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Home My WebLink About20110467.tiff • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Balmes, G The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Outlot A, Highland Farms, County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1543109 , Book 621 Reception No. 2333363 , Book 1383 Reception No. 2333364 , Book 1383 Reception No. 2348030 , Book 1399 Reception No. 2352029 , Book 1403 Reception No. 2353060 , Book 1404 Reception No. 2358121 , Book 1410 Reception No. 2626403 • Reception No. 2870658 Reception No. 3321106 Reception No. 3316277 Reception No. 3485183 Reception No. 3547174 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, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 10th day of June, 2010 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By:)(71 Kerni Allison Title Examiner • 2011-0467 "d/ r , v''' " 9'9.' ,,, ,.. _ . °ANN Welfga.....almeam + @%i6e" pp6di ICtoA'aA cm.. .--_----_r_Lt1 Q 'a t r�9 aBBlin:ni:a aq'AYSu' :t• +s 7A. .. ' T�h1: M,. Imo.then and 8417c3 fi. l :r j:11Ni 0 ; IFnitruns.V In theme at our Lord ant 6[vttvxuM etas bn:e�a4 0.1101 end ;Monty Aatveea !} M. IWA ERS'TE% e S , of the County el Weld end v rr . m etas Oalom�of the flied part,and 1,0),,..- n H E. KOCH and Bg1RL.SY E. EOCH ':apt co, pfthw , Oozitw7 of Weld std Moto 02 Ozarrtn ace^..cr.a ya^,t r. . ' a k ! YK+ q ty ti winnow,'E'7i nt Co said pevl y o!the fleet pert,for neA b sm�atr^,ti.�ecr.<So Scam of za, : other good and valuable'conoidermtion and TED AND NO/100 ZOLFa.22ri, Ai 1'' 0.ira to th wad l y of t`.o ant part in hand WA by 410 Fold pct%lea of r s1 stn,toe ,S .�e ??/;,,,;,,':: ti t rewlyt whereof 7a bent.w oa nfaod sad cehnovlcdA:3,boa er^nate4,SL w^'..cod,re?Ll wad eruvago$ I n +t� and by theca r emota deco avant,turiatn,evil,ceavay end 00301123 ua,o the re'5"Xi ice ci e2ea a ru`ta ' v000rd port, theirha ro tad eceicirn;.amvc,el tno feBo'Lrg dorlbei lot 'or pm:i of )xt£ I.. I. dna 171 Was and km thr, Ocoat7 of Weld and p 4 ,. Swam or Voia:awiar wawltw i §,o es li m mast half (E§) of the nosYrosat quanta. (NBii). and the southeast guar- , ter (SRO of section min (6), in township ono (1) north, of range sixty- .- I ( W r i ! might (60) tsar of the 5th P.M.; and all that per' ... tIDn aouthuoot 3^pt�,c quarter (OWE) of section five (5), in twannhiD ..0 (1) e,.,rth of ra o ;kr`. army-oiIttIt (60) west of the 6th '.M., described no fellow]; Caner. icing • 1 `k at a pttolt n the southwest corner of said quarter cectlen thence nor th � _ on the vast 'Ina of said quarter section, 2240 feet; thence cast SOD foot. e; f t. ov south 230 coat to a pointof ≥ on the with l of cold c ion , 1225R. 5/7'_ha foot cent of the southwest corner of paid guertcr section; +',� "� thence' west 1255. 5/7tha feint slang the south line of acid quartos ye' ' section to the point of beginning. titv Together with all ditch and water rights appertaining to oald pramioeo,e including 0.0 pbarem of the preferred capital stock of The Consolidated $. Lower Boulder Reservoir and Ditch Company,.55 guavas of t ho capital. 7aati stuck of The Wyr.er Cottonwood Consolidated Ditch Co., 0 *Laren r.^, the capital stock of Thu Brie Cool Creek Pitch and Reservoir Car,pany.t and 50 more foot unite of enter co allotted to acid promisee by £hr Northern ;N.-�w Colorado Water Conservancy District. 4Ar-,, Subject to romsrvationa of record contm.tned in Patent fra,e the United r,? ;or_ f Otatea of America and any rascrvetiem contained in dzett:c from the Union y Bs Pacific Railroad Company and in dead recorded in PanIc 162 r . :sec 73 of l * Held County recordn. 19 0.i 'U• 11+.!"i�n...r.?i Ij dp The e uti.,,cnt quarter (6a,PA of section r_:tve (5) in township one (1 at`4 north :of range oicty-eicht (60) wont of the 6th P.M., except d par :c. !1 of i d i pointo 8RAI of said nthe oaathr.en caption oo:mar described quarter follows; n arter n section; thence north ( en I s,. the west line of enid quarter ;action, 22240 foot; thanes past 300 foot; 'r thanes south 230 cant to a point cm too mouth lino of nerd aecti.nn i 1/4 i of s.'.*: 1255. 5/7ther foot cant of the oouuth eat south of qua tereection; i, Yli thence.west. 55 S/7ths feat along 1 . . section to the,point of beginning. �! r f, r • " Togethtma1 with all ditch end rater right., opparteining to acid provlsoN py,,,m, y, y including 8 nharmm of the capital stook of The Eric Coal Creak Ditch bn 4 pony, 25 Oherea of the capital stock of The fAoyner Cottonwood Consolidate' Ditch Co. end 50 ears foot units of water no allotted to said premises {j ,yf;,�-` no.awl w5$wnrr nriVannect1DaTin stn 0,tea Meta e.ad ea ue4a auto a4 Dan mines i !l S A n;•;. l .e • 4t p `.eVitIk >dtl as } , ,e .'. ..... . are ^m k "tin '5at1 I d.4—Th l'Wortharfl Colorado Rotor Coneervaat Distrfat, S-a Iverit P. • i.i iii43.ne?a Al t (1) , .nort o f rsax gttp _5 oo®≥�eoe of t`eata sin a N ; t t9�r e two Wigti all ditch d,NW1ter rights spnartainis% to amid preolets inelueire 1,1 ehacas of a preferred capital climate of The Coneolirlwstad Lotter ° r` ti - and Reestvdir and mob Caroray, 70 ohm cf thn'a itsl atvsnt v, 'At;,�y r. � of The Lsysor CotCaiaal0d Cotmtbl.sdatad•Ditch Co., 0 miaprrtt of the capital 5{r' ",, _, atoch'of Rho Ni. Coal Creek Ditch and Reservoir Coa®pny, 5 sharps of ,. , the capital *Link of The Does Lino land and Raeorvoir Cmaglany, dreg 50 '{,.a"• `' mare foot units of water am allotted to said preaioae by the Northern r ides Colorado Slater Conservancy Diotriots `4'}1"•. Subject to reservations of record contained Sn Patent from the United iii, "ig'Ik,r I States of Raorioa and any reservations ',antailted in deeds free the '•, 1 t Udine Pacific Railroad Company. 1 n,,y$y0. ,,_ i.,,a4. ..,z.' k J4 yi � ... I. t I yy f eft Irar 4 _ I Tommari h wit:eased sed eladsler the haroditomotta and oppertrnanaaa th ramie belonging,or in I r onywdm•eppcetele ag anal the row,I, and renalora, remainder and rasaSndern,east%lance and ' mate eclat mid all the valeta,debt, nth, interest, elelm and demand o:Gloom; of the raid f.mft: „- , ..y pare anise in Lw or agatty,of,In end to the above berd't,d prvdao,with % +F' the dea nitob d sppartonnneaa nl3$� t'. TO SLAVED AHD TO HOLD the mid Drnmiero above bargained and decaribed.with the °pyane- rk5'.. erase unto Kenneth E. Noah end Shirley E. Korth • - the geld pert den of the e000nd Dart,their balm and insigne foram. , �ip',: �; Ij And the Eva Foster r 4f"wst ' part y of the flat port, ; Fi 11'' (fII "l' ] for her elf, her beam, oneantora cad edmlrlatraton, do es eoecnmR grant, bargain r'4 tl and to and with the addpart. �'na, u ndrao part lee of the emend their helm nod that at the 1 I S 4 ?, I Wars e4 the enasaSisg cod dsSvory of LAax pmtn+M she is well*•lead M the prvmlDoo }i i shore parerd,eo of Good,ogre,Darfoot,abooluto and Indefoneltio eslato of toberttes s la law,to fee 1.r'• H5 ample,and N., o cood right,fail power and lawful anthorit;to r,;eat,berrOn,tall and even the e s rA0 rano in eam'1rs and form eforaeald,sod that rho=a aro trot end stay from ad former aril other - ; mart%barge:-a,eelem,dare,teacv,ttrr.stns and Inmabrameea at wbeterce*4 or nature auarcr. '^3' Except encumbrances of racorl., nod accept reservations, eoamnwnts and 5• ,r't1, rights of elny of record. 1 s, y f r 4. I 0 k x+` IE m 1 V. 4`e e "( St t .ka ry H'i N.' b �. .. ...+Ion....,• . ' eni I .r.jaal.2..03 , • `I .fir. 1 i i'G•ti+1.� riJ I cod Ado*�0'rC A?9'CtlIDAQ ftd'fA�.'-x0.9 f1 L.. u 3 Td,.., dn% eei•AAs'lr,77Vaatka 0.tae ath plot inn d ite rootm3 ro.71, threr. !e?z . • ,. N. ItOttal 611 sad*oozy mom se gsc000r lsrr!tlb staissiog co to skin OA wt.% ` "^-0f; h. thZted,ene osii poi v of ace ENO ran coon sad 11O WARRANT AND POE:W s 31,-. .'..7.7r. V y `-. nc WITNIISS WIIIMOV,Too*s!d 7*r1 y of SrO !Ina start 9za hcra ,,to c.. 11,....r "'sr= .C. Mud cad saltb*r?si ono yots ZraE mDsrn mitts rs2�_Yt. I ..� a 5.2,5rl 4A31S►1 '.rod la Tt+ a o _ r_ .7.0n: eea.---.__ �—10.14 .Y�J fno 1 r r- .,Y..• .......__........ [Elb?®L] k. i Cee�,a s acm oats.►aa!.a to J !; at • I STATE OR 00120E.ADD, 1 I' ^Tl 4 P :n*nowt '-.g 1134112=-11'cr-aa ZZ.heetadV@ be l -13 rsu:WI.: Zr l d$y'of Fa inquiry ..+ Y�ir 3D Q�"F L rooter. i i o• f April 9, 1972 • 1,:..% L pip© ___._.._..........._..fE �'C, 0 b ..,i;�s• �' -rry-deq ��rj1v.�qq((//99vpry�gqaoo�rWy�ppwa�}e a�as �1 It �crn:zLr�As�t2o w�(p�-.�1�.•'tt:3�cr rn cCaaa- ,'' , • {4A ppClm@➢61i'r Y��'.lin m Hp Dr�0c�e f iKJwrl�• 7 rLSkf.T c4 6:C%✓1`tl t_i]IL.Xl h , rl f��1'�;ti• i �Ifwl,.�! i N 5 k S+. :�;:,;�` 0ltoeari tion furnioha8 Ormntcr. Q • �Yyx^ . . 