HomeMy WebLinkAbout20101858.tiff • •
• CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Heritage Title 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
East 1/2 of the Southeast 1/4 of Section 34, Township 7 North, Range 63 West of the 6'" P.M.,
County of Weld, State of Colorado.
CONVEYANCES (If none appear, so state):
Reception No. 1110658 Book 1307 Page 128
N Reception No. 1657642 Book 736
Reception No. 1730331 Book 808
Reception No. 3676415 Book N/A
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 is hereby limited to the
fees paid for this Certificate.
In Witness Whereof, Heritage Title Company, has caused this Certificate to be signed
by its proper officer this 29th day of March, 2010, at 7:00 am.
Order No. H0272010
Heritage Title Company
1
By: I
Authorized Signatory
•
2010-1858
SOOg130 factl28 Recorded_ _.t_—�t1,3ayi93t __--at 9 a'aorl, .Y '+ - s
Recap ion No lea„f 0658 AIVIV SPOhdSB' Recorder
QUIT CLAIM DEED , .
• ..
Ghia Beth, Made this 29th day of ' June ,
m the year 4 our Lord one thousand nine hundred fifty—one i ,
between 'RUNE SHIRK - , •
of the Comity of Weld ,and the Sate of,Cdoritjo,of the
first part,and EDWIN T. MILLRR •
City and
1
of this/County of Denver ,and the Sate of Colorado,ofthe
second part, WITNESSETH,That the said part y of the first part,for and in consideration of
the slim of Other valuable Guns ideratLon and len- • ..Dollars,
to the*aid party of the first part In hand paid by the said party of the second part, the re-
ceipt whereof is hereby confessed end acknowledged,has remised, released,sold,conveyed and'.'
QUIT CLAIMED,and by these present do Os remise, release,sell,convey and QUIT CLAIM
� unto the said.part y of the second part,his heirs and assigns forever,dl the right,title,Interest,
claim and demand which the said party of the first part has in and to the foggwing described
real estate situate,lyidg and being in the County of WEID:and Sate of Colorado,to-wit: '
Tut' South Half (Si) of Section Thirty-four (34), Townuhip
Sovon (7) North, Range Sixty-throe (63) West of the Sixth
.., Prinoipal Meridian.
Al.au, an undivided ono-half Lntoroat in and to tho oil,
gas and other rnino.rals which may be found in or under,
or that may be produced from the Went Half (Wfr) of Section
Two (2), Trfonahip Six (6) North, Range Sixty-throe (63)
Cost of tho Sixth Prinoipal Meridian, together with tho
right of ingress and ogress for the purpose of exploring,•
mining and drilling for and produoing the name.
S .
To Have and To Hold the same, together with all and singular the appurtenances and priv-
ileges thereunto belonging or in anywise therturdo appertaining, and all the estate, right, title, in-
terest and claim whatsoever, of the said part y of the fast part,either in law or equity,to the only
proper use,benefit and behoof of the said part y of the second part,h to heirs and assigns forever.
IN WITNESS WHEREOF,The said part y'of the first part ha a hereunto set hatband
and seal the day and year first above written.
Signed inthe p(eaence of (Seal)
i' , , + _ _ _ ____ - (Seal)
„t . SPATE ON COLORADO,I,-
i, ,� caDN'1Y of w.a Jd The foregoing instrument was acknowledged before me
f '
i asi, i this SO day of �-•—ai - t A.D 19 51,
i,
c '^ a• a f ,t
i s' i. 1 r 'f r',6 ;tts,t ; b Irene Shirk
5 JI )
' t h'4,tic.e z
r'r '' t er
e�')rir- t•?tid-)4: Wittels my Hand and Official Seal
( ' rt :r
' / t . . • i` J 21„,•:,.8•10.14,.81'. My Commission Expires Lride.o.•1214-1/9..3
Y IS,' Lie3 ts£�` ',- ,i•r-a 1
k 74 ,F 1 'r N Padfx it f tr..z.-,4,-;'?,,q, If t. ��
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i tT nY t f t. I{ 1Y m /
( ' k� :h` 1 M1 A'?tot '1.'3 K. GY(;'.* �, l': I.r1.«i A
8OCd •
736 3 rte
d do k . —_..Maric.1975 41
Recorded of -
165764.x_ S. Lee Shehee, Jr.,. Reorder
PERSONAL CO-REPRESENTATIVES' DEED
THIS DEED is made by AUGUST L. ROTH and THE CENTRAL 3
BANK AND TRUST COMPANY, Denver, Colorado, as Personal Co-
o., Representatives of the Estate of Edwin J. Miller, Deceased, °
Grantor, to BRYAN, CARLSON, HATS, PITCHER AND SWAN INVESTMENT,
t" a Partnership, Grantee, whose address is 2220 Suncreat Dr.;
ti
Loveland. Colorado 80537 • °
WHEREAS, the above-named decedent in his lifetime
made and executed his Last Will and Testament dated August
.O 19, 1974, which Will was duly admitted to probate on September r
9, 1974, by the Probate Court in and for the City and County -r
0 of Denver, and State of Colorado, Probate No. P-69327-C; and O
0
WHEREAS, Grantors were duly appointed Personal Co-
Representatives of said Estate on October 3, 1974, and are
_. c_. --^ .Lf.ZneqaufllICd at,U aoLing in salt capaeLLy, •',
t on
NOW, THEREFORE, pursuant to the power conferred
upon Grantors oy article 5, Section 711 oi Lilt UOioLaui,
Probate Code, and for the consideration of 547,700.00,
Grantors sell and convey to Grantee the following described
parcel of real property in Weld County, Colorado subject to
the reservations and exceptions hereinafter stated.
The South One-Half (S 1/2) of Section 34, Township 7
North, Range 63 West of the 6th P.M. , County of Weld,
State of Colorado. Excepting therefrom that portion
conveyed to Union Pacific Railroad Company by Deed
recorded March 19, 1909 in Book 300 at Page 78, Weld
County Records; ALSO excepting therefrom, that portion
conveyed to Martin Tittes Recorded April 16, 1920 in
Book 602 at Page 64, Weld County Records;
• reserving unto grantors, their successors and
assigns and excluding and excepting from this
transfer all oil, gas, minerals and mineral rights
that may be found in, upon or underlying or may be
produced from the above described parcel which
were owned by the said Edwin J. Miller during his
lifetime; it being intended hereby that there
shall not be conveyed to the grantee named above
any of such oil, gas, minerals and mineral rights
that may be found in, upon or underlying, or may
be produced from said parcel which were owned by
the said Edwin J. Miller during his lifetime.
Grantors also reserve a perpetual easement in
;gross for ingress and egress over and across the
above parcel for the purpose of prospecting for,
mining and removing all reserved oil, gas, hydro-
carbon, coal and mineral interests.
Excepting the general taxes for 1975 payable January 1,
1976.
and further excluding and excepting from this sale and
conveyance the following:
(a) 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 Com-
missioners for Weld County, recorded October 14,
1889 in Book 86 at Page 273, Weld County Records.
State Documentary Fee
care APR .8_197,
. -..-.
ii soot •
736 26576¢2 •
-O_y
• (b) Oil and gas lease dated June 2, 1968, executed by
Edwin J. Miller, as lessor, and Ray T. Rader, as
lessee, recorded January 30, 1969, in Book 605,
under Reception No. 1526719, for a primary term of
10 years, and upon any additional terms, covenants
or conditions contained therein.
with all appurtenances, subject to restrictions of record.
Grantors further represent and declare -- and the
Grantee in accepting this Deed joins in and adopts said
representation and declaration -- that the Grantee is not a
spouse, agent, or attorney, or corporation or trust in which
either Grantor has a beneficial interest; and that this Deed
is not part of a transaction which is affected by a conflict
of interest on the part of the Personal Co-Representatives.
WHEREVER used herein the sinani s'- shall in,a..ap
the pluraj.
.7v............. . 7__ 1 '119,7.
"0nF //id ` Si)
'Sc gEIi YE j:-.'( AUGUS/L R0TH,
1 .1(/.tH-0' r,t '• Pers al Co Representative of the
‘44,11.m1 p�\ '. Estate of Edwin J. Miller, Deceased
ORAL.
-''v,� THE CENTRAL BANK AND TRUST COMPANY
//
By. �` �`� ��
• Persona Co r s tative of the
Estate of E win J. tiller, Decease
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER
The foregoing instrument was acknowledged before
me this 31st day of March 1975, by AUGUST L. ROTH,
• 'ii as Persona7FCo-Representative of the Estate of Edwin J.
F .•'•.'.1MY11er Deceased.
C,� QRY WITNESS my hand and official seal.
1-°•, p fy Commission Expires: September 11, 1975
tir�r.........
Notary Pu is J
STATE OF COLORADO )
CITY AND ) ss.
'COUNTY OF DENVER
The foregoing instrument was acknowledged e ore
me this ,s3/ day of 1975, by
Person _rust Officer o The Centro an
•and Trust Company, as a Personal Co-Representative of the
rah ,,(,.Estate of Edwin J. Miller, Deceased.
•
a`!
fiYI JI OIa R} , � WITNESS my hand and official seal.
s`{r4 ",'' 'M43.� Commission Expires: MYCommissionoxutmsbdv as 1574
�.� $tk�.RL . P
CL2.,v et-t/
Notary Public
• o f
_, - �lt�t pp Recorded at u o'clock 31., 3Z� 4 iii 6_..._
h c SOS Reception No... 1930331 - MAR%ANN F'UERSTEIR°
P.ecoxder. _
• Tars DEED manic this 13tr day of Septembeto 77
between BRYAN, CARLSON,NA=S,FITCn R AND SWAN
t I:`VESTG NT, a Partnership Stole Documentary Fee `-,
SEP 141977
Dote—_._._
of the II $ _w" f ®i
- County of 710 id and State of Colorado, of the first part, and e
O
RODNEY Ds WILSON
ldn of the County of Weld and State o£ I
Route 1, Box 99 Eaton, Co. 80615
0
Colorado,of the second part:
0 N.
WITNESSETH,That the said part of the first part,for and in consideration of the sum of C sl.
`n flit DOLIARS AWE OTHER VALIJAC.._ LiatcaID—TATTLITS DOLLARS
'n to the said parties of the first part in hand paid by said part-,r of the second part,the receipt whereof is 'v
`a hereby confessed and acknowledged, have granted, bargained,sold and conveyed,and by these presents do :n
grant, bargain, sell, convey and confirm, unto the said party of the second parr,the 4wrs and assigns fur ',
_
ever,all the following described let or parcel of land,situate,lying and being in the o
County of Weld and State of Colorado, to wit:
— The S of Section 34, Township 7 North, Range 63 ?iest the
6th Pe. WWELD COUNTY, C JR AD0, AC - 'I. there- _
portion conveyed Union L acif9c Rai-Bread Company by Deed =
Th, recorded blare^ 9, 1959, B000: 300 Pare 7o, need y Records. Po
-
ALSO EX„ .ne_efrarthat pirtion. ontweyNa 'J cos
recorded April 16, 1920, in Bock 602 , `ield County
Records.
- also known as street and number
TOGETHER with all and singular the 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 said parties of the first part,either in law
or equity, of,in and to the above bargained premises, with the heredilaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and deneribed with the appurtenances, unto the
said party of the second pare, his belts and assigns forever. And the said parties of the first part,
them eel yes heirs, executors, and administrators,do covenant,grant,bargain.and agree to and
with the said party of the and part, hie heirs and assign.,that at the time of the ensealin and delivery
f these presents, wellseized of the premises above conveyed,as of good, sure, perfect,absolute and
indefeasible estate of inheritance,in law,in fee simple,and have 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 re free and cleat
from all former and other grants,bargains, sales,liens,taxes, assessments and encumbrances of whatever kind or
naturesoever. except the 1977 taxes, and subject to re
servations, ease--* - E
ments, restrictions, and agreenents of record, and except'
I Covenents of Record and existing.
Subject to the lien of a mortgage to the Federal Land Bank of Wichita in the
sum of $45,500.00, executed or to be executed by the grantees named herein.
and the above bargained premises in the quiet and peaceable possession of the said party of the second part,
his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof,the said part of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,the said part i es of the first part ha ye hereuntc setrhd;lr•band
and seal the day and year first above written. ,0/r:-- Lc� 'v—-----
� ./z,�✓e^✓- 77_ '
9EAL1
it _ r l7
m77fr' b�Xtc1 (SEAL)
.STATE OF COLORADO,
�t`1 f.U''ia^' countyot Weld law.
r \The£oregoing-inscfume'at was acknowledged before me this 13 to cay of Serf—e;p_2r
' F.g':77n*bY,1n1Wflii BAR".SON, RATS, PITCHER A D SWAN INVDSTI11,., a Bartnerihip
gft<orzimis 'pn 445 re MO \ ,g9 .Witness my hand and official seal.
• :�w,.
4.• O
No.932. WAnstAxtT fR®.—P.,tmrge.eWe Reu,t—endferd Pvbliblac Co.,5821-M swat aaeeo,Damn agonies 5
4i5 I 111111 IIIII!III IIIII1111 Ent III 11111111181
•
3676415 02/17/2010 12:46P Weld County, CO
1 of 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder
•
QUITCLAIM
DEED
THIS DEED,made this ) ,T day ofgE[y-t d/Ll between
Rodney Wilson
of the County of Wcld and State of Colorado,Grantor,and
Rodney Wilson
whose legal address is 37900 CR 61, Eaton, CO. 80615
of the County of Weld and State of Colorado,grantee:
WITNESS, that the grantor, for anti in consideration of the sun of($10.00)Ten
Dollars & 00/I On, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT
CLAIMED, and by these presents do remise, release,sell,convey and Quit Claim, unto the grantee, Isis heirs, 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:
i E2 of SE4 Section 34,Township 7 North,Range 63 West,County of Weld,State of Colorado
TO HAVE AND TO 1101,1)the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise
thereunto appertaining,and alt the estate, right,title,interest and claim whatsoever,of the grantor, either in law or equity,to the wily
proper use,benefit and bebop('of the grantee,his heirs and assigns forever. The singular number shall include the plural,the plural and the I
singula,and the use of any gender shall he applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
goR.dtte} Wil: n
• State of Colorado )
)55.
