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Home My WebLink About20111515.tiff KERR-MCGEE OIL AND GAS ONSHORE DIVISION ORDER Venture Number: 328247 Property Number: 1098298 , Property Name: RURAL 36-31 NB-CD Product: All Products WELD COUNTY COLORADO Status: NOT APPLICABLE CIO BOARD OF COUNTY COMMIS County/State: WELD/CO 915 10TH STREET Effective Date: DATES OF FIRST SALES Owner Number: RV37471504-WELD COUNTY COLORADO GREELEY,CO 80631 Interest Amt/Type: 0.00592772/RI Unit Description: T4N-R65W,Sec 31:SW/4SE/4, SE/4SW/4& T3N-R65W Sec 6:NW/4NE/4,NE/4NW/4 160 ACRES,MORE OR LESS NIOBRARA CODELL FORMATION The undersigned certifies the ownership of their decimal interest in production or proceeds as described above payable by KERR-MCGEE OIL AND GAS ONSHORE(Payor). Payor shall be notified, in writing, of any change in ownership, decimal interest,or payment address.All such changes shall be effective the first day of the month following receipt of such notice. Payor is authorized to withhold payment pending resolution of a title dispute or adverse claim asserted regarding the interest in production claimed herein by the undersigned. The undersigned agrees to indemnify and reimburse Payor any amount attributable to an interest to which the undersigned is not entitled. Payor may accrue proceeds until the total amount equals$100, or Sept. 30 whichever occurs first, or as required by applicable state statute. This Division Order does not amend any lease or operating agreement between the undersigned and the lessee or operator or any other contracts for the purchase of oil or gas. In addition to the terms and conditions of this Division Order,the undersigned and Payor may have certain statutory rights under the laws of the state in which the property is located. Note:NADOA Model Form Division Order(Adopted 9/95) WELD COUNTY COLORADO *Tax ID#84-6000813 C/O BOARD OF COUNTY COMMIS **Tax ID# 55gAig- -- --'61(-/-,1"-- Cl k to t Boy d Owner Signature/Corpo to Me Owner Address(if different from above) f/47/4_ barry/ts... .1, Barbara Kirkmeyer, Chair Deputy Cl jr yi'1' ;` �'1, Owner Signature/Corporate Title City,State Zip Code =, JUN 2 02011 1 poOwner Daytime Phone 'viii - COUNTY ATTORNEY STAFF APPROVAL This is to affirm the attached Division Order and Authorization to Receive Payment for an Oil and Gas Well has been reviewed by the County Attorney's staff as to form, legal description, and percentage of royalties, if applicable. / BY /� :, Cou Attorney DATE: Anadarko Petroleum Corporation Owner On-line Access To access your check/EFT statements on-line via the Internet. Go to .,. WwW.OIldex,Corp If you have not received a Check/EFT from Anadarko, Kerr McGee, Lance and Howell, no information will be posted onto the oildex website. Scroll down left side of page until you get to "Owner Relations Connect Websites" see below (6ildex mow ' smarter, ceataaA. serCrcessis` 'a. *warn aiaeraNr ' , ,vtrti3`` -. ' Sittiflitty Delivering inform atfpq .> Improving professes. Supporting better decisions. oaf Connect YW:site: Pere Energy Uf. Oildex is the energy industry's leading provider of digital data, anadeko N. workflow end spend analysis solutions,It provides the most BP rt comprehensive solution for managing revenues,expenses and 4,200 Companies Chevron U.S.A. business Intelligence, 44,000 Users c'orpcoehlens Devon cmininkm Today,more than 4,200 companies depend on Olldex to help WO billion in transaction kO a peso,tem treamilne their business processes,with services ranging deter yearly Click on Anadarko Then click on view Documeinh aa4u tvdputt. ;,lira; floe ru tuyft. Log In here and it will prompt you to put In your Login and password. NOTE: If you are a first time user be sure to click on First time users: click.nere!.. It will then prompt you to put in your Login and Temp Password LOGIN is your Owner Number = Is your 6 digit Anadarko owner number (Example: RV12345604 or JV12345601) APC/KMG owner numbers (Not the Payee #) are located at the top of your check detail, To access olldex you only need to put in the six digit owner number123456, leave off the RV or JV and Sthe O4 or 01 at the end if you are looking at a tax statement. it TEMP Password Is normaly the last 6 digits of your Tax ID/Social Security #on your account. (Example: SS# 123-45-6789 would be 456789) It will then prompt you to choose a password you can remember. New Password must be at least 7 digits long. Be sure to write your new password dowl i and keep it in a safe place so not to forget it. If you have any other problems accessing www.oildex.com please contact Olldex support directly at: support©oildex.com or contact owner.relations@anadarko.cont 1099 Misc Tax Form—go In the "Inbox" tab there Is a place that states "Display 1099's" If you have several owner numbers you will need to go to each Owner number. Dear Interest Owner: Enclosed are two copies of the Division Order or Transfer Order. An executed Division Order notifies the interest holder about property information relevant to the mentioned well, and gives the operator or payee the authorization to pay the owner based on the interest noted on the Division Order for that particular well. Please execute (sign in front of two witnesses) the original and retain the one marked "Copy"for your records. Sign exactly as shown on the Division Order or Transfer Order. Signatures must be witnessed by two people. A signature line has been provided for witnesses. If joint ownership, all owners will be required to sign but may sign separate copies. Signatures by Agents, Attorneys-in- Fact, Guardians or Trustees, must be verified by attaching evidence of the right to sign in that manner, such as a copy of the Power of Attorney. Include the correct Social Security Number or Tax Identification Number in the space provided. Failure to furnish this information may result in withholding tax in accordance with federal law and any tax withheld will not be refundable by payor. jf the name on the Division Order does not match the name on your Social Security Card, please advise us,in writing, of the differences Name. Address and Ownership Changes must be submitted in writing to the address listed below. Please include proper documentation confirming the change: ❑ For Name Chances: Marriage Certificate, Divorce Decree, etc. ❑ for Ownership Chances; Deeds, Assignments, etc., must be recorded in the County (Parish) in which the property is located prior to sending them to our office. The copy of the document sent in must have evidence of the recording (e.g., the recording stamp) on it. ❑ For Chances due to Death of an Owner: As a general rule, we require complete copies of probate proceedings rendered by a court having jurisdiction over the property in question. If the Estate was not probated, or if it was probated in a different state, other documentation may be required. ❑ Address chances Provide your Owner Number, Social Security Number, both the old address AND new address and new telephone number. Please note that Royalty Checks ARE NOT forwarded by Post Office. Please address all correspondence, including your executed Division Order, to the following address: Kerr—McGee Oil &Gas Onshore Attn: Division Orders P.O. Box 173779 Denver, CO 80217-3779 Anadarko Customer Relations toll-free telephone number: 1-800-359-169 . Our Customer Relations Agents are available between 9:00 to 11:00 am and 2:00 to 4:00 pm, CST, Monday Through Friday. Outside those hours, or in times of exceptional call volumes, you will be directed to leave a voice message. Our goal is to return your call within 48 hours When you wish to make an inquiry, please have available as much of the following Information as you can: o Owner Number o County and State where well is located o Well name and/or property number o Your telephone number with AREA CODE CUSTOMER WEBSITE: https://connect.oildex.com/apc. (instructions are listed on the back of this letter) For Technical Questions related to this website :lease call: 1-888-922-1222 ext 191 Direct Deposit: In order to improve our payment process Anadarko Petroleum Corporation and its subsidiaries have implemented an optional Direct Deposit program that will enable you to receive electronic funds transfers (EFT) In lieu of mailing revenue checks. If you choose to enroll in this program, you will still receive your check detail in the mail. Please call our Customer Relations Hotline 1-800-359-1692 ask for EFT information. RESOLUTION RE: APPROVE FARM LEASE AGREEMENT BETWEEN WELD COUNTY AND BENJAMIN AND JOANNE KNAUB AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Farm Lease Agreement between Weld County and Benjamin and Joann Knaub concerning real property owned by the County located in the North Half of the North Half of Section 6, Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, after review, the Board deems it advisable to approve said Farm Lease Agreement and authorize the Chairman to sign said Agreement, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Farm Lease Agreement between Weld County and Benjamain and Joanna Knaub be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of October, A.D. , 1985 , nunc pro tunc October 15 , 1985. BOARD OF COUNTY COMMISSIONERS ATTEST: ‘71K .