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Home My WebLink About20112696.tiff • Exhibit H Deed and/or Ownership Information See attached documentation. • • 2011-2696 The property is currently owned by Herman E. Libsack and Vicki L. Libsack. DCP Midstream, LP ("DCP") has an option to purchase the property, and DCP will exercise the option in the event the USR is approved. • • • Exhibit I Certificate of Conveyance See attached documentation. • • --1-C Heritage 5586 West 19th Street,#1000 Title Company Greeley,CO 80634 • MakingTrsnnniom Pr,,,o„�j Phone: (970)330-4522 Fax: (866)828-0844 Commonwealth" FILE NUMBER: 459-H0306865-820-GRO DATE: June 2,2011 PROPERTY ADDRESS: none.„CO BORROWER: Herman E. Libsack and Vicki L. Libsack PLEASE DELIVER TO THE CUSTOMER LISTED BELOW: TO: Witwer,Oldenburg, Barry&Johnson,LLLP PHONE: Patrick Groom FAX: 822 7th St. E-MAIL: Greeley,CO 80631 NO.OF COPIES: 1 ROUTING METHOD: Deliver ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS,PLEASE CONTACT Heritage Title Company,Inc.AT THE ABOVE PHONE NUMBER. WE SINCERELY THANK YOU FOR YOUR BUSINESS. 41, • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES • COUNTY OF WELD Heritage Title Company, Inc. hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION Lot B of Recorded Exemption No. 0803-36-1 RE-3677, according to the map thereof recorded January 14, 2004 at Reception Number 3144226, being a part of the East Half of the Northeast Quarter of Section 36, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1425912 Book 503 N Reception No. 1603333 Book 681 Reception No. 1788707 Book 867 N Reception No. 2242478 f Book 1291 N' Reception No. 2961066 Book • Reception No. 3016728 Book NA Reception No. 3086016 j Book `' Reception No. 3086017 Book N Reception No. 3144226 Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited to the fees paid for this Certificate. In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be signed by its proper officer this 27th day of May, 2011, at 7:00 am. Order No. H0306865 Heritage Title Company, Inc. • By: 7 Ir" z. Authorized Signatory nerordea et ./ _°r° ➢e a f[_.:._ m JAN 1 0 1964 Il . .Reception No.._t4259 .. _-- _ poi staiiR. _._led . ' 1 KNOW ALL MEN BY THESE PRESENTS, That I, HENRY LIBSACK, 4' of the '- !County of Weld ,and State of Colorado, for the consideration of other valuable considerations and fifty-nine hundred forty-nine and 40/100 Dollars, in hand paid,hereby sell end convey to HERMAN H. LIBSACK and ESTHER E. LIBSACK, • his wife, of the County of Weld ,and the State of Colorado, the following real property,situate in the County of Weld and Stole of Colorado,to-nit: ' The purchasers' equity in and to East half Northeast quarter (E3,231E34) of Section thirty-six (36), Township six (6), North Range 65 West, and that certificate of purchase S-128 issued Decemb r 2, 1953, of the State of Colorado, acting through the State Board of Land Commissioners, for purchase and sale of said lands, upon payments to be made semi-annually as therein specified, which pay- ments have been discharged through those due to date, intending hereby to convey to Herman H. Libsack and Esther E. Libsack all of the rights of the grantor herein to purchase the said lands and with the consideration, in part, that the said Herman H. Libsack " and Esther E. Libsack agree to promptly, when due, make the remaining payments to become owning on said certificate of purchase. This conveyance is to pass title to said lands to the second • parties herein in joint tenancy, and not in tenancy in common. IInaonevminl -.- I _i �WC['r1a\Tlllft Illul)n\-con-- !Hill IN-Lynn-7i. with all its appurtenances. , e'.. l ,bi I, r � ,t. ,1•,1 td :,, �� .� i s ° f 3t N� 11 n �� e o .rt in). ti Signed and delivered this 10 th day of January ,A.D.1964 In the presence of . -1-4---7.-1,71-; �dencY' ] " )..[SEAL] a I.- . CCt✓�7- titG/u 1g / . --_[SEAL] f" ) tr .-.__.. __..._.