie nil and gas,or either of them,with any ather lend.ioaae oe tcaaes whm in iasoee's lsdeistentcoveredby or portionandgas,oreither ofwithanywhen it forty necessary or advisable to o d° in order to Properly developandoperate said premises,such poolingInto e u units exceeding rtye la 1 acres.p r eery ee t10%)o orty Ilse acres.for oil,and not exceeding sixes hunched and or I Ho I acres,plus en acreage oerance of ten pr cent tlOP`I of Six hundred and forty heat acres.for gas, pt that larger units y be created w conform to any spacing or well unit pattern t may prescribed by govern- mental authorities having Jurisdiction.Lessee may pool or combine acreage covered by rob.ease,or any o uon thereof,a. ove provided.as to oil oragas in°any one or more strata.and units so formed need not conform m size or area with the it or units into which he mane I. led or combined a her stratum or strata.and an units need wem as in area with gas units.The pooling or r the shall not exhaust the rights any Lessee hereunder to pool this lease or portions thereof into other units.Lessee s oell,exemle inone writing and plan of retard an cast.instrument v r Instru- ments identifying and describing be pooled acreage.The entire acreage w pooled unit m.0 e treated for all purposes exc., he ymve r ryawes.Os N it were Included In this Inn.and drilling or reworking operations there..or productional oil or ea Merino...I the a mPlelian thereon u es a shut-in gas well.shall be considered for all purposes.except me payment of royalties,a u such operations o h production r well m such completion were an me land Cnaered by m6 lease.whether or not the well or el be located Of the premises covered such sets asaser. Inlieu of the royalties elsewhere herein specified.Lessor shall receive from a unit so formed,only such portion L the royalty stipulated herein as the amount of his aersage placed in the unit or hie myally Interest therein bears to me tool acreage so pooed in the parclar unit Involved.Should any unit inally cream hereunder contain less than te maximum number neres hereinabove specified.then Letter may at any time thereafterwn seer be- fore or after production is obtained on the nit enlarge sum unit by adding additional se ream hereto.but the enlarged nit shah event exceed the acreage content heremabave specified.In the event`an existing unit- enlarged.Lessee snarl execute and lace of record a supplemental declara- tion a- tion of unitization Identifying and describing the land added to the existing'u c provid.that it such supplemental declaration of unitization is sal filed until once production is obtained on the it as originally mated.then din such vet the supplemental declaration or unitization_shall no become effective until the first day at the caendar month ea following the filing tereof. In the absence a production Lessee may terminate any lined area by tiling of record notice°f termination. I.Lessee also shat have the right to unitise.pool.or combine all or any part ve the above tle governmental lands withother lands in the same general area by entering into cooperative or unit plan of,development or operation approved by any{ tat authority d,from time to time,with like approved.to modish.Change or terminate anymeth an or agreement and,In such event.the terms.conditions,and provisions of this lease shall be deemed modified to form to the twins, ditions,and provisions of such approved cooperative or unit plan of development or opertion and,par- ticularly.an drilling and development requirements of this Ilasn y or Implied.shall be satisfied by compliance to with the drilling and event development requirements of such plan or agreement`and this lease mall of terminate or expire duri the life of such plan r agreement. In he rr n that m ve described lends or any pan thereof.shall hereafter be operated under y aurae cooperative or unit lace i development or operationwhereby the production the therefrom b anointed m different portion of te land covered by said adde en the production allocates any particular tract f land nest.for paste f and not the royalties t be paid hereunder m Lessor.be regarded as having been produced from the parasol«tract of land to which it k allocated and to any seer tract of land: and the royalty payments to be made o hereunder to e Lessor snail be based upon Pe°ueal0n only as s°allocated.Lessor shah mrmall express Lenny=consent t an cooperative or unit plan f development or operation adopted by Lessen e approved by any governmental agency by exetutng the same upon request nr Lessee. B.Lessee shall have right at any time without Lessor's to surrender all or a onion of the leases y amilea and be relieved f al obligati.n to the acreage surrendered.Lessee Shan have ig at any time during or after the expiration of this(rase r all property and fixtures pi eed by o Lessee on said land,Inluding the right to draw and remove all in When bee by o Lessee.Lessee s will bury all me en below ordinary plow depth.and no well shall beet o hunded Iron, deer a required heron said land without L.sno Lessee agree. .prompny par o the owner thereat any damages to Craps.or imprn b.ranted now or resulting from any °Peat one or Lessee. 6ai6.26 • "RIDER The Lessor to have gas free.of charge from any gas well on the leased premises for stoves and inside lights in the principal dwelling house on said land by making his own connections with the well, the use of said gas to be at the Lessor's sole risk and expense. _ ___ 156188 60og 640 ..la o TM rlgM1is of either ofpartyiso hang d may be assigned,In whole I part.and als,or provisions hereof shall extend to the het successors a e Arnie t 11or EIMnWmt a ightsy°f Luc e n°cL 18n II the ownership of ph of theland. any Interest royalties,therein,however h ll 6 accomplished. 00neLaaeeeegY until Lesseeeshall • of said ghts,in event oflth a=sigt el this al all recorded Instruments, as to segregated gateedci portiona dltl(aid'land all on ther Yt 1 ayebl hereunder shallaffect Pab°ta io other lease- hold several hereunder. se s ey heowners h ehold In ease ablyLesseea alit 10 I in whole in s part, d shall be 11 etl t 11 ne shall not with respect to the assigned,por- tion or•portIons arising subsequent to the date of assignment. lease shall All be terml ted,In whole Implied covenants or 1 of t, lease Lesseeshall held liable in det to e ag for failure to comply-th Federal and State Laws.Executive therewith,Orders. mplia is p e lotions nl d by.or obtaisuch nailure is material.failureresult of,any Law,such ucht otherRule beyond elan or if prevented of entedeby an act of Cod.of the public y.1 bo disputes,inability to or other pred I On c^fmdPforforcele�thff tinues In payingqt until LesseeUantities o d perrmitt e term of this lease.oll or ing or rewopr dug eohydrocarbons he1ott,gas,other tcontinued ection, y as hydrocarbons, r o herein mineral provided.his lease thall neverthelessl ,considered as td ng Dereaafffttises. eer t en such pr eon lion r p 'tent Lessor saideitherwarrants whole or inpart. Ban the event Lesseeld and andso.it agrees ell that he sub Lessee led toe6 suchts lien on with thearge iggyh in t any enforcmortgage. same and title.It is`aaand dthat if Lessor accruing shasss interest sai d satisfying l than thelenUse le lsimple esent of teatee,rtenrlNcroy lti tanddrre`al to be paid Lesasor shall be reduced proportionateiy. All of the provisions of this lease shall inure to the benefit of and be binding upon the parties hereto, their heirs,administrators, successors and assigns. This agreement shall be binding on each of the above named parties who sign the same,regardless of whether it is signed by any of the other parties. IN WITNESS W EOF.thls Instrument is executed on the date first above written. alt .eiWit. Alice E. Pehr ...._.....- Wi1].iam...POT Social Security No. Sooial....Se aurity.....Na a..... .. . STATE OF COLORADO. SS Colorado Acknowledgment County of.. Aoq AI,5 -• t The foregoing imtryment was acknowledged before me this w .day of December A.D., 19 70 by Alion...E.....Pebt..and..kalliam...Behr �':'Mk'Na• t�' 11...,3,._ •. My 1biU5 y I' aul ...�ey._I_4_�.is (._.... /1 .. -.-....° Notary is . N: ga �,a.J,.s1Y_ l_�� 1. • • •. C STATE;Op'COLORADO, ' ' • i -• . , 1 - `SS. Colorado Acknowledgment County of day of ! The foregoing instrument was acknowledged before one this T A.D., 19 by . Witness my hand and official seal: My commission expires . ..... .. ... . . Notary Public. , -8 I E 1 I I I. S iI.4 ? , tx 6 is .. ; J gam ; t IR s i N. : R.- t., , :1Z col �i o c It 81 a el D Q a° o i, 2 'J [d�{1 "a W o d 4. Z ° , O .nS �9 P. d ; W �E 5 .0L • o z 3 m 8 tb jRecorded ot�F octmck� M DEC ],7,1971 1, q°°ik 705 1626741 4141 •4414 e/n Ra.Na ._„_,.._ Ann Simmer,RecaAar COLORADO r Right-of-Way Grantor-1 KNOW ALL MEN BY THESE PRESENTS, that William-Pehr_and Alice Pehr. husband and wife , Qf of the Post Office of _ Westminster - , in the State of____ Colorado _ I; - '' hereinafter referred to as "Grantor" (whether one or more), in consideration of One (81.00) Dollar, to — them , in hand paid,receipt of which is hereby acknowledged,and the further consideration of M. S 5.00 per linear rod, to he paid before thelfhat pipe line hereinafter specified is laid do '� .C hereby grant and convey unto PANHANDLE EASTERN PIPE LINE COMPANY, a Delaware C.orporationn{ having.a 0 drug office in Kansas City, Missouri, its successors and assigns, hereinafter referred to us "Grantee," t-oot-wagy oo lvE on lay,construct, maintain, lower, inspect, repair,replace,relocate, change the size of, operate,and remove a pipe line m bpd[1u0lntJmmClcl®tkAgtchilIkAlaltftOpltxbRptlObjjlMgur drips, pipe line markers, valves, launchers,receivers, cathodic eI r. equipment, test leads, and all appurtenances convenient for the maintenance and operation of said linet and for the ;! n transportation of oil, gas, or other substances therein, ender, on, over and through the premises hereafter described, qI N and the Grantee is granted the right of ingress and egress, to, on, from and over the following described premises for _.,:I '-' the purposes aforementioned in the County of Weld ii ..� P P in the State of Colorado, to-wit: That part of the Southwest Quarter of Section 1, Township 1 North, Range 67 West, Weld F2County, Colorado, more particularly described as a strip of land 50 feet in width, the centerline of which is described as follows: Beginning at a point on the South line of ,' said said Southwest Quarter, point being Easterly along said South line a distance of % c 820 feet from the Southwest corner of said Southwest Quarter; thence with an angle of k 82 Degrees 44 Minutes to the said South line and running Northwesterly a distance of 24.00 feet to a point; thence turning an angle to the right of 73 Degrees 07 Minutes and running -1j a distance of 267.00 feet to a point; thence turning an angle to the left of 54 Degrees 51 Minutes and running a distance of 774.00 feet to a point; thence turning an angle to the left of 26 Degrees 30 Minutes and running a distance of 61.00 feet to a point; thence turning an angle to the right of 13 Degrees 36 Minutes and running a distance of 50.00 feet to the end of line. Z ;i 'CO HAVE AND TO 1101]) said easements. rights. and right-of-way unto the said PANHANDLE:EASTERN PIPE ;J LINE COMPANY, its successors and assigns. • TEkxuhbcsiiiltieoxl)csifxulixxwtxhitmacbax6mdowouceodtmt mta oxxxx xxxxxponfefilairoals tit8gg:�r5yWWWF f} foishc§mttlt clikxxATdaidc orkito 7noctothonxx 6mrytyT�xxxonnowfl ud8:pigtwcNxxadiff a ra ufaairaeg 9 t kaitsdnisbolaisoosonwoofscrainksbrsxmlictbccdfolooliccrxdomispanotoucor. All pipe installed hereunder shall he buried a minimum of thirty(30) inches. Grantor shall not place anything over or so close to any pipe line or other facility of ii Grantee as will be likely to interfere with Grantee's arress Iherein by use of equipment or means customarily employed in the maintenance of pipe linex nor intentionally cause the original cover over any pipe line to he reduced below ::i whichever is the greater of a minimum cover of two(2)feet or below die mininent cover required at any time by any up- 41 plicoblc pipe line safety code. All damage to growing crops, drainage tile and fences of Grantor occasioned by the )' construction or repair of any of the facilities herein authorized to be maintained and operated by Grantee shall be paid by Grantee after the damage is done, said damage, if not mutually agreed upon, to he ascertained and determined by Al three disinterested persons, one to be appointed by the Grantor, one to be oppoi nted by the Grantee,and the third to be sy chosen by the two so appointed. The written award of such three persons shall be final and conclusive. SWAM NNA4cM200MODIKUSA c*10t51AMif) x1QcXXISI uWfi≤WLTpl4if xtENN Mririxlg7GXP9. J batlbm7fxtM19AxXAdn4MMdcXTK7IxQ4i�CMifd(tY}c7fPF3�ix7fAlM'YfiF7FXM7ftNC In the event the pipeline installed upon the easement herein 4ranted -;; does not carry, transfer and convey natural gas for a period of 1 twelve (12) consecutive months, then in that event this easement >ll herein granted is deemed to be abandoned. Payment of all moneys becoming due hereunder may he paid to William Pehr and Al 1 re Pehr W husband and wife at 9980 Wart 72nd Westminster _Colornrin f .