�,(,I1,. ,, -f-4';!IA �, WELD COUNTY, COLORADO Weld County Clerk and Recorder \ ` � • and Clerk to the Board J ue ne Jo s.n, C airman BY: r�.t,td..((�/ti�Z n pn,� , ne R Brantner,Pro-Tem Deputy County Clerk 24. APPROVED AS TO FORM: C.W. - 4Q";)- 1 County Attorney EXCUSED D E OF SIGNING - AYE Frank Yamaguchi 850321 AR2028582 AGREEMENT TO ALLOW BENJAMIN AND JOANNE KNAUB TO USE CERTAIN LANDS OWNED BY WELD COUNTY, COLORADO FOR FARMING PURPOSES THIS AGREEMENT, entered this /5j day of t(;,¢ t_ 1985, by the parties hereto, Weld County, Colorado, y and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter "County," and BENJAMIN KNAUB AND JOANNE KNAUB, 3080 South Jay Street, Denver, Colorado 80227, hereinafter "Farmers. " WITNESSETH: That for good and valuable consideration received by County, County hereby agrees to allow Farmers the right to farm the land below County' s tower on the following described real property that is owned by County: A tract of land located in the North Half of the North Half of Section 6 , Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows: Commencing at the Northwest Corner of said Section 6 and considering the North line of said Section 6 to bear North 89°41 '06" East with all other bearings contained herein being relative thereto; thence North 89°41 '06" East, 2189.80 feet to the TRUE POINT OF BEGINNING; thence North 89°41 '06" East, 839.16 feet; thence South 00°18 '54" East, 30.00 feet; thence South 29°41 '06" West, 839.16 feet; thence North 30°18 '54" West, 839.16 feet; thence North 00°18 '54" West, 30.00 feet to the TRUE POINT OF BEGINNING; said tract of land contains 7.578 acres of which 0.578 acres are included in Weld County Road #38 right-of-way, resulting in a net area of 7.000 acres, more or less. Said parcel of land is hereinafter referred to as the "Parcel" according to the terms and conditions set forth herein. The Agreement herein is subject to the following conditions: 1. Term of Agreement. This Agreement shall remain in effect for a period of one year from its date of signing, and shall renew itself automatically for successive one year periods, unless and until either party serves upon the other a notice of termination of this Agreement. Said notice of termination must be received at least three months before the end of any one year period. Farmers shall have a right of entry on the parcels B 1088 REC 02028582 10/15/85 15:46 $0.00 1/002 F 0289 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO subsequent to the date of termination to cultivate and harvest any crops which may still be in production upon that date. 2. Allowed Use. Farmers shall refrain from using Parcel in any manner other than the growing of crops. Farmers shall construct no buildings nor other structures upon Parcel. CV IN WITNESS HEREOF, the parties hereto have subscribed their o names this /.51-k. day of Ce{a,(�c• , 1985. N OU COUNTY OF WELD, COLORADO, BY a AND THROUGH THE BOARD OF COUNTY o w COMMISSIONERS OF WELD COUNTY, o 8 COLORADO o a ATTEST: (,�wv,.. P.,Lat - w wo z Weld Cou%ko an__d Cle BSecqu�7in o n, C airman in D .Unity r w w14(` y/ m a L;,1::' FA RS: H �ti 1UL( 1 IQlL �' o F Benjamin naub rltn w SUBSCRIBED f� AND SWORN to before me this / - day of N m w VaB✓ 19 c1 by Benjamin Knaub. CO o z ' 0:...WilliTESS my hand and official seal. / 7 a i a•, Pt a" •<-', Nirt.ary Puby ct cq /01i .a•!. w o `}., ' , / rF¢ley• co F.9063/ c ri 0 '': rF/'a lye„want sston expires: 61742 o -41,1!!!':. Gs Joa`bne Knaub J, UBSCCRI 19 BED AND OR by Joanne Knaub.erJ to me this /6742t- day of < � .' ;,a1.!!b' 'SNgSS my hand and official seal. i : ;.�.o.tr� No ary u c . AN tip.\ expires: 7/7/11 Ciree%y , Co 806.31 ARd02n Se4 fly Re( order cam- l i'rlrrarly Teat Q D THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity)ies) named below as GRANTOR to the individual(s)or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way evidenced by recorded instruments(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5)any protect IN rovenants and restric- tions shown of record,and(51 any additional matters shown below under"Additional Warranty Exceptions The specific terms of this deed are: GRANTOR:Iew,name'1 and planets)of residence.d the spouse of the ownergrantor Is retiring rn tars Deed to nth-a.rs homestead rights. Idenuh grantors a,husband and vote I Benjamin and Joanne Knaub 380 South Jay Street Denver, CO 80227 GRANTEE: true namrhl and addinges),statement of address,including available road or street number,o renu.red I County of Weld, a body corporate and politic, c/o Board of County Commissioners of Weld County, Colorado, 915 Tenth Street, Greeley, Colorado 80631 FORM OF CO-OWNERSHIP: (If there are two or m a grantees named.then will be considered to tale as tenants so ornmon unless 'the words in taint tenancy"or words of the some meaning are added in the space below I PROPERTY DESCRIPTION: tlnrtrrde counts ana•tale I A tract of land located in the North Half of the North Half of Section 6, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Commencing at the Northwest Corner of said Section 6 and considering the North line of said Section 6 to bear North 89°41'06" East with all other bearings contained herein being relative thereto; thence North 89°41 '06" East, 2189.80 feet to the TRUE POINT OF BEGINNING; thence North 89°41'06" East, 839.16 feet; thence South 00°18'54" East, 30.00 feet; thence South 29°41'06" West, 839.16 feet; thence North 30°18'54" West, 839.16 feet; thence North 00°18'54" West, 30.00 feet to the TRUE POINT 'OF BEGINNING; said tract of land contains 7.578 acres of which 0.578 acres are included in Weld County Road #38 right-of-way, resulting in a net area of 7.000 acres more or less. ON CONSIDERAt I :Min soairment of a dollar ins "poonat aderyialr r •,dnaOnn for Os,dead 'dl mo Presumed unless tau a a r r unwyanre is tdrmdmd as a gAP in any rare thin runs r•ant r n ahmlotr.Irnal anA um°mbnnnal I FIFTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($15,750.00) RESERVATIONS-RESTRICTIONS:Ill dre CR aNloR intends to r esetue Inv'elemtt In the property Or rles less than he owns.on d rise GRANTOR iste•tna mg We GRAN]I I'5 rights in the property.make appropnate,ndvatmn I B 1088 REC 02028583 10/15/85 15:46 $0.00 1/002 F 0291 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ADDITIONAL WARRANTY EXCEPTIONS:(Include moneages being assumed and other matters nett routed above] See Exhibit r'A" A • • Signed on l.'c tl�T.'" Z �� _ 49 '� /1,{� �'S't'C'rt' .GS-4l.(�^� Ar 4.•'^, --� Benjami Knaub Grantor „4,:)))O $ N. '',. "...it Joanne Knaub Grantor {T.5th��F Ad[QRADO 7 x 4,EC(N3raF1"OF U/ELD J ss. /�,, Grantor i Vsifpf ttnmg iwslrument was acknowledged before me this 0/61 day of (QC�bt e , 19 p^S' :." MA n3amin Knaub ?.s�'yA'fNES5'my hand and officia) seal. :-21=-1 JV QFnrn4on expires: 8l7/ t4/S/a rA $ . NOIary Public �rPeEey COST Er£iT7F- �� la‘ IS TgpF-.WEtA )ss. r/a$ fl$oregoing iixtrument was acknowledged before me this5-�„ day of((x/pber , 19 dS - fl rLolanno Knaub / fh9C�trjly'hand and offiva seal. / / 1.4 Ai},y. elusion expires: /{ ry '� d ±- "" /uu \ Notary PublicorPPlty, et _ 19,i;11 yA�h;JtLE:JPL FOAMS .-_�/�7�.,� NO 201 P d.'flQX'At r- nrcEI FY,Cot 0R.,CO 8t5't2 �! EXHIBIT A 1 . Rights of way for county roads 30 feet wide on each side of section and township lines, as established by order of the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. 2. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded March 25 , 1913, in Book 370 as Reception No. 187444. (Affects NE4 6-3-65) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded September 19, 1917, in Book 461 as Reception No. 258951 . (Affects NWT 6-3-65) 4. Oil and gas lease between Benjamin Knaub and Joanne Knaub and Martin Oil Service, Inc. , dated April 12, 1979, recorded April 4, 1979, in Book 864 as Reception No. 1786364, and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to '73 CRS 38-42-106 , by Martin Exploration Management Corporation, recorded April 13, 1981 , in Book 933 as Reception No. 1854 891 . 