County of Weld )
T regoing instmmet t Ins o -nowledged before me this I Z/h day of 1741-11.1 al,O/Q by
RoAtey Wilsoh
Witness my hand and official seal.
2/pNNIFa
. f grit-A-4140,1,4-e-4,
, .-
o -,III T -9 Notate,enbuc: V n _.c 'I al-ft f p p. er—'
,91� My commission expires, ' Rd,.g /.3
2
C
/ORA DO
I
•
•
g�
Order Number.924579
No 933 Quitclaim Deed !'age I of I
•C reps Wiedernan Auctioneers •
& Real Estate, Inc.
2221 2nd Avenue
Greeley, CO 80631
•
Phone: 970-356-3943, Fax: 970-356-8344
The printed portions of this form, except differentiated ,rdditxms. have been approved by the Colorado Real Estate Commission
(CBSI-5-09) (Mandatory 7-09)
2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND III I, NA RTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL
3 BEFORE SIGNING.
4
5 CONTRACT TO B1 A N U SELL REAL ESTATE
6
7 Date: February 09, 2010
8
9 1. AGREEMENT. Buyer agrees to buy,and Seller agj e-. he Property defined below on the terns and conditions set forth
10 in this contract(Contract).
I I 2. DEFINED TERMS.
12 2.1. Buyer. Buyer,
13 Marcum Midstream
14 ,will take title to the real property described below as L1 Joint 'tenants ❑Tenants In Common ®Other
15 n/a •
16 2.2. Property. The Property is the following legally desci ibex)real estate in the County of Weld
17 Colorado:
18 E1/2 of SE1/4, Section 34, Township 7 Norih. orange 63 West of the 6th P.M. Exact legal to be
determined by survey, subject to Seller obtaining a recorded exemption Said parcel to
consist of 11 acres, more or less. oe'ti;' `` S
19 known as No.
II vacant land Cornish co
Street Address City State Zip
22 together with the interests,easements,rights, benefits, improvements and attached fixtures appurtenant thereto,and all interest of
23 Seller in vacated streets and alleys adjacent thereto, except as herein excluded.
24 2.3. Dates and Deadlines.
25
Item No. Reference Event Date or Deadline
1 § 42.1 Alternative Earnest Money Deadline n/a
2 § 5.1 Loan Application Deadline n/a
3 § 5.2 Loan Conditions Deadline n/a
4 § 53 Buyer's Credit Information Deadline n/a
5 § 53 Disapproval of Buyer's Credit Information Deadline n/a
6 § 5.4 Existing Loan Documents Deadline n/a
7 § 5.4 Existing Loan Documents Objection Deadline n/a
8 §5.4 Loan Transfer Approval Deadline n/a
9 § 622 Appraisal Deadline n/a
10 §622 Appraisal Objection Deadline n/a
11 § 7.1 Title Deadline March 01, 2010
12 §7.2 Document Request Deadline March 08, 2010
13 § 73 Survey Deadline See Additional Prove.
• 14 § 7.4.4.1 CIC Documents Deadline n/a
15 § 7.4.5 CIC Documents Objection Deadline n/a
16 § 8.1 Title Objection Deadline March 15, 2010
PREPARED BY:Terry L.YAedeman,Broker Associate
CBS15-09,CONTRACT TO BUY AND SELL REAL ESTATE.Colorado Real Estate C unm,isvan
ReaSFAST O20, .Version 6.16.Software Registered to: Robert D. Krebs Kreps Wiedeman Auctioneers&Real Estate,Inc.avyer(s) „ nz >4na n clr, rs Sefiads�j a�,�f
.Lf,ktJ
. _ • •
17 § 82 Off-Record Matters lAxailin. March 01, 2010
18 § 8.2 Off-Record Mattels Objection Deadline March 15, 2010
• 19 § 832 Survey Objection Deadline n/a
20 § 8.6 Right of First Refusal Deadline. n/a
21 § 10.1 Seller's Property Disclosure Deadline n/a
22 § 10.2 Inspection Objection Deadline MEC + 120 days
23 § 103 Inspection Resolution Deadline NEC + 130 days
24 § 10.5 Property Insurance Objection Deadline NEC + 90 days
25 § 12 Closing Date See Additional Prov.
26 § 17 Possession Date Delivery of deed
27 § 17 Possession Time Delivery of deed
28 § 32 Acceptance Deadline Date February 12, 2010
29 § 32 Acceptance Deadlise Time 5:00 p.m.
n/a n/a n/a n/a
n/a n/a n/a n/a
76
27 2.4. Applicability of Terms. A check or similar mark Hi a box means that such provision is applicable. The abbreviation "N/A"
28 or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (§ 2.3), means that the
29 corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution of
30 this Contract)means the date upon which both parties have signed this contract.
31 25. Day;Computation of Period of Days,Deadline.
32 25.1. Day. As used in this Contract,the term "day" sha II mean the entire day ending at 11:59 p.m.,United States Mountain
33 Time(Standard or Daylight Savings as applicable). .
IIII 251. Computation of Period of Days,Deadline. In computing a period of days, when the ending date is not specified,
the first day is excluded and the last day is included,e.g_.three days after MEC.If any deadline falls on a Saturday,Sunday
36 or federal or Colorado state holiday(Holiday),such deadline 0 Shall 0 Shall Not be extended to the next day that is not
37 a Saturday,Sunday or Holiday. Should neither Ixrx he checked,the deadline shall not be extended.
38 3. INCLUSIONS AND EXCLUSIONS.
39 3.1. Inclusions. The Purchase Price includes the following items(Inclusions):
40 3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating, and air
41 conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks,
42 plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in
43 vacuum systems(including accessories),garage door openers including n/a remote controls; and 0
44 n/a
45 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the date of this
46 Contract: storm windows,storm doors,window and porch shades,awnings,blinds,screens,window coverings,curtain rods,
47 drapery rods, fireplace inserts fireplace screens. fire lace grates, heating stoves, storage sheds, and all keys. If checked,
48 the following are included: U Water Softeners U Smoke/Fire Detectors 0 Security Systems 0 Satellite Systems
49 (including satellite dishes).
50 3.1.3. Other Inclusions.
51 n/a
52 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal
53 property taxes for the year of Closing),liens and encumbrances,except
54 n/a
55 Conveyance shall be by bill of sale or other applicable legal instrument.
56 3.1.4. Trade Fixtures. With respect to trade fixtures. Seller and Buyer agree as follows:
57 n/a
58 The Trade Fixtures to be conveyed at Closing shall he conveyed by Seller free and clear of all taxes (except personal
59 property taxes for the year of Closing),liens and encumbrances,except
60 n/a
lip Conveyance shall be by bill of sale or other mar 1plicable legal iustnlment
3.15. Parking and Storage Facilities. LJ Use Only ❑ Ownership of the following parking facilities:
n/a •
64 and 0 Use Only 0 Ownership of the following storage facilities:
65 n/a
PREPARED BY:Tony L.Medeman,Broker Associate
CBS1-5�O�9/,CONTRACT� T0 BUY AND SELL REAL ESTATE.Colorado Reel Estate t;oinrresvon
ReaSFA FPS, 02010,Version 6A6.Software Registered to:Robed D. Kreps, Kreps Wiedeman Auctioneers&Real Estate, Inc.
f ' , , 02/09/10 15 11.22 PageA M T.
•
66 3.1.6. Water Rights,Water Interests,Water and Sewer Paps. The following legally described water rights:
67 None
• Any water rights shall be conveyed by 0!I'LL Deed 0 Other applicable legal instrument
3.1.6.1. If any water well is to be transferred to Buyer, Seller agrees to supply required information about such well to
70 Buyer. Buyer understands that if the well to he transferred is a Small Capacity Well or a Domestic Exempt Water Well
71 used for ordinary household purposes,Buyer shall, prior to or at Closing,complete a Change in Ownership form for the
72 well. If an existing well has not been registered with the Colorado Division of Water Resouces in the Department of
73 Natural Resources(Division), Buyer shall complete a registration of existing well form for the well and pay the cost of
74 registration.If no person will be providing a closing service in connection with the transaction,Buyer shall file the form
75 with the Division within sixty days after Closing the Well Permit# is n/a
76 3.1.6.2. 0 Water Stock Certificates:
77 n/a
78 3.1.63. 0 Water Tap 0 Sewer Tap
79 Note: Buyer is advised to obtain, from the provider, written confirmation of the amount remaining to be paid, if any, time
80 and other restrictions for transfer and use of the tap.
81 3.1.7. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows:
82 None
83 3.2. Exclusions. The following items are excluded
84 n/a
85 4. PURCHASE PRICE AND TERMS.
86 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S.Dollars by Buyer as follows:
87
Item No. Reference Item Amount Amount
1 § 4.1 Purchase Price $ 100,000.00
2 § 4.2 EamestMoney $ 5,000.00
3 § 4.5 New Loan n/a
• ____
4 § 4.6 Assumption Balance n/a
5 § 4.7 Seller or Private Financing n/a
6 n/a n/a n/a n/a
7 n/a n/a n/a n/a
8 §43 Cash at Closing 95,000.00
9 TOTAL $ 100,000.00 $ 100,000.00
88
89 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of check
90 is part payment of the Purchase Price and shall be payable to and held by Kraus Wiedeman
91 (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered
92 with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline (§ 23) for its payment. If
93 Earnest Money Holder is other than the Brokerage Firm identified in § 34 or § 35 below, Closing Instructions signed by Buyer,
94 Seller and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder.The parties
95 authorize delivery of the Earnest Money deposit to the company conducting the Closing(Closing Company), if any, at or before
96 Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund
97 established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that
98 any interest accruing on the Earnest Money deposited a,ith the Earnest Money Holder in this transaction shall be transferred to
99 such fund.
100 4.2.1. Alternative Earnest Money Deadline. the deadline for delivering the Earnest Money, if other than at the time of
101 tender of the Contract is as set forth as the Alternative Earnest Money Deadline (§ 2.3).
102 43. Forms of Funds;Time of Payment; Funds Available. All amounts payable by the parties at Closing, including any loan
103 proceeds,Cash at Closing and closing costs,shall be in hinds that comply with all applicable Colorado laws, including electronic
104 transfer funds,certified check,savings and loan teller's check and cashier's check(Good Funds). All funds required to be paid at
105 Closing shall be timely paid to allow disbursement by Closing Company at ClosinLOR SUCH PARTY SHALL BE
• IN DEFAULT. Buyer represents that Buyer,as of the date of ibis Contract, ® Does U Does Not have funds that are
immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in §4.1.
108 4.4. Seller Concession. Seller,at Closing,shall pay or credit. as directed by Buyer,a total amount of$ n/a
109 to assist with Buyer's closing costs, loan discount points, loan origination fees, prepaid items (including any amounts that Seller
PREPARED BY:Tarty L.Salaam an,Broker Associate
06S15CS.CONTRACT TO BUY AND SELL REAL ESTATE.Colorado Real Estate Commission
ReaSFASTO Software,02010,Version 6.16.Software Registered to:Robed D. Kreps, Kreps Wiedemen Auctioreers&Real Estate, Inc.at varrer t1t 09/O3/10 14 55 33 Pegg 3 oil
1 IQ agrees to pay because Buyer is not allowed to pay due to fIIA. CHFA, VA, etc.), and any other fee, cost, charge, expense or
III expenditure related to Buyer's New Loan or other allowable Seller concession (collectively, Seller Concession). The Seller
112 Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. If the amount of Seller
0 Concession exceeds the aggregate of what is allowed, Seller shall not pay or be charged such excess amount.
45. New Loan. [OMIT LED AS INAPPLICABLE]
115 4.6. Assumption. [OMIIIEDAS INAPPLICABLE]
116 4.7. Seller or Private Financing. [OMITTED AS IN A FPI,lr ,ABLE]
117 5. FINANCING CONDITIONS AND OBLIGATIONS.
118 5.1. Loan Application. [OMITTED AS INAPPLICAIit 1 I
119 5.2. Loan Conditions. [OMITTED AS INAPPLICA III.f 1
120 53. Credit Information and Buyer's New Senior Loan. 1VMIT TED AS INAPPLICABLE]
121 5.4. Existing Loan Review. [OMITTED AS INAPPI It'ABLE I
122 6. APPRAISAL PROVISIONS.
123 6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements)to be made to the Property(e.g.,roof
124 repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may terminate this Contract
125 (notwithstanding § 10 of this Contract) by written notice to Buyer on or before three days following Seller's receipt of the
126 Requirements. Seller's right to terminate in this § 6 I shall not apply if on or before any termination by Seller pursuant to this
127 § 6.1: (I)the parties enter into a written agreement regarding the Requirements; or(2) the Requirements are completed by Seller;
128 or(3)the satisfaction of the Requirements is waived in writing by Buyer.
129 6.2. Appraisal Condition.
130 0 61.1. Not Applicable. This§6.2 shall not apply.
131 O 6.2.2. Conventional/Other. Buyer shall have the sole option and election to termimte this Contract if the Purchase Price
132 exceeds the Property's valuation determined by an appraiser engaged by n/a . The appraisal
133 shall be received by Buyer or Buyer's lender on or before Appraisal Deadline ( 2.3).This Contract shalt terminate by Buyer
134 delivering to Seller written notice of termination and either a copy of such appraisal or written notice from lender that
135 confirms the Property's valuation is less than the Purchase Price, received by Seller on or before Appraisal Objection
136 Deadline (§ 2.3). If Seller does not receive such written notice of termination on or before Appraisal Objection Deadline
137 (§ 2.3),Buyer waives any right to terminate under this section.