'Gkidtir r • . ' FdA• n :�1 J '¢Ih•> . ,, r.c "i•:�l •a `r �(•�oU�i�i, ..,t°I' * TS'CA� .:,, , A�► . B 1383 REC 02333363 05/18/93 16:09 $40.00 1/008 • • F 1202 MARY ANN FEUEP.STEIN CLERK & RECORDER WELD CO, CO DEED IN LIEU OF FORECLOSURE 4R2333363 DEBTOR'S WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS: THAT the undersigned, KENNETH E. KOCH thereafter "Grantor", whether one or more), claim an interest in, and legal title to certain real property described in Exhibit "A" attached hereto and incorporated by reference, which is secured to the Farm Credit Bank of Wichita, fka The Federal Land Bank of Wichita thereinafter "FCB" or "Grantee") under that certain First Farm and Ranch Mortgage dated November 11, 1980 and recorded February 12, 1981, in Book 928 at Reception No. 1849541, in the records of Weld County, Colorado, securing certain loans by FCB to Grantors; and NOW, THEREFORE, for good and valuable consideration, Grantor hereby acknowledges FCB Loan #0791212-8 is in default; is secured by the real property described in Exhibit "A" attached hereto and incorporated by reference; disclaims all further right, title and interest in and to the property conveyed hereunder, including but not limited to any rights of restructure, homestead, leaseback, repurchase, redemption, or continued possession, or going- away crops,except as set forth in Agreement between the parties dated April 26, 1993,and does hereby grant, convey, transfer and assign to the FARM CREDIT BANK OF WICHITA, fka THE FEDERAL LAND BANK OF WICHITA, a corporation, whose address is 245 North Waco,P.Q. Box 2940,Wichita,Kansas 67201-2940,its successors and assigns,all of Grantor's right, title and interest, including by way of description, and not limitation, rights in reversion or abandonment under the Bankruptcy Code,Title 11 U.S.C.,rights of first refusal, repurchase, leaseback, restructure,cure,continued possession,homestead,redemption or going-away crops, • except as set'forth in Agreement between the parties dated April 26, 1993, in and to all or any part of the following described property located in Weld County, Colorado, to-wit: An undivided one-half interest in the property described on • Exhibit "A" attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD THE SAME, together with all growing crops,water, water rights, fixtures, equipment and appurtenances, and rights used and obtained or pertaining thereto, as set forth and contained in that certain Mortgage as set forth above in the records of Weld County, Colorado, free and clear of any and all further right, title, interest or claim of Grantor, except as set forth in Agreement dated April 26, 1993, and free and clear of all liens or encumbrances, except for judgment in favor of Bi-State Machinery Co., Inc. recorded August 10, 1990, in Book 1272, at Reception No. 02222988, and judgment in favor of John L. Anderson recorded November 26, 1990, in Book 1283, at Reception No. 02233985,and except for title exceptions rat forth in Exhibit"B"attached hereto and incorporated herein by reference, and except for the existing lease and the rights of the Receiver. Grantor covenants and warrants the above described property and premises in the quiet and peaceable possession of Grantee, its successors and assigns, and Grantor covenants that at the time of execution and delivery of this Deed it has full power and authority to grant, bargain, • sell and convey the same free and clear of any and all other claims of any persons or parties • claiming by, through or under Grantor. This Deed in Lieu of Foreclosure shall be dated and deemed effective as of the date of execution. Grantor acknowledges that this Deed has been tendered after full disclosure of the • waivers contained herein and consultation with and upon the advice of Grantor's counsel, and 1 SKLD LG SKL10422 WE 2333363-1993 . 001 B 1383 REC 02333363 05/18/93 16:09 $40.00 2/008 F 1203 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO • has been freely and voluntarily given. Grantor acknowledges and agrees that the default under the original loan documents shall, for the purposes of this Deed, be deemed to be a continuing default. Grantor acknowledges that Grantee's acceptance and recordation of this conveyance shall not be deemed a merger or waiver of Grantee's rights as a mortgagee or beneficiary under any Mortgage, Deed of Trust or other security instrument secured by the property; but is made solely for the purposes of providing a Deed in Lieu of Foreclosure to clear title, transfer possession and avoid, to the extent possible, additional costs, expenses and delays of judicial or public trustee foreclosure of the Grantee's rights under the above-described Mortgage. Further, Grantee's acceptance of this conveyance shall not be deemed or construed a merger or waiver of Grantee's right or claims under the loan secured by the foregoing property to commence or continue foreclosure or any other proceeding for one year from date hereof, to collect the full amounts due under Grantee's loan from the property in the event Grantee deems or feels it necessary for any reason to continue such proceedings to clear title to the property, subject to the terms of the Agreement dated April 26, 1993. • For Notices for any purpose, the parties agree their addresses for Notice purposes shall be: KENNETH E. KOCH Farm Credit Bank of Wichita, fka The c/o Diana Godinho Federal Land Bank of Wichita 13750 Huron Greeley Lending Office Broomfield, Colorado 80020 127 22nd Street • Greeley, Colorado 80631 or such other address as the parties may provide one another from and after the effective date of this Deed, in writing. DATED this I %cJ day of May, 1993. r�L: eike(el" � I KENNETH E. KOCH STATE OF COLORADO ) ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO before me this /6/Al- day of May, 1993 by • KENNETH E. KOCH. ,,,,,, 1111,1 NESS i my hand and seal. / 4. , / • f /` Y �C1C• lam' •c Notary Public " ikto iissipn expires -9�CJ.%'7 . G n • ,,r of ` • • • SKLD LG SKL10422 WE 2333363-1993 . 002 • B 1383 REC 02333363 05/18/93 16:09 $40.00 3/008 • F 1204 MARY ANN FEUERSTEIN CLERK o RECORDER WELD CO, CO EXHIBIT "A" TRACT #1 N 1/2 of the NW 1/4 of Section 5, Township 1 North, Range 68 West of the P.M., Weld County, Slate of Colorado; EXCEPT a tract of land conveyed to The Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 60, being more particularly described as follows: A tract or parcel of land in the N1/2 of the NW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: BEGINNING at a point on the West line of Section 5, Township 1 North, Range 68 West from which the Northwest comer of Section 5 bears NI°21'30"E, a distance of 37.2 feet; 1. thence along the West line of Section 5, Nl°21'30"E, a distance of 37.2 feet to the Northwest corner of Section 5; 2. thence along the North line of Section 5, S89°37'30"E, a distance of 2,663.9 feet to the Northeast corner of the NW1/4 of Section 5; 3. thence along the East line of the NW1/4 of Section 5, S0°03'15"W, a • distance of 122.0 feet; 4. thence N87°48'W, a distance of 2,393.4 feet; 5. thence N83°58'30"W, a distance of 154.1 feet to the South right of way line of S.H. No. 52, as located Sept. 1962; 6. thence along the South right of way line of S.H. No. 52, as located Sept. 1962, N89°29'W, a distance of 80.0 feet; 7. thence 545°31'W, a distance of 9.9 feet to the East right of way line of the County Road, as located Sept. 1962; 8. thence N89°29'W, a distance of 32.6 feet, more or less, to the POINT OF BEGINNING. • SKLD LG SKL10922 WE 2333363-1993 . 003 B 1383 REC 02333363 05/18/93 16:09 $40.00 4/008 F 1205 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • ' EXHIBIT "B" • 1. Rights or claims of parties in possession imt. shown by the public records. 2. Easements, or claims of easements, not sham by the public records. 3. Discrepancies, conflicts in bowndary,lines, .shortages in area, encroachments, and any facts which a correct 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. Defects, liens, encumbrances, adverse•claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by the commnitient. 6. Taxes for the current year, including al1,.taxes now or heretofore assessed, due or payable. 7. Rights of way for County ads 30 feet reeds wide on either side of Section and Township lines, as established by order of�tiejpoarti,of�County Cannissioners for weld County, recorded in Book 86 at Page 273. . ,1 . 8. All coal and other minerals within or uindes'lying said lards; the exclusive right to ptusptct in and upon said land for opal and,otter minerals, therein, or which may be supposed to be therein, and to mine forland,rsvve fran' said land all coal and other • minerals which may be found thercon by.anjmoje;:tie right of ingress, egress and regress upon said land to prospect, for;''mine aid remove any and all such rnal or otter minerals and the rith to use so'much'oi'Said lard as may be convenient or necessary for the right of way to and fram'such prospect places or mires and roads and approaches thereto or for removal therefrom of,coal, mineral, machinery or other material; and the right to said Unicn,Pacific Railroad Company to maintain and operate its railroad in its present.frorm of construction and to make any change in the form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Canpany in Warranty Deed recorded January 31, 1899 in Book 170 at Page 87, and any and all assignments thereof, or interests therein (Affects SW1/4 5-1-68). m.'; m' • • 9. All cmer and other nminerals within or underlying said lands; the exclusive right to prospect in and upon said land for coal and other minerals, therein, or which may be supposed to be therein, and to mine for and remove fran said land all ooal and other minerals which may be Land 'thereon by anyone; the right of ingress, egress and regress upon said lard to ptw ,t for, mine and remove any and all such real or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and fran such ptuspec,l places or mines, and for the convenient and proper operation of such pivsps.:t places, moires and roads end approaches thereto or for removal therefran of coal, mineral, machinery or other material; and the right to said Union Pacific Railroad Canpany to maintain and operate its railroad in its present form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Company in Warranty Deed recorded July 17, 1900 in Book 178 at Page 401, and any and all assignments thereof or interests therein (Affects NW1/4 5-1-68). • SKLD LG SKL10422 WE 2333363-1993 . 