5. The effect of any failure to comply with the terms, covenants and conditions of the contracts or agreements described or referred to in Schedule A. B 1088 REC 02028583 10/15/85 15: 46 $0.00 2/002 F 0292 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO FOAM NO.C-5000 Colorado Region Form 342 ALTA Owners Policy—Form B—1970 Amended 10-17-70 POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1.Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2.Any defect in or lien or encumbrance on such title; 3.Lack of a right of access to and from the land;or 4, Unmarketability of such title. IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. 1 Transamerica Title Insurance Company -tptFwuxuy;�;. a By — "Th President By rif SecretarySecretaryr� t•"(tl'(i11iithtl4fif•7� SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse- quent to Date of Policy; or(e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or de- The following terms when used in this policy mean: fense is interposed as set forth in (a)above,(ii)in case knowl- (a) "insured": the insured named in Schedule A, and, edge shall come to an insured hereunder of any claim of title subject to any rights or defenses the Company may have or interest which is adverse to the title to the estate or interest, against the named insured, those who succeed to the interest as insured, and which might cause loss or damage for which of such insured by operation of law as distinguished from the Company may be liable by virtue of this policy, or (iii) if purchase including, but not limited to, heirs, distributees, title to the estate or interest, as insured, is rejected as un- devisees, survivors, personal representatives, next of kin, or marketable. If such prompt notice shall not be given to the corporate or fiduciary successors. Company, then as to such insured all liability of the Company (b) "insured claimant": an insured claiming loss or dam- under. shall cease and terminate in regard to the matter or matters age (b) "icu for which such prompt notice is required; provided, however, (c) "knowledge": actual knowledge, not constructive that failure to notify shall in no case prejudice the rights of any knowledge or notice which may be imputed to an insured by such insured under this policy unless the Company shall be reason of any public records. prejudiced by such failure and then only to the extent of such prejudice. (d) "land": the land described, specifically or by reference (c) The Company shall right at its own cost to in Schedule A, and improvements affixed thereto which by law have the constitute real property; provided, however, the term "land" institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any necessary or desirable to establish the title to the estate or right, title, interest, estate or easement in abutting streets, interest as insured, and the Company may take any appro- roads, avenues, alleys, lanes, ways or waterways, but nothing priate action under the terms of this policy, whether or not herein shall modify or limit the extent to which a right of it shall be liable thereunder, and shall not thereby concede access to and from the land is insured by this policy. liability or waive any provision of this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or (d) Whenever the Company shall have brought any action other security instrument. or interposed a defense as required or permitted by the pro- f) "public records": those records which by law impart visions of this policy, the Company may pursue any such constructive notice of matters relating to said land. litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF to appeal from any adverse judgment or order. TITLE (e) In all cases where this policy permits or requires the The coverage of this Company to prosecute or provide for the defense of any action policy shall continue in force as of or proceeding, the insured hereunder shall secure to the Date of Policy in favor of an insured so long as such insured Company the right to so prosecute or provide defense in such retains an estate or interest in the land, or holds an indebted- action or proceeding, and all appeals therein, and permit the ness secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured for chaser from such insured, or so long as such insured shall such purpose. Whenever requested by the Company, such have liability by reason of covenants of warranty made by insured shall give the Company all reasonable aid in any such such insured in any transfer or conveyance of such estate or action or proceeding,in effecting settlement,securing evidence, interest; provided, however, this policy shall not continue in obtaining witnesses, or prosecuting or defending such action force in favor of any purchaser from such insured of either or proceeding, and the Company shall reimburse such insured said estate or interest or the indebtedness secured by a pur- for any expense so incurred. chase money mortgage given to such insured, 4. NOTICE OF LOSS—LIMITATION OF ACTION 3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF In addition to the notices required under paragraph 3(b) CLAIM TO BE GIVEN BY AN INSURED CLAIMANT 9 P g P of these Conditions and Stipulations, a statement in writing (a) The Company, at its own cost and without undue of any loss or damage for which it is claimed the Company delay, shall provide for the defense of an insured in all litiga- is liable under this policy shall be furnished to the Company lion consisting of actions or proceedings commenced against within 90 days after such loss or damage shall have been de- such insured, or a defense interposed against an insured in an termined and no right of action shall accrue to an insured action to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have been in said land. to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damage an alleged defect, lien, encumbrance, or other matter insured shall terminate any liability of the Company under this policy against by this policy. as to such loss or damage. Continued on Front of Back Cover \\ DIVISION OF INSURANCE anT.•A�RrMA I DEPARTMENT OF REGULATORY AGENCIES 106 STATE�"�@,PJ'O OFFICE BUILDING • 201 E.COLFAX AVE. IBBB DENVER.COLORADO SO2O3 STATE OF COLORADO cRIcr.RO B NES C L L May 1, 1977 o.RBBoRER ROBERT L �.eo.OR c" ER Dear Real Estate Purchaser: Following this letter you will find a brief explanation of your title Insurance commitment and policy. Title insurance companies are regulated by this Division, as are other types of insurance companies. This Division makes certain that com- panies issuing title Insurance commitments and title insurance pol fetes are financially sound, and that they operate in accordance with statutes and regulations. We also have a great interest in making certain that you, as the consumer, understand the purpose of title insurance and that you understand your rights under your insurance policy. In the event you are dissatisfied with responses given to your ques- tions or problems by your title insurance company, you are encouraged to send your questions concerning title Insurance or any complaints that you may have against your title insurer to this office. We are on hand to make certain that all your rights and remedi es, both under your policy and under law, are available to you at all times. Sincerely, CHARD BARNES, C.L.U. Commissioner of Insurance JRB:bi As a purchaser of a home or other real estate you may receive a"Commitment for Title Insurance"and a"Policy of Title Insurance'.'Both of these documents. like many others in connection with your purchase,are contracts creating legal rights which you should read carefully and which you may wish to have examined and explained by a lawyer or other adviser.While the following description of these documents cannot change the precise terms of these documents, it is hoped that this will help you to understand their purpose and effect and answer some of your questions about them. QUESTION:"WHAT IS TITLE INSURANCE?" ANSWER: Basically,it is a contract with the title insurance company in which the company agrees to defend and indemnify you against losses which you may suffer because of unreported detects in the title to your property as of the date of the contract. It is not casualty insurance and, therefore. does not protect you against acts of theft or damage to your home by fire,storm and the like. Essentially, the insurance insures that you have title to the property subject only to certain exceptions and exclusions listed in the Policy of Title Insurance. Title insurance recognizes the possibility of loss,but transfers the risk of loss from you as property owner to the company issuing the policy. For this reason title insurance companies are required to maintain reserves to cover losses. If you are financing your purchase,your lender will ordinarily require that you obtain a separate Lender's Policy to insure