(1 This Grant shall be binding upon the heirs. executors, administrators, successors, and assigns, of the parties I hereto. and it is understood that this Grant cannot be changed in any way except in writing,signed by the Grunter, R and a duly authorized agent of the Grantee. kl This instrument prepared by _ C. A COMM NY P. O. Box 1348. Kansas City,Missouri 64141 gi t! IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on this __..// /w dny of 1) ieeZ. ,. 9t.t.,i ,A.D.. 1921. F i ri Willia • Pl -_ .— Alice Pehr P `�4 BOOK 705 1626741 HUSBAND AND WIFE • STATE OF ( . -i-e,20) ) as. COUNTY Oh' 7--J-.L'.,,..• ) The foregoing instrument wns acknowledged before me this // day of . to by 1€1/ y// A 4 Pe A /'t and A lice Pt-hi,Q Husband and Wife. :..OOIUJ do NOTABLY Cd�l'' / Mearl B. Libby ,• •uO j�l'/it My Commission Expires ( c. at. f 9 7 '...!?"44-:: b INDIVIDUAL STATE OF ) )se. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19—. by NOTARY PUBLIC My Commission Expires 19,- • 'y Iy'n„ Li .. Np . � YN c O p4 t6r b ao 01 P ro�O6v � w , .a w O . o At toot-819 ..Recordedat a • ea= 'fa,:..M.JAN 12 1878 7</z..sr Ne....1'741a31er7_.Mary Mn feuerstein.Recorder • •r -2-I • RIGHT-OF-WAY AGREEMENT • FOR AND IN CONSIDERATION OF THE SUM OF Ten and More Dollars (S 10.00 and more 1,the receipt of whirls is hereby acknowledged,. P Alice Pehr 7, William Pehr VS AI tV 6• L Lod sek .-i hereinafter called Grantor(whether one or more),hereby grants unto Amoco Production Company,a Delaware Corpora- :4% - don,its successors and assigns,hereinafter called Granre a right-of-way to construct,maintain,inspect,operate,replace, change,or ttn:ow; — --_ — r` 2 steel pipelines N • rn in,on,over,Lt lhraugh the following described land of which Grantor warrants that Grantor is the owner in lee simple,situated in SW/4 Section 1-TIN-R67W 6th P,M. Weld County-MN State of Colorado and hereinafter further described to-wit: N,. A parcel of land twenty-foot (20') wide permanent - fifty-foot (50'1 wide temporary beginning at the South boundry of the SW/4 said section thence Northerly adjacent to Weld County Road 23 Rip',It-of-way a distance of One thousand seven hundred and fifty feet (3:70'1 more or lens to the North property line as it now exist. • • s h^ h f •natess and e r t .%titneresse I-y WA C77^• hf d,c rights bra..te.f br d:,rr - vr. Grantor shall have the right to use and enjoy the above described premises, provided, however, Grantor shall 44, not exercise such use and enjoyment in a manner that will impair or interfere with the exercise by Grantee of any of 4k- the rights herein granted.Grantor agrees not to build,create,construct,or permit to be built,created or constructed, • any obstruction, building, lake, engineerqg works, or �euh(/ structure over or on the right-of-way herein granred.fYC9 'Dl4cisnS, 6 (G✓fperi-r 4Nn OADS. f"pit- The consideration paid by Grantee and received by Grantor includes full and final payment for any and all damages to the land,growing crops,pasturage,timber,fences,buildings,or other improvements of Grantor resulting from the exercise of the rights herein granted during initial construction end no other damages,rights or remedies shall be enforceable,collectible or available to Grantor and Grantor hereby accepts said consideration in full liquidated damages pad relief and hereby releases Grantee of and from any and all such damages and waives the right to collect any-further or additional damages in any way arising or resulting from the exercise of the rights herein granted during initial construction. Grantee does agree, however, to pay for actual damages to growing crops, pasturage, timber, fences, buildings or other improvements of Grantor resulting from the reconstruction,replacement or repair of such installation after its initial construction except Grantee shall not be liable for damages resulting from keep- ing the right-of-way clean of trees, undergrowth, and brush to the extent Grantee deems necessary in the exercise of the rights herein granted. It is agreed that any payment due hereunder may be made direct to said Grantor or any one of them.The terms, • conditions, and provisions of this agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs,executors, administrators, successors, assigns, and legal representatives. All rights herein granted • may be released or assigned in whole or in part. G9Are a *Veer c nvsrtacT A p$-b 4ppeose fa." IN beg e at v r sv " tvtrt -IC'knot ' hwurrz� A Keys Eel v a e! +' f clL 7R &Ce w e..j �� L-aVs�uT �cc✓0.4 • + r4&S'o web MtL Oa- 1�UOInc e- -Fence-- EXECUTED this a7 t _day of 1/r CtM ME s2 , • (Louisiana only) Signed in the presence of • the undersigned witnesses: Willi Pehr FORM79 a]r A ice e Pehr 1741315 AHva5:e _ 3-2 . • -vait • (TO BE USED WHEN THE LAND A LOCATED IN TEXAS) THE.STATE OF TEXAS 1 -- COUNTY OF - Belpre me,the undersigned,a Notary Public in and for said County and Stare,on this day personally appeared and__ his wale,known-m nie to be the person-whose name subscribed to the foregoing lantern=and acknowledged to one that:_he_executed same foe the purposes and considerations therein expressed. Given under any hand and seal of office rhos -day n(___ A.D.19 Notary Public in and for - Covert,Texas (TO BE USED WHEN THE LAND IS LOCATED IN LOUISIANA) STATE OF LOUISIANA —� PARISH OP On this day of _ 19—,before ine personally appeared__ ro me known to be the person_described in and who %eDnnl the foregoing insnenneni,and acknowledged than —he_executed it as—_ free act and deed. Notary Public in and fur Parish,Louisiana • STATE OF Colorado --� COUNTY OF—We On this_iltdny of DFIFus bra tit.before me the undersigned Notary Public in and for said Cauory and Stale,personally appeared_ Pillion Fehr sod g W�'�� nrb�RN f W'r:be I p sms_xM1me nameL�Si-- pppsrte yuypii r end acknowledged that they _ wairedsit tats-;tae ....J• free vulammry are and deed for the purpaes and consideration therein mentioned !,'19."11u i ;e' ¶t Zn"asy) ad-in I ftkikaYtkatti anti tali in seal onthis aia1 day uf_Detirm?SCR ,l9M. $* My mm sets espies: neer. Esther Navvy Public • 1 N I d I o I I n-k#. • g 1 cgI 14JI �o ; Qi, I F I I I , . . is p,c sci _ - d0. / sm'fe P /Y.i4WJ 9n4Z IN,A6>4/ t �„ Si 4 N/yhwa� 52 6dp®r"ev;sp ': _ iiST :1 ree6 •6::::: . „I % proia/Permit f • 0 0 - Inc I I A) i e 4 rR Sea It?:I'-/ao' • I 3 j • 29 ,g1 9ua,en its ee 1 ---f _ lib 4.03 . _., - -- I I OE I,. _NT STANS0S t. The pemitted uses on the hereon described parcel shall he 1lmtled to a boarding kennel and all other uses permitted by right under Section 3.3.6 or the Veld County Zoning Meiotion. The location and size of the per. • of tted structures shall be shows harwn.- The talkie nwbers of animals - . Permitted shall be ten(10)dogs and thirty(30)cats. -2. The special Use permit area shall be maintained in such e moneyr' YFoW?.TIPs-. to prevent soil arouses. fugitive dust,and the growth of Doxious weeds. A TAM,CT OF UP IQCATEO ID THE SWIINEST pJfTE7t or grr110 3. All phases of the operation shall comply with all County cod State Health 67 VEST"0r THE-60 P IWCIPA411E91orM-4YA09dIWTQ F0L0M Standards end negulatiens swathing to air quality,waterquality,noise 0•E�SC �ts AS FWlDy5 - emission,and sanitary disposal Unties. rr.t!Iiluis.IHE.{ TIC G.IIIER Qnil{I4tor SAID,SECiroil THFMF Tama. '��"ppFF_Len sun 1,�St 10 cla 4. R boarding kennel!eat. ty shall be subject to inspections by the void l 1W 1H1111. To-lift*0E POINT OF Vf61MIAG;: County Health DeWrtmeot. m F 1111.10 tttls Il 00 iEfT " iNF IRST 49 eO 5. Access to the Special Use permit area!hall be shown herein, All accesses -THEM EASTN 41 DG EEl5TI - shall have the approval-of the Veld County-Engineering and/or T FEET Off(0.04 5A1VCTWE RHT of etsdemii¢ -66 the State the r.t.Departmeet. All accuses shell be cans reeled in accord- _taw my(6,014 ALMS)Dbk Oil LESS- ante with the nroelse Ueten and/or raga kte is a$e field Eponly_Enulneerin9• Department and/ai ta73titt-s1n,iry Department - - _ t�d6�'.-Pair 6. A buffer of landscaping shill be minta(ud Mende the haul facility en! - : S FO 1 'NS/d illAnr k*11g rem3�mey.wPansioN IN State glory y 62 to prevent the animals from stewing activity associated with gpq€ D jll ' S I,�lp ry: • J The SNelal We refit shall be limited to tbe plans e6an Mrgp9"apa 6oversed tittM gye≥ eSGndddi_stated aMve and ail apgl cable Wll.[pWty / ^.e `d- -, _ 1;e1Mi Hfl 4ylhtlonf t ilia pYin edbr�`"i t —sue R & -a ;.%m' �- ... . T3`�m 'y q, s'=. t::' r s iy • ��3 9 y,t: ic_�'44-4: -h -1si'Ja �4s . it '`,Cr--;-- _ 3 it ' ''''''^'I :S. K. h'eR %s N ..zi eF.A kf- rk '�'^'ai'I -^ Til r+s. f,-. . abLlrzasg eart+S!! ' T 3t`r / ar .a- 4?. a .._ ?.�, i I S P h.l �_dwl1+# y vi r••u ` y i =y yt 3 1::& r= 3•-.r uj w' v aXi.'."' t`' ,.^ ;: auk fa _y '-, scot 911 3oc 7 OCT 1 c fit 5912 Cents.Sr ! ! 2,L.a.28y, 'I^- 1 r;. ./ . ( i 41 �• r.m,/ em,Rsu II . it I Ye I P, n 1 _ A II I 1 Rrfl t f IS 11 / I, ti )11 1 Es s. }i..o a Hm ..zz •11189 `l ,P"^ A893. :,'' e-A4aa r9 W/aa4/ l • c/496 479 rT A'e �II Il i' ,:i. a'^,^,'5 R.4)1v...OA Y.H. :'. 1 ;'l S'. ii ? I I{', A 1113 y II o alp Y 1 �l 1 wrr f1 ✓ l+iii... - -afis'� IYI ♦ w .. • � 1 �" iF"` b �k1' P. f�Ygp .. I I� •f � 1 , IT .I- Jj} Y9 --/ 111 `Y;e— I ists Pc if) Vicinity Mop SFco%T /'•6010' a Inc/:ee+e,R.,e ce J DESCRIPTION WATER OF SECTION I,TOIISRIP 1 110Rn,,RAISE D GUMMY,COLORADO, BEING MORE PARTICULARLY ❑IWI I,TIERCE REST ALONG PIE NORTH LINE OF 51.50 FEET: T OF BEGINNING; .[BEG,MI y, 110 T ACI a LAW EOITAial ccorlcIrlrt BOARD OF COUNTY COMI 51EIIERa CERTIFICATE SUPERVISION,1X15 PLAT MID IPTION IRIS IS TO CERTIFY THAT ME BOARD OF COMITY COMISSIOIIER'5 WELD COUNTY, COLORADO DUES liunwf a.S-0o A,:dM County CVwlopmen!SMm.la•e e IP HEREBY CONFIRM AND ADOPT TIII$SPECIAL USE PERMIT ARO DEVELOPMENT STANDARDS AS SNOW Rfl/•/'80 Th, St F CM* 66 MG DESCRIBED IIEREOH TIIl5 , TO: _ •1980 1JICRAE S. SHORT, INC. 1 a °°16 1+8 ATICgT ii i 1-._. 1421 9!M1 AVENUE GPEELEY, COLORADO OOWi ♦t e 9 9 W C —+[ � _ Telephone 350 37 ° s 01 1 - :;3 Special ass Poemfl- Fir leetroei Si _ _ x>�. _� CoeWee/+rips 9uaf»w i rtf Ct .'er of 1st, r Actra-RTJ47FW+WB la, '�—' c 0„p f Ake-4h,ROT* 6Y Ker..el'-fi� _Ana Eaaz sasdR+oEFOR ': } TT'O p s,#y _CD .. zit he mpg „s / A�- S A �1'1IO M+' 1 e -* _ 4Y F -wmu ' 6 4s a x -rxTM ?YAV'he y ,, po r..m..NA' - .: .s Ems' •5 I&-:' .'�.T 3i . .a-,�--; .a:Mm. "',— ' _ _ 7.N I 943 18c458ft OL 2 7 19I BOOK RECEPTION DATE) ,8. TIME TIME /•S MARY ANN FEUERSTEIN, Clerk and Recorder, Weld County, Colorado TOLODADO 2,75 Right-of-Way 1Grant • KNOW Alai, MEN B) THESE PIHESiC\'IS. Mat — William Pehr and Alice Pehr, Husband and Wife of the Pant Office of Westminster _._ in the state of Colorado hereinafter it hared to as "Grantor.. Inhether one or morel. in consideration of One Dollar(SLOW, to �ttem hand paid,receipt of whirl, is bereb, acknowledged.and Ito further consideraiio» of c 30.00 _ per linear rod.to be paid before thefXKpipe line hereinafter specified is laid do o hero, grant and curvet mita PA \\Ill li 11SI FIIN PIPE I INE('O111 AS\ a Delaware G rp ratio,, havin an officer Kans ', Lri,. Vissaari. itc..rr e nrin.., g hereinfle,referelII ms maim, e• '%/nPaTpo'ISLI II'Ve ho onstruel. maintain, Inure, inspect.repair.replace,X.,X1XXXiXXxXXotxqoeniMODX. operate,and remove a pipe line 40RX1XKXKiXK•XKXHISXXKAMNSKXM'•KMDIXXrXX1XXXXiQkkki pipe line markers,SO4XK9IX9dXXKIXKKXdkXXX16lN(X•XKKQd9 r 'XKufind•IIX tell lends. and all .ipparteyrmress .-nnrening for the mainlenonre and operation of.said IineX and for lie Ironsporrrtion of XKX gas, of mher/rr kilcrMa-s therein, ender, over rr. and thrmigh the premises hereafter described, n fr r andpremises for and the C'r tponiedit right f ' e.x and egress. t over the Following described d rhe purposes afallaircatiorierl ill die Lawn; of Weld _ it the State of Colorado.tared: For legal description, refer to EXHIBIT "A" attached hereto and by reference made a part • hereof. Should Grantee discontinue the use of said pipeline for a period of twelve (12) consecu- tive months or remove said pipeline, Grantee agrees to execute and deliver to Grantor, his successors or assigns, a proper release of the right-of-way granted herein. Ingress and egress shall be confined to the above described right-of-way and existing well road. No roads are to be constructed without Grantor's consent. TO HAVE \\I) To IIo1,1) .a of ou,e mrnts.rich...anal right-of-oat note ihr said PlNIIANDLE EASI'RFIN PIPE I.I\F CO11i'1\1, its su„css'ns and a+swot X;AKKI(KKrXX0IXKXKK'XXNKX•XXXXKXX'KXXIOMXINDIXIAXKXXXXXXXXXXXXKKXKtX'Xd(K7(IKXKd(IXp,IF'XK0XWXdOtk XX0XXXIXXXXXXKIXK4 OXWX•XX'XXXXiXXXXXXX.XX•XXXKXXXrXXXXXX4iXNXIXOWNXIIXXIXXXIMXKXKI(XNNINNNONANaXXNX.MM XAXX,110Xf4XKKXX X,X XX X4XXX htXXX9fXXXAXXOINXIXKIX,X,XMA A11 irrr installed heremaler shall he buried a mini: • ;limn of OXi•XXXlf1 DC X-( WOt d hllrim :onstr sot Mingcloset pipe line rollerfacility of Grantee nte.