004 N , • H 1383 REC 02333363 05/18/93 16:09 $40.00 5/008 • F 1206 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT "B" (continued) 10. Right to run water through a certain lateral ditch running fran the main ditch or 'The Erie Coal Creek Ditch and Reservoir Company through and across th NW1/4, Section 5, Township ]. North, Range 68 West of the 6th P.M., as conveyed to Carl Rasch by Elijah V. Lovejoy in Warranty Deed recorded Octntnr,27, 1900 in Book 181 at Page 273, in which the ' specific location of said right-of-way is not defined. 11. Gentry Drainage Ditch, aid any and all rights of way therefor, as evidenced by Map and Statement filed October 26, 1910 as Reception No. 160177, insofar as the sane may affect . subject property. • 12. Right of way for the irrigation ditch of the Consolidated Lower Boulder Reservoir and Ditch Canpany as now constructed, as granted to The Consolidated Lower Boulder Reservoir and Ditch Company by Robert F. McCarthy, as the Administrator of the Estate of Sarah Jane Woolley, deceased, in Administrator's Deed recorded November 3, 1917 in Hook 489 at Page 223, affecting the following described property: A strip of land through the SW1/4 of the 9W1/4 of Section 5, Township 1 North, Range 60 . West of'the 6th P.M. 25 feet on the right and 15 feet on the left of the following described line; Beginning at a point on the West line of Section 5-1-68W. 6th P.M., 100 feet South of the West quarter corner,of, tt .•said Section; thence 54440'E, 215 feet; thence S20°33'W, 250 feet; thence S77„Z0 E,,;278 feet; thence S3O°O6'E, 200 feet; thence S54°13'E,13'E, 335 feet;, thence a, strip) of 1 .,qqd;2,5 ,feett on the left and 50 feet on the right, • S24°47'W, 158 feet; theme p strip oft 1141.440 e1et Fp. the left and 25 feet on the right N78°56'W, 275 feet; theme N63'02' , •409 fot; thence,N76.51'.W, 287 feet more or less to the West line of the said Section, lbeis a ppoOrtion of the W1/2 of the SW1/4 of said Section 5. , j . tiLl ;I tlt 'Vaal t , ,ri:!. i' , . 11 1'. i, .11 ll ll ' id. , 13. Easement and right of way to construct, operate an maintain its electric transnission, distribution and service lines as;granted.to Public Service Company of Colorado by Jennie C. Johnson, Adninistratrim of the Estate of,Henry deceased, Alice M. James, Esther J. Branch, Clarence E. Johnson, Norman H: Johnson and L. Maynard Johnson in instrument recorded June 20, 1947 in Book 1206 at Page 214, affecting the following dew ibed property: Over and across the Westerly portion of SW1/4 of Section 5, 7twnship 1 North, Range 68 West of the 6th P.M., which right of way is more particularly described as follows: A right of way 45 feet wide, running East and West along the South boundary of said Section 5; Beginning at the East line of the County road on the West of said Section 5 and ocntinuing Easterly, parallel with and adjoining the North side of the County road cn the • South of said Section 5, for a distance of 1255.5 feet. • . . SKLD LG SKL10422 WE 2333363-1993. 005 B 1383 REC 02333363 05/18/93 16:09 $40.00 6/008 F 1207 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT "B" (continued) • 14. Easement and right of way to construct, operate and maintain its electric transmission, distribution and service line, as granted to Public Service Company of Colorado by Clarence E. Johnson in instrument recorded June 20, 1947 in Bock 1206 at Page 215, affecting the following described property: Over and Boras's the Easterly portion of SW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M. the approximate centerline of which right of way is more particularly described as follows: • A right of way 45 feet wide, running East and West along the South boundary of said Section 5; Beginning at a point which is 1255.5 feet East of the East line of the County road on the West of said Section; thence Easterly, parallel with and adjoining the North side of the County road cn the South of said Section 5, for a distance of 1354.5 feet, more or less, to the North aid South center line of said Section 5, Township 1 North, Range 68 West. 15. Right of the Proprietor of a Vein or Lode to extract and stove his ore therefrnn should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January 18, 189:, in Book 34 at Page 368 (Affects E1/4NE1/4 6-1-68). 16. Right of way for ditches or canals constructed by the authority of the United States, as . reserved in United States Patent recorded �7anuary 18, 1893 in Book 34 at Page 368 • (Affects E1/2NE1/4 6-1-68). 17. Right of the Proprietor of a Veinlor Lode'to extract and remove his ore therefr7n should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent worded January. 11V 1893 in Book 51 at Page 194 and re-recorded • June 23, 1919 in Book 333 at Page 132 (Affects SE1/4 6-1-6B). 18. Easement and right of way for the oanstritticns, operation and maintenance of an irrigation ditch, as granted to Erie Coal Creek Ditch and Reservoir Company by John R. Thomas in Quit Claim Deed recorded February 13, 1909 affecting the following desr-ritod property: Said right of way to be 16 1/2 feet in width, beginning at a point 1017 feet North of the Southwest comer of the SE1/4 of 6-1-68W of the P.M., then running diagonally across said above described premises, crossing the South line of said above degr-ribed (arcs about 705 feet East of the Southwest corner of said above described 1/4 in Section 6). 19. Easement and right of way along the line of the Irt.pr Boulder Ditch, with the privilege . to enlarge the same as it now runs through the SE1/4 of Section 6, Township 1 North of Range 68 West and the E1/2 of the NE1/4 of Section 6, Township 1 North, Range 68 West as • granted to The Lower Boulder Extension Ditch Company by John R. Thomas in Quit Claim Deed recorded July 12, 1911 in Book 323 at Page 302, in which the specific location of said right of way is not defined. • SKLD LG SKL10422 WE 2333363-1993 . 006 B 1383 REC 02333363 05/18/93 16:09 $40.00 7/008 F 1208 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO • EXHIBIT "B" (continued) • 20. Easement and right of way to construct, operate and maintain its electric transmission, distribution and service lines, as granted to Public Service Canpany of Colorado by Jennie C. Johnson, Adninistratrix of the Estate of Henry L. Johnson, dew ^^d, Alice M. James, Esther J. Branch, Clarence E. Johnson, Norman H. Johnson and L. Maynard Johnson in instrument recorded June 20, 1947 in Book 1206 at Page 208, affecting SE1/4 of Section 6. 21. Terns, agree masts, provisions, conditions and obligations as contained in Surfer Owner's Agre9ient recorded December 27, 1955 in Book 1438 at Page 227 (Affects NW1/4 5-1-68). 22. Easnent and right of way for a perpetual easement and right-of-way to reconstruct the now existing Loans Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal including the right to borrow from or fill, as granted to Northern Colorado Water Conservancy District, a quasi-municipal corporation by Clarence Johnson, in the instrument recorded February 20, 1956 in Book 1443 at Page 171, affecting NW1/4 of the SW1/4 Section 5. 23. Easement and right of way for a perpetual easaient and right-of-way to reconstruct the row-existing rower Boulder Irrigation Canal. and to construct, operate and maintain tie South Platte Supply Canal, including the right to borrow Iran or fill, as granted to Northern Colorado Water Conservancy District, a quasi-municipal corporation, by Jennie C. • Johnson, Alice Johnson James, Esther Johnson Branch, Clarence Johnson, Norman Johnson and Maynard Johnson, in the instrument recorded February 26, 1956 in Book 1443 at Page 175, affecting N1/2 of the SE1/4 Section 6, Township 1 North, Range 6B West. 24. Easement and right of way for a perpetual easeent and right-of-way to reconstruct the now-existing Lower Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal, including the right to borrow from or fill as granted to Northern Colorado Conservancy District, ;a quasi-municipal corporations by Norman H. Johnson, in the instument recorded March 22; 1956 in Book 1445 at Page 85, NW1/4NW1/4 of Section 5. 25. Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the size of, operate and reemve a pipe line drips, pipeline markers, valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances convenient for the maintenance and operatio of said lines and for the t=ansporation of oil, gas, or other substances purposes, as granted to Panhandle Eastern Pipeline Company by Keruath E. Koch and Shirley E. Itch by instrument recorded June 29, 1978 in Book 837 as Reception No. 1758678, in which the specific location of the easement is not defined , (Affects SE1/4 6-1-68). 26. Easerent and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the size of, operate, and remove a pipeline, drips, pipeline markers, valves, launchers, receivers, cathodic equip rent, test lead% and all appurtenances convenient for the maintenance and operation of said lines and for the transportation of oil, gas, or other substances purposes as granted to Panhandle Eastern Pipeline Canpany by Kenneth E. Koch and Shirley E. Koch by instrument recorded June 13, 1979 in Bode 872 as Reception No. 1793621, in which the specific location of the easement is rot defined (Affects SE1/4 6-1-68). • • • , • , SKLD LG SKL10422 WE 2333363-1993 . 007 B 1383 REC 02333363 05/18/93 16:09 $40.00 8/008 • r' 1209 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT "B" (continued) 27. Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, charge the size of, operate, and remove a pipeline, drips, pipeline markers, valves, launchers, receivers, cathodic equipment, test lenic, and all appurtenances convenient for the maintenance and operation of said lines and for the transporation of oil, gas, or other substances purposes as granted to Panhandle Eastern Pipeline Cc parry by Kenneth E. Koch and Shirley E. Koch by instrument recorded December 12, 1979 in Book 890 as Reception No. 1811651, in which the specific location of the easement is not • defined (Affects SE1/4 6-1-68). 