that your property will in fact serve as security tor its loan. QUESTION:"WHAT DOES THE PREMIUM PAY FOR?" ANSWER:The one time,non-recurring premium pays for several things.It helps to pay for the cost of collecting,maintaining,searching and examining real estate records and certain other public records which relate to your property so that the title insurance company can determine the insurability of your title. For example,the title insurance company will determine whether the public records show that your seller really owns the properly,what mortgages or liens la recorded legal claim)may exist,whether there are restrictive covenants on your CONTINUED ON REVERSE property or easements which allow p._ ins to cross your property or to place utilities acre ,our property.The premium also serves to finance certain legal costs which may arise if your title is challenged Additionally, payment of the premium requires the title insurance company to indemnify you for any losses you suffer as a result of the title company's failure to fulfill its contractual obligations under your title policy. QUESTION:"WHAT IS A COMMITMENT FOR TITLE INSURANCE?" ANSWER: A Commitment for Title Insurance is a standardized preliminary document authorized by the Commissioner of Insurance indicating that a title insurance company will issue a title insurance policy to you after certain steps have been taken,such as the payment of an outstanding mortgage or lien and the issuance of a deed to you. These steps are set out in the commitment as"requirements" in Schedule B—Section 1. In Schedule B—Section 2"Exceptions:the commitment also summarizes certain existing limitations on the use of your property,the defects in your title and liens against your property.Your policy will not protect you against these matters.You will note that some of these limitations and defects may still exist even after all of the requirements of the commitment have been met.These other matters are usually such things as restrictive covenants or easements for utilities and the like.You should carefully read both the"requirements"and the exceptions to title stated in the commitment so that you may raise objections it there are matters affecting the title to which you did not agree when you signed the contract to purchase your property. Some of the"exceptions are standard and will not normally be covered by your title policy.The first standard exception is any claim by parties in possession of the property which is not shown by the public records.This means,for example,that someone may have been living on the oroperty for a long period of time and may claim that they own the property,even though they do not have a recorded deed',or may claim that they are somehow otherwise entitled to be on the property.The title insurance company could not learn of such a claim by examining the public real estate records.You should inspect the property to make sure that anyone living there will respect your ownership. Exception 2 of Schedule B similarly may mean that someone has used a portion of the property long enough to claim an easement,even though there is no instrument of record giving that person the authority to do so. Exception 3 of the standard commitment in essence says that the title insurance policy will not insure against problems concerning the exact boundary lines of the property you are purchasing,which means that you should make certain that there are no fences or other encroachments on your property,particularly if you do not have a survey Again,a title insurance company cannot determine whether such problems exist on your property because employees of the title insurance company will not inspect the property unless they are specially requested and paid to do so. Exception 4 excludes liens which may be filed against your property by someone who may have done work on the property and who has not been paid.The title insurance company does not have any way of determining whether such claims may exist in the absence of some recorded document.You may wish to verify that no such unsatisfied claims exist. The fifth standard exception is for matters which may arise following the issuance of the commitment and before you complete your purchase.Many companies also exclude taxes and special assessments which may be imposed against your property which are not recorded in the public records,or the amount of which has not yet been determined. If you are purchasing a single family residence, you may wish to check to see if you are entitled to obtain endorsement Form No.130 which removes several of the standard exceptions and will give you insurance for some of those matters. You will see that the commitment shows the amount of title insurance to be issued, together with the amount of the premium charge. Your seller should check with his broker and with the title insurance company issuing the commitment to make certain that he has paid the lowest premium to which he is entitled. For instance, it there has been a title insurance policy issued to your seller within the last two years, he may be entitled to receive some credit for the prior premium against the amount of premium which he will now pay. QUESTION:"WHAT IS THE POLICY OF TITLE INSURANCE?" ANSWER:The Policy of Title Insurance is a document which will be issued to you after your purchase transaction is concluded.It.too,is a standardized document,the printed portions of which have been approved by the Commissioner of Insurance. Schedule A of your policy will set forth,among other matters,the amount of insurance coverage,your name as the insured,your interest in the property,such as actual ownership or a leasehold interest,and the legal description of the property. Your title insurance policy, as any other insurance policy, has exceptions from coverage.These will be set forth in Schedule B of your policy and in the Schedule of Exclusions from Coverage.Matters which may limit coverage will be set forth in the"Conditions and Stipulations" section of the policy. In Schedule B of the policy,you will find those items against which the title insurance company does not,or cannot,insure.Many al these will be the same as the exceptions set out in Schedule B of the Title Commitment. The Schedule of Exclusions from Coverage excludes matters such as zoning ordinances which regulate how the property may be used, rights which may be possessed by a governmental body and which might be exercised against the property,and any defects of which you may be aware but have not informed the title insurance company. You may desire to investigate the status of these matters before you complete your purchase. Also excluded are defects or encumbrances which may be placed upon the property subsequent to the date of the policy. You should remember that a title policy is not a promise of indemnity against some defect or claim against your title which may be created in the future. It does protect you against loss or damage existing from defects in the title to real property existing prior to and as of the date of the policy even though they may not be discovered until some future date. The language concerning Conditions and Stipulations under which the title insurance company issues its policy contains an explanation of the terms of the policy,and also deals with how you should notify the title insurance company in the event you may believe that you may have a claim under the policy. If someone should assert that they have a right to use your property or that they own part of it.and you cannot find that right set forth in your policy as an exception or an exclusion,you must notify the title insurance company in writing of the situation. The address for this notification will normally appear in your policy Prompt notification will enable you and the company to deal with the matter or problem that you raise,if it is covered by the policy,so that the dispute may be resolved i n as timely a manner as possible. You should know that it the problem is covered by your title insurance policy,a title insurance company must usually bear the costs of litigation,either to defend your title in the event of an adverse claim against it, or sometimes to bring affirmative legal action to clear up the problem.In so doing,the title insurance company retains the right of settling the claim or pursuing the matter through the courts,if it believes that the rights asserted by a third party against your property are not legally justified. If the title insurance company takes the position that the matter which you raise is not covered by the terms of the title insurance policy, it must so notify you as soon as reasonably possible after you present your claim. QUESTION: "WHAT IF I STILL HAVE FURTHER QUESTIONS ABOUT THE COMMITMENT FOR TITLE INSURANCE OR POLICY OF TITLE INSURANCE?" ANSWER:You should certainly ask them of your attorney,the seller,the lender or the title insurance company. If you do not receive a satisfactory answer to your questions,you may contact the office of the Colorado Commissioner of Insurance,J.Richard Barnes,Commissioner, Department of Regulatory Agencies,106 State Office Building,Denver,Colorado 80203. Form Ng.C-I42.13 FORM NO. C-5000-1 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM S- 11170 (AMENDED 10-17-701 SCHEDULE A Policy No. 8019923 Amount of Insurance S 15,750.00 Order No. Date of Policy October 16, 1985 Sheet 1 of 3 7:00 A.M. 1. Name of Insured: WELD COUNTY, a Political Subdivision of the State of Colorado 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: WELD COUNTY, a Political Subdivision of the State of Colorado FORM NO. C-6000-2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10.17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 5-1970 (AMENDED 10.17.701 8019923 Sheet 2 of 3 SCHEDULE A—Continued The land referred to in this policy is situated in the State of Colorado, County of Weld . and is described as follows: A tract of land located in the N1 of the N1 of Section 6, Township 3 North, Range 65 West of the 6th P.M. , and being more particularly described as follows: COMMENCING at the Northwest Corner of said Section 6 and considering the North line of said Section 6 to bear N89°41'06"E with all other bearings contained herein being relative thereto; thence N89°41' 06'IE, 2189.80 feet to the TRUE POINT OF BEGINNING; thence N89°41' 06"E, 839 .16 feet; thence S00°18' 54"E, 30 .00 feet; thence S29°41 ' 06"W, 839 .16 feet; thence N30°1B ' 54"W, 839.16 feet; thence N00°18 ' 54"W, 30 .00 feet to the TRUE POINT OF BEGINNING FORM NO. C-6000-38 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 0-1970 (AMENDED 10-17.70) 8019923 Sheet 3 of 3 SCHEDULE B This Policy does not insure against loss or damage by reason of the following: L Rights or claims of parties in possession not shown by the public records. 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 cor• rect survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 5. Taxes due and payable: and any tax, special assessments, charge or lien imposed for water or sewer service,or for any other special taxing district. Any and all unpaid taxes and assessments. 6 . Rights of way for county roads 30 feet wide on each side of section and township lines, as established by order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 7 . Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded March 25, 1913 in Book 370 as Reception No. 187444 . (Affects NE% 6-3-65) 8 . Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded September 19, 1917 in Book 461 as Reception No. 258951 . (Affects NW; 6-3-65) 9. Oil and gas lease between Benjamin Knaub and Joanne Knaub and Martin Oil Service, Inc. , dated April 12, 1979, recorded April 4, 1979 in Book 864 as Reception No. 1786364 , and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Pro- duction, pursuant to ' 73 CRS 38-42-106, by Martin Exploration Management Corporation, recorded April 13, 1981 in Book 933 as Reception No. 1854 891. 10. Terms, agreements, provisions, conditions and obligations as contained in Agreement to Allow Benjamin Knaub and Joanne Knaub to use Certain Lands owned by Weld County, Colorado for Farming Purposes, recorded October 15, 1985 in Book 1088 as Reception No. 02028582. Continued from Back of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or more the amount of insurance under this policy together with any parcels which are not used as a single site,and a loss is estab- costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, the of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if ant and authorized by the Company. the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel 6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise (a) The liability of the Company under this policy shall been agreed upon as to each such parcel by the Company and in no case exceed the least of: the insured at the time of the issuance of this policy and (i) the actual loss of the insured claimant: or shown by an express statement herein or by an endorsement (ii) the amount of insurance in Schedule A. attached hereto. (b) The Company will pay, in addition to any loss insured 11. SUBROGATION UPON PAYMENT OR SETTLEMENT against by this policy,all costs imposed upon an insured in liti- gation carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under costs, attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company such insured with the written authorization of the Company, unaffected by any act of the insured claimant. The Company (c) When liability has been definitely fixed in accordance shall be subrogated to and be entitled to all rights and reme- with the conditions of this policy, the loss or damage shall be dies n or rh such insured in claimant s would have had t against any payable within 30 days thereafter. person property in respect to such claim had this policy not been issued, and if requested by the Company, such insured 7. LIMITATION OF LIABILITY claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect No claim shall arise or be maintained under this policy such right o subrogation and shall permit the Company to (a) if the Company, after having received notice of an alleged the name of such insured claimant in any transaction or defect, lien or encumbrance insured against hereunder, by litigation dosnot involvingloss such or remedies.claimant,f the payment litigation or otherwise. removes such defect, lien or encu shall cover the such such insured htsn ed the Company pro- brance or establishes the title, as insured, within a reasonable shall be subrogated said to rights and remedies in the time after receipt of such notice; (b) in the event of litigation portion which said payment bears to the amount of said loss. until there has been a final determination by court of com- If loss should result from any act of such insured claimant, patent jurisdiction, and disposition of all appeals therefrom, such act shall not void this policy, but the Company, in that adverse to the title. as insured, as provided in paragraph 3 event, shall be required to pay only that part of any losses hereof; or (c) for liability voluntarily assumed by an insured insured against hereunder which shall exceed the amount, if in settling any claim or suit without prior written consent of any, lost to the Company by reason of the impairment of the right of subrogation.the Company. B. REDUCTION OF LIABILITY 12. LIABILITY LIMITED TO THIS POLICY All payments under this policy, except payments made for this instrument together with all endorsements and other costs, attorneys' fees and expenses, shall reduce the amount instruments. if any, attached hereto by the Company is the of the insurance pro tanto. No payment shall be made without entire policy and contract between the insured and the producing this policy for endorsement of such payment unless Company. the policy be lost or destroyed, in which case proof of such Any claim of loss or damage, whether or not based on loss or destruction shall be furnished to the satisfaction of negligence, and which arises out of the status of the title to the Company. the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions 9. LIABILITY NONCUMULATIVE and stipulations of this policy. No amendment of or endorsement to this policy can be It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached hereto under this policy shall be reduced by any amount the Corn- signed by either the President, a Vice President, the Secretary. pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or authorized shown or referred to in Schedule B hereof which is a lien on signatory of the Company. the estate or interest covered by this policy, or(b)a mortgage hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this All notices required to be given the Company and any policy.The Company shall have the option to apply to the pay- statement in writing required to be furnished the Company ment of any such mortgages any amount that otherwise would shall be addressed to Transamerica Title Insurance Com an be payable hereunder to the insured owner of the estate or P. O. Box 605, Denver, Colorado 80201. p X k _ ! !/ . ! \ _ ! !/ ! k Q § k 2 if 12 t§ \ \ fi / /. / . a . \ . / • \ . . & 4\ # § R f § § § 3! !