� as will l like') t. i ucr(r r a rill Grantee's iii a r or ai reaS therein ht nee of equipment or means customarily empinted in the surteillam e aiF to is lnten. nmro of pipe IineX not i tcniionaii>. .c Ike original cover r',,over ant pipe line to be reduced hei „hit Lacer is the gre,der of a minimum cover of two(21 feet or below the mini- mum cover required al 'err tine ht ,rut applircd,le pipe line saL•n code. all damage grow ing sing mops,drainage tile and fences of Grantor nr casloned in the .onsiivrtk,, err repair o1 un, of the facilities herein eutlrarized to be main- tained and operated h, Grantee shall he paid b, Chrome after lire d,unnge is done.said,bung,. if not rim tuall'agreed upon, to he :mecrmbtrd and determiner'In duce dislnterr,ted persarra,nne to be appointed ht lire Grantor, one-to be appointed by the Grantee, and the third to be choser, lit- lire too so:minimum].l'hm ,mitten u,cnrd of such three persons shall he. final and conelushe- Grantee shall maintain the pipeline and fill all ruts, holes, or sunken backfill caused by the construction or maintenance of the pipeline. Payment lit all am -,her•uaing due he,aaedr,,,,, hr. paid r• _LliLlianl-Pehr and Al ire Pehr at 3380.West 72nd, Westminster, Colorado This God shall he binding upon the heir, ever-arra,. ndrorni,trators, sue ees.ors, turd assigns al the panics hereto. and all rights herein granted. o of thean separarely. n..r, Lo re leased w assigned in whole. m in part. It is or unde,storl that 'his Grant cannot hr changed Iri an. r,.,, r:orepi in aril in g. signed b. the Grantor rind a duly authorized agent of the Grantee. This instrameni prepared by G. R. Jenkins P.0. Box 1348,Kansas City, Inc pea cr ) )hseanri 61141. PANHANDLE EASTERN PIPE LINE COMPANY, also having a legal address of P. 0. Box 127, Brighton, Colorado 80601. - IS WITSF.SS WIIFIiL:OF. II Cr,, t Irate .unto set their hands and is this —.__-- i of _— U dam.0.. •vq it . -2�C 'i`c 2c..yt ',et L` Will ism ehr • P ' .Z Q '1' Alice Pehr <. RCcorffn'S M8'd0nln:tIPA Rrtz varaf t'RESCIIT nr n r It:+i rr,e -,S'Rr.''-(m iS Po V.Z HI.000URI. g4rt 18&4586 ., . BOOK.......... RECEPTION . . .------- _.?-1 • ACKNOWLEDGMENT FOR HUSBAND AND WIFE STATE OF COLORADO 1 ss. Mid, 1 COUNTY OF Le-tP 1 77-4fy The foregoing n/ instrument was acknowledged before me this / n,day of ?e 19 !1, by al,2QLet-rzU e,22. _. and (.LL'�t.CC) I/// Il/ , husband and wife. 4/ � �Ltti-li Lee C— .2 - (3 ' ROTARY PUBLIC My Commission expires: __ C. c�A� /(O S ACKNOWL.EDG%IENT FOR INDIVIDUAL S'T'ATE OF COLORADO I COUNTY OF 1 The foregoing instrument was acknowledged before me this ,day of —. 19 by NOTARY PUBLIC My Commission expires: - - -- • ACKNOWLEDGMENT FUR CORPORATION STAVE OF COLORADO 1 1 as. COUNTY OF ) The foregoing instrument was acknowledged before me this __,day of 19 by of corporation, on behalf of the corporation. ROTARY eue.,c My Commission expires; t_ t— W 0, a k r r Y U N i of ii re n �_ c eI BB.I w u o a • v -5 _� CO W BByy X li LL 2 - E .Z .4a (71 ^ w _ ..1 __ „comF '> '- Z 'oia ! C , n W i •C D •' 1N645HG BOOK 94? EP710N...... .REC ._..- 3 EXHIBIT "A" A strip of land 50.0 feet in width situated in the Southwest Quarter of Section 1, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado, said strip being all of that land lying between lines parallel with and 25.0 feet on each side of the following described centerline and said centerline prolonged: Beginning at a point on the West Line of said Section 1, said point being North 00 Degrees 00 Minutes 00 Seconds East, a distance of 1294.18 feet from the Southwest Corner of said Section 1, and running thence South 89 Degrees 32 Minutes 06 Seconds East, a distance of 60.10 feet; thence South 01 Degrees 59 Minutes 01 Seconds East, a distance of 57.50 feet; thence North 87 Degrees 41 Minutes 35 Seconds East, a distance of 591.20 feet; thence South 04 Degrees 54 Minutes 31 Seconds East, a distance of 269.40 feet; thence North 22 Degrees 39 Minutes 20 Seconds East, a distance of 516.70 feet; thence South 02 Degrees 24 Minutes 06 Seconds East, a distance of 82.50 feet to a terminating point, said point being North 975.24 feet and East 1191.78 feet from the Southwest Corner of said Section 1. • /1 • CD CO R- 1 • 1 - K is (.6 1 . h it i k. / i w t\ 7r -KiA y��• a 72 . - I 1.! 1 y. 1 j, s M i -. • q g7 - d$£p a" l ,_ H ilk 2 2.il.et $s' ° aE42,1 h °a Si $ ohs $ t ^'gy$ I gffi g'4a M W-1g$ 'i �1a a°tP$ t-I 1gsa e x g $.FC 8s ° E et ; aaa .3 xl d₹ age Egggs �$t ¢ x $ " A ..g° t,i a 5 -8 " x $ Ftt tt!t! $1I I�18 � 4 it;g s°$r ":12 Y }hit' g B a € a B r 4', .€ , a _ '4 — tas. % t$ E$3° 0 I. c ow t fl as i'l ,va I' W. € „1g)° „ .T$ € .$ 1-„,'RA' 9asa° g A . gg , ° t a 4 tg li r\t�pgd y tl , 7 i .� _oo erd ivo. /'5nMSm•JS' w I0 u 4 N L , -g d I. ` + o° a6 till et 0 �I C).2: 3'�` E.: c: O) �- W W e: pt9 M (3\c, Z~— b iM .Y 0 S �e 1n,. _. • Wrc t O SQfl N o 2 i o $: t4 Q �Q < :� ,� 8 0 , 5 yy, g d'8 CD d~O a ,8 i '�2 c a .8 ty E a 6 3 r-, & ti �g o F i i� 4 �b� l 6 I c u `�w ,u B m Q a u $ z ° A i--=, w a II,�I 6x@g U x1 ! :!! ' `' _, ar „� 3F` • 17950 1/1 . N • E e a ni Qom , eP. p d Lig _ k Qz z " Y''7 x r ,ngE i j! t h ',' “.1 k C i t € S 3S b :,F 40 f g F Ca Y ; 3 R➢5' g I y : V' f. ¢ e f 9yi PO i E kf ] f �` E -i 1cf H a P E.� ] 1frf51f4f 5.:E755 P}i w C I` "' c F 0, t ° n .EEO " L',1401.; p 'E."y S°" XO6 ng tut,''t,p i .PAO > i E Yt 38 3 € 1 k E m. N3 a€ t '.71 • i s P^ 511 f " x r ap ! EWE a e$° W Z.c g 5 .75 f12 k i b. f 4517375 7q Ce6 S fk i 9 € to z U L Li5.4f. Lb" o l e nt �t EC k r ee w e t. e e 'S B p m E ifr " S .E E aF E" r 1'2 r E zE 0 fl w , Wt...,. O y 4 k 1. ₹ -I ! fi f, f,t, RF e� YN _ mfr U y,e h 3 Ee ui f xsE.s B =5.5f,�� € ' n m f o f3 d Y 9 i6 �Y !n f% .; E Og !1 tF1 , 3 [ fL 3 F I W I ' .i -p. �k iY Iat ti. “'; _ 0 4 P 4CFfi tt 6 L^ •,a t .f k _ .. _ - -' t .OSFt Y x i P B s £_ a _ 51 705177515 if-5500.15E 75 CD 1E V;;;O7.15;f37H.ft:5457;if ul C c u k E_; b ; " " s: i �. s W F� " 50.51 . �z s.s CC 170. 111C4417011=4114.77-5°cE1 54 Hr iik I,: f,f1 f4 75E f. ' r = 1 y ,F m� ' VI a °� n £ k Fe ° 5 6' y :Zit 14 d f E o f — S Z F " -4 1 ':� fi .5%_k ;. ..'II...,. . . V ,„ [� ,FS k • Io ir- i WI `ss - L_1 - I� In O I 3 ix 0 f w } ," Cr' 1 t ` i 3T. T¢ 302 ₹( No; ;1% Os` g 8v S S^ Jf L .r �_ O U 1 . C.CVOb V^OJ -- waft �W' y M k ₹ • 4 „ r 7 g i _ $ e� .,^�. 1 Ce" eRecorded in Weld County,CO Doc Id:3562072 06/20/2008 12:00 P Receipt#:7364614 Page:1 of 7 Total Fee:$36.00 Steve Moreno, Clerk and Recorder • RECORDATION REQUESTED BY: MILE HIGH BANKS GOLDEN BRANCH 430 INDIANA STREET GOLDEN.CO 80401 WHEN RECORDED MAIL TO: MILE HIGH BANKS GOLDEN BRANCH 430 INDIANA STREET GOLDEN,CO 80401 SEND TAX NOTICES TO: MILE HIGH BANKS GOLDEN BRANCH 430 INDIANA STREET GOLDEN,CO 80401 FOR RECORDER'S USE ONLY CONSTRUCTION DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Uen of this Deed of Trust shall not exceed at any one time 4410,000.00 except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated June 9,2008,among David W.Pehr,whose address is 7880 Marla Street. Westminster, CO 80030 ("Grantor"); MILE HIGH BANKS, whose address is GOLDEN BRANCH. 430 INDIANA STREET, GOLDEN, CO 80401 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");and the Public Trustee of Weld County.Colorado(referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration.Grantor hereby Inevoeably grants.transfers and assigns to Trustee far the benefit of Lender es Beneficiary all of Grantor's right,title,and interest in and to the following described real property,together with all existing or subsequently erected or affixed buildings,improvements and fixtures;all easements,rights of way,and appurtenances; all water, water rights and ditch rights'Including stock in utilities with ditch or Irrigation rlghtsl:and all other rights, royalties,and profits relating to the real property, including without limitation at minerals. oil.gas. geothermal and similar matters, (the "Real Property")located In Weld County,State of Colorado: That part of the Southwest 1/4 of Section 1,Township 1 North, Range 67 West of the Sixth Principal Meridian. described as Lot A, Pehr Recorded Exemption No. 1469-01-3 RE 4492, County of Weld. State of Colorado. • The Real Property or Its address is commonly known as 5238 Weld County Road 23, Fort Lupton. CO 80621. CROSS-COLLATERAI@ATION. In addition to the Note,this Deed of Trust secures all obligations,debts and liabilities,plus Interest thereon,of Grantor to Lender.or any one or more of them,as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,whether due or not due,direct or indirect,determined or undetermined,absolute or contingent,liquidated or untiqudated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor,surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender Is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit end other liabilities or obligations of Grantor to Lender,then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given. FUTURE ADVANCES. In addition to the Note,this Deed of Trust secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. This Deed of Trust secures,in addition to the amounts specified in the Note, future advances in an unlimited amount,together with all interest thereon,which future advances Lender is obligated to make so long as Grantor complies with all the terms and conditions of the Note or other loan agreement. Grantor presently assigns to Lender(also known as Beneficiary in this Deed of Trust)all of Grantor's right,title,and interest in end to at present and future leases of the Property end all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code aecunty interest in the Personal Property end Rants. THIS DEED OF TRUST.INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IAA PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN.SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except es otherwise provided in this Deed of Trust,Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note,this Deed of Trust,and the Related Documents. CONSTRUCTION MORTGAGE. This Deed of Trust is a'construction mortgage"for the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code,as those sections have been adopted by the State of Colorado. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of en Event of Default, Grantor may 117 remain in possession and control of the Property; 121 use,operate or manage the Property;and 131 collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property In good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: 111 During the period of Grantor's ownership of the Property,there has been no use,generation, manufacture,storage, treatment,disposal,release or threatened release of any Hazardous Substance by any person on,under,about or from the Roped: 121 Grantor has no knowledge of,or • reason to believe that there has been,except as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on,under,about or from the Property by any prior owners or occupants of the eRecorded in Weld County,CO Doc Id:3562072 06/20/2008 12:00 P Receipt#:7364614 Page:2 of 7 Total Fee:$36.00 Steve Moreno, Clerk and Recorder • DEED OF TRUST Loan No:08800218-00010 (Continued) Page 2 Properly,or Icl any actual or threatened litigation or claims of any kind by any person relating to such matters;and 13I Except as previously disclosed to and acknowledged by Lander In writing, (al neither Grantor nor any tenant,contractor,agent or other authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous Substance on, under,about or from the Property;and 1bl any such activity shall be conducted In compliance with all applicable federal,state, and local laws,regulations and ordinances,including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests,at Grantor's expense,as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only end shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations end warranties contained herein are based on Grantor's due diligence in Investigating the Property for Hazardous Substances. Grantor hereby Ill releases and waives any future claims against Lender for Indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws;end 121 agrees to indemnity, defend,and held harmless Lender against any and all claims,losses,liabilities,damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resulting from a breech of this section of the Deed of Trust or as a consequence of any use,generation,manufacture,storage,disposal,release or threatened release occurring prior to Grantor's ownership or Interest in the Property,whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust,including the obligation to indemnify end defend,shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any Interest in the Property. whether by foreclosure or otherwise. Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove,or grant to any other party the right to remove,any timber,minerals(including oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements,Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Ragalrements. Grantor shall promptly comply with all laws,ordinances,and regulations,now or hereafter in effect of all governmental authorities applicable to the use or occupancy of the Property- Grantor may contest in good faith any such law,ordinance,or regulation and withhold compliance during any proceeding,including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as,in Lender's sole opinion,Lender's Interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts,in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. • Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction of any Improvements on the Property,the Improvements shall be completed no later than the maturity date of the Note or such earlier date as Lender may reasonably establiahl and Grantor shall pay in full all costs end expenses in connection with the work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the interest created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen. Lander may require,among other things,that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens, construction progress reports, and such other documentation as Lender may reasonably request. DUE ON SALE-CONSENT BY LENDER. Lender may, at Lender's option,declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent,of all or any part of the Real Property,or any interest In the Real Property. A`sale or transfer' means the conveyance of Real Property or any right,ntle or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract,land contract,contract for deed,leasehold Interest with a term greater than three(3)years,lease-option contract,or by sale, assignment,or transfer of any beneficial Interest In or to any lend trust holding title to the Real Property,or by any other method of conveyance of an interest In the Real Property. However,this option shall not be exercised by Lender If such exercise is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions misting to the taxes and liens on the Property are part of this Deed of Trust; Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer],fines and impositions levied against or on account at the Property,end shell pay when due all claims for work done on of for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust,except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligation to pay.so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,Grantor shall within fifteen 1151 days atter the lien arises or,if a lien is filed,within fifteen 1151 days after Grantor has notice of the filing, secure the discharge of the lien,or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to tender in an amount sufficient to discharge the lien plus any costs and attorneys'tees,or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest,Grantor shell defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name tender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shell upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen(151 days before any work is commenced,any services are furnished,or any materials are supplied to the Property,if any mechanic's lien.materielmen'e lien,or other lien could be asserted on account of the work, services. or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can end will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause,and with a standard mortgagee clause in favor of Lender,together with • such other hazard and liability insurance as Lender may reasonably require. Policies shell be written In form,amounts,coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender,will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender,including stipulations that coverages will not be cancelled or diminished without at least ten 1101 days prior written notice eRecorded in Weld County,CO Doc Id:3562072 06/20/2008 12:00 P Recei ptIt:7364614 Page:3 of 7 Total Fee:$36.00 Steve Moreno, Clerk and Recorder • DEED OF TRUST Loan No:08800218-00010 (Continued) Page 3 to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be Impaired in any way by any act,omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance, it available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area,for the full unpaid principal balance of the loan and any prior liens on the property securing the loan,up to the maximum policy limits set under the National Flood Insurance Program,or as otherwise required by lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any lose or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen(15)days of the casualty. Whether or not Lender's security Is impaired,Lender may. at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness,payment of any lien effecting the Property,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed improvements in a manner satisfactory to Lender. Lender shall,upon satisfactory proof of such expenditure,pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,then to pay accrued interest,and the remainder,if any,shall be applied to the principal balance of the indebtedness. If Lender holds any proceeds alter payment in full of the Indebtedness,such proceeds shall be paid to Granter as Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes,liens,security interests,encumbrances,end other claims, (Ell to provide any required Insurance on the Property,or IC) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially effect Lender's interests in the Properly,then Lender on Grantor's behalf may,but is not required to,take any action that Lender believes to be appropriate to protect Lender's Interests. All expenses incurred or paid by Lender for such purposes will then bear Interest et the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at lender's option, will IA) be payable on demand; ID) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either 11) the term of any applicable insurance policy;or (2) the remaining term of the Note;or (C) be treated as a balloon payment which will be due and payable et the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by lender shall not be construed as curing the default so as to bar Lander from any remedy that it otherwise would have had. WARRANTY;DEFENSE OF TIRE. The fotowing provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: lal Grantor holds good and marketable title of record to the Proper'in fee simple,free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any tide insurance policy,title report, or final title opinion issued in favor of,and accepted by,Lender in connection with this Deed of Trust,and (b)Grantor has the full right.power,and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's • title or the Interest of Trustee or Lender under this Deed of Trust,Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice,and Grantor will deliver,or cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property end Grantor's use of the Property complies with all existing applicable laws,ordinances,and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Deed of Trust shell survive the execution and deliver/of this Deed of Trust,shall be continuing in nature and shall remain in full force and effect until such time es Grantor's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shell promptly notify Lender In writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may ba the nominal party In such proceeding,but Lender shell be entitled to participate in the proceeding and to be represented In the proceeding by counsel of its own choice,and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Appflaton of Net Proceeds. if all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase m lieu of condemnation,Lender may at its election require that all or any portion at the net proceeds of the award be applied to the indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHOFETIES. The following provisions relating to governmental taxes.fees and charges are a part of this Deed of Trust: Current Taxes,Fees and Charges. Upon request by Lender,Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shell reimburse Lender for all taxes,as described below,together with all expenses incurred in recording,perfecting or continuing this Deed of Trust.including without limitation all taxes,fees,documentary stamps,and other charges for recording on registering this Deed of Trust. Texas. The following shell constitute taxes to which this section applies: (11 a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Taut: 12) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 13) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust,this avant shall have the same effect as an Event of Default,and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either 111 pays the tax before it becomes delinquent. or (21 contests the tax as provided above in the Taxes end Liens section and deposits with Lender cash or a sufficient corporate surety bond or other secunty satisfactory to Lender. SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a secunty agreement are a pert of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shell have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. • Security Interest. Upon request by Lender,Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Proper'. In addition to recording this Deed of Trust in the real property records.Lender eRecorded in Weld County,CO Doc Id:3562072 06/20/2008 12:00 P Receipt 7364614 Page:4 of 7 Total Fee:$36.00 Steve Moreno, Clerk and Recorder • DEED OF TRUST Loan No:08800218-00010 (Continued) Page 4 may,at any time and without further authorization from Grantor,file executed counterparts,copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security Interest. Upon default,Grantor shell not remove,sever or detach the Personal Property from the Property. Upon default, Grantor shag assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three 13)days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor(debtor)and Lender(secured parry)from which information concerning the security interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Codel are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES:ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-tact are a part of this Deed of Trust: Futter Assurances. At any time,and from time to time,upon request of Lender,Grantor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender,cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and In such offices and places as Lender may deem appropriate,any and all such mortgages,deeds of bust,security deeds,security agreements,financing statements,continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate,complete,perfect,continue,or preserve Ill Grantor's obligations under the Note, this Deed of Trust,end the Related Documents,and 121 the liens and security interests created by this Deed of Trust as first and prior liens on the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing,Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in the paragraph. Attomsy-M-Fact. If Grantor falls to do any of the things referred to in the preceding paragraph,Lender may do so for and in the name of Grantor end at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making,executing,delivering,filing,recording,and doing all other things as may be necessary or desirable,in Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust,Trustee may, upon production of documents and fees as required under applicable law,release this Deed of Trust, and such release shall constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release tees required by law shall be paid by Grantor,it permitted by applicable law. EVENTS OF DEFAULT. At Lender's option,Grantor will be in default under this Deed of Trust if any of the following happen: Payment Default. Grantor fails to make any payment when due under the indebtedness. Break Other Promises. Grantor breaks any monies made to Lender or fails to perform promptly at the time and strictly in the manner provided in the Deed of Trust or in any agreement related to this Deed of Trust. Compliance Default. Failure to comply with any other term,obligation,covenant or condition contained in this Deed of Trust,the • Note or In any of the Related Documents. Default en Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or Insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien, Default in Favor of Third Parties. Should Grantor default under any loan,extension of credit,security agreement,purchase or sales agreement,or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. Fake Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective CdlatarallzatIon. This Deed or Trust or any of the Related Documents ceases to be in full force and effect(including failure of any collateral document to create a valid and perfected security interest or Beni at any time and for any reason. Death or Insolvency. The death of Grantor,the insolvency of Grantor,the appointment of a receiver for any part of Grantor's property, any assignment tor the benefit of creditors, any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which Lender has a lien. This includes taking of,garnishing of or levying on Grantor's accounts with Lender. However,if Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and it Grantor gives Lender written notice of the claim end furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim,then this default provision will not apply. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein,including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser,surety,or accommodation party dies or becomes incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default,other than a default in payment is curable and if Grantor has not been given a notice of a breech of the same provision of this Deed of Trust within the preceding twelve(12) months,it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: It) cures the default within twenty 1201 days;or 121 if the cure requires more than twenty 1201 days,immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Sublect to any applicable notice and cure provisions under Colorado law, if an Event of Default occurs under this Deed of Trust,at any time thereafter,Trustee or Lender may exercise any one or more of the following rights and remedies: Eketinn of Remedies. NI of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Deed of Trust,after Grantor's failure to do so,that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. • Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable,including any prepayment penalty which Grantor would be required to pay. eRecorded in Weld County,CO Doc Id:3562072 06/20/2008 12:00 P Receipt#:7364614 Page:5 of 7 Total Fee:$36.00 Steve Moreno, Clerk and Recorder • DEED OF TRUST Loan No:08800218-00010 (Continued) Page 5 Foreclosure. Lender shall have the right to cause all or any part of the Real Property,and Personal Property,if Lender decides to proceed against it as if it were real property,to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against reel property. The Trustee shell give notice in accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in the following order: 'a)to all costa and expanses of the sale, including but not limited to Trustee's fees,attorneys'fees,end the cost of title evidence; lb)to all sums secured by this Deed of Trust;and fcl the excess, if any,to the person or persons legally entitled to the excess. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Cede. Collect Rents. Lender shall have the right to take possession of and manage the Property and collect the Rents, Including amounts past due and unpaid, end apply the net proceeds, over and above Lender's costs, against the indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. It the Rents are collected by Lender,then Grantor Irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shell satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person,by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take posaeeeion of all or any part of the Property, with the power to protect and preserve the Property,to operate the Property preceding foreclosure or sale,and to collect the Rents from the Property and apply the proceeds,over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent Jurisdiction upon ex parte application and without notice,notice being expressly waived. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor,Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option,either 11) pay a reasonable rental for the use of the Property,or 121 vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Dead of Trust or the Note or available at law or In equity. Sale of the Property. In exercising Its rights and remedies, Lender shall be free to designate on or before it files a notice of election and demand with the Trustee,that the Trustee sell all or any part of the Properly together or separately,in one sale or by separate sales. Lender shall be entitled to bid at any public sale on as or any portion of the Property. Upon any sale of the Property,whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings,If the holder of the Note is a purchaser at such sale, it shall be entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of all,or any portion of,the purchase price of the Property purchased, and,in such case, this Deed of Trust,the Note, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person • conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Attorneys'For;Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial end upon any appeal. Whether or not any court action is involved,and to the extent not prohibited by law,all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of Its interest or the enforcement of its nghts shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there is a lawsuit, Including attorneys'fees and expenses for bankruptcy proceedings including efforts to modify or vacate eny automatic stay or injunction(,appeals.and any anticipated post-judgment collection services,the cost of searching records, obtaining title reports 'Including foreclosure reports(, surveyors' reports, and appraisal fees, title insurance,and fees for the Trustee,to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law.Trustee shall have all of the rights and duties of Lender as set forth In this section. NOTICES. Any notice required to be given under this Deed of Trust,Including without limitation any notice of default and any notice of sale shall be given in writing, and shell be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,If mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shell be sent to Lender's address,as shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes,Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law,if there is more than one Grantor,any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust' Amendments. What is written in this Deed of Trust and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective,any change or amendment to this Deed of Trust must be in writing end must be signed by whoever will be bound or obligated by the change or amendment. Caption Hearings. Caption headings in this Deed of Trust ere for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate In the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender end.to the extant not preempted by federal law,the laws of the State of Colorado wbhortt regard to Its conflicts of law provision. This Deed of Trust has been accepted by Lender in the State of Colorado. Choice of Venue. If there is a lawsuit,Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Boulder County,State of Colorado. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights,that does not mean Grantor will not have to comply with the other provisions of this Deed of Trust. Grantor also understands that if Lender does consent to a request,that does not mean • that Grantor wiN not have to get Lender's consent again if the situation happens again. Grantor further understands that just because tender consents to one or more of Grantor's requests,that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment. protest, and notice of dishonor. In the event Lender institutes legal process to obtain possession of the Property and to the extent permitted by law,Grantor hereby knowingly eRecorded in Weld County,CO Doc Id:3562072 06/20/2008 12:00 P Receipt#:7364614 Page:6 of 7 Total Fee:$36.00 Steve Moreno, Clerk and Recorder • DEED OF TRUST (Den No:08800218-00010 (Continued) Page 6 and voluntarily waives any right to a hearing prior to a court order granting lender the right to take possession of the Property. Grantor waives all rights of exemption from execution or similar law in the Property,and Grantor agrees that the rights of Lender in the Property under this Deed of Trust are prior to Grantor's rights while this Deed of Trust remains in effect. SevaraWNy. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced,that fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. Successors end Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Grantor's Interest,this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes vested In a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor hum the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary. The word'Beneficiary"means MILE HIGH BANKS,and its successors end assigns. Borrower. The word'Borrower'means David W.Pehr and includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words"Deed of Trust'mean this Deed of Trust among Grantor,Lender,and Trustee,and includes without limitation all assignment and security interest provisions relating to the Personal Property end Rents. Environmental Laws. The words 'Environmental Laws' mean any end all stale, federal and local statutes, regulations end ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation,and Liability Act of 1980,as amended,42 U.S.C.Section 9601,et seq. ('CERCIA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99499 ('SARA'i, the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,et seq.,the Resource Conservation and Recovery Act,42 V.S.C.Section 6901,et seq.,or other applicable state or federal laws,rules,or regulations adopted pursuant thereto. Event of Default. The words'Event of Default"mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word"Grantor'means David W.Pehr. Guaranty. The word 'Guaranty' means the guaranty from guarantor, endorser, surety, or'accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,concentration or physical, chemical or infectious characteristics. may cause or pose a present or potential hazard to human health or the • environment when improperly used, treated, stored, disposed of,generated, manufactured, transported or otherwise handled. The words'Hazardous Substances'are used in their very broadest sense end include without limitation any and all hazardous or toxic substances,matenals or waste as defined by or listed under the Environmental Laws. The term'Hazardous Substances' also includes,without limitation,petroleum and petroleum byproducts or any fraction thereof and asbestos. Improvements. The word 'Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Reel Property, Indebtedness. The word'Indebtedness'means all principal,interest,and other amounts,costs and expenses payable under the Note or Related Documents,together with all renewals of,extensions of,modifications of,consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all interest thereon and all amounts that may be indirectly secured by the Cross-Calleteralization provision of this Deed of Trust. Lender. The word'Lender'means MILE HIGH BANKS,its successors and assigns. The words'successors or assigns" mean any peraon or company that acquires any interest in the Note. Note. The word 'Note' meant the promissory note dated June 9, 2008, in the original principal amount of $410,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of,and substitutions for the promissory note or agreement, The maturity date of the Note Is June 8,2009. Personal Property. The words'Personal Property'mean all equipment.fixtures,and other articles of personal property now or hereafter owned by Grantor,and now or hereafter attached or affixed to the Real Property:together with all accessions,parts, and additions to,all replacements of,and all substitutions for, any of such property: and together with all proceeds/including without limitation all insurance proceeds and refunds of premiums)from any sale or other disposition of the Property. Property. The word'Property'means collectively the Real Property end the Personal Property. Real Property. The words'Real Property'mean the real property,interests and rights.as further described in this Deed of Trust. Related Documents. The words 'Related Documents" mean all promissory notes. credit agreements, loan agreements, environmental agreements,guaranties,security agreements,mortgages,deeds of trust,security deeds,collateral mortgages,and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word"Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits denved from the Property. Trustee. The word'Trustee"means the Public Trustee of Weld County,Colorado. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND GRANTOR AGREES TO ITS TERMS. RANTOR: X David W.Pais • eRecorded in Weld County,CO Doc Id:3562072 06/20/2008 12:00 P Receipt#:7364614 Page:7 of 7 Total Fee:$36.00 Steve Moreno, Clerk and Recorder • DEED OF TRUST Loan No:08800218-00010 (Continued) Page 7 INDIVIDUAL ACKNOWLEDGMENT /1 STATE OF i 4N(5(l nt-PM I ISS COUNTY OF S or en On this day before me,the undersigned Notary Public,personally appeared David W.Fehr,to me known to be the Individual described in and who executed the Deed of Trust,and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act end deed,for the uses end purposes therein Wed. Cr Riven my nd and ' seal (P day of J µ r@_ ,20/C ,7 e�0 Residing atu —L,141—c r�f 6OIA ('O j Notary Pubic in end for the a otO Aar,: ≥ My oontniselon expires £-__b LASER PRO Lending, Ver. 6.39.00.008 Copr. Hadend Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - CO F:\HARLAND\CFI\LPL\GOI.F0 TR-736 PR-24 ritkEATFI 01ht 9R NOT ;0/ [c 9 G �. \l\ ‘jLORAOO_- S S eRecorded in Weld County,CO Doc Id:3562073 06/20/2008 12:00 P Receipt#:7364615 Page:1 of 3 Total Fee:$16.00 Steve Moreno, Clerk and Recorder • WHEN RECORDED MAIL TO: MILE HIGH BANKS 430 INDIANA STREET GOLDEN,CO 80401 SEND TAX NOTICES TO: David W Pehr 7880 Maria Street Westminster,CO 80030 ASSIGNMENT OF RENTS AND LEASES THIS ASSIGNMENT(hereinafter"Assignment"),made as of this 9th day of lune,2008 by David W l'ehr(the"Assignor'), whose mailing address is 7880 Maria Street,Westminster,CO 80030,to Mile High Banks(the"Assignee"),whose mailing address is 430 Indiana Street,Golden,CO 80403. RECITALS A.Assignor has executed and delivered to Assignee a Promissory Note(hereinafter,together with all amendments thereto and modifications thereof,called the"Note")of even date herewith in the principal sum of$410,000.00,and as security for the Note Assignor has executed and delivered in favor of Assignee a Deed of Trust and an Assignment of Rents covering certain real estate 5238 Weld County Road 23,Fort Lupton,CO 80621 and more fully described in the attached Exhibit"A", (hereinafter called the"Property"). The Note,this Assignment,executed by Assignor and Assignee,and any other agreement or instrument now or hereafter evidencing,governing or securing the loan(the"Loan")evidenced by the Note are hereinafter collectively called"Loan Documents"and singularly called a"Loan Document". B.In connection with the execution and delivery of the Note,Assignee has required that Assignor absolutely assign to Assignee all of Assignors nght,hue and interest in,to and under any and all leases(hereinafter collectively referred to as the "Leases"and singularly as a"Lease")now or hereafter in existence(as amended or supplemented from time to time)and covering space in or applicable to the Property,including,but not limited to those leases set forth on Schedule"I"attached hereto and made part hereof,and Assignor desires and intends by this instrument to absolutely assign to Assignee all of Assignor's right,title and interest in,to and under the Leases. C. It is the intention of the Assignor to create a present Assignment of all the rents,issues and profits now due or which may hereafter become due,but inasmuch as this Assignment is made as additional security for the payment of the note herein above set forth,it is agreed that the Assignee's right to collect said rentals shall he conditioned upon the existence of • default in the payment of said note according to its terms. THEREFORE,Assignor agrees as follows: I.Assignor does hereby absolutely and unconditionally grant,transfer,bargain,sell,assign,convey,and set over unto Assignee,its successors and assigns,all of the nght,title and interest of Assignor in,to and under the Leases,together with all rents,earnings,income,profits,benefits and advantages arising from the Prog 8 pan and r said Leases n and all other sums due or to become due ands and pursuant thereto,and together with any and all guarantees of or under any of said Leases,and together with all rights, powers, privileges, options and other benefits of Assignor as lessor under the Leases, including, without limitation,the immediate and continuing nght to receive and collect all rents,income,revenues,issues,profits,condemnation awards,insurance proceeds,moneys and security payable or receivable under the Leases or pursuant to any of the provisions thereof,whether as rent or otherwise,the right to accept or reject any offer made by any tenant pursuant to its Lease to purchase the Property and any other property subject to the Lease as therein provided and to perform all other necessary or appropriate acts with respect to such Leases as agent and attomey-in-fact for Assignor,and the right to make all waivers and agreements,to give and receive all notices,consents and releases,to take such action upon the happening of a default under any Lease,including the commencement,conduct and consummation of proceedings at law or in equity as shall be permitted under any provision of any Lease or by any law,and to do any and all other things whatsoever which the Assignor is or may become entitled to do under any such Lease.It is intended by Assignor that this Assignment constitute a present,absolute assignment of the Leases,and not an assignment for additional samtty only.Notwithstanding the provisions of this paragraph I,so long as no default shall exist under the Note or any of the Loan Documents and no event shall have occurred which by the lapse of time or the giving of notice,or both,has or would become an event of default thereunder,Assignor shall have the revocable right and revocable license to occupy the Property as landlord or otherwise and to collect,use and enjoy the rents,issues and profits and other sums payable under and by virtue of any Lease(but only as the same become due under the provisions of such Lease)and to enforce the covenants of the Leases,provided that any amounts collated by Assignor shall be held by Assignor in trust for the benefit of Assignee for use in the payment of all sums due on the Loan. 2.This Assignment is made and given and shall remain m full force and effect until:(a)the payment in full of all principal,interest and other sums due under the Note;and(b)the performance and observance by Assignor of all of the terms, covenants and conditions to be performed or observed under the other Note and the other Loan Documents. 3.Assignor represents,warrants,covenants and agrees:(a)that Assignor has good right and authority to make this Assignment and Assignor holds the entire and unencumbered rights of the landlord under each of the Leases;(b)that neither Assignor nor any predecessor lessor has heretofore alienated,assigned,pledged or otherwise disposed of or encumbered the Leases,which remains effective as of the date hereof,or any of the sums due or to become due thereunder,and that neither Assignor nor any predecessor lessor has performed any acts or executed any other Instruments which might prevent Assignee from operating under any of the terms and conditions of this Assignment or which would limit Assignee in such operation;(c) that Assignor has not accepted or collected rent or any other payments under any Lease,other than required security deposits,for any period subsequent to the current period for which such rent or other payment has already become due and payable;(Al)that • Assignor has not executed or granted any amendment or modification whatever of any of the Leases,either orally or in writing, which deviate from the Lease terms shown in the rent roll(the"Rent Roll")delivered by Assignor to Assignee in connection with eRecorded in Weld County,CO Doc Id:3562073 06/20/2008 12:00 P Receiptlt:7364615 ' Page:2 of 3 Total Fee'.$16.00 Steve Moreno, Clerk and Recorder • ASSIGNMENT OF RENTS AND LEASES (Continued) the execution of this Assignment,(e)except as reflected in Schedule"I"that there is no default under any of the Leases now existing and no event has occurred and is continuing which,with the lapse of time or the giving of notice or both,would constitute an event of default under any of the Leases;(f)that Assignor will observe,perform and discharge,duly and punctually, all and singular the obligations,terms,covenants,conditions and warranties of the Note,this Assignment or any other Loan Document and any I mite,on the part of Assignor to be kept,observed and performed;(g)to enforce the performance of each and every obligation,term,covenant,condition and agreement in said leases by any tenant to be performed;(h)to appear in and defend any action or proceeding arising under,occurring out of or in any manner connected with said Leases,or the obligations, duties or liabilities of Assignor or any tenant thereunder,and upon request by Assignee to do so in the name and on behalf of Assignee,but at the expense of Assignor,(i)that Assignor will,upon the request of Assignee,execute and deliver to Assignee such further instruments and do and perform such other acts and things as Assignee may deem reasonably necessary or appropriate to make effective this Assignment and the various covenants of Assignor herein contained,and to more effectively vest m and secure to Assignee the aunts due or hereafter to become due under the Leases,Including without limitation,the execution of such additional assignments as shall be deemed necessary by Assignee effectively to vest m and secure to Assignee all rents,income and profits from any and all Leases;(j)that Assignor will from tune to time,deliver to Assignee a hue,correct and complete copy of each and every Lease then affecting all or any portion of the Property;and(k)that in the event any warranty or representation of Assignor herein shall be false,misleading or matenally inaccurate,or Assignor shall default in the observance or performance of any obligation,term, covenant or condition hereof, then, in each instance at the option of Assignee,the same shall constitute and be deemed to be a default hereunder and under the Note,thereby giving Assignee the absolute right to declare all sums secured thereby and hereby immediately due and payable and to exercise any and all rights and remedies provided thereunder and hereunder as well as such remedies as may be available at law or m equity. 4,Assignor hereby consents to and irrevocably authonzes and directs the tenants under the Leases and any successor to the interest of any of said tenants, upon demand and notice from Assignee of Assignee's right to receive the rent and other amounts due under such Leases,to pay to Assignee the rents and other amounts due or to become due under the Leases,and said tenants shall have the right to rely upon such demand and notice from Assignee and shall pay such rents and other amounts to Assignee without any obligation or right to determine the actual existence of any default or event claimed by Assignee as the basis for Assignee's nght to receive such rents and other amounts and notwithstanding any notices from or claim of Assignor to the contrary,and Assignor shall have no right to claim against said tenants for any such rents and other amounts so paid by said tenants to Assignee. 5.Upon the occurrence of a default under the Note or any of the other Loan Documents,the right and license granted to Assignor in paragraph I above shall be automatically revoked and Assignee,at its option,shall have the complete right,power and authonty(a)without taking possession,to demand,collect and receive and sue for the rents and other sums payable under the leases and,after deducting all reasonable costs and expenses of collectron(including,without limitation,attorneys'fees)as determined by Assignee,apply the net proceeds thereof to the payment of any Indebtedness secured hereby;and(b)to declare all sums secured hereby immediately due and payable,and,at its option,exercise any or ail of the nghts and remedies contained in the Note and in the Loan Documents. • 6. After payment of all proper charges and expenses,including the just and reasonable compensation for the services of Assignee, its attorneys, agents, clerks, servants and others employed by Assignee in connection with the operation, management and control of the Property and the conduct of the business thereof,and such further sums as may be sufficient to indemnify Assignee from and against any liability,toss or damage on account of any matter or thing done in good faith in pursuance of the rights and powers of Assignee hereunder,Assignee shall credit the net amount of income which Assignee may receive by virtue of this Assignment and from the Properly m any and all amounts due or owing to Assignee from Assignor under the terms and provisions of the Note and the Loan Documents.The balance of such net income shall be released to or upon the order of Assignor. 7.The acceptance by Assignee of this Assignment,with all of the rights,powers,privileges and authority so created, shalt neither be deemed or construed to constitute Assignee a mortgagee in possession nor at any time or in any event to impose any obligation whatsoever upon Assignee to appear in or defend any action or proceeding relating to the Leases or the Property, or to take any action hereunder,or to expend any money or incur any expenses,or perform or discharge any obligation,duty or liability under the Leases,or to assume any obligation or responsibility for any security deposits or other deposits delivered to Assignor by any tenant and not assigned and delivered to Assignee,or render Assignee liable in any way for any injury or damage to person or properly sustained by any person or entity in,on,or about the Property. S.Assignor agrees that the collection of rents and the application thereof as aforesaid or the entry upon and taking of possession of the Property,or any part thereof,by Assignee shall not cure or waive any default,or waive.modity or affect any notice of default under the Note or the Loan Documents,or invalidate any act done pursuant to such notice,and the enforcement of such right or remedy by Assignee, once exercised,shall continue for so long as Assignee shall elect. If Assignee shall thereafter elect to discontinue the exercise of any such right or remedy,the same or any other nght or remedy hereunder may be reasserted at any time and from time to time following any subsequent default 9.The rights and remedies of Assignee hereunder are cumulative and not in lieu of,but are m addition to,any rights or remedies which Assignee shall have under the Note,any of the Loan Documents,or at law or in equity,which rights and remedies may be exercised by Assignee either prior to,simultaneously with,or subsequent to,any action taken hereunder.The nghts and remedies of Assignee may be exercised from time to time and as often as such exercise is deemed expedient,and the failure of Assignee to avail itself of any of the terms,provisions and conditions of this Assignment for any period of time,at any tune or times,shall not be construed or deemed to be a waiver of any rights under the terms hereof. 