28. Terms, agreements, provisions, conditions and obligations of Right of Way Agreement by and between Kenneth E. Koch and Shirley E. Koch and Amoco P,.uluction Company recorded September 19, 1985 in Book 1085 at Reception 02025478 and Ratified by Farm Credit Bank of ' Wichita fka The Federal Land Bank of Wichita recorded Novemihmr 18, 1991 in Hook 1317 at Reception No. 02269602. 29. 'berms, agreements, provisions, conditions and obligations of Declaration of UNITIZNFION recorded May 12, 1986 in Book 1112 at Reception No. 02053234. 30. Terms, agreement, provisions, condition and obligations of Agreement by and between Shirley E. Koch and Kenneth E. Koch, The Ninth District Federal Land Bank Association, a • corporation, as attorney in fact for Farm Credit Bank of Wichita, a corporation and The City of Lafayette, a Colorado municipal corporation, recorded June 30, 1989 in Book 1237 at Reception No. 02184366. ' 31. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof. • • • • SKLD LG SKL10422 WE 2333363-1993 . 008 B 1383 REC 02333364 05/18/93 16:10 $40.00 1/008 F 1210 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO • • PERSONAL REPRESENTATIVE'S DEED IN LIEU OF FORECLOSURE aR2333364 THIS DEED made by Kenneth E. Koch as Personal Representative of the Estate of SHIRLEY EDNA KOCH aka SHIRLEY E. KOCH, deceased, Grantor, to FARM CREDIT BANK OF WICHITA fka The Federal Land Bank of Wichita, Grantee, whose address is 245 North Waco, P. O. Box 2940, Wichita, Kansas 67201-2940. WHEREAS, SHIRLEY EDNA KOCH aka SHIRLEY E. KOCH died intestate on November 6, 1992, in Northglenn, Colorado; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on February 9, 1993, and is now qualified and acting in said capacity; NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, and for good and valuable consideration, Grantor sells and conveys to Grantee the following described property located in Weld County, Colorado to-wit: An undivided one-half interest in the property described on Exhibit "A' attached hereto and incorporated by reference. TO HAVE AND TO HOLD THE SAME, together with all growing crops, water, water rights, fixtures, equipment and appurtenances, and rights used and obtained or • pertaining thereto, as set forth and contained in that certain First Farm and Ranch Mortgage dated November 11, 1980 and recorded February 12, 1981, in Book 928 at Reception No. 1849541, in the records of Weld County, Colorado, free and clear of any and all further right, title, interest or claim of Grantor, except as set forth in Agreement between the parties dated April 26, 1993, and subject to judgment in favor of Bi-State Machinery Co., Inc. recorded August 10, 1990, in Book 1272, at Reception No. 02222988, and judgment in favor • of John L. Anderson recorded November 26, 1990, in Book 1283, at Reception No. 02233985, and subject to title exceptions set forth in Exhibit "B" attached hereto and incorporated herein by reference, and subject to the existing lease and rights of the Receiver. This Deed shall be dated and deemed effective as of the date of execution. Grantor acknowledges that this Deed has been tendered after full disclosure of the waivers contained herein and consultation with and upon the advice of Grantor's counsel, and has been freely and voluntarily given. • Grantor acknowledges and agrees that the default under the original loan documents . for FCB Loan #0791212-8 shall, for the purposes of this Deed, be deemed to be a continuing • default. Grantor acknowledges that Grantee's acceptance and recordation of this conveyance shall not be deemed a merger or waiver of Grantee's rights as a mortgagee or beneficiary under any Mortgage, Deed of Trust or other security instrument secured by the property; but is made solely for the purposes of providing a Deed in Lieu of Foreclosure to clear title, transfer possession and avoid, to the extent possible, additional costs, expenses and delays of judicial or public trustee foreclosure of the Grantee's rights under the above-described Mortgage. •., I SKLD LG SKL10422 WE 2333364-1993 . 001 B 1383 REC 02333364 05/18/93 16:10 $40.00 2/008 F 1211 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • Further, Grantee's acceptance of this conveyance shall not be deemed or construed a merger or waiver of Grantee's right or claims under the loan secured by the foregoing property to commence or continue foreclosure or any other proceeding, for one year from date hereof, to collect the full amounts due under Grantee's loan from the property in the • event Grantee deems or feels it necessary for any reason to continue such proceedings to • clear title to the property, subject to the terms of the Agreement dated April 26, 1993. Grantee is not the spouse, agent, or attorney of the Personal Representative or any corporation or trust in which the Personal Representative has a beneficial interest. For Notices for any purpose, the parties agree their addresses for Notice purposes shall be: ESTATE OF SHIRLEY EDNA KOCH Farm Credit Bank of Wichita, fka The aka SHIRLEY E. KOCH Federal Land Bank of Wichita c/o John Flanders Greeley Lending Office . Flanders,Sonnesyn & Stover 127 22nd Street 401 Main Street Greeley, Colorado 80631 Longmont, Colorado 80501 • or such other address as the parties may provide one another from and after the effective date • of this Deed, in writing. • DATED this day of May, 1993. ESTATE OF SHIRLEY EDNA KOCH aka S Y E. KOCH ,A2 ,t,„(By: Kenneth E. Koch . Personal Representative Weld Probate Case No. 93 PR 36 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO before me this uyo(-day of May, 1993 by Kenneth E. Koch as the Personal Representative of the ESTATE OF SHIRLEY EDNA KOCH, aka SHIRLEY E. KOCH. • WITNESS my hand and seal. // ' //��f aihd . • •\C_;.�t Y :'v =, Notary Public • : .Nre prgSasidMM expires 7/-At.217. \ PLItiv :`e,: �r+f�.o...•`OVA. • 2 SKLD LG SKL10422 WE 2333364-1993 . 002 B 1383 REC 02333364 05/18/93 16:10 $40.00 3/008 F 1212 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT "A" TRACT #1 N 1/2 of the NW 1/4 of Section 5, Township 1 North, Range 68 West of the P.M., Weld County, State of Colorado; EXCEPT a tract of land conveyed to The Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 60, being more particularly described as follows: A tract or parcel of land in the NI/2 of the NW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: BEGINNING at a point on the West line of Section 5, Township 1 North, Range 68 West from which the Northwest corner of Section 5 bears NI°21'30"E, a distance of 37.2 feet; 1, thence along the West line of Section 5, NL°21'30"E, a distance of 37.2 feet to the Northwest corner of Section 5; 2. thence along the North line of Section 5, S89°37'30"E, a distance of 2,663.9 feet to the Northeast corner of the NW1/4 of Section 5; 3. thence along the East line of the NW1/4 of Section 5, S0°03'15"W, a • distance of 122.0 feet; 4. thence N87°48'W, a distance of 2,393.4 feet; 5. thence N83°58'30"W, a distance of 154.1 feet to the South right of way line of S.H. No. 52, as located Sept. 1962; 6. thence alcng the South right of way line of S.H. No. 52, as located Sept. 1962, N89°29'W, a distance of 80.0 feet; 7. thence S45°31'W, a distance of 9.9 feet to the East right of way line of the County Road, as located Sept. 1962; 8. thence N89°29'W, a distance of 32.6 feet, more or less, to the POINT OF BEGINNING. • SKLD LG SKL10422 WE 2333364-1993 . 003 • • B 1383 REC 02333364 05/18/93 16:10 $40.00 4/008 F 1213 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO • EXHIBIT•"B" a 1. Rights or claims of parties in possessiorenot.shown by the public records. 2. Easements, or claims of easements, pet•snpm by.the public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any facts which a correct survey and inspection of the premises world disclose and which are not shorn by the public records. F • 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate • or interest or mortgage thereon covered by the commitment. 6. Taxes for the current year, including all:taxes now or heretofore • assessed, due or payable. 7. Rights of way for County roads 30 feet wide on either side of Section and Township lines, as established by order of the Board of County Cannissioners for Weld County, • recorded in Bode 86 at Page 273. 8. All coal and other minerals within or underlying said lands; the exclusive right to prueper;.L in and upon said land for coal.and other minerals, therein, or which may be supposed to be therein, and to mine for aid remove fran said land all coal and other • minerals which may be found thereon by anyone; the right of ingress, egress and regress upon said land to pLwka t for, mine and ranee any and all such coal or otter minerals and the rith to use so mu Ch of said land as may be convenient or necessary for the right of way to and from such prospect plus or mines and roads and approaches thereto or for removal therefrom of coal, mineral, machinery or other material; and the right to said Union Pacific Railroad Calipany to maintain and operate its railroad in its present frorm of instruction and to make any change in the form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Company in Warranty Deed recorded January 31, 1899 in Book 170 at Page 87, and any and all assignments thereof, or interests therein (Affects SW1/4 5-1-68). �.