138 O 6.23. FHA. It is expressly agreed that notwithstanding any other provisions of this Contract, the Purchaser(Buyer) shall
;39 not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest
i 40 Money deposits or otherwise unless the Purchaser(Buyer)has been given in accordance with HUD/FHA or VA requirements
0 a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement
lender,setting forth the appraised value of the Property of not less than$ n/a .The Purchaser(Buyer)shall
143 have the privilege and option of proceeding with consummation of the Contract without regard to the amount of the appraised
144 valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban
145 Development will insure. HUD does not warrant the value nor the condition of the Property. The Purchaser(Buyer) should
146 satisfy himself/herself that the price and condition of the Property are acceptable.
147 O 61.4. VA. It is expressly agreed that,notwithstanding any other provisions of this Contract,the Purchaser(Buyer)shall not
148 incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property
149 described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the
150 Department of Veterans Affairs. The Purchaser (Buyer)shall.however,have the privilege and option of proceeding with the
151 consummation of this Contract without regard to the amount of the reasonable value established by the Department of
152 Veterans Affairs.
153 6.3. Cost of Appraisal. Cost of any appraisal to he obtained alter the date of this Contract shall be timely paid by
154 ® Buyer ❑ Seller.
155 7. EVIDENCE OF TITLE,SURVEY AND CIC DOC'U MENI'S.
156 7.1. Evidence of Title. On or before Title Deadline (§ 1 3), Seller shall cause to be furnished to Buyer,at Sellers expense,a
157 current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Purchase Price, or if this
158 box is checked, ❑An Abstract of title certified to a curent date. If title insurance is furnished, Seller shall also deliver to
159 Buyer copies of any abstracts of title covering all or auy portion of the Property (Abstract) in Seller's possession. At Seller's
160 expense, Seller shall cause the title insurance polio to he issued and delivered to Buyer as soon as practicable at or after
161 Closing.The title insurance commitment O ShallN Shall Not commit to delete or insure over the standard exceptions
162 which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanic's liens,
163 (5) gap period (effective date of commitment to date deed is recorded), and (6)unpaid taxes, assessments and unredeemed tax
164 sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by 0 Buyer
165 O Seller.
166 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have
167 the right to review the Title Commitment. If the lit h_• commitment or its provisions are not satisfactory to Buyer, Buyer may
exercise Buyer's rights pursuant to § 8.1.
7.2. Copies ofExceptions. On or before Title Deadline t§ 3.3), Seller, at Sellers expense, shall furnish to Buyer and
168
n/a ,(1)copies of any
171 plats,declarations,covenants,conditions and restrictions burdening the Property,and (2) if a Title Commitment is required to be
172 furnished,and if this box is checked ®Copies of any Other Documents (or, if illegible, summaries of such documents) listed
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CBS15O9,CONTRACT TO BUY AND SELL REAL ESTATE.Colorado Real Estate Commission
ReaFA$T®�Sotware,O2010,Version 6.16.Software Registered to:Robed D. Kieps, Kmps Modem air Auctioneers&Real Estate,Inc. �{
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173 in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these
174 documents pursuant to this section if requested by Buyer any time on or before Document Request Deadline (§ 2.3). This
175 requitement shall pertain only to documents as shown of record in the office of the clerk and recorder in the county where the
is Property is located. The abstract or Title Commitment, together with any copies or summaries of such documents furnished
pursuant to this section,constitute the title documents (Title Documents).
178 7.3. Survey. On or before Survey Deadline (§2.3), ® Seller D Buyer shall order or provide,and cause Buyer(and the issuer
179 of the Title Commitment or the provider of the opinion of title if an abstract)to receive,a current 0 Improvement Survey Plat
180 ❑Improvement Location Certificate ®Recorded Exemption plat
181 (the description checked is known as Survey). An amount not to exceed$ to be determined for Survey shall be paid by
182 U Buyer ®Seller. If the cost exceeds this amount, ❑ Buyer 0 Seller shall pay the excess on or before Closing. Buyer
183 shall not be obligated to pay the excess unless Buyer is informed of the cost and delivers to Seller, before Survey is ordered,
184 Buyer's written agreement to pay the required amount to be paid by Buyer.
185 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations (Association)
186 declarations, bylaws, operating agreements, rules and regulations, party wall agreements, minutes of most recent annual owners'
187 meeting and minutes of any directors' or managers` meetings during the six-month period immediately preceding the date of this
188 Contract, if any (Governing Documents), most recent financial documents consisting of(1) annual balance sheet, (2) annual
189 income and expenditures statement,and (3)annual budget(Financial Documents), if any(collectively CIC Documents).
190 ® 74.1. Not Applicable. This § 7.4 shall not apply
191 7.4.2. Common Interest Community Disclosure. I'HE PROPERTY IS LOCATED WITHIN A COMMON INTEREST
192 COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE
193 PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY
194 AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE
195 DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS
196 UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE
197 ASSOCIATION.IF THE OWNER DOES NOT PAY THESE ASSESSMENTS,THE ASSOCIATION COULD PLACE A
198 LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND
199 RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES
200 TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE
201 OF THE ASSOCIATION)AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN
202 THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF
203 MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR
THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.
411 0 7.43. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents.Buyer has
206 reviewed them, agrees to accept the benefits, obligations and restrictions that they impose upon the Property and its owners
207 and waives any right to terminate this Contract due to such documents,notwithstanding the provisions of§ 8.5.
208 7.4.4. CIC Documents to Buyer.
209 0 74.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, at
210 Seller's expense,on or before CIC Documents Deadline (§ 2.3).
211 0 7.4.4.2: Seller Authorizes Association. Seller authorizes the Association to provide the CIC Documents to Buyer,
212 at Seller's expense.
213 7.4.43. Seller's Obigation. Seller's obligation to provide the CIC Documents shall be fulfilled upon Buyer's receipt
214 of the CIC Documents,regardless of who provides such documents.
215 7.45. Conditional on Buyer's Review. If the box in either § 7.4.4.1 or § 7.4.4.2 is checked, the provisions of this§ 7.4.5
216 shall apply. Written notice of any unsatisfactory provision in any of the CIC Documents, in Buyer's subjective discretion,
217 signed by Buyer,or on behalf of Buyer,and delivered to Seller on or before CIC Documents Objection Deadline (§ 2.3),
218 shall terminate this Contract.
219 Should Buyer receive the CIC Documents after CIC Documents Deadline (§ 2.3), Buyer shall have the right, at
220 Buyer's option,to terminate this Contract by written notice delivered to Seller on or before ten days after Buyer's receipt of
221 the CIC Documents. If Buyer does not receive the CIC Documents, or if such written notice to terminate would otherwise
222 be required to be delivered after Closing Date (§ 2.3), Buyer's written notice to terminate shall be received by Seller on or
223 before three days prior to Closing Date (§ 2.3). If Seller does not receive written notice from Buyer within such time,
224 Buyer accepts the provisions of the CIC Documents, and Buyer's right to terminate this Contract pursuant to this section is
225 waived,notwithstanding the provisions of§ 8.5.
226 NOTE: If no box in this §7.4 is checked,the provisions of§ 7.4.4.1 shall apply.
227 8. TITLE AND SURVEY REVIEW.
228 8.1. Title Review. Buyer shall have the right to inspect the Title Documents. Buyer shall provide written notice of
229 umnerehantability of title,unsatisfactory form or content of title Commitment,or,notwithstanding§13,of any other unsatisfactory
230 title condition shown by the Title Documents(Notice of Title Objection). Such notice shall be signed by or on behalf of Buyer
231 and delivered to Seller on or before Title Objection Deadline. (§ 2.3), provided such Title Documents are received by Buyer in
a timely manner. If there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new
Exception to title and the modified Title Commitment shall be delivered to Buyer. Provided however,Buyer shall have five days
234 to deliver the Notice of Title Objection after receipt by Buyer of the following documents: (1) any required Title Document not
235 timely received by Buyer,(2)any change to the Title Documents, or(3)endorsement to the Title Commitment. If Seller does not
PREPARED BY:Teny L.Wiedeman,Broker Assodate
7.:BS1b09,CONTRACT TO BUY AND SELL REAL ESTATE.Colorado Real Estate'+uruniss¢m
ReaIFA$TO Software,O2010,Version 6.16.Software Registered to:Robert D. Kreps, Keeps Wiedeman Auctioneers&Real Estate, Inc. ,,r
a,,,,erre, `��:/"7 02/05/10 14.5.5'33 _ ..P!9er,,o:I
236 receive Buyer's Notice of Title Objection by the applicable deadline specified above, Buyer accepts the condition of title as
237 disclosed by the Title Documents as satisfactory.
238 8.2. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off Record Matters Deadline
(§ 2.3) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all
easements, liens(including, without limitation, governmental improvements approved, but not yet installed)or other title matters
241 (including without limitation, rights of first refusal and options) not shown by the public records of which Seller has actual
242 knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in the Property not
243 shown by the public records (such as an unrecorded easement, unrecorded lease, boundary line discrepancy or water rights).
244 Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection, notwithstanding § 13, shall be
245 signed by or on behalf of Buyer and delivered to Seller on or before Off-Record Matters Objection Deadline (§ 2.3). If Seller
246 does not receive Buyer's notice by said deadline,Buyer accepts title subject to such rights,if any,of third parties of which Buyer
247 has actual knowledge.
248 8.3. Survey Review.
249 0 83.1. Not Applicable. This § 8.3 shall not apply
250 0 83.2. Conditional on Survey. If the box in this § 83 2 is checked, Buyer shall have the right to inspect the Survey. If
251 written notice by or on behalf of Buyer of any unsatisfactory condition shown by the Survey, notwithstanding§ 8.2 or § 13,
252 is received by Seller on or before Survey Objection Deadline (§2.3)then such objection shall be deemed an unsatisfactory
253 title condition.If Seller does not receive Buyer's notice by Survey Objection Deadline (§ 2.3), Buyer accepts the Survey
254 as satisfactory.
255 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
256 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
257 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT
258 RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE
259 CIRCUMSTANCES ARISE RESULTING IN THE IN ABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
260 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE
261 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY
262 TREASURER,BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY,AND BY OBTAINING
263 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND
264 RECORDER,OR THE COUNTY ASSESSOR.
265 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a result,if
266 written notice,by or on behalf of Buyer,is received by Seller on or before Off-Record Matters Objection Deadline(§23),this
Contract shall terminate. If Seller does not receive Buyer's notice by such deadline, Buyer accepts the effect of the Property's
inclusion in such special taxing district and waives the right to terminate for that reason.
269 85. Right to Object,Cure. Buyer's right to object shall include, but not be limited to,those matters set forth in §§ 8 and 13. If
270 Seller receives notice of unmerchantabdity of title or any other unsatisfactory title condition or cammitment terms as provided
271 in §§ 8.1, 82 and 83, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the same
272 prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing, this Contract
273 shall terminate;provided,however,Buyer may,by written notice received by Seller on or before Closing,waive objection to such
274 items.
275 8.6. Right of First Refusal or Contract Approval. 11 there rs a right of first refusal on the Property, or a right to approve this
276 Contract, Seller shall promptly submit this Contract ac:ordvrg to the terms and conditions of such right. If the holder of the
277 right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract shall
278 terminate. If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract shall remain in
279 full force and effect. Seller shall promptly notify Buyer of the foregoing. If expiration or waiver of the right of fast refusal or
280 Contract approval has not occurred on or before Right of First Refusal Deadline (§ 23),this Contract shall terminate.
281 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully.
282 Additionally,other matters not reflected in the Tide Documents may affect the title,ownership and use of the Property,including
283 without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and
284 other unrecorded agreements, and various laws and governmental regulations concerning land use, development and
285 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of
286 the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold
287 interests in oil,gas,other minerals,geothermal energy or water on or under the Property,which interests may give them
288 rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer
289 is advised to timely consult legal counsel with respect to all such matters as there are strict tine limits provided in this Contract
290 [e.g., Title Objection Deadline (§2.3) and Off-Record Matters Objection Deadline (§23)).
291 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings for
292 which a building permit was issued prior to January I, 1978, this Contract shall be void unless (1) a completed Lead-Based Paint
293 Disclosure (Sales) form is signed by Seller, the required real estate licensees and Buyer, and (2) Seller receives the completed and
294 fully executed form prior to the time when the Contract is signed by all parties. Buyer acknowledges timely receipt of a completed
IILead-Based Paint Disclosure(Sales)form signed by Seller and the real estate licensees.
10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND SOURCE
OF WATER.
298 10.1. Seller's Property Disclosure Deadline. On or I'clixe Seller's Property Disclosure Deadine (§ 23), Seller agrees to
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OBS1509,CONTRACT TO BUY AND SELL REAL ESTATE.Colorado Real Estate Commissan
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299 deliver to Buyer the most current version of the applicable ( elorado Real Estate Commission's Seller's Property Disclosure form
300 completed by Seller to the best of Seller's actual knowledge, current as of the date of this Contract.
301 10.2.
10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the Property
and Inclusions, at Buyer's expense. If(1) the physical condition of the Property, (2) the physical condition of the Inclusions, (3)
any proposed or existing transportation project,road,street or highway,or(4)any other activity,odor or noise(whether on or off
304 the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory in Buyer's subjective discretion,
305 Buyer shall,on or before Inspection Objection Deadline (§ 2.3).
306 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated;or
307 10.2.2. Notice to Correct. Deliver to Seller with a written description of any unsatisfactory physical condition which
308 Buyer requires Seller to correct
309 if written notice is not received by Seller on or beturc Inspection Objection Deadline (§ 23),the physical condition of the
310 Property and Inclusions shall be deemed to be satisfactory to Buyer.
311 103. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in
312 writing to a settlement thereof on or before Inspection Resolution Deadline (§ 2.3), this Contract shall terminate one day
313 following Inspection Resolution Deadline (§ 2.3), unless before such termination Seller receives Buyer's written withdrawal
314 of the Notice to Correct
315 10.4. Damage,Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for payment for all
316 inspections, tests, surveys, engineering reports, or any other work performed at Buyer's request (Work) and shall pay for any
317 damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit claims or liens of any kind
318 against the Property for Work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller
319 harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien.