[SEAL] .v 0 I STATE OF COLORADO, p kVt l{{115]1 I { County of }e%. ,a g if ` j 4Q4 Wees°going instrument woe acknowledged before me this 10th day of January a Or t44 { War Henry Libsack As t J,.,,e4 t tip; ;�C r1igisiml expire zA' - is ,19 deli. Witness my hand end official seal, gm .67 ,tSirito ,./ naln ramun. • o ne or by motor-al parson or parson.hors ems aemo or am..:If Dy parson actin is npreeenterivo onlolol esput tton,er-1 -Leal,Uon nnmotsonw op reb4 snprney-In-r'ae ar ner'opacity or acwrlptloal Ir ar officer of eeniomtlon,then Insert f eurp Ricer or oRlaer4 the mocha. ♦ other olflmre of sucT rTomtlon,naming It No.gel. n.taoAlN AND BALE DaaD,- i.ietnr, Ven,—TIoDnerendm,biuen Pio 0m.Ntn.aahlmon'e Lgn(pl��nhnb.inunm tom` - _ i'�Q(.'WV O I it ROOK 681 Ro trdoa et 1 4l C_•clots_•_.M_!CEC 11 1972 a.t No--.360 33 Am Starner,eemdu • 10''© tT , 1'1 soii9,`P i 9p ill ""- PATENT NO 1295 TO ALL UNTO WHOM THESE PRESENTS SHALL COME: GREETING: Cr"•Iereag---HERMAN H, LIBSACR AND ESTHER E„ LIBSACK- as Joint Tenants---of the County of._..Weld and State of Colorado,in accordance with the provisions of the acts of the General Assembly of the State of Colorado,approved and in force at the time of the purchase of the land herein designated and described,and at the lime of the execution of this conseyance,hae made full payment as appears front the records of the Slate Board of and Commissioners of and for the following described real estate,lying arid situate in the County of__.__Weld_.,..__......_.._..and State of Colorado,to-wit: TOWNSHIP SIX, (6) NORTH - RANCE SIXTY-FIVE (65) WEST OF THE SIXTH (6th) PRINCIPAL MERIDIAN • Section Thirty-six (36): The East Half of the Northeast Quarter (E§NE}) containing Eighty (80.00) acres, more or Less, according to United States Survey; RESERVING,however,le the State of Colorado all rights to any and all minernle, ores and mdaL-,of any kind and character,and all cool,asphaltum,oil, pas or.ether like substance in or under said land, the right of ingress and egress for the purpose of mining,together with enough of the surface of the.same as may be necessary • for the prayer and convenient working of such minerals and substances; Subject to any and all easements or rights of way heretofore legally obtained and note in full force and effect, if any(hare be;which said described tract of land has been purchased by the said BERMAN.Hs.._LineC sip ESTHER E, LIBSACR, 3s Joint Tenants---for the mom of ,HLBexeeB-_thousand_a7.x..hand.tett i,ghTY_and._lka.QP..e,.................._Donarc,(S19..68.0...QQ.-) NOW KNOW YE,Thal the State of Colorado in consideration of the premises,end in conformity with the Act of the General Assembly,in such case provided has sold and granted,and by these presents does sell and grant unto the said? HERMAN H. LIBSACK AND ESTHER E. LIBSACK, as Joint Tenants __..______________________________________________------- ____________________________________________________________ and to their heirs and assigns,the said tract above described: To Hare and to Hold the same as oboes specified,together with all the rights,privileges,immunities and appurtenances of whatsoever nature hereunto belonging,unto the said HERMAN H. LIBSACK AND ESTHER E. LIBSACK, as Joint Tenants------------- _________________________________________________________ __cord to their heirs aM aasipna fore - - � —- 3k, YEssremong Aillerxai, 1 John A. Love .� - J • Governor of the State of Colorado, have caused three letters to be made -O -' Patent,and the Great Seal of the State of Colorado to be hereunto attached. � jr Given under my Hand at the City of Denver,the.,eia.h.t.e-e.n _.t.h_ :.,t? - F ' day r December 'D. Jg.._64_ r • : 4..( Y7 d - Goaerhmtt g E.. ci L.i loll. Allen' <A%;cIa' der AV codaeV , Re tdlp r and Cape ners t er ois n' • t? eogc.86? _37- o cm Recorded at Iii odock—!