•`, 6' ' 9. All coal and other minerals within or underlying said lands; the exclusive right to •• prospect in and upon said land for man and other minerals, therein, or which may be supposed to be therein, and to mine for and remove from said land all omen and other 4 minerals which may be found 'tlesean by anyone; the right of ingress, egress and regress upon said land to prwpeeL for, mine and remove any and all such coal or other minerals • and the right to use so much of said land as may be convenient or necessary for the right of way to and fran such piwpeLL places or mines, and for the convenient and proper operation of such pruspeLL. places, mines and roads and approaches thereto or for raroval therefran of mat, mineral, machinery or other material; and the right to said Union Pacific Railroad Company to maintain and operate its railroad in its present form of • construction or method of operation of said railroad, as reserved by Union Pacific Railroad Company in Warranty Deed recorded July 17, 1900 in Book 178 at Page 401, and any and all assignments thereof or interests therein (Affects NW1/4 5-1-68). • • SKLD LG SKL10422 WE 2333364-1993 . 004 • • • •• B 1383 REC 02333364 05/18/93 16:10 $40.00 5/008 F 1214 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO • EXHIBIT "B" (continued) • 10. Right to run water through a certain lateral ditch running from the main ditch or The Erie Coal Creek Ditch and Reservoir Company through and across th NW1/4, Section 5, Township 1 North, Range 68 West of the 6th P.M., as conveyed to Carl Resell by Elijah V. Lovejoy in Warranty Deed recorded October 27, 1900 in Book 181 at Page 273, in which the specific location of said right-of-way is not defined. 11. Gentry Drainage Ditch, and any and all rights of way therefor, as evidenced by Map and Statemnt filed October 26, 1910 as Reception No. 160177, insofar as the same may affect subject property. 12. Right of way for the irrigation ditch of the Consolidated Lower Boulder Reservoir and Ditch Company as now constructed, as granted to The Consolidated Lower Boulder Reservoir and Ditch Car any by Robert F. McCarthy, as the Administrator of the Estate of Sarah Jane 4k;olley, deceased, in Administrator's Deed recorded November 3, 1917 in Boot 489 at Page 223, affecting the following dnccribed property: A strip of land through the SW1/4 of the SW1/4 of Section 5, 'Township 1 North, Range 60 West of the 6th P.M., 25 feet on the right and 15 feet on the left of the following described line; Beginning at a point on the West line of Section 5-1-66W. 6th P.M., 100 feet South of the West quarter corner of the said Section; thence 544°40'E, 215 feet; thence S20°33'W, 250 feet; thence S77°20'E;' 278 feet; thence 330°06'E, 200 feet; thence • S54°13'E, 335 feet; thence a strip of•laid 25' feet on the left and 50 feet on the right, S24°47'W,47'W, 158 feet; theme a strip of'larid 1 'feet on the left and 25 feet on the right N78°56'W, 275 feet; thence N63°02'W, '100'feet 'therx a N76°51'4, 287 feet more or less to the West line of the said Section, 'beirigba1pbttiGn Of the W1/2 of the SW1/4 of said Section 5. ' I .; .a 'arqi�l i 13. Easement and right of way to constnrct'i;oper'dte and maintain its electric transnission, . distribution and service lines as granted to Public Service Canpany of Colorado by Jennie C. Johnson, Adm nistLatrix of the Estate of Henry L. 'Johnson, deceased, Alice M. Janes, Esther J. Branch, Clarence E. Johnson, Norman H. Johnson and L. Maynard Johnson in instrument recorded June 20, 1947 in Book 1206 at Page 214, affecting the following daarribed property: Over and across the Westerly portion of SW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M., which right of way is more particularly rlacrribed as follows: A right of way 45 feet wide, running East and West along the South boundary of said Section 5; Beginning at the East line of the County road on the West of said Section 5 and continuing Easterly, parallel with and adjoining the North side of the County road on the South of said Section 5, for a distance of 1255.5 feat. • • � ,.;, • SKLD LG SKL10422 WE 2333364-1993 . 005 B 1383 REC 02333364 05/18/93 16:10 $40.00 6/008 F 1215 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT "B" (continued) • 14. Easement and right of way to construct, operate and maintain its electric transmission, distribution and service line, as granted to Public Service Company of Colorado by Clarence E. Johnson in instrument recorded June 20, 1947 in Bock 1206 at Page 215, affecting the following described property: • Over and across the Easterly portion of SW1/4 of Section 5, lbwnship 1 North, Range 68 West of the 6th P.M., the approximate centerline of which right of way is more particularly described as follows: • A right of way 45 feet wide, running East and West along the South boundary of said • Section 5; s'_ginning at a point which is 1255.5 feet East of the East line of the County road on the West of said Section; thence Easterly, parallel with and adjoining the North side of the County road on the South of said Section 5, for a distance of 1354.5 feet, more or less, to the North and South center line of said Section 5, Township 1 North, Range 68 West. 15. Right of the Proprietor of a Vein or 1n1a to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January; 18, 1893 in Book 34 at Page 368 (Affects E1/4NE1/4 6-1-68). 16. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent irded ,January 18, 1893 in Book 34 at Page 368 • (Affects E1/2NE1/4 6-1-68). !, 17. Right of the Proprietor of a Vein Or Lode"to'extract and remove his ore therefran should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent £tCurded January 18;'1893 in Bode 51 at Page 194 and re-recorded June 23, 1919 in Book 333 at Page 132 ,(Affects SE1/4 6-1-68). 18. Easznent and right of way for the constructions, operation and maintenance of an • irrigation ditch, as granted to Erie Coal Creek Ditch and Reservoir Company by John R. Thomas in Quit Claim Deed recorded February 13, 1909 affecting the following de rribed property: Said right of way to be 16 1/2 feet in width, beginning at a point 1017 feet North of the Southwest corner of the SE1/4 of 6-1-66W of the P.M., then running diagonally across said above de'ibed premises, crossing the South line of said above described (and about 705 feet East of the Southwest corner of said above described 1/4 in Section 6). 19. Easement and right of way along the line of the lower Boulder Ditch, with the privilege to enlarge the same as it now runs through the SE1/4 of Section 6, Township 1 North of Range 68 West and the E1/2 of the NE1/4 of Section 6, Township 1 North, Range 68 West as • granted to The Lower Boulder Extension Ditch Company by John R. Thomas in Quit Claim Deed recorded July 12, 1911 in Book 323 at Page 302, in which the specific location of said right of way is' not defined. • • SKLD LG SKL10422 WE 2333364-1993 . 006 • B 1383 REC 02333364 05/18/93 16:10 $40.00 7/008 F 1216 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT "B" (continued) 20. Easement and right of way to construct, operate and maintain its electric transmission, distribution and service lines, as granted to Public Service Company of Colorado by Jennie C. Johnson, Admdnisiratrix of the Estate of Henry L. Johnson, deceased, Alice M. James, Esther J. Branch, Clarence E. Johnson, Norman H. Johnson and L. Maynard Johnson in instrument recorded June 20, 1947 in Book 1206 at Paae 208, affecting SE1/4 of Section 6. , 21. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement recorded December 27, 1955 in Book 1438 at Page 227 (Affects NW1/4 5-1-68). 22. Easment and right of way for a perpetual easement and right-of-way to reconstruct the now existing Loner Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal including the right to borrow from or fill, as granted to Northern Colorado Water Conservancy District, a quasi-municipal corporation by Clarence Johnson, in the instrument recorded February 20, 1956 in Book 1443 at Page 171, affecting NW1/4 of the SW1/4 Section 5. 23. Easement and right of way for a perpetual easement and right-of-way to reconstruct the raw-existing Lower Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Canal, including the right to borrow from or fill, as granted to Northern Colorado Water Conservancy District, a quasi-municipal corporation, by Jennie C. • Johnson, Alice Johnson James, Esther Johnson Branch, Clarence Johnson, Norman Johnson and Maynard Johnson, in the Instrument t5wrded February 26, 1956 in Book 1443 at Page 175, affecting N1/2 of the SE1/4 Section 6, Township 1 North, Range 68 West. • 24. Easement and right of way for a perpetual easarent and right-of-way to reconstruct the now-existing Lower Boulder Irrigation Canal and to construct, operate and maintain the South Platte Supply Carnal, including the right to borrow fran or fill as granted to Northern Colorado Conservancy District, ,a quasi-municipal wrporation by Norman H. Johnson, in the instrunent recorded March 22; 1956 in Book 1445 at Page 85, NW1/4NW1/4 of section 5. • ;` • „ . ' • 25. Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, charge the size of, operate and ratiove a pipe line drips, pipeline mariners, valves, laurrhers, receivers, cathodic equipment, test learla, and all appurtenances convenient for the maintenance and cperatio of said lines and for the transporation of oil, gas, or other substances purposes, as granted to Panhandle Eastern Pipeline Company by Kenneth E. Koch and Shirley E. Koch by instrument recorded June 29, 1978 in Book 837 as Reception No. 1758678, in which the specific location of the easement is not defined (Affects SE1/4 6-1-68). 26. Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the size of, operate, and remove a pipeline, drips, pipeline markers, valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances convenient for the maintenance and operation of said lines and for the transportation of oil, gas, or other substances purposes as granted to Panhandle Eastern Pipeline Company by Kenneth E. Koch and Shirley E. Koch by instrunent recorded June 13, 1979 in Boole 872 as Reception No. 1793621, in which the sca,i£ic location of tie easement is not define . • (Affects SE1/4 6-1-68). . , \.h SKLD LG SKL10422 WE 2333364-1993 . 007 B 1383 REC 02333364 05/18/93 16:10 $40.00 8/008 F 1217 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT "B" (continued) 27. Easement and right of way to lay, constrict, maintain, lower, inspect, repair, replace, relocate, change the size of, operate, and rainve a pipeline, drips, pipeline markers, valves, launders, receivers, cathodic eguiptent, test 1P as, and all appu*+an+nces • convenient for the maintenance and operation of said lines and for the transporation of oil, gas, or other substances purposes as granted to Panhandle Eastern Pipeline Company by Kenneth E. [loch and Shirley E. Koch by instrument recorded December 12, 1979 in Book 890 as Reception ht. 1811651, in which the specific location of the easement is not defined (Affects SE1/4 6-1-68). 28. Tenors, agrearents, provisions, conditions and obligations of Right of Way Agreement by and between Kenneth E. Koch and Shirley E. Koch and An PLuluction Company recorded September 19, 1985 in Book 1085 at Reception 02025478 and Ratified by Farm Credit Bank of Wichita fka The Federal Land Bank of Wichita recorded November 18, 1991 in Book 1317 at ' Reception No. 02269502. 29. Terns, agreements, provisions, conditions and obligations of Declaration of UNITIZATION recorded May 12, 1986 in Book 1112 at Reception No. 02053234. 30. Terms, agreement, provisions, conditions and obligations of Agreerent by and between Shirley E. Koch and Kenneth E. Koch, The Ninth District Federal Land Bank Association, a • corporation, as attorney in fact for Farm Credit Bank of Wichita, a corporation and The City of Lafayette, a Colorado municipal corporation, recorded June 30, 1989 in Book 1237 at Reception No. 02184366. 31. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof. • • SKLD LG SKL10422 WE 2333364-1993 . 008 B 1399 REC 02348030 08/27/93 15:21 $10.00 1/002 • F 0719 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO AR2348030 • QUIT CLAIM DEED THIS DEED, Made this 27th day of August, 1993, between KENNETH E. KOCH and Kenneth E. Koch as Personal Representative of the ESTATE OF SHIRLEY E. KOCH of the County of Weld, and State of Colorado, grantor, and FARM CREDIT BANK OF WICHITA, a corporation duly organized and existing under and by virtue of the laws of the State of Kansas, grantee, whose legal address is 245 North Waco, P. O. Box 2490, Wichita,Kansas 67201-2940, WITNESS, That the grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: N 1/2 of the NW 1/4 of Section 5, Township 1 North, Range 68 West of the P.M.,Weld County, State of Colorado; EXCEPT a tract of land conveyed to The Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 60, being more particularly described as follows: A tract or parcel of land in the N1/2 of the NWI/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: • BEGINNING at a point on the West line of Section 5, Township 1 North, Range 68 West from which the Northwest corner of Section 5 bean N1°21'30"E, a distance of 37.2 feet; 1. thence along the West line of Section 5, NI°21'50"E, a distance of 37.2 feet to the Northwest corner of Section 5; 2. thence along the North line of Section 5, S89°37'30"E, a distance of 2,663.9 feet to the Northeast corner of the NW1/4 of Section 5; 3. thence along the East line of the NW1/4 of Section 5, S0°03'15"W, a distance of 122.0 feet; 4. thence N87°48'W, a distance of 2,393.4 feet; 5. thence N83°58'30"W, a distance of 154.1 feet to the South right of way line of S.H. No. 52, as located Sept. 1962; 6. thence along the South right of way line of S.H. No. 52, as located Sept. 1962, N89°29'W, a distance of 80.0 feet; 7. thence S45°31'W, a distance of 9.9 feet to the East right of way line of the County Road, as located Sept. 1962; 8. thence N89°29'W, a distance of 32.6 feet, more or less, to the POINT OF BEGINNING. TO HAVE AND TO HOW the same, together with all and singular the appurtenances RWP:314P112 e>svomario 1 • SKLD LG SKL10422 WE 2348030-1993 . 001 • B 1399 RE^. 02348030 08/27/93 15:21 $10.00 2/002 ' 'F 0720 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO • and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whhatsooev r1 , of the grantor, either in law or equity, to the only proper use, benefit and behoof of the gnutee,its successors and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. 4-a•i/i1,45094. KENNETH E. KOCH ESTATE OF SHIRLEY E. KOCH Ri a A/4 By: Kenneth B. Koch Personal Representative STATE OF COLORADO ) ss. COUNTY OF WELD ) • The foregoing influent was acknowledged before me this day of August, 1993, by KENNETH E KOCH, individually and Kenneth E Koch as the Personal Representative of the ESTATE OF SHIRLEY H. KOCH. Witness my hand and official seal. Naui ary oAea COUNTY d GN Cad a&f^'7 t'. 47�r PAY Notary Public My Commission expires: tWPSlau2 2 mama** • SKLD LG SKL10422 WE 2348030-1993 . 002 'nlE n 4nwc°i'4Fe gig xxg.i4€�E p I'll: gsg:g , yg� iihip'•g 'e Ts{A hill h tit 3: jtJ. 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J 2 m' Qtl a b F¢ � n -"j es a 1ng st I g 1 $ aL;s �a.'�- e T.. 00g $ k mzk' `" ¢ a d a / o `[ 4 e 4- o a— c g`y3 g 8 ?'1. OJm ^ jA ngdi `.�� g E Ki $__ _ ——( �. L '� co;in --.y.”D2Los 6Z'LCSZ " ^ a a6'ose m,Ie,w gas � — —�- al s69oez m,lv,az.1 PS I 3Aa[Llory ;e f OV08 A1Mf400 Ol3M g:II /a^ y;P5i I ii \ �I' i3„ Ca ___ 3 _ fb ba a • [:y Rb C L , pp $ ° II3r s ila� 2d a l � d■ LE!a as 11118 6 O w y fgi !iC ,IvP'ogTet} 89 i4 O.Z 4 Z�� i� 3i'Ie .-if *' b re" •f3'�[= [e L ° � �! A El BBa� lf[�f �[bba r ;; iii !ii; c °� C,� S olio7$0 - Go p 'aE 9 a a9 € � � ! ill li 1}r s J ; [!fd II r PrOl ct '''[[[ $ :l . C= II ( R3 £R><aLlF° e ply" �i { 41.;R L4I in z a!` a g sb re :a=E€:al l�l° r7 pl 1 1 I IF:c II o o t o a l l l i € €a F @@[ ° `* I 1:ilii t) C r j 0_ € b, �` ti lb• ' b rf talh Illy, ! Sgt! 3-lb 1p` Ls' a 56b II°t % I _ 9 ! -1;x, pp O iiii eflalb°s' E °f ik V'ke� `lli l "g~... € ;� X1 6.. , L a • 9 .=. II 1I'IIIIIh1 In ' l ii I it �; liii ' 141 I4dii 9 z 25 ii ellal I ,-I q li-RI'll I7" 1PI V: ligil I I It l.k 1-i of : `ilil ill � =� a1!€ . II!I , ! t t s 5 0 � za w �' iiii ii M X11. .\....-../' ;�',t� = • z a �I lip EI Till X • IIIIII tit LLJ W / ...... / � y(tC� i � � pg5t a Iii 11 ll• ( F r ;..1.1i, p ii eSr i B p R Ili Q yO •\C1. - -� ly , �'r ,+d , 14 i yt i €g Y LAJ om • ,'tv ' I 131 t° PRA011 ' • ' $$� ir O t• / `- i!O re W c-Z ... l 1::. _ I11Eaa 4s � 7 �j n U � z � ,J • oP ' �. ``- J `r �° ,6. ;- . 'l. tG'zsfz--3„er.oz.00n j i �G ZBL lfl--3-1f.0Z.0DN ._.__—. - tL'IX9Z ��{l - Z6'SBZI ZL'tbfl--3,tf.0L.00N 3.t[.OZ.OON V --- • 9( I 4x ₹ I ', w • rr ul �d •LA , 2 h•- NN co I iI� O a • 1• h �� F4 gi e R $I i W W!;i I .WO g 1 NI!Ii I R.,o'5 �I 9iI 1-;l ow01� ^ N a.-� b,, IAf 'Oil caws u �� o iz,f I ii li NI 4OO _/ 15 "�� b. 1 r 1 = I 1 ....sill ill ! I 4(p.VI LnSi 1 11 I Vii z pli 0 e V� .._•I -) a Merl--M-It.OZ.t05 BZLfGZ %-.? ; F worm--M.It.0Z.105 ~^ I 3.OO.LfdoN $9 Sethi Ma/.CZ.105 £ OVOM A1Nf1po O131N ) ' B 1410 REC 02358121 11/04/93 11 :43 $10.00 1/002 F 0861 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO IR2358121 • CORPORATION SPECIAL WARRANTY DEED STATE DOCUMENTARY FEE Date // IL 43 Farm Credit Bank of Wichita $ •;r2O • (0 THIS INDENTURE, made this 3rd day of November, 1993, between FARM CREDIT BANK OF WICHITA,Wichita,Kansas, a corporation, party of the first part, and EUGENE E. GODINHO and DIANA E. GODINHO as joint tenants, whose address is 13750 Huror. Street, Broomfield, Colorado 80020. WITNESSEfH: That the said pity of the first pact, for good and valuable consideration to it in hand paid by the said party of the second part, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold and conveyed,and by these presents does grant, bargain, sell and convey unto EUGENE E. GODINHO and DIANA E. GODINHO, their heirs, successors and assigns, forever, its title to and interest in the following described real estate situated in the County of Weld and State of Colorado to wit: Lot B of Recorded Exemption No. 1467-05-2-RE 1517, recorded October 4, 1993,at Book 1404 under Reception No.02353050, and the S1/2 of the NW 1/4 of Section S,Township 1 North, Range 68 West of the P.M.,Weld County,State of Colorado; EKCtPT a tract of land conveyed to The Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 60, being more particularly described as follows: A tract or parcel of land in the N1/2 of the NW1/4 of Section 5, Township 1 • North, Range 68 West of the 6th P.M., said but or parcel being more particularly described as follows: BEGINNING at a point on the West line of Section 5, Township 1 North, Range 68 West from which the Northwest corner of Section 5 bears N1°21'30"E, a distance of 37.7 feet; 1. thence along the West line of Section 5, N1°21'30'E, a distance of 37.2 feet to the Northwest corner of Section 5; 2. thence along the North lie:of Section S, 589°37'30°E, a distance of 2,663.9 feet to the Northeast corner of the NW1/4 of Section 5; 3. thence along the East line of the NW1/4 of Section 5, S0°03'15°W, a distance of 122.0 feet; 4. thence N87°48'W, a distinct of 2,393.4 feet; 5. thence N83°58'30°W, a distance of 154.1 feet to the South right of way line of S.H. No. 52, as located Sept. 1962; 6. thence along the South right of way line of S.H. No. 52, as located Sept. 1962, N89°29'W, a distance of 80.0 feet; 7. thence S45°31'W, a distance of 9.9 feet to the East right of way line of the County Road, as located Sept. 1962; 8. thence N89°29'W, a distance of 32.6 feet, more or less, to the POINT OF BEGINNING. • SKLD LG SKL10422 WE 235812] -1993 . 