320 This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liability,
321 damage, cost or expense, or to enforce this section, including Seller's reasornble attorney and legal fees. The provisions of this
322 section shall survive the termination of this Contract.
323 103. Insurablity. This Contract is conditioned upon Buyer's satisfaction,in Buyer's subjective discretion,with the availability,
324 terms and conditions of and premium for property insurance This Contract shall terminate upon Seller's receipt, on or before
325 Property Insurance Objection Deadine (§ 2.3), of Buyer's written notice that such insurance was not satisfactory to Buyer.
325 If said notice is not timely received,Buyer shall have waived any right to terminate under this provision.
326 10.6. Buyer Disclosure. Buyer represents that Buyer ❑Dues ®Does Not need to sell and close a property to complete
327 this transaction. Note: Any property sale contingency should appear in Additional Provisions (§26).
328 10.7. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer 0 Does ®Does Not
acknowledge receipt of a copy of Seller's Prime rty Disclosure or Source of Water Addendum disclosing the source of
potable water for the Property. Buyer 0 Does L.1 Does Not acknowledge receipt of a copy of the current well permit. ®There
3 1 is No Well
332 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND
333 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE)
334 TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
335 10.8 Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance,a fireplace,or
336 an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom),the parties acknowledge that
337 Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the
338 entrance to each Bedroom or in a location as required by the applicable building code.
339 11. METHAMPHETAMINE DISCLOSURE(Residential Property Only). If the Property is residential, and Seller knows that
340 methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, Seller is required to
341 disclose such fact.No disclosure is required if the Property was remediated in accordance with state standards and other requirements
342 are fulfilled pursuant to §25-18.5-102, C.R.S. Buyer further acknowledges that Buyer has the right to engage a certified hygienist or
343 industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratoty. If Buyer's test results indicate
344 that the Property has been contaminated with methamphetamine, but has not been remediated to meet the standards established by
345 rules of the State Board of Health promulgated pursuant to § 25-185-102, C.RS., Buyer shall promptly give written notice to Seller
346 of the results of the test,and Buyer may terminate this Contract, nothwithstanding any other provisice of this Contract
347 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified as the
348 Closing Date (§ 2.3)or by mutual agreement at an earlier date the hour and place of Closing shall be as designated by
349 Jcreps-Wiedeman Auctioneers S Real Estate, Inc.____,______
350 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other
351 terms and provisions hereof;Seller shall execute and deliver a good and sufficient general warranty
352 deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except
353 as provided herein, tide shall be conveyed free and clear of all liens, including any governmental liens for special improvements
354 installed as of the date of Buyer's signature hereon,whether assessed or not Title shall be conveyed subject to:
355 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by
356 Buyer in accordance with (Title Review (§ 8.1),
13.2. distribution utility easements (including cable I b i.
133. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge
3 9 and which were accepted by Buyer in accordance with Matters Not Shown by the Pubic Records (§ 8.2) and Survey Review
360 (§ 8.3),
PREPARED BY:Teny L.Madman.Broker Aasodete
2:8S1-5-0e,CONTRACT TO BUY AND SELL REAL ESTATE.Colorado Real Estate Commission
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361 13.4. inclusion of the Property within any special taxing district, and
362 135. other n/a
3 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the
proceeds of this transaction or from any other source.
15. CLOSING COSTS,DOCUMENTS AND SERVIC.Ts
366 15.1. Good Funds. Buyer and Seller shall pay, in Good t rinds, their respective closing costs and all other items required to be
367 paid at Closing except as otherwise provided herein.
368 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional information and documents required by
369 Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign and complete all customary or
370 reasonably required documents at or before Closing.
371 153. Closing Services Fee. The fee for real estate(losing services shall be paid at Closing by 0 Buyer 0 Seller ®One-Half
372 by Buyer and One-Half by Seller 0 Other n/a
373 15.4. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing Instructions.
374 Such Closing Instructions ❑Are ®Are Not executed with this Contract.Upon execution, ®Seller 0 Buyer shall deliver
375 such Closing Instructions to the Closing Company.
376 155. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments (Status
377 Letter)shall be paid by 0 Buyer 0 Seller ❑One-Half by Buyer and One-Half by Seller. Any transfer fees assessed by the
378 Association(Association's Transfer Fee)shall be paid by t_1 Buyer 0 Seller ❑One-Half by Buyer and One-Half by Seller.
379 15.6. Local Transfer Tax. 0 The Local Transfer Tax of pis__ %of the Purchase Price shall be paid at Closing by
380 0 Buyer 0 Seller ❑One-Half by Buyer and One-Half by Seller.
381 15.7. Sales and Use Tax. Any sales and use tax that may accrue beeartse of this transaction shall be paid when due by
382 0 Buyer 0 Seller ❑One-Half by Buyer and One-Half by Seller.
383 16. PROBATIONS. The following shall be prorated to Closing Date (§ 2.3),except as otherwise provided:
384 16.1. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on 0 Taxes for the
385 Calendar Year Immediately Preceding Closing 040 Must Recent Mill Levy and Most Recent Assessed Valuation,adjusted
386 by any applicable qualifying seniors property tax exempt ion, or ❑ Other n/a
387 162. Rents. Rents based on 0 Rents Actually Received ❑ Accrued. At Closing, Seller shall transfer or credit to Buyer the
388 security deposits for all leases assigned, or any remainder after lawful deductions, and notify all tenants in writing of such
389 transfer and of the transferee's name and address. Seller shall assign to Buyer all leases in effect at Closing and Buyer shall
ii3 assume such leases.
163. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance
shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred maintenance
393 by the Association shall not be credited to Seller except as may be otherwise provided by the Governing Documents.Any special
394 assessment by the Association for improvements that have been installed as of the date of Buyer's signature hereon shall be the
395 obligation of Seller. Any other special assessment assessed prior to Closing Date (§ 2.3) by the Association shall be the
396 obligation of 0 Buyer 0 Seller. Seller represents that the Association Assessments are currently payable at$ n/a
397 per n/a and that there are no unpaid regular or special assessments against the Property except the current
398 regular assessments and
399 n/a
400 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the
401 Association to deliver to Buyer before Closing Date (§ 2 3)a current Status Letter.
402 16.4. Other Prorations. Water and sewer charges, interest on any continuing loan,and
403 n/a
404 16.5. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final.
405 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (§ 2.3), subject
406 to the following leases or tenancies:
407 none
408 If Seller,after Closing, fails to deliver possession as specified. Seller shall be subject to eviction and shall be additionally liable
409 to Buyer for payment of$ 50.00 per day(or any part of a day notwithstanding§ 2.5.1) from the Possession Date and
410 Possession Time (§ 2.3)until possession is delivered.
411 Buyer 0 Does ®Does Not represent that Buyer will occupy the Property as Buyer's principal residence.
412 18. ASSIGNABILITY AND INUREMENT. This Contract ❑Shall 0 Shall Not be assignable by Buyer without Seller's prior
413 written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal
414 representatives,successors and assigns of the parties.
415 19. CAUSE OF LOSS, INSURANCE; CONDITION OF. DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-
4 THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the condition
existing as of the date of this Contract,ordinary wear and tear excepted.
19.1. Causes of Loss,insurance. In the event the Property or Inclusions are damaged by fire,other perils or causes of loss prior
419 to Closing in an amount of not more than ten percent of the total Purchase Price,Seller shall be obligated to repair the same before
420 Closing Date (§ 23).In the event such damage is not repaired within said time or if the damages exceed such sum,this Contract
PREPARED BY:Terry L.Wredeman,Broker Associate
CBS1S09,CONTRACT TO BUY AND SELL REAL ESTATE.Colorado Red Estate Co,nn,issios
ReSFAST®Sotware.O2010,Version 6.16.Software Repstered to: Robert D. Kreps, Kreps Wooesnan Auctioneers&Red Estate.Inc.
..,.._,!7=k)-- 02/119/w 14 55.SS _ Page S of t:
•
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422 elect to carry out this Contract despite such damage, Buyer shall be entitled to a credit at Closing for all insurance proceeds that
423 were received by Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus the
424 amount of any deductible provided for in such insurance policy. Such credit not to exceed the Purchase Price. In the event Seller
has not received such insurance proceeds prior to Closing, then Seller shall assign such proceeds at Closing,plus credit Buyer the
amount of any deductible provided for in such insurance policy.hut not to exceed the total Purchase Price.
427 19.2. Damage,Inclusions and Services. Should any inclusion or service (including systems and components of the Property,
428 e.g. heating, plumbing) fail or be damaged between the date of this Contract and Closing or possession, whichever shall be
429 earlier, then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size, age and
430 quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion, service or fixture is
431 not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or
432 replacement. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be purchased and may
433 cover the repair or replacement of some Inclusions. The rsk of loss for damage to growing crops by fire of other casualty shall
434 be bome by the party entitled to the growing crops as provided in § 3.1.7 and such party shall be entitled to such insurance
435 proceeds or benefits for the growing crops.
436 193. Walk-Through and Verification of Condition. Buyer. upon reasonable notice, shall have the right to walk through the
437 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract.
438 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that
439 the respective broker has advised that this document has important legal consequences and has recommended the examination of title
440 and consultation with legal and tax or other counsel before signing this Contract.
441 21. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as Earnest
442 Money hereunder or any other payment due hereunder is not paid, honored or tendered when due,or if any obligation hereunder is not
443 performed or waived as herein provided,there shall be the following remedies:
444 21.1. If Buyer is in Default
445 ® 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money
446 (whether or not paid by Buyer)shall be forfeited by Buyer. paid to Seller and retained by Seller;and Seller may recover such
447 damages as may be proper;or Seller may elect to treat this Contract as being in full force and effect and Seller shall have the
448 right to specific performance or damages,or both.
449 0 21.1.2. Liquidated Damages. All Earnest Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid to
450 Seller, and retained by Seller. Both patties shall thereafter be released from all obligations hereunder. It is agreed that the
451 Earnest Money specified in §4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree is fair
and reasonable and (except as provided in §§ 10 4, 19, 22. 23 and 24), said forfeiture shall be SELLER'S SOLE AND
ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies of
specific performance and additional damages
455 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received
456 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract as
457 being in full force and effect and Buyer shall have the right to specific performance or damages,or both.
458 22. LEGAL FEES,COST AND EXPENSES. In the event of any arbitration or litigation relating to this Contract,prior to or after
459 Closing Date (§ 23),the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney
460 and legal fees.
461 23. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties shall first
462 proceed in good faith to submit the matter to mediation. Mediation is a Irocess in which the parties meet with an impartial person who
463 helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions.The patties to the dispute must
464 agree,in writing,before any settlement is binding.The parties will jointly appoint an acceptable mediator and will share equally in the
465 cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within
466 thirty days of the date written notice requesting mediation is delivered by one party to the other at the party's last known address.This
467 section shall not alter any date in this Contract,unless otherwise agreed.
468 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest Money
469 as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest
470 Money(notwithstanding any termination of this Contract), Earnest Money Holder shall not be required to take any action. Earnest
471 Money Holder,at its option and sole discretion,may(1)await any proceeding,(2)interplead all parties and deposit Earnest Money into
472 a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or(3) provide notice to Buyer
473 and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller),
474 containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the
475 parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does
476 receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Eamest Money Holder shall disburse the
477 Earnest Money pursuant to the Order of the Court.The parties rea tfirrn the obligation of Mediation (§ 23). The provisions of this
478 § 24 apply only if the Earnest Money Holder is one of the Brokerage Firms named in §34 or§ 35.
479 25. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and the
480 parties shall be relieved of all obligations hereunder,subject to §§ 10.4,23 and 24.
• 26. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate
0m1Thisc tract is expressly contingent upon the following conditions:
483 1. Seller obtaining a Recorded Exemption from the Weld County Planning Department at Seller's
PREPARED BY:Terry L.Waldman,Broker Associate
CBS13O9,CONTRACT TO BUY AND SELL REAL ESTATE.Colorado Res Estate Commission
ReaSFA$T®SOtware,CQ010,Version 6.16.Software Registered to: Robert D Kreps, Kreps Wiedeman Auctioneers&Real Estate,Inc.
,. 02ro9n0 15 18 04 _ ..Page/9,41
expense.
2. Buyer's ability at Buyers expense to get f.b nal approval forma Use_by Special Review from Weld
County Planning Department (g1.ti) C,_.a..it7 ' t , i ; P(AS, v/. lb)
B. Seller shall within reason and at no expense or liability to Seller assist Buyer in obtaining the
Special Use permit including providing required documents and signing necesary applications. Seller
will also assist the Buyer at no expense to the Seller in obtaining a full use well permit for the
property.
B. Buyer shall have a 120 day due diligence period after mutual execution of the contract to conduct
a thorough investigation of the property to their satisfaction. If the due diligence inspection
is satisfactory to the Buyer, the $5,000.00 earnest money will become non-refundable after 120 days
but applicable to the purchase price.
C. Closing shall be scheduled within 30 days dl t ter. the Use by Special Review permit is approved by
Weld County.
D. Buyer agrees to work with Se] l ?c on CRP contract .
t84 27. ATTACHMENTS. The following am a part of this(bniract
185 n/a
486 Note: The following disclosure forms are attached but are not a put of this Contract:
487 n/a
488 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith,including but not limited to
489 exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§ 5) and Property
490 Disclosure,Inspection,Indemnity,Insurability,Buyer Disclosure and Source of Water (§ 10).
491 29. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute the
192 entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or
-193 written,have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall be
494 valid,binding upon the parties, or enforceable unless made in writing and signed by the parties. My obligation in this Contract that,
495 by its terms,is intended to be performed after termination or(losing shall survive the same.