-- a R z D . Reception No_�._aR7nd linow Recorder. • �—� p ors I THIS DEED, Madethiso`C/r`f) day of April ,i979 , c' between Herman Ht Libsack and Esther E. Libsack f` ofthe County of Weld and state of O I N- Colorado,of the first part,and w Herman H. Libsack and Esther E. Libsack, as tenants in common N- IL d whose legal address is 23985 Weld County Road 64, Greeley, CO 80631 0 of the County of Weld and state of ,T Colorado,ofthe second part, .? WITNESSETH,That the said part ies,f the first part,for and in consideration of the sum of e.f. Other Good and Valuable Considerations and One and no/100 DOLLARS, O to the said part iesofthe first part in hand paid by the said part ies of the second part,the receipt whereof O is hereby confessed and acknowledged,hate remised,released,sold,conveyed and QUIT CLAIMED,and by these presents do-- remise.release,sell.convey and QUIT CLAIM unto the said parties of the second part,their heirs, a successors and assigns,forever,all the right,title,interest,claim and demand which the said parries of the first part r-- ha vein and to the following described lot or parcel of land situate,lying and being in the County r,- N of Weld and State of Colorado,to wit: aThe East Half (El/2) of the Northeast Quarter (NE1/4) of Section Thirty—six (36), Township Six (6) North, Range Sixty—five (65) West of the 6th Y.M., and that certificate of purchase 5-128 issued December 2, 1953, of the State of Colorado, acting through the State Board of Land Commissioners. • 11 II also known as street and number ---- iI I' I. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges chermmto belonging or in anywise thereunto appertaining.and all the estate,right,title,interest and claim whatsoever,of the IIsaid parties of the first part,either in law or equity,to the only proper use.benefit and helmet!of the said part iesof I the second part,theimelrs and assigns forever- I IN WITNESS WHEREOF,The said parties of the first part have hereunto set theikand S I� and seal S the day and year first above written. ^' —r1 i) ! iI • '�C, L4 -lC [SEAL) ji Siguedtt5e&edi el,Delivered in the Presence of Herman n¢{.-11.��Libsack .,, / N,\or� 4 _ .... GI tlz—' & 3A/4.11[.r / [SEAL] CVi F: .�i _ Esther E. Li sack I L 'C G ji r \d01 AkY (SEAL] I I i e t I l'f/9 L\C 1 [SEAL] `. <'• STATE pietenORADO, 1 99. I I OF Via.County of Weld i The foregoing instrument was acknowledged before me this 47705111 day of April I1979,by' Herman H. Libsack and Esther E. Libsack. it My commission expires ,19 -Witness my hand and official seal. I My Commission Expires L. October 23, 198C/ 7L � ��L� Nolen Tublic. • I i No.SAS.suprCLAltl ne:l:1,—CeprrIah1 Clem nrnAM,A I'r4lInaiar Ca_152.1-4G Stout&reel.Uenen.Colorado 1579.50111—C-71 .?I-j^. AR2242V76 8 1291 REC 02242478 02/27/91 16:19 010.00 1/002 .c • F 1518 MARY ANN FEDERSTEIN CLERK 6 RECORDER WELD CO, CO - � • PERSONAL REPRESENTATIVE'S DEED �` . • (Testate Estate) THIS DEED is made by Herman H. Libsack, as Personal Representative of the Estate of Esther E. Libsack, aka Esther - Libsack, Deceased, Grantor, to Herman H. Libsack, Trustee of the Esther E. Libsack Trust, whose legal address is 23985 Weld County Road 64, Greeley, Weld County, Colorado 80631, Grantee. • i ,, WHEREAS, the Last Will and Testament of the above named -` decedent was made and executed in the lifetime of the decedent, and is dated April 20, 1979, which Will was duly admitted to formal probate on July 12, 1990 by the District Court in and for the County of Weld, State of Colorado, Probate No. 90 PR 157; WHEREAS, Grantor was duly appointed Personal Representative of '` • said Estate on July 12, 1990, and is now qualified and acting in - said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor '' by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over, without warranty of title and without warranty aF to condition of property, unto said Grantee, as the entity entitled to distribution of said property, the following a described real property situate in the County of Weld, State of - 1 Colorado: • An undivided one-ball (;) interest in and to the following: ? The East Half of the Southeast Quarter (E%SE:) of Section Twenty-five (25), Township Sis (6) North, Range sisty-five • (65) West of the 6th P.H., together with eight (8) shares of ' . the capital stock of the cache La Poudre Reservoir Company, • eight (8) shares of the capital stock of the New Cache La n Poudre Irrigating Company, one (1) share of the capital stock . of the Union Lateral Irrigating Company and irrigating well on , . \ said land and all lateral rights for carrying water thereto; •. ‘ and • An undivided one-half (%) interest in and to the following: • The East Half (E%) of the Northeast Quarter (NE:) of Section Thirty-six (36), Township six (6) North, Range Sixty-five (65) WeSt of the 6th P.H. a _. With all appurtenances, subject to covenants, easements, �. conditions, reservations, rights of way, oil and gas leases and ;i .. restrictions, agreements and exceptions, all of record and as may ' exist by use, and subject to all governmental laws, rules and _ t regulations, and subject to general property taxes and assessments ._ for the year 1991. ' ' As used herein, the singular includes the plural and the ' • 1 i' a B 1291 EEC 02242478 02/27/91 16:19 >i0.WE CO, COF 1519 MARY ANN FEDERST£ZN CLERKS RECORDER WELD O, C • plural the singular. Executed February 27 1991 ��_, 1../ �/J . Herman H. Libsack, as Personal Representative of The Estate of Esther E. Libsack, aka Esther Libsack, Deceased. , STATE OF COLORADO ) ss.: • County of Weld ) ' The foregoing instrument was acknowledged before me on February 27 , 1991 by Herman H. Libsack as Personal Representative of the Estate of Esther E. Libsack, aka Esther Libsack, Deceased. Witness my hand and official seal. My Commission Expires: May 30, 1991 , .' F^ • o---o No li.c a • wed. . 1 1 ;. . : 1 . 1111111111111111111��1111111111111111 III 11111 2961066 0611312002 04:52P Weld County, CO • 1 of 2 11 10.00 0 0.00 J.A."Solo"Tsukamoto 066 TRUSTEE'S DEED THIS DEED dated t)LC ru a 7 , 2002,from Herman E. Libsack and Larry L. Libsack, Trustees of the Esther E. Libsack Trust created under Article Third of the Will of Esther E.Libsack,deceased,Grantors,whose address is c/o of Herman E.Libsack,23981 Weld County Road 64, Greeley, Colorado 80631, to Herman E. Libsack and Larry L. Libsack, Grantees, as tenants in common, each as to an undivided one-half interest, whose address is do Larry L. Libsack, 12209 East Vassar Drive, Aurora,CO 80014. Esther E.Libsack,late of Weld County, Colorado,died on June 7, 1990, leaving a Will which was admitted to formal Probate on July 12, 1990,by the District Court, County of Weld, State of Colorado,Probate No.90 PR 157. The Grantors are the Trustees of the Trust established under Article Third of the Will. The Grantees are beneficiaries of that Trust and are entitled to the real property described below pursuant to the terms of the Trust. This Deed is being executed and delivered by the Grantors to the Grantees to effect such distribution. The Grantors, for no consideration, grant and convey to the Grantees, as tenants in common, each as to an undivided one-half interest, their personal representatives, heirs and assigns, in fee simple,the property located in Weld County,Colorado, described as follows: An undivided one-half interest in the following two parcels of property: Parcel 1: The East Half of the Southeast Quarter(E'@ SE''%*f Section twenty- five (25), Township Six (6)North, Range Sixty-five(65)West of the 6th P.M., together with eight(8)shares of the capital stock of the Cache La Poudre Reservoir Company, eight(8) shares of the • capital stock of the New Cache La Poudre Irrigating Company,one (1) share of the capital stock of the Union Lateral Irrigating Company and irrigating well on said land and all lateral rights for carrying water thereto, and all other water rights, ditch rights, reservoir rights, deep water rights, and all other water rights of whatever kind used in connection with or appurtenant to said property; and Parcel 2: The East Half (E' )of the Northeast Quarter (NE'/f of Section Thirty-six (36), Township Six (6) North, Range Sixty-five (65) West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, deep water rights, and all other water rights of whatever kind used in connection with or appurtenant to said property. Together with all improvements thereon and the rights, alleys, ways, privileges, appurtenances and advantages belonging or appertaining thereto, subject to the following exceptions: general taxes and assessments for the year 2002 payable in 2003; easements, reservations,oil, gas and mineral leases,restrictions, covenants and rights of way, all of record or as may exist by use on the premises; shortage in area,conflicts in boundary lines and all other matters that would be disclosed by an accurate survey including,but not limited to,encroachments and boundary discrepancies; subject to all governmental laws, rules and regulations; and subject to inclusion within any special or general districts and the benefits, liens and burdens arising therefrom. 