001 t3 1410 RE: 02358121 11/04/93 11 :43 $10 .03 2/002 F 0962 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO • RESERVING, HOWEVER, unto party of the first part any minerals and mineral rights acquired prior to January 23, 1986. Party of the first part conveys 100% of all minerals and mineral rights now owned by it, if any, which were acquired after January 23, 1986. SUBJECT TO: Easements, rights of way, restrictions, reservations, mineral interest or mineral leases of record, and any building or zoning restrictions or regulations. TO HAVE AND TO HOLD the same, together with all and singular the title and interest of party of the first part in and to the tenements, hereditamenis and appurtenances thereunto belonging, or in any wise appertaining, forever. And the said party of the first part hereby covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises;and that it will WARRANT AND DEFEND the same unto the party of the second part, their heirs, successors, and assigns, and all and every person or persons whomsoever lawfully claiming through, by or under it, them, or either of them. IN WITNESS WHEREOF, the said party of the first part has caused these present to be signed by its Vice President, and its corporate seal to he affixed hereto, and attested by its Secretary, by and with the oonsgota,A* authority of its Board of Directors, on the date and year first above written. ••.. • ATTEST: -a % Farm Credit Services of The Mountain . ;2 Plains, Federal Land Bank Association, a Corporation, as Attorney in Fact for Farm • • Credit Bank of Wichita, a Corporation .C4Le � By: Assistant Seaaxatr �L ACKNO • EMENT Before me, the undersigned, a Notary Public in and for said County and State, on this add, day of November, 1993, personally appeared David G. Haak to me personally known and known to me to be the identical person who subscribed the name of Farm Credit Services of The Mountain Plains, Federal land Bank Association, a Corporation, as Attorney in Fact for Farm Credit Bank of Wichita, a Corporation, Wichita, Kansas, to the foregoing instrument as its Assistant Vice President, and he being by me duly sworn did say that he is such officer and that the seal affixed to said instrument is the corporate seal of said corporation and that the same was signed and sealed in behalf of said corporation by authority of its board of directors, and he acknowledged to me that he executed the same as his film and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the purposes set forth and specified therein. Witness my,� tttt4tsltl' de.day and year last above written.iresi sr: ./n...64-et-2 Lc2-0-2-1 • otary Public My Commission .' � \4. d ' 1 �l SKLD LG SKL10422 WE 2358121-1993 . 002 403 . 1111111 VIII 11111111111111111III1111111111I 11111101 a,\ • 262640307/16/1996 10:36A Weld County CO 1 of 2 R 11.00 D 65.00 JR Suki Teukamota WARRANTY DEED THIS DEED, Made this 13th day of July ,19 98 . between-Eugene E.. Godinha and.Diana E. Godinho oftbe County of Weld and State of Colorado , grantor,and Highland Acquisition Group, LLC, a Colorado Limited Liability Company th Ati_Itlrb RDbeLS3- 5124. 5. LeJdce-St-. — 4.r9l& coc Pent I whose legal address is 620 Highway 52, Erie, Co 80516 of the County of Weld and State of Colorado ,grantee: WIT ESSETTI,That the grantor,for and in consideration of the sum of SIX HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS,($650,000'.00 ), 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: Lot B of RECORDED EXEMPTION NO. 1467-05-2-RE 1517, recorded October 4, 1993 in Book 1404 at Reception No. 02353060, and the South 1/2 of the Northwest 1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M., Weld County, State of Colorado; EXCEPT a tract of land conveyed to The Department of Highways, State of Colorado, in Warranty Deed recorded April 4, 1963 in Book 1643 at Page 60, being more particularly described as follows: A tract or parcel of land in the North 1/2 of the Northwest 1/4 of Section --Continued-- • alsoknownbystreetandnumberas 1328 Highway 52, Erie, Colorado 80516 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest, claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. 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,be 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 as aforesaid, and that the some are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever,except for taxes for the current year,a ilea but not yet due or payable,easements,restrictions,reservations,covenants and rights obway of record,If any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bergained premises in the quiet and peaceable posses- sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the lurel,the plural the singular,and the use of any gender shall be applicable to all genders. rITNESS 7,R fOF,the//a hes executed this deed on the set� above. Erne EtC. GodinCI'ho Dana E. Godinho STATEt9if, •. -RADO ) )ss. C f DER ) 1 :fi$F acknowledged before ate Ibis 13th day of July .19 98 ,by p�,and Diana E. Godinho a iht a t , • 1, }Qy'Co�mis�n espirgs: Li-DI - ac:{)i Witness my band and official seta • ',•: ARg(AYta:CIW (_ si.,.,,a- 'yl�A.s t). ,. J Ngtvv Public wsaeery DEED tae Paneaarophe Retard)4esasasw t ��/// ,,, Pile.IR2472559a. —1 ,ITR6E tU SKLD LG SKL10422 WE 2626403-1998 . 001 • i-J 1328 Highway 52 CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED July 13, 1998 5, Township 1 North, Range 68 West of the 6th P.M., said tract or parcel being more particularly described as follows: BEGINNING at a point on the West line of Section 5, Township 1 North, Range 68 West of the 6th P.M. from which the Northwest corner of Section 5 bears North 01'21'30" East a distance of 37.2 feet; 1. thence along the West line of Section 5 North 01'21'30' East a distance of 37.2 feet to the Northwest corner of Section 5; 2. thence along the North line of Section 5 South 89'37'30' East a distance of 2663.9 feet to the Northeast corner of the Northwest 1/4 of Section 5; 3. thence along the East line of the Northwest 1/4 of section 5 South 00'03'15' West a distance of 122.0 feet; 4. thence North 87'48' West a distance of 2393.4 feet; 5. thence North 83'58'30" West a distance of 154.1 feet to the South right-of-way line of S.H. No. 52, as located Sept. 1962; 6. thence along the South right-of-way line of S.H. No. 52, as located Sept. 1962, North 89'29' West a distance of 80.0 feet; 7. thence South 45'31' West a distance of 9.9 feet to the East right-of-way line of the County Road, as located Sept. 1962; 8. thence North 89'29' West a distance of 32.6 feet, more or less, to the • POINT OF BEGINNING. County of Weld, State of Colorado �(1 1 1 IIIIII-IIlll llllll Illl 1111111.1111111111 III 1111111111111 2526403 07/16/16 10:365 Weld County CO 2 of 2 R 11.00 D 65.00 JP Sukl Twkonoto • Pik C LR24T25998 SKLD LG SKL10422 WE 2626403-1998 . 002 11931 1/1 • - 55 4 ]^ laV leis % :gibe geg ova ei NS > R P : s Y d9 5 l l I 2£@y 1 a2 oeo 46 6itl 6°p, rH 11 i'Y Eo°p � [ y ! :L: W • :a g in .-. 6£c Si iif i I pi. i ro i ..:...%., 9r £144 --s ZP�� p! i it V p q p N =w$ ri€i pi lit° I ti,E ' I . `�� it I 9 W'.- i ` rcsw re ya £ 6- c H 9 1 h ¢:3• i I s 2`a abet In i:S/1e9 I I EN y5 . 1 , liA h 9 I,2 q �Rq : ¢ � k pp °g £ L y $ "1' s • i N 1,-1- L6 a `ii!, IIi, d! I!' ,4)-- a:eEEtl - �. s t� ,NI_ = . tl iile al I°r 1 ° Iro v t N r rii ° e . '4 f �� I� 6w „ IIrl i iI cis i i i G 5 i'I £ S i� A£ A £ 6 s "i i iP EA P. Ef tltl 4 5p p lc 2 0 Isis Akg i!til . 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F`c G ` - r is€1 OJ 5i ^ ^ gah3 it eir 6"�Siniei�iti PA!;„ Maley,'ilg BiIf9 r RY > 1 _, b .i k ��' m `''' ii ',Mid t i fi!!i rt i li-iili i4 if i i % { L R V� _ B f F� / r.--- i _----___ ' i y-6In6C _- m "Fl l!_;4QP,° i r i g. !y ! f fiat ("-- FA L,,, --..,,,,,.ios /wJ,.i n-Q's :ill! '9r°Yi£ 6 £ £6! -6: siel £iPt p£f ew \wa f OV02l AINn0D 013M _ i:ill! E,,`r 4 q h ` _ Nii !q;t in 3, �nYY �, R- N/W / o Ic!! Ii1II Og'i ° iiPe pyVti axFi iL / m F` \ " j stl` 1 xf II ypiiL ii --_ Rs ,ii i�; r qq• s. §2 °lp/ n1 - _ Y_ -\ r liar €9 ii lit p �fi'r i I 1 - /__ a -.__--- .... l a *hi a§i `i}i° li• £r5HG £r11 F2.72 Ile €s€e IL \a TTl --77W iXla� E°E3 �lF`88ap st igii 7° i Q � ra Ce €pQpf\ - � wo __ -y i,£sG5 irfiri ii ,£ , i1i1 . !6 „ rP .1££° .efi S \` o ^ 11111 I I III VIII 111111 IIII 111111111111 III 111111111111 III 3321106 09/08/2005 03:41P Weld County, CO •1j 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder RELINQUISHMENT AND QUITCLAIM THIS RELINQUISHMENT AND QUITCLAIM, effective this 0197' day of A/evrm 2004, by and between ANADARKO LAND CORP., formerly known as Union Pacific Land Resources Corporation, with an address of Post Office Box 1330, Houston, Texas 77251-1330 (hereinafter "Anadarko Land"), and HIGHLAND ACQUISITION GROUP, L.L.C. with an address of 6297 South Potomac Way, Centennial, Colorado 80111 (hereinafter "GRANTEE"). WITNESSETH: RECITALS 1. The lands which are the subject of this Relinquishment and Quitclaim are the lands that are described on attached Exhibit A and are hereinafter referred to as the "Subject Lands." 2. By deed dated May 9, 1900 recorded on July 17, 1900 in the Office of the Clerk and Recorder of Weld County in Book 178, Page 401, Union Pacific Railroad Company conveyed to William Hurley certain real estate in Weld County, Colorado, a portion of which are the Subject Lands. Said deed was made subject to the reservation by the grantor of, among other things, "(a)11 coal and other minerals within or underlying said lands." • 3. By quitclaim deed dated April 1, 1971 recorded on April 14, 1971 in the Office of the Clerk and Recorder of Weld County in Book 644, Reception number 1565712, Union Pacific Railroad Company quitclaimed to Union Pacific Land Resources Corporation, all of its right, title, and interest in and to certain real estate in Weld County, Colorado, a portion of which was the Subject Lands. 