496 30. COLORADO FORECLOSURE PROTECTION ACT If the Colorado Foreclosure Protection Act (Act) applies, then a
197 different contract that complies with the provisions of the Act is required, and this Contract shall be void and of no effect. The Act
198 generally requires that(1)the Property is residential,(2)any loan secured by the Property is at least thirty days delinquent or in default,
199 (3)Buyer does not reside in the Property for at least one year and 14) Buyer is subject to the Act. Buyer 0 Will 0 Will Not occupy
`00 the Property as Buyer's personal residence for at least one sear the parties are further advised to consult with their own attorney.
0 31. NOTICE,DELIVERY AND CHOICE OF LAW.
31.1. Physical Delivery. All notices must be in v stink, e=repi as provided in § 31.2. Any document, including a signed
503 document or notice,delivered to Buyer shall be effective when physically received by Buyer,any signator on behalf of Buyer,any
504 named individual of Buyer, any representative of Buyer. or Brokerage Firm of Broker working with Buyer(except for delivery,
505 after Closing, of the notice requesting mediation described in § 23) and except as provided in § 31.2 below. Any document,
506 including a signed document or notice, delivered to Seller sha II he effective when physically received by Seller, any signator on
507 behalf of Seller, any named individual of Seller, an} representative of Seller, or Brokerage Firm of Broker working with Seller
508 (except for delivery,after Closing,of the notice requesting mediation described in §23) and except as provided in § 31.2 below.
509 31.2. Electronic Delivery. As an alternative to physical delivery, any document, including any steed document or written
510 notice may be delivered in electronic form only by die following indicated methods: 0 Facsimile U E-mail 0 Internet
511 ❑ No Electronic Delivery. Documents with original signatures shall be provided upon request of any party.
512 313. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance with
513 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property
514 located in Colorado.
515 32. NOTICE OF ACCEPTANCE,COUNTERPARTS. Otis proposal shall expire unless accepted in writing,by Buyer and Seller,
516 as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 31 on or before
517 Acceptance Deadline Date (§ 23) and Acceptance Deadline Time (§ 2.3). If accepted, this document shall become a contract
318 between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a
19 copy thereof,such copies taken together shall be deemed to he a lull and complete contract between the parties.
520
Marcum Midstream
8207 W. 20th Street, Suite B, Greeley, CO 80634 4
BUYER DATE iV /o
Dale Butcher, President
521 Email Address: n/a
522
"REPARED BY:Teny L.Wedeman,Broker Associate
T.BS1-5-09,CONTRACT TO BUY AND SELL REAL ESTATE.Colorado Real Esta le Commission
2eaSFA$T®Sot.are,®2010,Version 6.16.Software Regstered to:Robert D. Kreps, Kreps Modem an Auctioneers&Real Estate,Inc.
02/0911015'3728 _Page Sur 1
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523 [NOTE:If this offer is being countered or rejected,do not sign this document. Refer to§33]
524 J
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SELLER CJs //c/L : DATE
Rodney Wilson
37900 WCR 61, , ton, CO 80615
525 Email Address: n/a
526
527 33. COUNTER; REJECTION. This offer is 0 Countered Li Rejected.
528 Initials only of party(Buyer or Seller)who countered or rejected offer
529
530 END OF CONTRACT TO BM' AND SELL REAL ESTATE
531
532 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
533 (To be completed by Broker working with Buyer)
534
535 Broker 0 Does 0 Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and,while not a party to the Contract,
536 agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Earnest Money Holder is other
537 than the Brokerage Finn identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must be
538 obtained on or before delivery of Earnest Money to Earnest Money Holder.
539
540 Broker is working with Buyer as a ❑ Buyer's Agent I- I Seller's Agent ®Transaction-Broker in this transaction.
541 0 This is a Change of Status.
542
543 Brokerage Firm's compensation or commission is to be paid In L-I Listing Brokerage Firm ❑ Buyer
544 ®Other $8,000.00 to be Paid equally by Buyer and seller
Brokerage Firm's Name:
Kreps Wiedeman Auctioneers
& Real Estate, Inc.
2221 2nd Avenue
Greeley, CO 80631
Phone: 970-356-3943, Fax• 970-356-8344
By: , ?-Jo
Signature rry L. Wiedeman Date
546 Email Address: krepswiedemanl@aol.com
547
548 35. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
549 (To be completed by Broker working with Seller)
550
551 Broker 0 Does 0 Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and,while not a patty to the Contract,
552 agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Earnest Money Holder is other
553 than the Brokerage Firm identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must be
554 obtained on or before delivery of Earnest Money to Earnest Money Holder.
555
556 Broker is working with Seller as a ❑ Seller's Agent L Buyer's Agent ®Transaction-Broker in this transaction. 0 This is a
557 Change of Status.
558
559 Brokerage Firm's compensation or commission is to be paid I t j Seller ❑ Buyer Z Other n/a
Date: February 09, 2010
562 Brokerage Firm's Name: Kreps-Wiedeman Auctioneers s_Real Estate, Inc.
563 Broker's Name: Terry L. Wiedeman
PREPARED BY:Terry L.Wiedeman,Broker Associate
1BS1Is09,CONTRACT TO BUY AND SELL REAL ESTATE.Cobrado Real Estate t.cmmissron
Rea5FA$r®Software,02010,Version 6.16.Software Registered to:Robert D. Kreps lews WieKie-span Auctioneers&Real Estate,Inc.
3,N�rst av!x,-m 1'. l'] 71 Page 11 of 1
564
565 Broker's Signature
5Address: 2221 2nd Avenue
Greeley, CO 80631
568 Phone No: 970-356-3943
569 FaxNo.: 970-356-8344
570 Email Address: !crops wiedemanl@aol.com _____ _
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•
'REPARED BY:Terry L.Wledeman,Broker Assodate
:8S1bO9.CONTRACT TO BUY AND SELL REAL ESTATE.Colorado Real Estate Go nmissron
?ealFA$TO Software,O2010,Version 6.16.Software Registered to:Robert 0. Kreps. Kreps Wiedem an Auctioneers&Real Estate.Inc.
,._.�._. 02/09/10 15 15'24 Page 12,0F1N
Stewart title Stewart Title
1801 59th Avenue, Suite 203
• Greeley, Colorado 80634
Phone: 970-356-5573
Fax: 970-356-7058
Date: February 16,2010
Order Number: 924579
Buyer: Marcum Midstream I iti I(.,Iding.LLC, a Delaware limited liability company
Seller: Rodney Wilson
Property
Please direct all Closing inquiries to:
Staci Krehbiel
Phone: 970-356-5573
Email Address: staci.krehbiel@stewart.com
Loan Docs Email: edocs@stewart.com
SELLER: l l.1 ER/BORROWER:
Rodney Wilson eum Midstream 1995-2 EC Holding,LLC
37900 CR 61 :07 'd 20th Street,Suite B
Eaton,Colorado 80615 r rLeIev,Colorado 80634
LISTING BROKER: SE t LING BROKER:
Kreps&Wiedeman Wiedeman
2221 2nd Avenue -'_ 12nd Avenue
• Greeley,Colorado 80631 I,_e-Icy, Colorado 80631
Phone: (970)356-3943 Ihone: (970)356-3943
Fax: (970)356-8344 I (970)356-8344
•
ALTA Commitment(6/17/06)
AL I:A l nIdiituumt Form
COMMITMENT FOIL II Ilk I.E INSURANCE
Issued he
stewart
title quit( artty company
Stewart Title Guaranty Company, a Texas I'(ii ptnau ii ("Company"), for a valuable consideration,
commits to issue its policy or policies of title trout amec. as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon pa; menu ci the premiums and charges and compliance with
the Requirements; all subject to the provision, of i Iledules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only whet; utt lULaitity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies coil mined for shall issue,whichever first occurs, provided
that the failure to issue the policy or policies is nt,t the la tilt of the Company.
The Company will provide a sample of the purl is t request.
This commitment shall not be valid or bindirm 'up it uuntersigned by a validating officer or authorized
• signatory.
IN WITNESS WHEREOF, Stewart Title Guat tot; ((In-tinny has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the (late shown in Schedule A.
Countersigned: pp stewart
title (mar enty rr rttpany ✓�(- _1 ,4,(J:
Author Countersignature Senior Chairman of t e Board
Stewart Title "4,'•trE -P
1801 59thAvenue, Suite 203 t r. a Chairman the Board
Greeley, Colorado 80634 9 e of
Phone: 970-356-5573 rxpsi
Fax: 970-356-7058 President
Order Number:924579 ALTA Commitment(6/17/06)
Title Officer:Liz Woods
•
COMMITMENT Ft)R 11TLE INSURANCE
• S( HF+:DI;L1_ A
1. Effective Date: February 4, 2010 at 8:00 a.m. Order Number: 924579
Amount of Insurance:
2. Policy or Policies To Be Issued:
(a) A.L.T.A. Owner's (Standard) $100,000.00
Proposed Insured:
Marcum Midstream 1995-2 EC Holding, LL('. a Delaware limited liability company
(b) A.L.T.A. Loan
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
Title to the fee simple estate or interest in said land is at the effective date hereof vested in:
Rodney Wilson
5. The land referred to in this Commitment is described a> „Ilows:
A part of:
The E1/2 of the SE1/4 of Section 34, Township 7 Nnrth. Range 73 West of the 6th P.M., except that portion
conveyed to Union Pacific Railroad Company by deed rei ouded March 19, 1909 in Book 300 at Page 78
and that portion conveyed by Warranty Deed to Martin I nie> recorded April 16, 1920 in Book 602 at Page
64, County of Weld, State of Colorado.
NOTE: Upon compliance with Requirement No n under Schedule B Part I, the above legal description
will be amended.
Statement of Charges:
l he'e c! urges are due and payable before a Policy can
liL issued.
1<eguInc Rate
2006 ner's Policy: $705.00
• 2006 t)wner's Extended: $50.00
C.}:( -I Inflation: N/C
I a t certificate: $25.00
• •
COMMITMENT I uR 1 ITT_E INSURANCE
SCHEDULI 13 Section 1
REQUIREMENTS
Order Number: 924579
The following are the requirements to be complied With:
1. Payment to or for the account of the grantor i • Ito,rtgagor(s) of the full consideration for the estate
or interest to be insured.
2. Proper instrument(s) creating the estate or interest to he insured must be executed and duly filed for
record.
3. Evidence satisfactory to Stewart Title Guar:1n' hany of payment of all outstanding taxes and
assessments as certified by the County Trea:umr
4. Execution of affidavit as to Debts and Lien, anti it, return to Stewart Title Guaranty Company.
5. Execution of an acceptable survey affidavit certil ing that there have been no new improvements
constructed or major structural changes made on the Subject property.
• 6. Recordation of a properly executed recorde,I \etI pi ion of the land described herein with the
approval of the proper governing authorities no,ted thereon. NOTE: When the above requirement is
met,the description in Item 4 of Schedule A to ill he amended.
7. Relating to Marcum Midstream 1995-2 EC Holding I.Lt a Delaware limited liability company,The Company requires
for its review the following:
a)Copy of the Operating Agreement and the regulatiotn o t the limited liability company and any amendments thereof
b)Execution of Statement of Authority pursuant to the inot i,ions of Section 38-30-172 C.R.S.
Note:The Colorado Secretary of State shows Mai% 1995-2 EC Holding,LLC,aDelaware limited liability
company in good standing.
8. Deed from vested owner(s)vesting fee simple title Lo t',t, pt" Poser(s).
Note:notation of the legal address of the grantee noot appea ,,n the deed as per 1976 amendment to statute on recording
of deeds CRS 38-35-109(2).
•
COMMITMENT Tt it2 ITILE INSURANCE
5 SCHEDI I.F li Section 2
EXCEPTIONS
Order Number: 924579
•
The policy or policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation. satiation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the Land and 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 Oilier matters, if any, created, first appearing
the public records or attaching subsequent 'Hike effective date hereof, but prior to the date the
proposed insured acquires of record for +aloe tilt estate or interest or mortgage thereon
• covered by this commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and unredeemed tax sales.
9. All existing roads, highways, ditches, utilities. reservoirs, canals,pipelines, power lines, telephone
lines, water lines, railroads and rights of wa\ and casements therefore.
10. Right of way for county roads 30 feet wide .n, .,it6:i side of section and township lines, as
established by the Board of County Comm is,iclie r> Hi Weld County, recorded October 14, 1889, in
Book 86 at Page 273.
11. Reservations or exceptions in Patents, or in is mnhorizing the issuance thereof, including the
reservation of a right of way for ditches or ea ,onstructed by the authority of the United States, as
reserved in United States Patent recorded Septemher 28, 1920 in Book 511 at Page 463.
12. An oil, gas and mineral lease recorded Januarn In I`169 in Book 605 at Reception No. 1526719 and
any and all assignments thereof, or interests filar ern
13. Reservation of all oil, gas and other minerals u; rile instrument recorded April 8, 1975 in Book 736 at
Reception No. 1657642, together with the appurtenant rights to use the surface. The Company
makes no representation as to the present ownership of this interest.
14.Notice recorded October 14, 1992 in Book I}5a au It eception No. 2306829.
• •
15. Pipeline and Facilities Right of Way Grant rccnrdrd December 12, 2007 at Reception No. 3523071.
•
•
•
• •
DISC I O,sI ;RES
• Order Number:924579
Note:Pursuant to C.R.S. 10-11-122,notice is hereby ilk ccrt tbnc
A. The subject real property may be located in a special taxing district;
B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the
county treasurer's authorized agent;
C. Information regarding special districts and h-. bu(Loden ries of such districts may be obtained from the board of
county commissioners,the county clerk and ,«, t c C it he county assessor.