111111111111 NMI It 1111111111 111111 III all III III 2061050 06/13/2002 04:52P Weld County,CO • 2 of 2 R 10.00 D 0.00 J.A."Suld"Tsukmnolo To have and to hold the property hereby conveyed unto the Grantees, their personal representatives, heirs and assigns, in fee simple forever. WITNESS, the hand and sealof the Grantors. to` /1 g 1 1.4,—,,-”, c cif_L.4 /i.,A,l.r. Herman E.Libsack,Trustee of the Esther E.Libsack Trust Created Under Article Third of the Will of Esther E. Libsack, Deceased i ` C ` , , ... Larry L. Libsack, Trustee of the Esther E. Libsack Trust Created Under Article Third of the Will of Esther E. Libsack, Deceased STATE OF COLORADO ) )ss.: COUNTY OF WELD ) The foregoing instrument was acknowledged before me on A r AND -7 , 2O02 by Herman E. Libsack, Trustee of the Esther E. Libsack Trust Created(nder Article Third of the Will of Esther E. Libsack, Deceased. ',•_l'_€?Witness my hand and official seal. f to{•;0 �fyk 7 gmmission expires: l .r Lisa t u\t 1 cDo o i) le: r _ _ ;J -r (-"\- Notary Public (.) STATE OF COLORADO ) qq )ss.: COUNTY OF ( CD III ) The foregoing instrument was acknowledged before me on t roc 7 ,2002 by Larry L.Libsack,Trustee of the Esther E.Libsack Trust Created Und Article Third of the Will of Esther E. Libsack, Deceased. Witness my hand and official seal. •• '' )". M3com s missionexpires: l ti1 4.0- 1;7 (a.tc"'-1 -4: .01/„y .'' Xi -0_rV -)600 r\<2-441 AA Z/,M. `;0%LI O i t Notary PubliE7 A t :.+r •..... .. K or c^` M M56910202\ODLEMl jaw 0 . 111111101111111111Iii 01111111111110111111111 III IIII 3016728 12/19/2002 04:32P Weld County,CO 1 of 2 f1 11.00 0 0.00 J.A."Suld"Tsukamoto • T28 PERSONAL REPRESENTATIVE'S DEED (Distribution) THIS DEED is made by Herman E. Libsack and Larry L. Libsack as Personal Representatives of the Estate of Herman H.Libsack,deceased,Grantors,to Herman E. Libsack and Larry L.Libsack,Grantees,as tenants in common,each as to an undivided one-half interest, whose legal address is c/o Herman E. Libsack, 23981 Weld County Road 64, Greeley, of the County of Weld,State of Colorado. WHEREAS, the decedent died on the date of March 16, 2002, and Grantors were duly appointed Personal Representatives of said Estate by the District Court in and for the County of Weld, State of Colorado, Probate No. 02 PR 107,on the date of March 26,2002, and are now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantors by the Colorado Probate Code, Grantors do hereby convey,assign,transfer and release unto Grantees,as tenants in common, each as to an undivided one-half interest, without warranty of title and without warranty as to the condition of the property,as the persons entitled to distribution,the following described real property situate in the County of Weld,State of Colorado: An undivided one-half interest in the following two parcels of property: Parcel 1: The East Half of the Southeast Quarter (El/6DM of Section twenty-five (25), Township Six (6) North, Range Sixty-five (65) West of the 6th P.M., together with eight(8)shares of the capital stock of the Cache La Poudre Reservoir Company, eight (8) iv a shares of the capital stock of thc New Cache La Poudre Irrigating Company, one (1) share of the capital stock of the Union Lateral Irrigating Company and irrigating well on said land and all lateral • rights for carrying water thereto, and all other water rights,ditch rights, reservoir rights, deep water rights, and all other water rights of whatever kind used in connection with or appurtenant to said property, including, but not limited to, an irrigation well adjudicated in Case No. W2478 in Water Division 1, State of Colorado; and Parcel 2: The East Half (Ph) of the Northeast Quarter (NEV4) of Section Thirty-six (36), Township Six (6) North, Range Sixty-five (65) West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, deep water rights, and all other water rights of whatever kind used in connection with or appurtenant to said property, including, but