10.The right of Assignee to collect and receive the rents assigned hereunder or to exercise any of the rights or powers herein granted to Assignee shall,to the extent not prohibited by law,also extend to the period from and after the filing of any suit to foreclose the lien created under any of the Loan Documents which cover the Property,including any period allowed by law for the redemption of the Property after any foreclosure sale. • 11.Assignor agrees to indemnify,defend and hold Assignee harmless of,from and against any and all liability,loss,damage or Page 2 of 3 eRecorded in Weld County,CO Doc Id:3562073 • 06/20/2008 12:00 P Receipt#:7364615 Page:3 of 3 Total Fee:$16.00 Steve Moreno, Clerk and Recorder • ASSIGNMENT OF RENTS AND LEASES (Continued) expense,which Assignee may or might incur under or by reason of this Assignment,and of and from any and all claims and demands whatsoever which may be asserted against Assignee by reason of any alleged obligation or undertaking on the part of Assignee to perform or discharge any of the terms,covenants or agreements contained in the Leases.Should Assignee incur any such liability,loss or damage under or by reason of this Assignment,or in the defense of any such claims or demands,the amount thereod including costs,expenses and reasonable attorneys'fees,together with interest thereon at the same rate of interest as provided in the Note with respect to the principal indebtedness of Assignor to Assignee,shall be secured by this Assignment and by the Loan Documents, and Assignor shall reimburse Assignee therefore immediately upon demand, and upon failure of Assignor so to do,Assignee may declare all sums secured hereby immediately due and payable. 12. If there is any conflict between the terms of this Assignment and the terms of any other instrument,agreement or document of any type executed m connection with the transaction which is the subject of this Loan Documents and this Assignment,the terms of this Assignment shall control. 13. This Assignment may be executed in any number of duplicate originals or counterparts and each duplicate original or counterpart shall he deemed to be an original. 14. This Assignment shall be governed by the laws of the State of Colorado. IN WITNESS WHEREOF,Assignor has executed this Assignment as of the date first above written. ASSIGNOR David W Pelu By:David W Pehr STATE OF COLORADO � ) COUNTY OF KL 1-1—p cCcrr i ss The foregoing was subscribed to and sworn before me David W Pehr on this 9th day of lune,2008. (SEAL) aikerb717F Notary Pub c 4,K.p 5/ Ul.9c2nol -HER A..ai‘`t EXHIBITS: Exhibit"A".property description �%4/:4TAjc? ti / yt:two, Exhibit"A": G G,lo I,0. BL1 V, 14.�..........LOQ• That part of the Southwest/a of section 1,Township 1 North,Range 67 West oft Principal Meridian,described as Lot A,Pehr Recorded Exemption No.1469-01-3 RE 4492, County of Weld,State of Colorado. • Page 3 of 3 eRecorded in Weld County,CO Doc Id:3562074 06/20/2008 12:00 P Receipt#:7364616 • Page:1 of 1 Total Fee:$6.00 Steve Moreno, Clerk and Recorder S RECORDATION REQUESTED BY: MILE HIGH BANKS GOLDEN BRANCH 430 INDIANA STREET GOLDEN,CO 80401 WHEN RECORDED MAIL TO: MILE HIGH BANKS GOLDEN BRANCH 430 INDIANA STREET GOLDEN.CO 80401 SEND TAX NOTICES TO: MILE HIGH BANKS GOLDEN BRANCH 430 INDIANA STREET GOLDEN.CO 80401 DISBURSER'S NOTICE The information contained on this Disburser's Notice Is filed under Colo. Rev.Stet.Section 38-22-126(21. THIS DISBURSER'S NOTICE IS DATED JUNE 9,2008. BORROWER: The "Borrower" is David W. Pehr, whose address is 7880 Marla Street, Westminster, CO 80030. LENDER: The "Lender" is MILE HIGH BANKS, whose address is GOLDEN BRANCH, 430 INDIANA STREET. GOLDEN, CO 80401,whose telephone number is(303)279-4450. OWNER(IF DIFFERENT FROM BORROWER): PRINCIPAL(GENERAL) CONTRACTOR(S): Principal Contractor: #1:Grady Welchel Address: 22460 Weld County Road 22 • Hudson,CO 80642 Telephone Number: Principal Contractor: #2:c&S Construction Address: 22460 Weld County Road 22 Hudson,CO 80642 Telephone Number: Principal Contractor: #3:G&S Enterprises Address: 22460 Weld County Road Hudson,CO 80642 Telephone Number: LEGAL DESCRIPTION OF PROPERTY: That part of the Southwest 1/4 of Section 1, Township 1 North, Range 67 West of the Sixth Principal Meridian, described as Lot A, Pehr Recorded Exemption No. 1469-01-3 RE 4492, County of Weld. State of Colorado. PROPERTY ADDRESS: Real Property located at 5238 Weld County Road 23, Fort Lupton, CO 80621 LENDER: MILE NKS • x d0 r PRO Le n9, Ver. 6.39.00.008 Cops. arlend Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - CO F:\HARLANO\CFI\LPL\G03C.FC TR-736 PR-24 .nt. eRecorded in Weld County, CO Doc Id: 3562075 • 06/20/2008 12:00 P Receipt#: 7364617 Page: 1 of 2 Total Fee: $11.00 • Steve Moreno, Clerk and Recorder UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS(front and back)CAREFULLY A NAME&PHONE OF CONTACT AT FILER[optional] B.SEND ACKNOWLEDGMENT TO:(Name and Address) I MILE HIGH BANKS 7 GOLDEN BRANCH 430 INDIANA STREET GOLDEN.CO 80401 L J THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S EXACT FULL LEGAL NAME.Insert only one debtor name(1a or l b)•do not abbreviate or combine names is.ORGANIZATIONS NAME OR lb.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX Pehr David W. sc.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 7880 Maria Street Westminster CO 80030 USA 1d.SEE INSTRUCTIONS ADOL INFO RE lte.TYPE OF ORGANIZATION if.JURISDIL i FM OF ORGANIZATION lg.ORGANIZATIONAL ID*,if any • EGMIZATION BTOR l IndividualI NNONE UYNONE 2.ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME-insert only roe debtor reme(2a er 2b)-do not abbremee or combine names 2a.ORGANIZATIONS NAME OR 2b.INDVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 2c MAILING ADDRESS CITY STATE POSTAI.CODE COUNTRY 2d.SEE INSTRUCTIONS ADO'L INFO RE ]2e.TYPE OF ORGANIZATION 2f.JURISDICTION OF ORGANIZATION 2g.ORGANIZATIONAL ID e.I any ORGANIZATION DEBTOR I I i n n I NOTE 3.SECURED PARTY'S NAME(on NAME of TOTAL ASSIGNEE of ASSIGNOR SP)-Insert only one secured party name(3a or 3b) Sa.ORGANIZATION'S NAME MILE HIGH BANKS OR 3b.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFD( 3c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY — 430 INDIANA STREET GOLDEN CO 80401 USA 4.This FINANCING STATEMENT covers the loemong collateral: All Inventory, Accounts, Egtipment, General Intangibles and Fixtures, supportIng obligations and an proceeds and products of the foregoing, whether such property is now owned or hereafter acquired and wherever such property is or may be located at: 5238 Weld County Road 23, Fort Lupton,CO 80621 Legally described as:That pert of the Southwest 1/4 of Section 1,Township 1 North,Range 67 West of the Sixth Principal Meridian, described as Lot A.Pehr Recorded Exemption No. 1469-01-3 RE 4492,County of Weld.State of Colorado,. • 5.ALTERNATIVE DESIGNATION pt appacableij jLESSEEtESSOR J ICONSIDNEFJCCNSIGNOR BAILEEIBAILOR SELLERIBUYER I AG.LIEN I NON-UCC FILING 6.I (ESTATE RECN ORDSr yAMAdr nr IspAtlmaum record/(ar rewrdo:I n be REAL I7.Check b RAI.FE SEARCH REPO I 1 Td apglgbkl IADOnIONAL FE m Debbr s A runvlNei cu co oaceove,..r. IOIXaru1 I oil Debts/. aNrotrtl IDebtbr2 eRecorded in Weld County, CO Doc Id: 3562075 06/20/2008 12:00 P Receipt#: 7364617 Page: 2 of 2 Total Fee: $11.00 • Steve Moreno, Clerk and Recorder • • r cb L4. W'XN .; Akins.tees aced/ (T rq.RC M $/ l rM A69W r. ..5.17,\ 17. 59aw Nlghway sz dal 6C14/ as so / . %^ .—. , Ire* ( fdono./Avy Mad,�"n.d-�- e-_. °4_. 4 ,1 faa I. a. o Ilea Pros as tml..SSM/ - #4...„......_ .n-t or 7 .PIS d- rile WA. ten 7LZrZfrg:,fitroS ha 4:s , 4, podia/ Use it Permit Area ` S 165 j I I i ,,bscaler-/ay icl C sv ' ySck entre V —.4 ¢4403 ' - I I OfTfLYIEmr STMMRM I. The peml tied uses as the benee described parcel shall be halted to a bearding kennel and all other PP penaiad by right under Section 3.3.6 of the Weld County Zoning Resolution. Da location and size of the per- t itted strictures shell be shove hereon.-lie wriw umbers of enimels - ' Remitted shall be ten(to)dogs and thirty(30) tote.A. The Special the permit area shall be palatalised in such a Manner so et - . IlOAL Yj5CSJPIIa to present soil erosion. fugitive dust.and the grotto of noxious weeds. - A us"_ep LAYD LOCATED' in THE ST l!IMTfh OF 3ECTTOI 3. All phases of the operation shall wooly with all County and State Belts 61 WEST OC IlIF—,66th Rg1hl;7PN.IE#ID Mr6ELD-tUALTY CDLORP1 Standards and Regulations wattage 10 air quality.titer quality.noise IIalIMAGEYDKPL•IIC ls1RER1 19EK.T-SAIp"SF[flUi� iNfbCF I e mission.and sanitary disposal systems � 410SF SA10 1 IO bi-I.1l 4. The boarding t=ons facility atoll be subject to inspections by the Weld NpO ..-109.50 e mfin TO TIE TIME70CIR bf p6il9Allihr County Health Department. E' 1N Yl�EE3sI161IK SCS i 11 DD RR. S. Access to the Special Use permit are;hall be share barrio. All ace essos ,Ines[{-1199LM al�9p t@Ti=' shall bays the approval of the Weld County Engineering 0aprta'lt aid/or liHEIICIX 49.00•fiLEI 50-111f lRWE PQEh m T Of�bf51r1tq,. $}1 the State highway Represent. All accesses shalt be constructed In accord- bats raIT(0 Did Rini-"Of Of LESS. since with the neaMaendatio and/or ngalrNa is 6f the Veld founty Engineering, , Department-d/1?the ShSin inf y Depertment -.. ---.,.....4.-,-,.-2.2f. .._-i'y LlliMI;e"-'4� rse! 6.rr.. 6. A buffer of landscaping shell be maintained betwen the bawl facility end - I HO i !Milt THAVAti it Iff k.mti.;GM6alsla mu . State UlgMhy 61 to potent the des M assists from yieg activity associated with -' YE Pps� D a IAA, 1 ID •j�ID . eM ill ghimr. _ _fs" -adG''' 1. The Special the Part'shell be limited to the plans shown Wiwi NW Banned .f ‘,4.q-pP • JAY.eas=t lePtene-SNMerd stated alms riA'sil agpteems WILLputy - • :_ _e. -, 6 } 1� ate YtlatiM_e Pr�m eha pidnj • 1e _ - f - �,,, .2.--;:. .ddRF-2-.A, ao4. -TS, fs5- ." _^.. n a-0e x�„�:. .y. .eg .+3- < s • _,R Mar, ,r e .,.J �''a'�"'..'C I -. a r ''z ,". . r„'a' '�f^� ifsli r-rs+ Mar ' = 2,,:.,..r_.-7,2,z. ';c. x�It dot' i art spite m Zi c _z ' vi'i , 31"..; 4 .reC. '-5 ig i - i 11 � J II I it II Aso A , it_ r 11 o c II 1( � Q u u T ,,. • C e.ee • . r Hn sa rll1 89 7i 44n II 993 c:, '.9 J ,N:A9a11.19 a1.01-+id�� ® ra C.' _ — m i • ::::::is:9 `� • 11 C " L ..0/50 71// 4%\\ II 11. . ➢ Z' 0 _ ' II it E" N as• 'I Ic Ir e,,;'Y R.4 W,Gdir r.An. + I \ /j I •a i Li I i�sr '/ I rYtltil I> A ` 6 A'r`m• vl` 495/ m ' Elatrirre Trcnamisna ' 1 A Line•j• , - • . .. .s , / . ..,.,.. c....,\\ \ 1 •1 'I re, Itni 14. Vicinity Mop Sao%/ /•r J• .rne:NSea Re,v.,,de — OISCRIPTION (LAMER OF SECTIOI I.TOIRSHIP I NORTH.RANGE 0 War.COLORADO. BE HNG MORE PART I CIAARLY CTlOI I. AIENCE VEST ALONG THE IORTH LIRE OF 51.50 FEET; H OF BCGIGT•1161 t OCEMBITt,, CATO TTACI ill LAND CafTAIre MAP AP OF FRUITY COri'SIONFRLS CERTIFIEAYL S$EP,VIBIOOI,MINIS PLAT MD IPTION THIN IS TO CERTIFY THAT MINE cow OF COMITY COHISSIONER•S VELD COUNTY. COLORADO DOES Nvrern e.s.ao ASA1'G.nh.Dew/.p•wn/8bm-a,dv tip HEREBY CONFIRM MD ADOPT TH.l,SL,D CIAL USA PEWIT AND DEVELOPMENT STANDARDS AS SNOMII Reined r Rzao 0pw 6r/ .Pin a DESSC,RRIBE°HEREON All —T.wr OF Au •F (BBD.. i i A C RAE & SHORT, INC. 1 a 6636* ATkTF' = 1Y2] AID AVENUE GREELEY, COLORADO 80631 �1" _ W D W 4'0.1. _ .f - Telephone: 358-3101 1 - sed d�-zL_.s. — •x Ca 'ro/ Coe&a ntd far ASbnmi f s••• BOR 10I8-C4RTh}ED gin ws w._' 4Iti� Cee0.fa7, us#h A3 nreA cote-tw• a•f igtt r [ OLXtl,D EOen�i•101ASRAfl '' -R$ - tostn Abdo Thong*47 Al ih9 t r+5£: 31005 to itinc_F_wirAS I.R .*up rwarl rry�.�.�..�+.1,{+4+q.' l pd•T. _E/1— doVersailles- th„ _ ,�.TM�' ��11A'�Al1��FR1µ DFC F �illE �Mw�+a_ oa.aC�SM � d� •748]. W let.coat ,1, yrtortirttel,m;,•-EF r=:_wi1000. ...".1.2.114''' r. ro0 wn.uAie KiyaECT NE, FIdLM • i - I - i I m s, n w II co i m .2 I i c 1 x" o lI i I L I:]F I , — • LL . /1 %', ^, i F' t 2. _r> I r - - a 0 • I...r q'l '. - • ,I. 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' v € $5t a = t `� E , f` - k a 11 w k f t_E Ix CO --` raf 1. f r;. ao O h 7 h xfh i`.Up a F o ! e ri - ( .`.F t i Ij E3 ' S 4 ' t F y�` k Z 5 -t _ . esr -e t _a9 • i r — - -, _i X o i-0 EEE cc Er2`5 c 0 w _ a It I'x;.---1-:', o F I a i '1 1 J ''` - a c QUp 3`z N0F 0r bI C C O i..V OJ al Y ht t { �T- is +�.. a'°art Fs JJT�TTTT '155` • R 3 ^4 t s a- � Y �� $ x e3 ..r, 1 Sg+ ma 1 IRMa% "J ° _ 7If' Al '9�elj - wr.w 1�2.1R taa7om+AR�a.H- - eattlaist TINS OkiD, Naar this file den/of dull in the year of our Lord one chousana •' 1 nine honirei and Sixty-Throe between NI** R. SURGE, GEORGE TIME, for himself, l and SHIRLEY A. RLANKENSMIP, LUCILLE DANCES, JOSE SARDESOM, VIRGI.IA SELIMAN and a- GEORGE TIRING. JR. by their attorney-in-fact GEORGE 'ROME, of the County of Weld �t and State of Colorado, of t.