Note: Colorado Division of Insurance Regulations i Subparagraph(7) (E) requires that"Every title entity shall
be responsible for all matters which appear of record pi ion Io the time of recording whenever the title entity conducts
the closing and is responsible for recording or filing of legal documents resulting from the transaction which was
closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording
the legal documents from the transaction, exception number e will not appear on the Owner's Title Policy and the
Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the hrnLi may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment horn the (nvmer's Policy to be issued)upon compliance with the
following conditions:
A. The land described in Schedule A of this 'TOM it must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished H mechanics or materialmen for purposes of construction on
the land described in Schedule A of this i ommiummt within the past 6 months.
• C. The Company must receive an appropriate it ti indemnifying the Company against unfiled mechanic's
and Materialmen's Liens.
D. The Company must receive payment ofthc appn'pnate premium.
E. If there has been construction, improvements.cr major repairs undertaken on the property to be purchased,
within six months prior to the Date of the (btumitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of cart:n' construction information; financial information as to
the seller,the builder and/or the contradict puymarl cl the appropriate premium;fully executed Indemnity
agreements satisfactory to the compact utJ 111 idditional requirements as may be necessary after an
examination of the aforesaid information I;' ih.-l , 115any.
No coverage will be given under any circumstances trot Inbui or material for which the insured has contracted for or
agreed to pay.
Note:Pursuant to C.R.S. 10-11-123,notice is hereby giceii
A. That there is recorded evidence that a uine_al estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals,or geothermal energy in the pu:perh and
B. That such mineral estate may include thr te.bt o' enter and use the property without the surface owner's
permission.
This notice applies to owner's policy commitment i t,ii,u..e a mineral severance instrument exception,or exceptions,
in Schedule B,Section 2.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO JI a I i S t t: i H I COMPANY TO PROVIDE ANY OF THE COVERAGES
REFERRED TO HEREIN UNLESS THE ABOVE CONDO p)05 :V<I-. t' 1II SATISFIED.
•
• •
STG Privacy Notice l (Ret OI!2t>,ill9) Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIJ'•S IX i WITH`H YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the t tp,lu ii lim ,.tome but not all sharing.Federal and applicable state law regulations also
•
require us to tell you how we collect,share,and protect your personal intimnation Please read this notice carefully to understand how we use your personal
information.This privacy notice is distributed on behalf of the Stewart I isle t;nra,umy Company and its affiliates(the Stewart Title Companies),pursuant to
Title V of the Gramm-Leach-Bliley Act(GLBA).
The types of personal information we collect and share depend n• it Iii'••.i..-'1 or service that you have sought through us. This information can
include social security numbers and driver's license number.
All financial companies,such as the Stewart Title Companies, ti,.:ii :;' :ilr' , usiorners'personal information to run their everyday business—to
process transactions and maintain customer accounts.In the section bolos.... list the reasons that we can share customers'personal information;
the reasons that we choose to share;and whether you can limit this;Itat in ,.
c r'rt r... r»n-qtr;:. tr r.,
For our everyday business purposes—to process your transactions and maintain your
account.This may include running the business and managing customer :ti >1.tlIIS.SWO as Yes No
processing transactions,mailing,and auditing services,and respcilttiit:: I:':_i::ut orders and
legal investigations.
For our marketing purposes—to offer our products and service'i.,'. Yes No
For joint marketing with other financial companies No We don't share
For our affiliates'everyday business purposes—information about '(iur'ti ansaetions and
experiences.Affiliates are companies related by common ownership':n crntuol. They can be Yes No
financial and nonfinancial companies.Our affiliates may include c.•onrt,atrit'with a Stewart
name;financial companies,such as Stewart Title Company
For our affiliates'everyday business purposes—information alio i! ....la
creditworthiness.
No We don't share
For our affiliates to market to you Yes No
• For non-affiliates to market to you.Non-affiliates are companics,hi•,'Oat,. lie common No We don't shareownership or control.They can be financial and nonfinancial compact+••'..
We may disclose your personal information to our affiliates or t.,r•oti-aitiliates as permitted by law.If you request a transaction with a non-
affiliate,such as a third party insurance company,we will disclose:mu personal information to that non-affiliate.[We do not control their
subsequent use of information,and suggest you refer to their prieitc notices.]
.
How often do the Stewart Title Companies notify me \\; 'ii l : i,..,,t . ;;,about our sharing practices when you request a transaction.
about their practices?
How do the Stewart Title Companies protect my 1.. 1,...:i..,' •..,,r- oc'rsonal information from unauthorized access and use, we use security
personal information? mC,L i;iL!• than .(imply with federal and state law. These measures include computer, file,
aid butlJuttaletuards.
How do the Stewart Title Companies collect my We a•lic'i' wur personal information,for example,when you
personal information? • request insurance-related services
• t'l(ivi•I, zaich information to us
We ar.,<• ,.>IL,.• ?',,in• personal information from others, such as the real estate agent or
len let it i;:•h col in)our transaction,credit reporting agencies,affiliates or other companies.
What sharing can I limit? Alili.n I ir:dem it and state law give you the right to limit sharing(e.g.,opt out)in certain
instances.we do not share your personal information in those instances.
.. If you have any questions ab,or,this privacy notice,please contact us at:Stewart Title Guaranty Company,
1980 Post Oak Blvd,Privact Officer.Houston,Texas 77056
•
• •
Stuart title
• DISt'LOSURE
The title company, Stewart Title-Greeley Div its capacity as escrow agent, has been authorized to
receive funds and disburse them when all funds s received are either: (a) available for immediate
withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are
available for immediate withdrawal as a consequence of an agreement of a financial institution in which
the funds are to be deposited or a financial institution upon which the funds are to be drawn.
The title company is disclosing to you that die tin:uu.iul institution may provide the title company with
computer accounting or auditing services, or ,,ilrci Link services, either directly or through a separate
entity which may or may not be affiliated with tla: :He company. This separate entity may charge the
financial institution reasonable and proper compensation for these services and retain any profits there
from.
The title company may also receive benefits Iroin the financial institution in the form of advantageous
interest rates on loan, sometimes referred to as IHreferred rate loan programs, relating to loans the title
company has with the financial institution. rift tale ompany shall not be liable for any interest or other
charges on the earnest money and shall he (Ambit nit deity to invest or reinvest funds held by it at any
time. In the event that the parties to this transaction have agreed to have interest on earnest money
deposit transferred to a fund established for the lnupase of providing affordable housing to Colorado
• residents, then the earnest money shall remain in an ace,twit designated for such purpose, and the interest
money shall be delivered to the title company at closing
•
• •
I ( NI'I'IlONS
• 1. The term mortgage, when used herein. ,h,,ii i, hide deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing. the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure
to so disclose such knowledge. If the po,p0,cd Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other manes . the ( ontpany at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these. Conditions and Stipulations.
3. Liability of the Company under this Conuuiunent shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual loss incurred in reliant a hcre[ai in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate cxce aions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage rlua cot A.w cited by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A Cr the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy of policies committed for in favor of the proposed Insured
. which are hereby incorporated by reference and aft made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one n more title insurance policies and is not an abstract of
title or a report of the condition of title. ;an; action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitrankm clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arhnrtt� d at the option of either the Company or the Insured
as the exclusive remedy of the parties. 1 , ruay re a iew a copy of the arbitration rules at .
stewart
title guaranty company
All notices required to be given the Company and any sL.<<vr,ni Ia ,vriting required to be furnished the Company shall be
addressed to it at P.O.Box 2029,Houston,Texas 772-
•
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U. S. LAND PATwNT. '
bze7ie
B L-205'
I
I
DEPAHTIMIT OP THr' INrmilIOB
,rNcRAL L-Nj ;c•r!cp
UASRINOTOP 1.
HAP 'l 1719
I
I hereby a rtify that the annexed onny of natent le a true and literal exemnllflantlon
tram the record writer' is in my Custody in thin attics.
IN T'STIMONY RN!RtOr 1 have hereunto suneorlbed my name and 'oauaed the seal of tnic
office to he affixed, at the city of Washington, an the day and year above written.
. ki 44 Lamar
" '• + Recorder or thn General bind
Offloe.
h
102
VIE n9IT1D S1'A'PF.6 b6 AMERICA,
To nil to whom those Presents shall Dome, Greedily'
CEITi"ICATE )
. t No. 5298 - 1 WP.4R:AS Tobias Maccax of 'help County Colorado has deposited in the General
Land Office of the United Staten a Certificate of the Rn glstef of tan Land Office at Denver.
Colorado whereby it appears that, full payment use oeen made by the said Tablas Mattox a000rd-
ing to the provisions of idle hot of Congress or the 2hth of Apr1l, 1820, entitled "An Act
making further provioinnd for the sale of till Frills ';ands,' and the note supplemental tnere-
•
to, for the
• Soutn tlast luarter t; wicilon twenty "our it.
Township five North or Range sixty six West
of the Sixth Principal .eridian in Colorado, .
containing one hundred end sixty aorde.
auoording to the Offiolal Plat of the Survey cr the said Lands, returned to the General Land
i Offloe by the Surveyor General, which said Truce nue oeen pruobased by the said Tobias Mattax i'
NOW SNOW Y°:, That the United States o. .+mnrioa. 4n consideration of the premises, and I, '.
i in cewfcrmity with the several Acts of Ccnnreas, In ouch case made and provided, Nave given
and granted, and by these presents do glue and Brant unto the said Tabial :datte% and to his
heirs, the sail Treat &sieve !snarl te7! To hr„" and to hold the Sere, together with all the
rights, privileges, immunities, and appurtenances, of whatsoever nature, tiereunta nelondiry,.
unto.the said Tobias Mettox and to hie heirs and stn igns forever; subleot 4o any vested and „ i
accrued rights for mining, agrloultural, manufacturing, or other proposes, and rights to
ditches and reservoirs used In connection'with such water rights as may be recognised and ,; I
acknowledged by the looal ousttme, lass, and decision of courts, and also subject to the 1
right of the proprietor of a vein or lode to extract and remove his ore therefrom, should
•
the Rani. he found to penetrate or Intersect ins pr611,11h handy granted, as provided 0Y law. ,
lid TrSTIL.NY hHt1R!OP I, Benjamin Harrison 'resident of the United States of America,
have caused these letters to he made Patent, end tte seal of the Central Land Office 40 be ,•' ,i
hereunto affixed. ��
GTV°N under my hand, at the City or was-tartan„ the thirteenth day of Deoember, in the •I I_
year of our Lord one thousand eight hundred n+a1 eighty nine, and of the Independence of the
United States the one hundred and fourteenth. 1
By tae President' Benjamin Harrison ',�
!
IIIL.S By M,Mi Y.en, Secretary
45• 1. R. Connell, Recorder of the General Land Office
1'r" ad Interim 1
N0.29bb76 •• •a,.•..••••.�iu11h.-- ChM" E. Slttell Raoo rd of
` Piled for reword at k:10 o'clock P. M. Loh. 1919 •
BF W. H. De•lbridge Deputy
4.q.r,'--
orb �S i �?t""Pig .-._ • ,r ean l t IAN 3 0 X969
� r x i Y r Jwu'F 4 Shits be' • MCI
ii5R74?: Yet& W,_.��?W71.4 MM Sear,t¢adte d tat
w I
y. .. - 4�' at?d I3 4, xs• -:S 5^}j"r..tS'.I2.;,sri, 3-1 MGE%te ! .
" - I .
Form 11e—tPta i c OIL AND GAS LEASE TCIV
KLa.01444_Cda 1957 r.•.e ks�.,
1. ;, s a _— 'tut
TH1S.A RE MO Aidesi.61 tha I,e-20fh e, _. June u44 v
3dittii le k es 3'a angle oat •. .
'� hd•
' a bett A93e1rYe0' �ddm�e'b vvd,vd
• henbane called toner. 1 Al
Pi, and—in Te b era-:125 nt613neon Building, Denver, Colorado 80202 __I...w f. turd limn.due,'[hots 1044-H�.'
Tttn ,aeret i -:.
t-Tel lNn t id 1 m'`nsiser it 'Wine t W hand pad red nl the elean.na end ael etmente.unto the lain l . "`' 1
[�` he ei pnlamed hr tb d.en m xn e e a d o d e n presents den hereby trent. lease• and let lwrtelr unto the lave the [
`t Mreebya. dean IL.te d. d env theapt a h 1 ➢ t n with et Mr oil and tee lane a to ell or am:part or the lane mitered n'f Yrtnb n Mme! dhNMd let the e envenom Cl geological.beb 1 el'a d otter'eve larelortt work,inducer em.d ernp,et Iee drilling.MOM t
cad ee one ninr noade. .m a allof the OIL nEU.u.t nepee.d Iasi minpeod t 11 other naves d their respect'', tit nest peel
aMr ..mean.lhTop PDX din..',adding tents, storing ail. building Dote' I telephone linen . other at ee heron n :dr
emtOdent ler the emmak apr ter on geld land none or loNtl Nbor n 1 Modem...o. . as at.and m nel.ewre so et ua t T
se
oehmao L tad to bonsai sad means intone u0 tree be land h.ne entruonary rights(heath 1nn1 situated in the Chanty et •t
S:! II1 ,:. etldr of_Colorado red deeleed u Minn;See at abed denarip'Dien'sider +
Township t Boi-the -Ranee 63 West. 6th P.H.
Section'.2t Lots 1, 2, jd 4, 5/211/2
t Section 34t 8/2 Except all that part of the Sg/4 lying `d„.
• , .,� South and East of the Union Pacific Railroad
�J! am now constructedand containing not more
ti than one-half acre.tc' Containing 640.86 ;acres, more or less p/� • 7 y %
VP L�MI a it / 1LO
S.n
tale _
t Sdw' J. Miller
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y 5 1526715
a a
In Settles Towanda 7�Z [=CCsite mnY nItr aa'l'M1� or lees. j
W. It Wearied seed thle true shall remain m lull( f t hem •lo� . tram this fete. end u long tMeeM( es all rd�.
1 Of n. Or ether of them.k peMueed from said lime for tam lane with which WI land,k_ennmuattedi or the Wemlw.Se los encased Or amen. y,
3. lit tehuatnuoa el In Puna'the maid hue'covenants and Mar: •
• lb dean Pain nun or Inn.free or con In the site lees whin Ian mew®nett his alit the meal ene-Jehth 041 part of in NI
W" pod ese tad'eyed from else trued pnmlme' '. r
•
x'1- 4 Thelma shell thly Pay lama m reyelty oo vs marketed lam meh sell upon en only le found.one-elehm Oil or the prevent,If cone et the
LL It marketed hl lmu e,Jt the lean mean then onR lebth t6. 1 lit market value at the well.The Icon mall pay the Inert eel ighth tnq
ci(y poM(C rtnlr�Ll in hexed et to oek or cum �u produced ha at MI wen hl erl[Mn 1v1 e(the We. t the mouth Of the+eel.