� !, 3! |; . . !f | § 2 B | f r mie) / ! ( \ ` § �_ ` ! ° ` " `r | / c CO 0 U �cts / en � _ \ t O � k • \ § / e8 dab e H 1...4 PrE z y 2c flIt $� � /\ ._ 5:�% ' • \\ . h/ . \/ h\ ' !1!!!!!c:;° ° 6R #a « ' �®liii /\ -f �A // 2 | 8 » ©! . . . ! | \� itc \® AR2026043 B 1085 REC 02026043 09/25/85 12:05 $0.00 1/002 F 1244 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RESOLUTION RE: APPROVE AGREEMENT AND ADDENDUM FOR SALE AND PURCHASE OF VACANT LAND FROM BENJAMIN AND JOANNE KNAUB AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County desires to purchase land on which to place a communications tower, and WHEREAS, Benjamin and Joanne Knaub, have agreed to sell to Weld County a parcel, containing approximately seven acres within the following tract: NIIN1/2 of Section 6 , Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, an Agreement and Addendum, for the purchase of the above described parcel has been presented to the Board, a copy of which is attached hereto and incorporated herein, and WHEREAS, after study and review, the Board deems it advisable to approve said Agreement and Addendum for the purchase of vacant land from Benjamin and Joanne Knaub. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement and Addendum concerning the sale and purchase of the hereinabove described parcel of land from Benjamin and Joanne Knaub be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement and Addendum. 850320 B 1085 REC 02026043 09/25/85 12:05 $0.00 2/002 F 1245 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 2 RE: PURCHASE OF LAND AGREEMENT - KNAUB The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of September, A.D. , 1985. /� `7 BOARD OF COUNTY COMMISSIONERS ATTEST. ,m „ WELD COUNTY, COLORADO Wel I , and Recorder EXCUSED an ' t Board Ja eline Johnson, Chairman MC BYi �,> ene R. Brantner, Pro-Tem 1 ounty C1 k • / APPROVED AS TO FORM: C. . K c� G Lit County Att ney �/j �� Fr 4*a�ch ARdOeu044 B 1065 REC 02026044 09/25/85 12:05 $0.00 1/007 F 1246 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND T IS GREEMENT, made at Greeley, Colorado, this 5rmil day of , 1985, between WELD COUNTY, COLORADO, by and tt ugn the Board of County Commissioners of the County of Weld, he einafter "Purchaser, " and BENJAMIN KNAUB AND JOANNE KNAUB, 3080 South Jay Street, Denver, Colorado 80227, hereinafter "Sellers. " WITNESSETH: That in consideration of the payment by the Purchaser to Sellers of the sum of FIFTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($15 ,750.00) in cash, and other good and valuable consideration, Sellers agree to sell to the Purchaser and the Purchaser agrees to purchase from Sellers the below-described property: The parcel of land including seven (7) acres, more or less, within the following tract: The North Half of the North Half (N'N1/2) of Section 6, Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado. Said parcel of land is triangular in shape and is located approximately 3.5 tenths cf one mile west of the Northeast Corner (NE Cor) of the Northeast Quarter (NE;) of said Section 6, Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado. Said parcel of land is hereinafter referred to as the "Parcel" according to the terms and conditions set forth hereih. The agreement of sale and purchase of Parcel is subject to the following conditions: 1. Sellers shall furnish to Purchaser a warranty deed conveying only the surface rights of the Parcel. Title insurance to be provided by Sellers. 2. Title shall be merchantable in Sellers, except as stated in this paragraph and in paragraph 5. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Sellers shall execute and delive cod and sufficient special warranty deed to Purchaser on ( lG.� '/J96. or, by mutual agreement, at an earlier date, conveying the property free and clear of all taxes, except general taxes for 1985, payable January 1, 1986, and free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not; free and clear of all liens and encumbrances, and except the recorded Page 1 of 5 Pages B 1085 REC 02026044 09/25/85 12:05 $0.00 2/007 F 1247 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO and/or apparent easements, and subject to building and zoning regulations and reserving all mineral rights to the Sellers. 3. General taxes for the year 1985 shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment. 4 . The date of closing shall be the date of delivery of deed as provided in paragraph 2. The hour and place of closing shall be designated by Sellers. 5. Except as stated in paragraph 2 and this paragraph, if title is not merchantable and written notice of defect(s) is given by Purchaser or Purchaser's agent to Sellers or Sellers' agent on or before date of closing, Sellers shall use reasonable effort to correct said defect (s) prior to date of closing. If Sellers are unable to correct said defect(s) on or before date of closing, at Sellers' option and upon written notice to Purchaser or Purchaser' s agent on or before date of closing, the date of closing shall be extended thirty (30) days for the purpose of correcting said defect(s) . Except as stated in paragraph 2, if title is not rendered merchantable as provided in this paragraph 5, at Purchaser' s option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser provided, however, that in lieu of correcting such defect(s) , Sellers may, within said thirty (30) days, obtain a commitment for owner's title insurance policy in the amount of the purchase price reflecting title insurance protection in regard to such defect(s) , and the Purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title. The Sellers shall pay the full premium for such owner's title insurance policy. 6. The Sellers agree to release the Purchaser from all consequential damages, except as otherwise set forth herein in paragraph 8 and except damages caused by the negligent or willful misconduct of the Purchaser or its employees, present or prospective, to the remainder of Sellers' property arising out of the operation and maintenance, or repair of the tower located on the Parcel. Page 2 of 5 Pages B 1085 REC 02026044 09/25/85 12: 05 $0.00 3/007 F 1248 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 7. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF SELLERS ARE IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damager as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, or both. (b) IF PURCHASER IS IN DEFAULT, (1) Sellers may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Sellers and Sellers may recover such damages as may be proper, or (2) Sellers may elect to treat this contract as being in full force and effect and Sellers shall have the right to an action for specific performance or damages, or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expenses, including attorneys fees. 8. Sellers shall apply to Weld County, at Purchaser's expense, for authorization pursuant to Weld County Subdivision Regulations, to create the two lots as shown on Exhibit "A." Expenses shall include costs of application fees, survey and recording costs. This contract shall be contingent on final approval and recordations of appropriate plats by Weld County. • 9. Possession of the property shall be delivered.-- to Purchaser upon closing and shall not be subject to any leases or tenancies. Sellers shall assume all costs of compensating any tenants or leaseholders for any damages as a result of the taking of any remainder. 10. The Sellers represent and warrant as the day hereof and as of the date of the closing that neither the execution of this Page 3 of 5 Pages B 1085 REC 02026044 09/25/85 12205 50.00 4/007 F 1249 MARY ANN FEDERSTEIN CLERK 8 RECORDER WELD CO, CO contract nor the consummation of the transaction provided for herein constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under, any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license, judgment, decree, order, instrument or other verbal or written agreement to which Sellers are parties of is subject or to which the property is subject, except as provided herein. 11. The sale and purchase of Parcel according to the terms stated herein shall be contingent upon the results of radio propagation testing of Parcel by Purchaser. Sellers agree to allow Purchaser or its agents entry upon Parcel for the purpose of conducting said radio propagation testing after the date of signing of this Agreement and before the scheduled date of closing. If the results of said propagation testing are not satisfactory to the Purchaser, this Agreement shall be null and void and Purchaser shall not be obligated to purchase Parcel. Purchaser agrees to inform Sellers of the results of said propagation testing at least ten (10) days before the scheduled date of closing. 12. The sale and purchase of Parcel according to the terms stated herein is contingent upon Purchaser' s receiving approval and obtaining any necessary permits from Federal, State, and local governments for the placement and operation of a radio tower upon Parcel. 