4. This Relinquishment and Quitclaim relates to surface entry only for the minerals exclusive of oil, gas and associated liquid hydrocarbons that Anadarko Land owns in the Subject Lands; the minerals exclusive of oil, gas and associated liquid hydrocarbons are hereinafter referred to as "Minerals." • SKLD LG SKL10422 WE 3321106-2005 . 001 1111111111111111111111111111111111111111111111111111111 3321106 09/08/2005 03:41P Weld County, CO • 2 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder RELINQUISHMENT AND QUITCLAIM NOW THEREFORE, Anadarko Land, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it paid, the receipt of which is hereby acknowledged, has RELINQUISHED and forever QUITCLAIMED, and by these presents does RELINQUISH and forever QUITCLAIM unto GRANTEE, its grantees, successors and assigns, with respect to the Subject Lands only, the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals by virtue of the reservation contained in the deed described in Recital 2, it being the intent hereof to relinquish only the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals, and to leave in full force and effect all other rights reserved to Union Pacific Railroad Company in that deed, it being expressly understood that Anadarko Land's title to the Minerals shall be in no way affected and that Anadarko Land and any lessee, licensee, successor or assign of Anadarko Land shall have the right to remove the Minerals from the Subject Lands by subterranean entries, by means of operations conducted on the surface of other lands or otherwise by any means or methods suitable to Anadarko Land, its lessees, licensees, successors and assigns, but without entering upon or using the surface of the Subject Lands, and in such manner as not to damage the surface of the Subject Lands or to interfere with the use thereof by GRANTEE, its grantees, successors and assigns. This Relinquishment and Quitclaim is made subject to the specific understanding that all • of the terms, conditions, provisions and reservations contained in the deed dated May 9, 1900 referenced in Recital 2 and not heretofore relinquished shall continue in full force and effect with respect to all lands conveyed thereby and not covered by this Relinquishment and Quitclaim, and it is further specifically understood that all the terms, conditions, provisions and reservations contained in that deed and not relinquished hereunder shall continue in full force and effect with respect to the Subject Lands. IN WITNESS WHEREOF, Anadarko Land has executed this Relinquishment and Quitclaim on the date set forth in the acknowledgment, to be effective on the date and year first written above. ANADARKO LAND CORP. By: Name: -44.5 Its: J i cre._ ,Nhec;�u�4 2 • SKLD LG SKL10422 WE 3321106-2005 . 002 •I IIIlII1111111111111111 IIII111111111111III IIIII IIII IIII 3321106 09/08/2005 03:41P Weld County, CO • 3 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledge before me this Jq'& day of no,t..c.,,,t , 2004, by C-(47 £4rrc ds , as vice Ann,n„,/,-- for ANADARKO LAND CORP. My Commission expires: �lc�rc,C_ g) 4 cv5 r .vvvia�ccrtiss.ocF Witness my hand and official seal. ',,; """y,\ AMY H. BUCKMAN S` - °* ,, NOTARY PUBLIC.STATE OF TEXAS/l1 s h. A MY COMMISSION EXPIRES `, % JUNE 28,2005 b � ( - rr�riwiriirri.-rrsri r < ' Notary PulNic • 3 • SKLD LG SKL10422 WE 3321106-2005 . 003 • 1 111111 11111 11111 111111 NI 111111 11111 11111111111111111 3321106 09/08/2005 03:41P Weld County, CO 4 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder • EXHIBIT A to Relinquishment and Quitclaim dated Earenrher 2' ,2004 between Anadarko Land Corp. and Highland Acquisition Group,L.L.C. Legal Description Lot B of Recorded Exemption No. 1467-05-2-RE3105, being part of the North one-half of the Northwest one-quarter of Section 5,Township 1 North, Range 68 West Weld County, Colorado • 4 • SKLD LG SKL10422 WE 3321106-2005 . 004 AN 1 g p�� 2Fy Ps lir o0o I! 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Ia E a� 3 -$ @ si e� II� 6 CI ;6"4 K �e 6 r x`IP d u� ;� se d: I _ i I- III I la� al saet ° 03.;66 6 66 6; s p ��.g^g va a ;[ h. _ d ?g4 r -- _ tI s] q;4v f;4 �� _i� Y.EV Sa 13'"I c 1 'III a 0®0 r—'—a 7J. rn MI 6 da _Vi t. a aW ;66 § a ' CC l Pi ' 9§§ 9 ! a I ill IK I a a r ash s= Ii' s k rl l; I 9a ; & a -- b {If b of 6 _ s: q� 10 7 tY d E I uy I I Is A � - C O 1 I J�Il�uu; I Per P - 1 0 0 v ' ?e� II§§ F 9 : isa§§ s c-/ ;t cp 91 F 8i18 C �N�A' r a" .. _._ :— a al?rl a. a '' — AAAIav 11 I o 3411 IIIII IIIIU 11111IUII III'dill'III III11IUI VII 183 3186183 06/21/2007 01:38P Weld County,CO 1 of 1 R 6.00 D 20.00 Steve Moreno Clerk&Recorder • WARRANTY DEED THIS DIED, Made on this day of June 12, 2007 , between HIGHLAND ACQUISITION GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY of the County of and State of COLORADO , the Grantor(s), and BAIMES HOMES LLC DEFINED BENEFIT n c whose legal address is : (u4/80 d"le 240 e(l 9,t E_ne, Co nc,& /90 (22 of the County of LD and State of C!plcraceo , th rantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $200,000.00 ) sea Two Hundred Thousand and 00/100 saw 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(s), 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: OUTLOT A, HIGHLAND FARMS, COUNTY OP WELD, STATE OF COLORADO. also known as street number VACANT LAND ERIE CO 80516 TOGETHER with alt and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in taw or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), 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 taw, in fee simple, and has good right, full power and lawful authority to grant, bargain, • sell and convey the same in manner and form as 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, Subject to general ter a for the year 2oo> and those specific Exceptions deeorihed by rereranoe to recorded doeornts . reflected in the Tine Documents accepted by Grantee(a) in accordance with section ea (Title Review) of the Contract to Buy end sell Real facet.relating to the ahoy. described property; distribution utility naeamentm (including cable TV), those epeeifloally described rights of third parties not shown by the Dublin r orda of which Oranteael hes actual knowledge and which were accepted by Grantee(.) in accordance with section ab (Matters not shown by the public Recordel and Section 8c (survey Review) of the Contract to Buy and Sell Real Estate relating to the above described reel property; in.lucioe of the Property within any special tax dietriet; and, the benefit and burden& of any declaration and party well agreements, if any and other HOPE The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shalt be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. F1 HIGHLAND VIBITIOP OOP, LLC, A COLORADO LIMITED SteN D-1�i:_?St♦ Fes LIABILI P Date '` ay, $ ../tt D.D✓ ,..........! R T BOLT P, MANAGER STATE OF COLORADO ) )ss. County of 9oULDER ) The foregoing instrument was acknowledged bef:r��({'�, day of done 12, 2007 , by RGassT BDLTRAOP, MANAGER, . O 0 AC DIBI Lju VII.,_,_e.tt't COLORADO LIMITED LIABILITY COMPANY My commission expires et‘93-e'( i witness my hand and official seal. i Nn 1. .1 O' r A 's .U01 AG. : Notary Public -- lAx OF CO‘ • Name and Address of ng Newly treatedy �.+.p=r} ?1' 1Ri ( 38-35-1)6.5, [.R.SJ FL Escrow# M125072827 4heA cAlgbeturn to:BALMES HOMES LLC DEFINED BENEFIT Title# FC25072827 rut_ &'10 Goody Roac? 3 QARRA WHIG b_hie t () YOdi Form 84 08/29/04 WD1 WARRANTY DEED (Photographic) 6008673) SKLD LG SKL10422 WE 3485183-2007 . 001 I 11111 131111E 11111 I 1111 111111 I Ill Ulf lit 03547174 04/14/2008 08:58A Weld Cunty, CO 1 of 2 R 11.00 0 10.00 Steve Moreno Clerk 6 Recorder • QUIT CLAIM DEED THIS DEED,Made this 12th clay of April 2008,between Bslmes Homes LW DEFINED BENEFIT Grantor for the consideration of ***ONE HUNDRED THOUSAND DOLLARS(5100,000,00)AND OTHER VALUABLE CONSIDERATION***in hand paid,hereby sells and quitclaims to Balmes Homes LLC DEFINED BENEFIT Grantee,not in tenancy,but in joint tenancy,whose street address is 6480 CR 5.Town of Erie County of Weld, State of Colorado,the following real property in the County of Weld,and State of Colorado,to wit: OUTLOT A,HIGHLAND FARMS,COUNTY OF WELD,STATE OF COLORADO, also known as street and number VACANT LAND Together with all its appurtenances. The singular number shall include the plural,the plural the singular and the use of any gender shall be applicable to all genders. Signed as of the day and year first above written. G )RtE.1)\.14M ES,OW ER/MANAGG c:t1C F • LISA A.BALMES,OWNER/MANAGER State of Colorado) ss. County of Weld This foregoing instrument was acknowledged before me this day of V /9 '0 Q By GREtiORY E. BALMES AND LISA A.BALMES roessL CIA ao4 RTINEZe�.., AUCIA MARTINET .a ' NOTARY PUBLIC m Notary Public STATE OF COLORADO t Whe*t lbtdat'NC',RI6GORN E. BALMES AND LISA A.BALMES 6480 CR 5, Erie,CO 80516 • SKLD LG SKL10422 WE 3547174-2008 . 001 MB 11111111111 IIII IIIII IIIII 111111111111111 IIII IIII 3547174 04/14/2008 09:58A Weld County, CO 2 of 2 R 11.00 D 10.00 Steve Moreno Clerk & Recorder • THIS QUIT CLAIM DEED WAS DRAWN UP FOR ACCOUNTING PURPOSES. THE PURCHASE OF THIS LOT WAS PART OF A BULK LAND TRANSACTION AND THE PRICE LISTED REFLECTS THE REAL PURCHASE PRICE OF THE LOT. • • SKLD LG SKL10422 WE 3547174-2008 . 002 Hello