.:.. mmemp alai br ning Market prim. he nagheia produced from soy oil well d nod y lean of I the based stea n for en Pernaem
ddaa mod Mahe al-pit kW Ike lean for porpoise other than the developmen_ we operation mein User'hall hen lb*panne et irk Min slot d
"I! epmse of PNY'ee 1 W en men on sem lane for norm end aide light.In con principal dwelling located a e hared W by nano Ms ace
$$y$����y���±±±..$.p���'.'a (7.., ocelmiaaeeeN
4 y. When alfence ➢er wells.ant m Watering as only,Y t aid or men to a pompon of One year.lame'nil pay er tender a tawny,lorl u
((\ matt tart.Um delay rental ee ea provided la peRoph a tercel pueblo annually oo flee amleenuy date of Ude lease nonsense the sod of nth sorb
e !)`se dmty.wmy ie h.{Y i of end or used,end whlet mid royalty Ili m paid m nand ark leedS nail be ntld u e tannnin Matra Under Vera
e .s' 'tan,aumMnd LweYymL t(�
za 1 h_N ill to le wear the Millar of a wee for ell or gas are not In cone. ed m m teed on or or Infers the 40th day w June '19_
49
?in.1 Wu tmflnea te bath palm. non 14 lessee net an or fore nand date pin tarter ire norm for the nuns meat In w
..ae0m'iSy Sational, nark .t Denver„ Oolosad� lee nomad +Md site me w
- 'ia•e a M1M kreye v t ma shall continue m the depostory of asp*The ell payable under this Mae or �I mnsu er ewseribip n -
1 .mad.o...........-.....Is the...to moue bor..... the maul din Hundred Fortey at,aD/JVY . -Duero.Whim siren op.
aL. l I eon es a ven a sad r the printer at deterring the wmmeomment of operations tee drain to,a period of era year.. In Ins tamer em open IleaL 11
-1aym•
pmk or enders Ibe m m mmenteent of opmttima for drab[may further be deterred for like pmlae nemulw.ty.Alt m9mmk er teams s may be made by
eked m dealt of know ay Solna thereof.melted or delivered on or lame the renal panne Ma either neat to taut or salami inroad depmaYre
It.. bank end hge tmdaYard and'agreed that the mnmeretloo ham recital rein the don payment.comes inanely In pristine hats n the date when
LiA
i'' Wa bank.
renal h Male fa aforesaid.but also the leuY'e op;n o1 manna hereto.
period se aforesaid and any end an other rata amternd: later mar
s' .m tiny tae actin eat fritter to Lessor,or piece or retard. ran or releases mrarmx y portion or pain of the mom deeathod pale gee k cant..thereby Nntudo this lean ea to mm anon or portions ad^be relieved of a➢ obllnt lie la the on • rendeeed. and thereafter the Data
!y Payable attendee shell be todomd In the proportion that try seen tnemM hereon le reduced by said Man or relmsei
: 't i it Ake tithe tint wen drllied o ten shove emeioea land be a y hole. tnen. out b teat vent,I( mpe t k nJ cot said Lae '''y
d_t 'P mlthlo.twJM menthe from eeplamin f the last rental period ht w been pia. ark leue Mall terminal. ea to lab.parties. unas the .:_➢
Imes m or tan thouWmtan of aid twelve Menthe elicit tenth et the payment of monk m the awe t end m esme buebhefnrw .1
___, f'i,•provided. And It he amMt that open the resumtion a tits•pity-room of rentals. =above provided,that the In'preceding pennmh hereof.pvnnag the 2
�,payment of rents ant the alert thereof shall tontine(In 'force het se though Mere had ben no Interruption In the rooted ptyalin 7
�Ppl`. ' 7. ll seed leatn erne a lus lonrest lusthe.o.:aeacrinea'ene e e tAe cooties wtntd ndl�aed fee daiwa sees IMeYn.Ibee the Menem ssd.tmWe • .'t
b tel..bank mewed mNlo oa he lessor only m the npropo ion which
ncenr interest e see the mole sod undivided lea linen:.met renal shell he in-
.
messed J the neat Nedlnr natal mnkereaq . o n anotter m.to.M a.wplgd. i a
'a Wee team shall have the r`cht n of met.tat au. miter found n as hand for in operations tames.except water flees the wale el S
k Of the lean When=Rthted by Senor.the lentoMani hurl Ill pipe lies elide pow depth and mw pay far=made caused by 1Y operations to rewind naal
rd• uk lend. No well ant.be drilled hearer than lop Met to the house or bnem w on oils pones Without written consent of the laser. lane mall hen
4. Ni the flout la up tn.della.of alter the apiratlnn of, s e to remove all nmmemrym. fluor. ho1YY. buildings m whit amures Named sae
prmlrm.Indedlnel the ring to drat and remove an mJee. lessee senn,fps the pktien or any team en hole a upon abandonmentoof W
Wodyme weir.to ma the promisee to their original contour m near m p it•ble and b remove n Iu1Jl.lnns within a reasonable tinn
I. N L a the Caste J either pay hereto le almodien the privilege of aenlmNne in whole or In pa is mores=shove=the ecemuu easel eat=tend
ci . 'so' to the beam devisees, tuna odmnedmmm mamma sad used.bat n ge of evoerohlp In the lava n yea rentals er man= Man .
�` • duo soda tilt tea shell am Misting the lee.oeti It has been lmokhed uhe alter the anal recorded melfument of marmot=era duly lulled
ma p Una or a=Rued my?er b van of lay deMuu comer•n of the wo tae f. mute( 1 or the protema n �s saint,e�1e(nnt ed
•
O as.dmWalhJar run w estate el y ammo= Mummer is spore pate, Leona with or I canna amend= Ingather : fp qduly
fled cooles thereof ote ey in"bowing complete chats of title t hat for inn to ion full Interest lel en W a sane payment.,of to a M-
r• p ,slider More nalpt of axle creamer= on be baling on for direct or sheet onslmm. erne* Anima. aamnieatur. heir of lame.
ry u. It IS hereby agreed that le the surer thin lees:hull be assigned as to a part or as to Pens'er to above deserted teed unit the bolder or edam I
of set Mich pen Cr pens shall mate default o the payment of the proportionate alcar rent doe from hem them.each default oral not operste to
• o ^, defeat or ark lease ar Ina dense es it n as cove a part of raid land open lard the le or Any."lain hereof shall come dice.ppmeot el 0514 =l ree .
:j
T` „. Iaom bandy warrants.endagrees to defend the title Id the hail herein described sad seas that the lamas.at Ill option.may per ad dneban le
C. 'whole er a Part sty Mom maenad.or other nom misting.Ivied.et mated re or lialmt the above described lends end In teen it'tertianan optha
e/\ t aka he nhnn�to Mehra o1 any holder or holden hereof end may minutes Nell by=Pills[n the dtWrn of toy such oetmoc,tee or other
.. .ten.My realty b ninny hereunder.
It NmviWluWn[mynas['n this lease conned to the m eu ••Ny speed that II lessee mall ram fe operation lereNing at coo
. d 'non then ...moo. .Mot es um oamtlw prosecuted end, If products=Vedas the an lb=as rang a 4pr dose e m e in .sera u it. ee
- lbn.nm.n .[.pew temmme:�
Sr within the primey term or this bare.proauctNn en the dated premises shall cease from may uuu.Ulu lam shall not termlaie Nov1ded sp-
y relax for the dribs of e tnl sal he commeerad before or oil the next ruanw ewotsl paying date: .presided Ieme hyloa w the payment of •
nun=la the mesa cod mourn aeraobelore provided_ U.at=f the emimtWs. r the primary of this poem.produao me lend d premises she
ream uy thou.Ins lease s I v terminate promise a operations for orkng or tuning a wen with= Blom =Or days from=eh
nee
end um lease uiJl remain In a form dories the sirosmotic.or nth °penitent oaf. U production rasa therefrom then ea MN'en production
enteral.
U. Ian is hereby eoprm parted m wl cues. , Lan my a its t any time tither berate or rater pndoetin hen hem
•
aaYned aeon this monde,or ant Premises cemolhited a the ten legm an rotate cared bythe eettutlom end dell of this lam
my part or mrte thereof. n y other roe Mikan is eteam in
m one m (sa operating moth not slued spa eNy am seen.
aem., II•on operas[nit or yells ten . Lemon• I tempt and she near cot l the gee peanuann from each soh t ma
Penn
e(the gra lossIlttr u the number of tort`outby
Innate.
;raced in sum unit bent to she total number of sec dudes n tom n The m.
of a well or ire motioned operation or prwuctlon or p.lam an earning wan any portln of an ramming lat shell m
construe`sea Wielder=d a the commencement or m pmloo or well. or the continued operation uL or production or Crow • wen ho mere end at
w ene lone sad,amt prtenm ma operating( raw rmleed. the thr prevents to of then immerse,' shat snort W. ',moment rmmt f
•
' deny 4l with�(. Peahens orpremisson 'nasal 'cot nnu[eta l thin Inge al `rb portions net
this member ot 'minded In • von.
co=n=heated=De•leer! pease. In e event portions of the note eel lbee lends are Istluded In cal its. tech ported Mended shell •
Watn4 1 aNue lease. sawn a pent Nan owner eras r on the bade under met separate tau Mall be solely entitled to the heneflu of and be .
sublets to ta obnntlms Of leaner under each me• null muse=in writing a rewrd in tile wnevrenee monde of the money n wNN
the lid bereby Inset le enlisted an Instrument p!dentllntal And femrihing the conoinsd acme.
K' =miens ra,en its terms.amnia.and atlV^t^loni ehnl:extend end be binding a nth of the pal parties who ma this lease.regardregardlessregardlesst
p..whether snob hem le aroma d rum sshe croriginalhet er ,t t Pend by any of the other inns herein named es lemon_ 'Tit .e Ie may be slimed
.In aalepactpoh d.a flmf the came so t
t% eCie •
'T seee or his Restarts shall place of record a release within 60 days after ..•
, - the termination of-this lofted,__-.. /(}�.�/ll��,,�� //d/'�/tt' [i. -
•
•
` Whams.WnyNL9 MNmILOp..r.In ire d.r °d r \it- 51.111;1 i V I l•l /V1 l
&satin J. ter • .•
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• • aoec 605 152s 719 3
r� 3
COMM
COLORADO - ' p(`g NOW LEDGMENT FOR INDIVIDUAL(Kane..Okla.,and Coto.) I31>v e
d .gs
• t 20th l r`
'y%1 Before me,the undersigned,a Notary Pbbli ...it's'',and ic, =aid county and state,on this
?..1 day of June __... tv($_..personally appeared YAvlrt I MI 11 nw, ' n ml ngl n 'any .)'i*
-.
__ - , Ifs:+.
0.} to:me personally known VS he the Identical person— ho executed the within and foregoing Instrument and acknowledged to me ?.%r,'
I that het -axeonted thei lame as hi n free and voluntary act and deed for the uses and purpoats therein set forth. k C,
{ �{W RIESS WB£REO£I have hereunto set my hand and official sea the day en y 'I`,aa e written.
' ' 0. i 'Jlm� V,[1-972 ---- ' /�/ % L .rc.:.
141
. Notary Public�pT/4Riata
: Ot fig
`,� cal erg
et ( Af.N NO W LEDGMENT FOR INDIVIDUAL(Haas.,Okla.,and Colo) wr
`. t?e'a ,4, psCq lu�e undersigned,a Notary Public, I I- and fat said county and state,on this
IliII da!4f Ch4A i, ,pe,SOnallY appeared
and v°r " _. «
Iy?a
to me personally known to be the identical person ,who ecuted the within and foregoing instrument and acknowledged to me i .y
i that_ ekeeuted the same as free and voluntary act and deed for the uses and purposes therein set forth. -2T
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year last above written.
•
ly,. My commission expi -- -
€ 1 Notary Public.
L : t •
STATE OF �.. ACKNOWLEDGMENT FOR CORPORATION
r'. i COUNTY OF -�-. l - I 5
a On this day of _._ _. ... .__,A.D.,19_,before me,the undersigned,a Notary Public
in and for the county tend state aforesaid,personally appeared
e to me personally known to Se the identical person who signed the name of the maker thereof to the within and foregoing
instrument as its-- President and acknowledged to me that executed the same as free and
voluntary act and deed,and as the free and voluntary act and deed of said corporation,for the uses and purposes therein set forth.
• i.
• Given under my hand and seal the day and y last shove ,.ritten.
My commission expi•-- _
- .. - Notary Public.
. I ii
- - . I ,
•
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r Vi P.ba a, •G' '
•
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to 4 O F • m� .
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U z: m o ° w 3.
NOTE: When signature by mark in Kansas,said marl( to he witnessed by at least one person end also acknowledged. ;
For aeknowledgmenl by mark. use 'egoist-Kansas acknowledgment. •
•
. I•
STATE OF —- 1 ,.,'k tlOW LF.DGMENT FOR INDIVIDUAL(Hans.,Okla.,and Colo)
COUNTY OF - ' - . I
•
Before me,the undersigned,a Notary Public .-.tl dun ,.m.l :,o said county and state,on this,
.