13. The purchase and sale of Parcel according to the terms contained herein is contingent upon Purchaser's obtaining electric power from Home Light and Power Company, Sellers may, at any time, tap into any electric lines running from Home Light and Power Company's main lines to any facility maintained upon parcel by Purchaser. Sellers may tap into said lines only in accordance with Home Light and Power Company's rules and regulations and must be in compliance with any and all local, state, and . federal government regulations concerning said tap on electric lines. 14 . Sellers agree to allow Purchaser access to Parcel for the purpose of wiring Parcel for the necessary electricity to operate the radio antenna proposed for the site after the date of signing of this Agreement and before the scheduled date of closing. Page 4 of 5 Pages B 1085 REC 02026044 09/25/85 12:05 $0.00 5/007 F 1250 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO If this proposal is accepted by Sellers in writing and Purchaser receives notice of such acceptance on or before , 1985, this instrument shall become a contract between Sellers and Purchaser and shall inure to the benefit of the successors and assigns of such parties. IN WITNESS HEREOF, the parties hereto have subscribed their names this 16th day of September , 1985.'llATTEST ‘111 BOARD OF COUNTY COMMISSIONERS It WELD NTY, COLORADO Weld Countytrk & corder and Clerk tithe B BY:�ICJ 0-YAL.C. :� , Protern airman forchaser Y eput . pun ;r rk s 1 (The f ing section to be completed by Sellers. ) Sellers accept the above proposal this 'f .z day of (2(.Vfi/L/9r-C 1985. p /� Ara AK) /yes J 0-�co-e rnazkfr EA ' ,-.) l a ci, „tht,9 errs °q•; , [AFL �SOARED AND SWORN to before me this `,/ day 'of ;___ , 1985. o=;!'tfBbi� jd , •my hand and official seal. 7 toqop co ,00 Notary y . . ``e My commission expires: My Commission expires IS 'ZS'FS7 P 5353 West Dartmouth Ave, Denver, Colorado 80227 SUBSCRIBED AND SWORN to before me this day of , 1985. .._ „_ , •...• WITNESS my hand and official seal. Notary Public My commission expires: Page 5 of 5 Pages B 1085 REC 02026044 09/25/85 12:05 6/007 F 1251 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ADDENDUM TO AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND THIS ADDENDUM to Agreement for Sale and Purchase of Vacant Land, made at Greeley, Colorado, this 4th day of September, 1985, between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of the County of Weld, hereinafter "Purchaser," and BENJAMIN KNAUB AND JOANNE KNAUB, 3080 South Jay Street, Denver, Colorado 80227, hereinafter "Sellers. " WITNESSETH: That in further consideration of the payment by the Purchaser to the Sellers of the sum of FIFTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($15 ,750.00) in cash, and other good and valuable consideration, Sellers and Purchaser agree to the following Addendum to the conditions which are part of the Agreement for Sale and Purchase of Vacant Land between the parties and dated September 4, 1985: 15. Seller shall have first right of refusal to repurchase the Parcel when if Purchaser decides to sell Parcel. Purchaser shall notify Seller of Purchaser's decision to sell Parcel immediately after such decision is made. Purchaser will then take bids on said Parcel. Once the bidding is complete, Seller shall then have the right to repurchase Parcel by matching the highest bid received by Purchaser. IN WITNESS HEREOF, the parties hereto have subscribed their names this 16th day of September , 1985 , nunc pro tunc September 4 , 1985. • ATTEST: ,;�X'"" � BOARD OF COUNTY COMMISSIONERS WELD TY, COLORADO Weld C 'r. 2a Recorder B and Cle $ rd protein airman f Purchaser ( Bye eputy ounty er Page 1 of 2 pages B 1085 REC 02026044 09/25/85 12: 05 $0.00 7/007 F 1252 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO jg'etak enj n Knaub UBSCRIBED AND SWOR to before me this � day of , 19 5 , by Benjamin Knaub. WITNESS my hand and official seal. all VARY' `s Notary Public Abt`gCm, ion expire : ip ,�auTh AVENUE F DE o`� AD DEW, coEdaAoa 60227 anne Knaub S SCRIBED AND SWO to before me this A��/ day of , 19 , by Joanne Knaub. WITNESS my hand and official seal. • ;2 cotission expires: :°.V\ .r tot t ': 0E1ht1 Page 2 of 2 pages w v _ y - .slipped ea A . _.e. de m* ziruIMMt 4 surf— . w6 NL 111+1 `� dw 42." K hnl.afhwMmerq auu.w_c,.w.w. wad coeaw cf ik * t,.. S . NM. fm OIL AND GAS LEASE effective April 12, 197! •cd____T. lade aid eland hale w. . ..._ _sees._. 23rd..- - ..,_. .. .. der .tMarch/ ',79_ . by,d swam ......$ENJAMIN._IglAUB and JOANNE KNA1lBr...husband and wife,...., _.. ------_3WQ$oath..Jay Street._ vcrlver1...CO_._...8.02Z7 — .. see s_ ...torts et the flat pert. M drA as relmater allot leaser teer s de awe) sad Aw MARTIN 0}i SERVICE, INC., 901 •Colorado Bidg• ,.Bouider, CO �l�Q,O:i .he ,,,end pert. hereheafter celled Me... a IT'"ATM In�.yay1ee Ten and more Doll„.<f_?0e00 S.paid i.advance X pe w s laud/d wW r ea Mese.W ass S Salt nor `'-'1e I.Star,ckowWiM,.d of the wrrnsta W yreemer ev -,et— 'Y k sad peril by heir has the day r�m Mahe.. .ea hereby grate,den:w,hare.and lets exclusively w-_ yea b .r W e. be graftlotl ad ether peetheds,pelt dri{h+y.mint ad t' for,ed producing ml,w.owriep- , /r sag=red rla-�ya Mae fad. .ho ta a.slat pow Mid, 'its operations c IMP and other ...ores cent land,hod,erosefag save,story trot. A traapleet an oakmot 2 O r�wseorr W for bars laid bac s.wel sea in a operations on ad land.,, .ascent land,the 'allowing described tract or t•ee hag ea_ Held __Ceal1,..._.— Colorelommi _._ Township 3 Norths_Range 65 Nest,,6 PM _ Section_ 6: t Lots 1 (39.82 acres), 2 (39.88 acres), 3 (39.92 acres), one, 4 (39.86 acres) a 0 ........ . 0 and containing 159 48 acres. more or Isle. -. N.I. Mated that Si. lease eaten a testa is fere. Ifeea term of xi�<xpppp�<1(�plpX and es long thereafter ac oil or gee. or either of them, Is wakea.d teem sold hod by the ...lama renews. end .alas two rears from April 12, 1979 he e,a w m slderesl el the pertwe the weld lager caeoe e. chent• and agrees 'The lease ion MW lam t. the credit el Iw royalty. free d cost in the pipe line to whirl, lessee may connect Ile wells. the equal eleba pert aell ea i produced she t,ad ve the lweed premiss. . et l.uee'a option. may buy or sell such one-eighth royalty and Pay s ea► Yam the mse►.e pass lee ea el ha grade sad wavily prernaae In the eld on the day such oil Is run is to pipe linty or Into storage tear. gseaN. TM sera tall pay fear. Y fgdly. ew-eighth of the prof ids Irani the sale of the gas, as such, for was from weals where tee only r end W wIMO Ogg em alma peg a tom ens te the anneal delay rental herein a royalty, and while such royelte is so p.ld got veil shalt be held is he s pwde-Ys em. The S Shave as free et earn from any gas well on the lewd pr.sls.a fee ram and Intl& fights lit the principal aim S a all had y midst his gees eeeasetsw with the well, the gag of said eta te be at the sew's sale dee and expense. This. Te pay l aaee -algIeth I el he aa t vase at the well for sou produced from any ell well and seed off the premises, or for the aesew l. .nr el aenae.hW a w dry e as.l gee ♦L lair_ Lase W mid reseal hereseder to ad verbena.tbe_121hds ol_-.—.ADril---_—, IaBL_. If operations for the drilling of a well for en W ma ere at eseaseed se red Miles et before de Wt wtioW date,dila tat terminate as to both parties,maim the lessee:hall on or helore lad date pay at nada to lhe leenw ee to the lea ma's credit is First National Bank of Bear Valley Bank „ . Denver, CO 80227 sees_ ownership as �he amlet the m ef__ _ Ont hundred fifty-nine & 48/100 Dollar* m a rwW sad open the biases .f deterring the commencement of in g oboes eel the drilling of a well one year oe. aid date. In like Miami W�a lesweeaa o t e., the auasseeaan of operations for the drilling of a well ma be further deferred for like periods successively /OrY�the payy term M date lea AM it is understood and agreed that the consideration lint recited herein, the down payment, c • not only the psi.�rps �a.4. te S. was said rental s d.by as afinead, but also the lessee's option of extending that period u aforesaid, and any end all other g�aallaa w y at .W es�a ac or leaden may be made by check or draft of lessee or any assignee theref,mailed or delivered on or before the rental paying date. a. my at a.. tfae aeewa ad dater to least o place of record a release or eelmn covering any portion orrendeportion.of the above dmnbed premises and *way omasedr tam sean a te seek patio or portions sod be relieved of all obligations as in he • reage r dared and thereafter the read payable Stwdr Si be rseaed y the pea.tender that the acreage c vaed erein is reduced b said release or release.. Notwithstanding the death of the lessor, h.