not limited to, an irrigation well adjudicated in Case No. 83CW073 in Water Division 1, State of Colorado. With all appurtenances, subject to general taxes and assessments for 2002, payable in 2003, easements, reservations, agreements, exceptions, covenants, conditions, limitations, and rights of way all of record or as may exist by use on the premises in addition to all exceptions contained in the title commitment, and subject to all governmental laws,rules, and regulations, and subject to all matters that would be disclosed by an inspection of the land or by making inquiry of persons in possession thereof, and subject to matters that would be disclosed by an accurate survey,including,but not limited to,discrepancies,conflicts in boundary lines,shortage in area,encroachments,and other such matters which are not shown of public record. • 1111111111111111111III DI111111111111I III IIIII IIII Ills 3016728 12/19/2002 04:32P Weld County,CO 2 0l 2 fl 11.00 D 0.00 JA. "Suld"Tsukamoto • As used herein,the singular includes the plural and the plural the singular. Executed: tbt cemnite.2. la ,2)00�2O 0 Herman E. Libsack, Personal Representative of the Estate of Herman H.`Liibbssa as Libsack,Deceased � ibsack, Personal Representative of the Estate of Herman H.Libsack,Deceased STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I gib day of Thor d,a.. 2002, by Herman E. Libsack as Personal Representative of the Estate of Herman H. Libsack, Deceased. Witness my hand and official seal. 7.' " - July Commission expires: ax Sla.a* ('a i.2.Qn'3 Public U Notary • STATE OF COLORADO ) )ss. COUNTY OF I 4 tld ) The foregoing instrument was acknowledged before me this_l± day of auml,wt , 2002,by Larry L.Libsack as Personal Representative of the Estate of Herman H.Libsack,Decrnsr& Witness my hand and offic _eal. b'tN CpTf My Commission e . Q}e e.-40.\ .X.X)5 Co wt �x GLC --% gLty tary Public 39 OF OO1_- lase M VO56TWO2WOIKEDI jaw 0 1111111 11111 111111111 1111111 III 1111111 III 11111 11111111 • 3086016 07!22/2003 10:49A Weld County, CO 0. 1 of 3 R 16.00 0 31.00 Steve Moreno Clerk&Recorder WARRANTY DEED / THIS DEED,Made this 27th day of June, 2003,between Larry L. Libsack of the County of Arapahoe and State of Colorado, Grantor, and Herman E. Libsack whose legal address is 23985 WCR 64,Greeley,CO 80631 of the County of Weld and State of Colorado,Grantee: WITNESSETH, that the Grantor, for and in consideration of the sum of other good and valuable considerations and Ten DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado,described as follows: An undivided one-half(1/2)interest in and to the following: • Parcel 1• The East Half of the Southeast Quarter(E/2 SE/4)of Section Twenty-five(25), Township 6 North,Range 65 West of the 6th P.M.,Weld County, Colorado, Excepting therefrom a parcel of land conveyed to the Union Pacific Railroad Company by deed recorded July 27, 1909 in Book 305 at page 427 of the Weld County records, Together with all water,water rights,ditch and reservoir rights appertaining thereto or utilized in connection therewith,including,but not limited to the following: T___.n_ eight f eight(8)shares of The New Cache La Poudre uiigawig Company, (8)shares O. the Cache La Poudre Reservoir Company,one(1)share of the Union Lateral Irrigating Company,and irrigation well adjudicated in Case No.W2478,Water Division 1, State of Colorado Parcel 7• The East Half of the Northeast Quarter(E/2 NE/4) of Section Thirty-six (36), Township 6 North,Range 65 West of the 6th P.M.,Weld County, Colorado, Together with all water,water rights,ditch and reservoir rights appertaining thereto or utilized in connection therewith, including,but not limited to an irrigation well adjudicated in Case No.83CW073,Water Division 1,State of Colorado, subject,however,to the following: (1) 2003 real estate taxes due and payable in the year 2004; (2) Rights of way or other easements as granted or reserved by instruments of record or as now existing on said premises,including,but not limited to the following: TNG VD7O7 , X9eo72 • 111111 1111 01111 111111 III 1003 10:49A 111111 III 11111 lilt 1111 3086015d County, CO of R 16.00 D 31.00 