•
• •
r day of _ it - personally appeared ,
and
4t
yk to me personally known m h,be the Identical person__w executed the within and foregoing instrument and acknowledged to me
ay I th°t__ tad the same as __---tree and.uluntary act and deed for the uses and purposes therein netfortb.
�•lCf' IN WITNESS WHEREOF I have he unto sit my hand and official seal cbe day and year last above written-
1 f
My IN
exiAr c
• .
•
n
• ca
`736 - $ G M r�oQ -A 1975 a .
Ib rkc ., �..__ e iw
1657642,• S. Lee Sheller, Jr.. Rm&
.7-A
I PERSONAL CO-REPRESENTATIVES' DEED . ..n
I
a- •
THIS DEED is made by AUGUST L. R0TH and THE CENTRAL 1
BANK-AND TRUST COMPANY, Denver, Colorado, as•Personal Co-
cw Representatives of the Estate of Edwin J. Miller, Deceased, t
Grantor, to BRYAN, CARLSON, HATS, PITCHER AND SWAN INVESTMENT,
r- a Partnership, Grantee, whose address is 2220 Suscrest Dr.:
,0 Loveland. Colorado 8043/
WHEREAS, the above-named decedent in his lifetime
o • made and executed his Last Will and Testament dated August ° • i
-n 19, 1974, which Will was duly admitted to probate on September t
a- 9, 1974, by the Probate Court in and for the City and County •t-
o of Denver, and State of Colorado, Probate Mo. P-69327-C; and C
o 'o •
0 WHEREAS, Grantors were duly appointed Personal Co- 'o
Representatives of said Estate on October 3, 1974, and are
' now qualified and acting in said capacity;
a
NOW, THEREFORE, pursuant to the power conferred iI
upon Grantors by Article 3, Section 711 of the Colorado
•� - Probate Code, and for the consideration of $47,700-00,
Grantors sell and convey to Grantee the following described
parcel of real property in Weld County, Colorado subject to
the reservations and exceptions hereinafter stated. - -
- .The South One-Half (S 1/2) of Section 34, Township 7 •
North, Range 63 West of the 6th P.M., County of Weld, •
State of Colorado. Excepting therefrom that portion
conveyed to Union Pacific Railroad Company by Deed
• recorded March 19, 1909 in Book 300 at Page 78, Weld
• County Records; ALSO excepting therefrom, that portion
• conveyed to Martin Tittes Recorded April 16, 1920 in
• Book:602 at Page 64, Weld County Records;
reserving unto grnutors, their successors and
assigns and excluding and excepting from this
transfer all oil, gas, minerals and mineral rights
that-may be found in, upon or underlying or may be
produced from the above described parcel which
were owned by the said Edwin J. Miller during his
- lifetime; it being intended hereby that there
shall not be conveyed to the grantee named above -
. any o£ such oil, gas, minerals and mineral rights
that may be found in, upon or underlying„ or may
be produced from said parcel which were owned by •
the said Edwin J. Miller during his lifetime.
Grantors also reserve a perpetual easement in
gross for ingress and egress over and across the
'above parcel for the purpose of prospecting for,
mining and removing all reserved oil, gas, hydro-
carbon, coal. and mineral interests.
4. e Excepting the' general tuxes for 1975 payable January 1,
•
�• and further excluding and excepting from this sale and .
conveyance the following:
(a) 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 Com-
missioners for Weld County, recorded October 14,
1889 in Book Sb at Page 273, Weld County Records.
. Store Documentary Fee
Apo -.a tope . •
Ik�m N/ie...
• I ,� • Y, 77
I
r • '
• •
• 7'3b 1657642
(b) Oil and gas lease dated June 2, 1968, executed by
Edwin J. Miller, as lessor, and Ray T. Rader, as
lessee, recorded January 30, 1969, in Book 605,
under Reception No. 1526719, fora primary term of
10 years, and upon any additional terms, covenants
or conditions contained therein.
kwith all appurtenances, subject to restrictions of record.
Grantors further represent and declare -- and the
.:Grantee in accepting this Deed joins in and adopts said
representation and declaration -- that the Grantee is not a
!;spouse, agent, or attorney, or corporation or trust in which
'either Grantor has a beneficial interest; and that this Deed •
is not part of a transaction which is affected by a conflict
:of interest on the part of the Personal Co-Representatives.
WHEREVER used herein, the singular shall include.the plural.
plural. - i -
EXECUTED Mai:ch 21, 1.975.
•
•• y
Pers al Co-Re
,,, Y ,K G presentative of the
Estate of Edwin J. Miller, Deceased
' 14b
1..
._"9 THE CENTRAL BANK AND TRUST COMPANY
• '
By:• •ers nna Co r ss tatrve o to
Estate of E.• n . ller, Deceased
, . ' STATE OF COLORADO )
CITY AND ) .•.,
COUNTY OF DENVER )
The foregoing instrument was acknowledged before
'me this 3lstday of March 1975, by AUGUST L. ROTH,
as Personal Co-Represenraeroe of Che Estate of Edwin J.
F.---X`-Hiller, Deceased.
,/...j;'./ 1 -
gel .‘`STQ(D WITNESS my hand and official seal.
An .6./lUB ekoomsussion Expires. September 11, 1975
rr u :.
'.
°OF y y �� y�7
`Notary -. /
ic
:;STATE OF COLORADO )
CITY AND )
:COUNTY OF DENVER
,'me this ,ij foregoing estrum, t 1975, acknowledged hJ,3 4J �
ofd�'ef o
, Perso Must Officer yof The Centro Same
r M_d;and Trust Company, as a Personal Co-Representative of the
state of Edwin J. Miller, Deceased.
;� `.N O7d � '•.� WITNESS my hand and official seal.
4. 4..T...illt mmiasicn Expires: MY� l„los azdm,o,N g�„�,-04
• 4l
f No tazy Pub
_
•
B 1354 REC 02306829 -0 :38 $10 .00 1/002
• F 1531 MARY ANN FEUEREi -. -'_; & RECORDER WELD CO, r0
AR2306629
NOTICE PURSUANT TO C.R.S. ,- I .5-103(.1 ) AS AMENDED
CONCERNING UNDERGIOSLS1: S CILITIES OF
WIGGINS TELEINI ' _: ., �ocIATION
Pursuant to C.R.S. Sec 1 '03 ( 1 ) as amended, Wiggins
Telephone Association hereby g2e7ea 1 tice of the following infor-
mation:
1 . Wiggins Telephone Al '_ _' Pp owns and maintains under-
ground facilities within the 16L Lt Weld, State of Colorado ,
for the purposes of transmi , , distribution of telephone
communication services .
2.. At the time of thi, Wiggins Telephone Associa-
tion has underground faciliti_ , ed within the following area
served', within said' Weld Count . State of Colorado, to wit:
Township 1 North in h.-_nge 3 [ West of the 6th P.M.
Township 2 North in R,>.nge 11 West of the 6th P.M.
Township 3 North in Go.ute 61 West of the 6th P.M.
Township 5 North 50 aac,== 61 and 62 West of the
6th P.M.
Township 6 North _;-,..i..: . 61 ,, 62 and 63 West of
the 6th P.M.
• Township 7 North ie cH .1.1, p57, 58, 59 , 60, 61 , 62
and 6.3 West of the u . F ,M.
Township 8 North in Heo ,,,e 57 , 58 , 59 , 60, 61 , 62 ,
63, and 64 West ie P .M.
Township 9 North 5'e6e6 57, 58, 59 , 60 , 61 , 62
andH63 West of P' h M.
Township 10 North m,Hhpes 56 , 57 , 58 , 59 , 60,
61 , 62 and 63 We ,'
Township 11 North 56 , 57 , 58 , 59 , 60,
61 , 62 and 63 We 6th P.M.
Toy+nShip 12 North ,.- s 56 , 57 , 58 and 59
West of the 6th
3 . Notice is given thi the ,Wiggins Telephone Association
may place additional under;r Cities in the future anywhere
within its general service a6e6 aeibed in paragraph 2 above.
4 . Anyone concerned . location of the underground
facilities of the Wiggins Tel ssociation within the County
of Weld, State. of Colorado , obtain necessary information
regarding the same from the c .. r ; person or persons:
Name: Dwi:3ht. L . Zehmitt
Jab Title: General cer
Address: 414 P''''
W 906654
Telephone No: ( 30 '
•
• •
' B 1354 SEC 02306829 10;7. - . a $10 .00 2/002
• F 1532 .MARY ANN FEUE:RSTEI^ RECORDER WELD CO, CO
Notice is-further given ie the event said individual is
no . longer so employed or re al as ontact should be.. made with
the individual who occupies thi i _;i title with the Wiggins Tele-
phone Association at the same ea and telephone number.
DATED as of this 8th d _ct:ober, 1992.
r;1..3oti .._? TELEPHONE ASSOCIATION
Schmitt, General Manager
•
•
1111111111111111111111111111III 11111111111111111111111
3523071 12/12/2007 11:29A Weld Counly, 00
1\ 1 at 3 R 16.00 D 0.00 Steve Moreno Clerks R:xortler
• PIPELINE AND frAl_ll..IIt s RIGHT OF WAY GRANT
FOR GOOD AND VALUABLE CONSIDER A'H ub;the receipt and sufficiency of which is hereby •
acknowledged,Rodney Wilson whose address is 37900 CR 61,Eaton,CO 80615-(whether one or
more, hereinafter referred to as "Grantor'), does hereby grant, transfer and convey to DCP
Midstream,LP,a Delaware limited partnership(hereinafter referred to as"DCP"),with offices at
1324 North 7'h Avenue, Greeley, CO 80631 a thirty (30) feet wide right of way and easement
(hereinafter referred to as the"Easement"l to nom time to time lay,construct,operate,inspect,
maintain,protect,repair,replace,substitute,change the size of and remove a pipeline or pipelines
and/or surface and subsurface equipment. facilities and other appurtenances(including,without
limitation,meters,samplers,pig launchers aua re(:eivers,fittings,tie-overs,valves,pumps,tanks and
groundbeds,rectifiers,anodes and other cot;Asian control equipment)(such equipment and facilities
may be referred to herein collectively as"tacililrea")for the transportation and storage of oil,gas,
natural gas liquids,petroleum products,-,vetch and any other substances whether fluid or solid,any
products and derivatives of any of the foregoing-and any combinations and mixtures of any of the
foregoing, upon and along a route to lei selected by DCP on, over and through the following
described lands located in Weld County,Sanc of'_elorado:
Township 7 North.Range 63 West of the 5"P
Section 34:S/2 Exc That Part s&E t n,;l R.nilmad
Said pipeline easement being more partic-u;ad):described on Exhibit"A"attached hereto and made a
part hereof.
Together with the right of ingress and egress on,over.and across said lands and adjacent lands of
Grantor for all purposes incident to the rights herein granted. The pipeline or pipelines to be laid
under the Easement shall be constructed at a depth of at least 36 inches below the anrfaoe_of the
ground at the time of construction and may be abandoned in place. Incident to construction and
installation activities,Grantor also does her thy grant,transfer and convey to DCP a fifty(50)feet
• wide temporary access and construction asew nt Seth temporary access andconstruction easement
shall commence on the date of conouu act cities for each pipeline and/or facility and
automatically terminate upon the core,...t.. , of the initial construction and installation of such
pipeline and/or facility.
Grantor acknowledges and agrees that:(a)We payment made to Grantor by DCP for the Easement
includes payment for any an all damages ',o land, crops, timber, fences, drain tile, or other
improvements that may arise from the construction-operation,inspection,maintenance,protection •
and repair of the first pipeline and/or facility(as the case may be)installed in the Easement;(b)
Grantor shall pay to any tenant any and all d:m ages to crops,timber,fences,drain tile, or other
improvements on the Easement that ion, arise final the consfruction, operation, inspection,
maintenance,protection and repair of the ill et yipCilirc and/or facility installed in the Easement;(c)
DCP shall have the right,but not the obl:gcr,a gin.o t k.:-;;ing the Easement clear of trees,undergrowth,
brush and obstructions end DCP shall run Is-h;,hr: f01 any damages caused on the Easement from
DCP keeping the Easement clear oft cos,m te%,gto-.'d,.brush and obstructions in the exercise of the
rights herein granted;(d)any payment due ran,:mu,daa[nay be made direct to the Grantor or any one
of them;(e) Grantor shall not build, consnuct or create any buildings,structures or engineering
works on the Easement;and (f)DCP may trim time to time exercise its right to lay additional
pipelines and/or facility in the Easement by paying to Cicantor an amount of money per rod for each
such additional pipeline and/or facility equal to that initially paid for the Easement(which amount
shall be proportionately reduced to the extent Cirantor owns less than the entire fee simple estate in
the lands).
The provisions of this instrument shall ea,:. a:.e cc:binding upon the parties hereto and their
respective heirs,executors,representati acs. su-.:c.esst.-; and assigns. DCP shall have the right to
license,lease,sublease and/or assign the F,:se n=nl,in whole or in part.The Easement creates areal
property interest that shall continue in full Ii:n'e and effect regardless of whether any pipeline or
facilities constructed hereunder are in operas,'n,and may only be terminated by a written instrument
executed by DCP.
•
1111111111111111111111111111III 1111111 III IIIII 11 11 11
3523011 12/1212007 11:29A Weld County,CO
2 of 3 R 16.00 0 0.00 Steve Moreno Clerk&Recorder
• GRANTOR HAS EXECUTED THIS INS'fRt-'teISN"T this /lc day of 0c-{a be.(' 2007.
Rodney Wilson
THE STATE OF COLORADO
COUNTY OF WELD
Before me,the undersigned,a Notary Public ix and for said County and State,on this day
personally appeared Rodney Wilson known to we to be the person(s)who executed the within
and foregoing instrument,and acknowledged to me thar be executed the same as his free and
voluntary act and deed for the purposes and consideration th4rein expressed.
Given Under My Hand and Seal dr!Mic.e,ihs 1(9 day of Lie.'.6¢f ,2007
MY COMMISSION EXPIRES: iP71,,-h
Notary
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