- g awaaw s btireah•M aywt err tender d eater in the manner provided above shall he binding on te heirs, devisee+, executors and administrators of such Mae !♦eery HT mill drilled on the lane above de.cribr-i br a 'Inc hole nt read To p,odu.e and there ore no other producing^well or well. on the bed w MSc .pa are.tnsme of being conducted t h d t i1 will b t m l before the rental paying date Moe ae shallterdert. as to bo a th rt' unless '1' I in or } I., the next retool paying date .had resume the payment f rentals in the ease era ad is the saae manner as ttereinbefore prnsided. n. It is agree., ten n the resuiriPtioni the Velment nl rent•I bove praryled. M e. bee peda an w :. o greph henna governing the , . rental. end ,he elle.t thennI. shall construe in force se though there had been no d.tweupaen be the meal peyraeat N say (yew lees Interest the above :abed land then the entire amt undivided Ice runnier estate therein, then the royalties and and seals beet provided .all be paid then Moser only the pr^Portion whit-h bi. interest beers t for the t whle cover undivided Ice Howe with ch , _L r.l M sereasd at the oat succeeding ent.. anmter. v after any ratan en rag to eel to the interest r acquired or Mimi soda .l seed reverses to lessee r " n.. Lama Mel hate the moat to e Ire. I cost. r moaner,'' t ,.,d land Ion it• ape thereon, except water fro wells sad .oases. el (meet. Les+. Shall have the right at n, time m remote all ma,�.hinny a' lixturee place•„on a.id premiers. rmdudh,g the right to Mow W remmea cease. . Lessee .het ay ler all deranges caused e ..it s ts . wr•bm •u orsaid lam!. When, requested by the ler.nc lesece chill bury me pipe line. be. low plow depth No well shall be drilled nearer than less tees to the house or ham now on said premda, without the written conedt of the La... aril h.a the right n: drill to completion w n reasonable diligence and dbpateh Ill any well commenced within the term of this bast ad 171 y well camraeacd before the omplet1.-n of a well which ha. been • u:ed within sun, term. If oil and gas oreither o them be Mai in peas mantilla it soy ugh well•this lease .hall continue and be in '.once with like effort cn if such well had been t completed within the tam el revs halm Inset mantwad Leese is ►.ray R.atd the right and power to pmt or combine the acreage , o ered by this lease. or any portion thereof, with other e lied, lease se lags in the vicinity thereof at any time and from a en time whether before or sites production, when in lessee's judgment nines a y .d.s.hb we de a lee thew tin of ate • d the con < vation and greatest ultimate recovery of oil or ga+. Such pooling hall,bemil w conservation Federal or State law. order, rule or regulation for the drilling or operation of e• wee raw a asa u d t to acreage wablepresc pro or onreq f one w era t.. era !awe aaMde Ia maatmum • pee l nit from well. or 1' ec each Inc the 1 inu the d nil, or 640 acres r is inc the pro. Males es Od wyi s era d the larger. Such da cue shall be production by l executing and filing a pe oft an where this olnn.a i recorded na NS - p Nd. is be ad h comma the t tit, drilling.nunl,e The prod l inn of pooled•• ltmmea and development and aped coon ru any•portion of a sot a peered. safll f the spam.nt of royalty. astr. ultaan •ed operationm • of • well the«the be considered ea and erm.ed, and shall The Se ease eeaL rasa toe the acme[ ofa •. production. development yed produced on the leased pit the propoerrtion. the terms of this p The aand.t bona a presided Hall r and n. aid to !near nn pooledsubstances produced assn any ail g, ine andtipla out only o, the proPor mw. alt Isle- Star Warty hereto and covered hereby and placed in the Inbears l the total • <exe ines the land placedthe in nab men. Y the o ea►c errs. is assigned. and the signs, of assigning II whole or rn part I. expressly ndo allowed, the coof rentals hereof shall ears.(y 1ayYed' rower. administrators.lsutha sue a be or assigns,ed but no change in the errs asp of the land or er.ignenent of or and itiI. imiaMA Inca ere eke it this anal suer the lase •as n lurnbhrd with a written above described cr or lends cis and r e tree or copy of thereof; it it Sans a�Ma fa b as peat lease •e II be assigned f •s to a part parts I e ts frmhim oor t the assignee or aslant,' pf such part a Sans Ma w rho MMW a the payment of the proportionate. part of the rent. due from or them, such default shall not operate to f said ....... , . • ,Tepti..1- yr t;'•''-' ' ClAilanits ICrnalliiimiterV • - ar am,it 1i r. ' NMI"hill&to slat tar said Geier ird Sat',e, ea this..--•..--.-....... .s_�.-.-••-- : z • ete '/4,._.....• , - -iliikalihi Stilt-.Oasis*appeared. .-.-BEM ,.lhill..ftALB...aIId...]0AIP!£_JCI+IIIIP _... .t husband and wife .ft.',:Y• '' • i A.'k«.11.. *„... y' - �t , — west known to be the tdentical persona described to and who ecrcat _ . . 1 of writing a!d acknowledge to sue shot. they. .duly executed the setae as their ._..fr . ! the uses and purposes therein set forth ..• I have ftereeme set my hand mad affixed m [arial teal the day .•-.1 Ter last above �_. .iliirt+.�.t.1 a t4-1.� ..., Notary Public. ..: stoma or _._ Oklahoma,.................---...._......... 0ldalwa, New Herrin W a.. M—.. Colorado, Utah • COUNTY OP Ise. ACKNOWLEDGMENT—L VDIVIDUAL • ADORE ME. the rederatsned. a Notary Public In and for said County and State. on this .. ... - dry of ... 19 . pert tally appeared ___ ..—_.... _ .-.—.---- .. ..__ _. to me known to be the identical person.........described in and who execute the w1tW and foregoing instrument of writing and acknowledged to me that. .... .. ..duly executed the same as.................... fe awl voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF. I have hereunto s t my hand and >.tfixed my notarial seal the day and year last above written. My Coorsaion Fxptres .. ..... ..... . Notary Public State of ACKN()W'I 1 IK,MENT (For rue by Corporation) County of - Isl. Ott tlaa ..... . ..... ....... ..day of . A. J. 19 , before me personal' appeared , to me personally known. who. heirr• :. me duly s+rora did say that he is tt:e. .. . . .... . . ... ... . . .and that the '...t affixed i•t said instrument is the corporate seal of said corpuri lion and that said instrument was signed and sealed in behalf of s.ud c.orpa.ratior by authority of its Board of Directors. and sal • acknowledged said nta:rvr-a-tt to be the free act and deed of said corporation_ -- Witness my hand and seal eh:' . . ........ ....... --o,.y u: A. D. 19. f SEAT.) Notary Public. \:r My Cowasissioo espucs. ...- { ' �III el I - Ir " -12 . ;i 'f of ti 4t d 1 1� if I; us o f� I -CS C . • 0o OoR 14 131981 Recorded d 'w --.-.- o'clock Side d Ccioroy. Wed Cou+h Clark Cr Recorder - ,Nti159 733 r►tikd.nm,y -K nct4- 4 s c i T AFFIDAVIT OF LEASE EXTENSION OR PRODUCTION William V. Roberts , of lawful age , being duly sworn on his oath, states that he issthe- ._e- President of Martin Exploration Managemet Corporation,a Delaware Corporation authorized to conduct business in the St of Colorado and cnat he is authorized to make this Affidavit on behalf of said corporation; and that: 1 . Martin Exploration Management Corporation is the owner of an interest in the following described oil and gas lease, covering lands in Weld County, State of Colorado: Lessor: Benjamin Knaub, et ux m e _pc,-. A C' ,_; Lessee : Martin Oil Service, Inc. Effective Late: April 12, 1979 ,� ` $ ", a Filed and Recorded : Airil 4 , 1979 fi � ' r co cAA. $iH , R!PLC PT,OM /7S636e'l m c, Insofar as ;aid lease covers the following described lands in said ., County and State , to-wit : ' Township 3 North Range 6SWest Section 6 : Lots 1 ,2 ,3 , and 4 2 . The above lease is for a term of 2 years from the effective date thereof and as long thereafter as oil and/or gas is ' produced fror.: said lend or the leased premises are being developed k' or operated. ill 3. The drilling of a test well for oil and „as was commenced on fr^ the above described land on J::nuary 7 . 198'1 , and said test well has been determined to be a well capable of producing gas in connerci1 r quantities . 1 . This affidavit is made in compliance with the provisions of Secticn 33-42- j(lt , Coior..do Revised Statutes 197:+ , and is for the purpose of riving notice that the above describer' lease is extended beyond its primary or definite term by the drilling operations and well completion set f :rtl; in Paragraph 3 , hereof. 9 a IN WI NESS ' HERL ,P , this instrument is exected this _ day of /hit e L , lit/ . C, MARTIN EXPLORATION MANAGEMENT CORPORATION By .,�(l';t:it.h STATE OF ILLINOIS ) SS Hello