Steve Moreno Clerk 8 Recorder (a) Right of way,whether in fee or easement only, for railway as reserved by the Denver Pacific Railway and Telegraph Company in the deed recorded April 30, 1873 in Book 12 at page 174 of the Weld County records; (b) Right of way for roads over the South and East portion of Parcel 1 as above described as shown on United States Geological Survey Map. (c) Right of way, whether in fee or easement only, for road purposes as granted to Weld County by the State of Colorado,recorded March 17, 1909 in Book 296 at page 149 of the Weld County records which affects Parcel 2 as above described. (3) Any and all reservations, limitations, conditions, exceptions, covenants and conditions contained in instruments of record which in any way relate to or burden the above described premises; (4) All rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purpose of mining, together with enough of the surface of • the same as may be necessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, recorded December 11, 1972 in Book 681 as Reception No. 1603333 of the Weld County records, affecting Parcel 2 above. (5) nil and gas lease dared October 20 1978, ecordel December 2° 1978 in Book 855 as Reception No. 1777006 of the Weld VCounty records, and any interest therein or rights thereunder, which oil and gas lease affects Parcel 1 above, and extension of the above described oil and gas lease as claimed by Affidavit of Production pursuant to CRS 38-42-106 recorded December 5, 1983 in Book 1014 as Reception No. 1948937 of the Weld County records. (6) Reservation to Larry L. Libsack, in and to an undivided one-half(1/2) interest in and to the oil, gas and mineral rights in and to the E/2 SE/4 of Section 25, Township 6 North,Range 65 West of the 6th P.M., Weld County,Colorado, Excepting therefrom a parcel of land conveyed to the Union Pacific Railroad Company by deed recorded July 27, 1909 in Book 305 at page 427 of the Weld County records. TOGETHER with all and singular the hereditaments 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 grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. • I11111111111IIII111111 111111►111111111111111►11►►111111 3086016 07/22/2003 10:49A Weld County, CO 3 of 3 R 16.00 D 31.00 Steve Moreno Clerk 8 Recorder TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs and personal representatives does covenant, grant,bargain and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the premises above conveyed, has 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, encumbrances and restrictions of whatever kind or nature soever. The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee,his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF the Grantor has executed this deed on the date set forth above. Larry . Libsack STATE OF COLORADO ) ) SS. COUNTY OF AR'AFAHOE ) The foregoing instrument was acknowledged before me this 27th day of June, 2003, by Larry L.Libsack. WITNESS My hand and official seal. My commission expires: i/4%S Fn AciA ? TUTTY �l�Cl t ^.otgeYP;1BLIC Notary Public s.TCommission Exi;ii es' l',02005 • • 111111111111111111111111111111F 1111111 I I 1111111111H1 I • 3086017 07/2212003 10:49A Weld County, CO 1 of 3 R 16.00 D 31.00 Steve Moreno Clerk& Recorder 017 2/ . OO O o ee WARRANTY DEED 7 THIS DEED,Made this 27th day of June,2003,between Herman E. Libsack of the County of Weld and State of Colorado, Grantor, and Herman E. Libsack and Vicki L. Libsack whose legal address is 23985 WCR 64, Greeley, CO 80631 of the County of Weld and State of Colorado, Grantees: WITNESSETH, that the Grantor, for and in consideration of the sum of other good and valuable considerations and Ten DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantees, their heirs and assigns forever, not in tenancy in common, but in joint tenancy, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado,described as follows: Parcel I• The Fast Half of the Southeast Quarter(E/2 SE/4)of Section Twenty-five(25), Township 6 North,Range 65 West of the 6t1 P.M., Weld County,Colorado, • Excepting therefrom a parcel of land conveyed to the Union Pacific Railroad Company by deed recorded July 27, 