- first part, and ALICE PEIA of the County of Adam and State of Colorado, of to sasnd part: W1TAESSETH, That the s,:.c parties of the first part, for and in consideration` of the see of Ten-Dollars and other good and valuable consideration, to the said Parties of the first part ir. hand paid by said party of the second part, the racaipt whereof is hero'y -.,onfessec and acknowledged, have granted, bargsi nod, sold and conveyed, and by these presents do grfl- bargain, sr 1l. convey and confirn, unto tie said party of the secondpart, her heirs and assigns forever, all the described lot or parcel of land, situate, lying and being in the County u` Wald end State of Colorado, to-wit: The Southwest %matter (S'J ) of Section 1, Township I North, Range 67 Jest o` the 6th P.M., together with 8.1 shares of the capital • stock of The :M., Rrantner()Itch an and .2 of a capital stock of The Brighton Ditch Company. ' TOGETHER with all and singular the heraditaoents and rate be%ocaing, or in anywise appertaining, and the reversion and reversions, remainder a, -araboers, rents, issues and profits thereof; and all the estate, right, - s^ -.: i-,terest, claim and demand whatsoever of the said parties of the first .. -, either in law ur equity, of, in and to the above bargained premises, with h: -areal Ca... and appurtenances. "c HmVE MID TO HOLD the sal: orerrses above bargained and described, with t appw—::nances, unto the said party of toe second part, her heirs end assigns And t.K said parties of the fleet part, for themselves, their heirs, executors, an.: administrators, do covenant, grant. bargain, and agree to and with the said party of the second port, her heirs and assigns, that et the time of the anseal- C in and `-ivory of than presents, they are well seized of the premises above u ray tonveynd, as of good, sure• perfect, absolute and ids/wsible*state.of Inheritance,.. . in iywr in fee single, std hen good right, full power and lawful authority to C2 grant, bargain, sell and convey the sane In manner and farm as aforesaid, end that ' ...Two :-<s+r: '�i:..arraaakisn'fPivtk.S, ti!L•ea'tea. ..�: _ . ;: • ;;at mu&89 the sae an free and clear free all former and other grants, bargains, sales, litre, teen, Mat, sad encumbrances of whatever kind or nature soever encnpt reservations. restrictions, enaaents, rights of way, anal conditions, of record, if any, and except the lien of the 1963 taxes, payable in 1964, and any lien by reason of inclusion of the property in The Northern Colorado Water Conservancy District. Party of second part shall pay said 1963 taxes on that part of the property conveyed by instrument erne in Book 1066, page 529• Weld County records. Women S. Burge shall be obligated for.1963 taxes on the remaining part of the property, and the above bargained premises in the quiet and peaceable possession of the said party of the ,:cord part, her heirs and assigns again;i,all and every person or persons lawfully claiming or to claim the whole or arty part :h reoi• the said parties o' the first part shall and w'll WARRANT ANO FOREVER DeltrD. 1K WITNESS AIEREOF, the said parties of the first part have hereunto sn. their hands and seals the day and year firstJabove wr tten. Ndr/m�an B. Burge • / Awj c',. _ la a .y_ . Georg (;c.0 Scone/ for himself Shirley A,A ankenship, `._s,.c v'cC ,:r,-tt.t.. y (;..ii -Lucille Danley ✓ / . . '.....1.-none... IrC'.1<.-• i-C I1 -June Sardeson Virginia Sellman / r +*%5�'cc '-•. ♦- ^__(:[p) Georne.Trunic,.Jr. By . ---•;•0•J. ..e -tom/ ('E',l1 George Trunk, their ,ttumry-i,.-'..:t STSTE OF COLORADO ) as CePaNTyt 'ix it ) The foregoing instrument was acknowledged before me this San, ,I ! 'i A.A. '963, by homer B. Berge. be cowsisslon tap"se: 7/)a'NC 6 /9/p..... witness ter bend S official seal. Notary ►u!ilc ", e • • • ;.,.1653 ma168 1111...,,. yy� Ga.a�q ! C rti �yt a�e441 JL ,.sa kq«ene.i.dn•roe+• • C�x�.�•.aa nor•e,.i p i Sets Cdr.•10 Sob p1s�d afar la i ru4�dfo 1eg0 �� A. n ullo �e or yXia f. Awrge Trunk, Jr. by their attorney-in-fact'George Trunk t 6ns•rr le be th.p _ ea awe_ 1S e 1".6F ild is wak e.e 7• ..oe,eat to.e that (sumo I ihe at. ........,o. or wow... hn,..n.a/eAoLar.AA MINIM CFaA.Nmn ha a a...v 1111...a.sena,...e.. r am w e .A..eee=NA wady 1111 Nijnignrireetigr4Glgwwit • • qj WARRANTY DEED • THIS DEED,dated March 7,2007,between,ALICE E.PEAR,also known as ALICE PEHR,of the County of Weld, State of Colorado, hereinafter Grantor, and DAVID W. PEHR whose address is 7880 Maria Street, Westminster,CO 80030,hereinafter Grantee: WITNESSETH,that the said Grantor,in consideration of the sum ofTWENTY DOLLARS($20.00)and other good and valuable consideration in hand paid to the said Grantor by the said Grantee,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the said Grantee,his successors and assigns forever,the following described land situate in the County of Weld,State of Colorado,to-wit: That part of the Southwest quarter of Section I, Township 1 North, Range 67 West of the Sixth Principal Meridian described as Lot A,Pehr Recorded Exemption No. 1469-01-3 RE 4492. TOGETHER with all and singular the hereditaments and appurtenances[hereunto 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 said Grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. AND TOGETHER with all minerals,mineral rights,water and water rights in,on or under said real property. but not including any share of the Brighton Ditch or the Brantner Ditch, AND TOGETHER with a perpetual easement for access from Weld County Road 23 to the property herein conveyed for all vehicular and other traffic and for the construction,operation,maintenance and reconstruction of utilities,which easement shall be thirty feet wide over,across,under and through the property described as: Beginning at a point lying on the easterly right of way line of said Road 23 a distance of 1390 feet southerly from the West quarter corner of Section I, Township I North,Range 67 West of the Sixth Principal Meridian;thence easterly 280 feet to the northwest corner of the property herein conveyed; thence southerly and along the West line of the property herein conveyed a distance of 30 feet;thence easterly and parallel to the North line of this easement a distance of 280 feet to a point on the easterly right of way line of said Road 23;thence northerly and along the easterly right of way line of the said Road 23 a distance of 30 feet to the point of beginning. RESERVING HOWEVER,unto Grantee an easement over and across the East thirty feet of the property herein conveyed for the operation and maintenance of Pehr Lateral of the Brighton Ditch and also to allow access to Lot B of the above Recorded Exemption for farm machinery. • AND FURTHER RESERVING unto the said Grantor all oil and gas royalties payable for oil and gas produced from the property herein conveyed during the life of the Grantor,but this reservation does nut include the right to prospect for, mine or remove the same,which rights are expressly and presently conveyed hereby to the Grantee,his heirs and assigns,free of this reservation,and upon the death of the Grantor,this life estate in Grantor shall terminate and the said royalties shall be the property of the Grantee,his heirs and assigns. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said Grantee,his successors and assigns,forever. And the said Grantor,for herself,her heirs,successors,executors and administrators,does covenant,grant,bargain and agree to and with the said Grantee,his successors and assigns, that at the time of the ensealing and delivery of these presents,she is well seized of the premises above conveyed,as of good,sure,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 and encumbrances of whatever kind or nature soever,EXCEPT: general real estate taxes for 2006 and subsequent years and easements of record on the date hereof. AND the above bargained interest in the said premises in the quiet and peaceable possession of the said Grantee,his successors or assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said Grantor shall and will WARRANT AND FOREVER DEFEND. Signed and delivered this 7`h day of March,A.D.2007. �/�A� j Alice E.Pehr,also known as Alice Pehr STATE OF COLORADO ) )ss COUNTY OF ADAMS The foregoing WARRANTY DEED was acknowledged before me this 7'h day of March,2007 by Alice E.Pehr,also known as Alice Pehr. My Commission expires • i f ,I' tFEr C.`ttl �t 0 • 111111111111111111111111111111111111111III1111111111111 uB`I� n 3461165 03/09/2007 03:11P Weld County, CO tl �OF co*** 1 of t R 6.00 0 0.00 Steve Moreno Clerk Si Recorder tl ia3 a, s .�'84 p Sig o gEE`°• f E F ZF _£g's5b I 3,, - . Egsp4 € . ...1€p: o ti•-tiP, - a F 45 '8 a8=gg gs -,cek gv z 42 g w a 4 ga, �g25gge,giboS.Ei88� E �E3 !a hz il42 112; td t4 a f 6 r #k II gag $e §g g$ `x a g' g p g8 b �} sga II1 9,£^F S44oe ^ a. 7 qg° E e§^1"_ - 5 g. s s§' 8 a g$e a 99` 1'a s$ige i 3 8§0 . �', 14, „�a .: o t§ .i a fa' 18' }O �y ' , oia > vo, 4:a 0 I tl -� I V II w II - - - _ a — S 3�2 c �3tt ,Eq �¢ 6.8Y o-c.b0 n i! ka r cr) h o r-- rg cD vo IQa I �� • r..2 W \-H ` 1 h ;k4g W (n J E CC T el 44 g 8 8444 i at L_ m m 2 e.�'9 roW o ' g '` e v 438 X ~ LLO ,i Z o $�.gts b `� Ur e IN 3, E@ W2 XX l0 QF'O ,8 � o . ,8 ra �ppsfl s._ yr I L J �I O e l .8 �' a i F v s1 2t ' 4''WU O � =U B • o S o ` z I 4l• ari 1 F �g - F % III O O T�s C�Lij j I O 1- - j'- 1 ▪ Z o �� 8 = keU . T ct O r11 R w T Z (:',1 X4 f)t \V J W o LI l g' a $ A H w ' ,x g u li F- T !!! - S o h Z ` 0 1 14 heeled.e darse Y AR2279699 D 1327 EEC 02279695 03/02/92 13159 ;5.00 1/001 ne P.1353 MART ANN PEDERBTSIN CLERK D RECORDER WELD CO, CO • Dim„ slap et 28th. dansFebruary, �Mgr 92,h.a.,e ALICE PEER, Imam as slim IALICE E..PE]Rt • • er •d ®b.e Wg?d d stye d • Cala.dt%of Da rat putt TAME=D. SCOTT and MEESE M. SCOTT of the Cady et. Weld and Mate d Calaads,al On seed putt WTH IWISMN,that tha odd put din End part,far red hi rrldenua of the wen of • Tai DOLLARS AND 011Iffit GC OD AID SUFFICIENT -------------=MAIM b th had paty of the flat pinioned paid by the aid partite of the send part,et,mint whereof b hseby teafend d atmoliedged,nu peaed,be plait,aid lad earned.ad by tine prat data grad,hagdo,all,any mud oodles one the aid pitta d the weal pert,thur ban is aalpa tamer,ant to bamy In amen but In blot Swag,all the bmowbg dredbd let or pmt d lad,Shut.,Ipbd is bias I.the cleat of Weld ad elate.f Clored%to wit lot A, Weld County Recorded Exemption Reber RE1379, according to the Flat thereof, County of Weld and State of Colorado, reserving however into the Grantor all oil. Pas, coal and other udrip•al s in on or under said premises and subject to all existing oil and gas leases. FAMILY Tt1AMIE - lit DOCIRENTARY Frei REQUIRED TOMS=with.R d dept the ha.dteasda.sat.pprtaaas thereato bdagbg,or be a ndee appatsabp,tho merlon mod nanba.,rent don and tided..,rub,Wen sad profits dared;end all the nab,tight,title,Leant,debt is deemed whew.,er d the did party of the flat pen,either b few or read,of,b ad b the shore bawled reds,with the he.Nbmab a.dappointees. TO WAVE AND TO HOLD thank,pens,atone hagld d dwathd,with the.plutaaer,ado the had pain of the sad cwt,lb*Inn is amp.faram.And S.w party of Os Ent pact,for her d f ,her ben,mean is adadeletrata saes went,pat,harpde toe ape a d with the ..M wen of the send past,tide Lin d naps,11.t at the thee d the.albs is ddimy of then paw • sob is ea Sad of to nods Any aaegd a d sod.aan,pd ste abalatt sad hddadhb flab of bbalday S la,is fa.npl.,ad ha pod debt,fa polar ad lawful authority a pat,In ttda,PE as an the ease Is amp is fora deal&ad that the urns r!no and Sir Lam a0 In. • sad Oboe pare,buphae wan,Ilea,ten ease atmb d ennedaaan of wener had or eaten.flea MEET rights of way and easements for public or private roads, ditches, canals or utilities presently app_eaariing�ooff�repm�yrdd,, all zoning regulations of the County of °.e gm bus nag p..oba a, cmd taxes cor ka.Non aedpad.Me penrZd3of to meld pale of the mood pd,En his.d spa,aphidai d way parr or pawalntOF dddq or tundra thimble er ny pad thereat, the ad yard of me Skit pen ehaD sod will WARRANT AND FOREVER DEPEND. IN WITNESS WHEREOF the add potty of 1L that pad boa hamso at her hand ad n it thu day ad par t shape.dat. aged,Boded eel Panne la Panne d the Rew MALI AAAii�(�E Pl+�t, also lanai a ALICE E. FEDt MALI STATE OP COLORADO, L — [mow Oftety ,..,....,.,ae�.,'�AI rYnth'V ass �p's'ieh�,•Steo Lfmaea is. dg ad •,•Uy lets, � Imam as Alice E. part• (� R7 eeaid;ebe {eyrg,,j•.[cwr ,Ip�1,Mem sags'mad afield sea r- l0 err 1 ( I '(iStH, --)M14;1O.211f.1• • .earn. • • 1 • Note Pea Eft P11. WILIA Moon-r.d,Y T -1 - tr ..ptgph,etk laHl aara la,•• � �� W.wr- zteslulM aehtr=m i0a..a ai.e.br,arratalle.li....p e1M easalperr Cee.lallatob Y�trisigt s DrpaW,Yard:Ts at wYr or OtaWar t;Mar erred won.MwteRSign SKLD LG SKL10422 WE 2279695-1992 . 001 Hello