1909 in Book 305 at page 427 of the Weld County records, Together with all water,water rights, ditch and reservoir rights appertaining thereto or utilized in connection therewith,including,but not limited to the following: eight(8)shares of The New Cache La Poudre Irrigating Company, eight(8)shares of the Cache La Poudre Reservoir Company, one(1) share of the Union Lateral Irrigating Company,and irrigation well adjudicated in Case No. W2478,Water Division 1, State of Colorado Panel 2- The East Half of the Northeast Quarter(E/2 NE/4)of Section Thirty-six (36), Township 6 North,Range 65 West of the 6'h P.M.,Weld County,Colorado, Together with all water,water rights,ditch and reservoir rights appertaining thereto or utilized in connection therewith,including,but not limited to an irrigation well adjudicated in Case No. 83CW073,Water Division 1,State of Colorado, subject,however,to the following: (1) 2003 real estate taxes due and payable in the year 2004; (2) Rights of way or other easements as granted or reserved by instruments of record or as now existing on said premises,including,but not limited to the following: TNG -e) 767(.04/ t91�o72 I 111111 11111 IIII 1111 1111111 III 1111111 III IIIII VIII 3086017 07/22/2003 10:49A Weld County, CO 2 of 3 R 16.00 D 31.00 Steve Moreno Clerk& Recorder TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the Grantees, their heirs and assigns forever. And the Grantor, for himself,his heirs and personal representatives does covenant,grant,bargain and agree to and with the Grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the premises above conveyed, has 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, encumbrances and restrictions of whatever kind or nature soever. The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF the Grantor has executed this deed on the date set forth above. , • Herman E. Libsack STATE OF COLORADO ) )SR. COUNTY OF WELD ) tk The foregoing instrument was acknowledged before me this yPflr day of June, 2003, by Herman E.Libsack. WITNESS My hand and official seal. My commission expires: apyo a-c ado 3 Q.l P US. Public ?e''. ••Cites. z maNµpyte It CO" 41 ...lire op c= • 111111! 11111liii 111111III III 111111111111111IIII IIII • 3086017 07/22/2003 10:491 Weld County, CO _• 3 of 3 R 16.00 D 31.00 Steve Moreno Clerk& Recorder (a) Right of way, whether in fee or easement only, for railway as reserved by the Denver Pacific Railway and Telegraph Company in the deed recorded April 30, 1873 in Book 12 at page 174 of the Weld County records; (b) Right of way for roads over the South and East portion of Parcel 1 as above described as shown on United States Geological Survey Map. (c) Right of way,whether in fee or easement only, for road purposes as granted to Weld County by the State of Colorado, recorded March 17, 1909 in Book 296 at page 149 of the Weld County records which affects Parcel 2 as above described. (3) Any and all reservations, limitations, conditions, exceptions, covenants and conditions contained in instruments of record which in any way relate to or burden the above described premises; (4) All rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, recorded December 11, 1972 in Book 681 as Reception No. 1603333 of the Weld County • records, affecting Parcel 2 above. (5) Oil and gas lease dated October 20, 1978, recorded December 29, 1978 in Book 855 as Reception No. 1777006 of the Weld County records, and any interest therein or rights thereunder, which oil and gas lease affects Parcel 1 above, and extension of the above described oil and gas lease as claimed by Affidavit of Production pursuant to CRS 38-42-106 recorded December 5, 1983 in Book 1014 as Reception No. 1948937 of the Weld County records. (6) Reservation to Larry L. Libsack, in and to an undivided one-half(1/2) interest in and to the oil, gas and mineral rights in and to the E/2 SE/4 of Section 25, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, Excepting therefrom a parcel of land conveyed to the Union Pacific Railroad Company by deed recorded July 27, 1909 in Book 305 at page 427 of the Weld County records. 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