HomeMy WebLinkAbout20090028.tiff917
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11111111111111111 I I I I I I I I 1111111111111 I I 11111111111111
3533917 02/07/2008 02:43P Weld County, CO
1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder
QUIT CLAIM DEED
THIS DEED, made this day of February 6, 2008, by
Robert L Parsons and Arlene M. Parsons, Trustees of the Robert L. Parsons Living Trust Dated November
10,2003
Grantor, for this consideration of •s• Tea Dollars and Other Good and Valuable Consideration ***
in hand paid, hereby sells and quitclaims to
The Robert L Parsons Living Trust
Grantee, Individual whose street address is 40455 Skylark Drive, City of Fort Collins, CO 80526, County of
Weld, State of Colorado, the following real property in the , County of Weld, and State of Colorado, to wit
Lot S, Recorded Exemmpdoa No. 0705.10-2 RE -3358, according to the map recorded September 27, 2002 at Reception No.
2990871, being part of the Nrothwest Quarter of Sadiron), Township 7 North, Range 67 West tithe 618 P.M., County of
Weld, State of Colorado.
also known as street and number vacant land
TOGETHER with all its appurtenances.
State of Colorado
County of Lorimer
The foregoing instrument was acknowledged before me this day of February 5 2008, by Robert L.
Parsons and Arlene M. Parsons, Trustees of the Robert L. Parsons Living Trust dated November 10, 2003.
Witness my hand and official
My commission expires 10) (ion
v*'hen recorded rerun to: Robert Panons
40455 Skylark Drive
Fort Collins, CO 10524
• 60`7ip15
Notary Public
2009-0028
11111111111111111111111 I I I I111111111111 I I 111111
3188806 07/06/2007 03:30P Well County, CO
1 of 1 R 6.00 0 0.00 Steve Moreno Clerk & Recorder
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QUIT CLAIM DEED
THIS DEED is made July 6, 2007 between
Gran Sport Partnership, of the County of Larimer and State of Colorado, of the first part, and
Robert L. Parsons and Arlene M. Parsons, as joint tenants with right of survivorship (JTWROS),
whose legal address is 40455 Skylark Drive, Fort Collins, County of Weld and State of Colorado,
of the second part:
WITNESSETH, That the said party of the first part, without consideration and solely for the
convenience of the parties has remised, released, sold, and QUIT CLAIMED, and by these
presents does remise, release, sell and QUIT CLAIM unto the said parties of the second part, all
the right, title, interest, claim and demand which the said party of the first part has in and to the
following described lot(s) or parcel(s) of land, situate, lying and being in the County of Weld, State
of Colorado, to wit:
LOT 5, SKYLARK RANCH MINOR SITUS: 7517 E 14 HWY WELD, COUNTY OF WELD, STATE
OF COLORADO:
also known by street and number as 40455 SKYLARK DRIVE, FORT COLLINS CO 80524
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title,
interest, and claim whatsoever, of the said party of the first part, either in law or equity, unto said
parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such
survivor forever. The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the
day and year first above written.
R ' - rt L. Parsons, stee Arlene M. Parsons, Trustee
STATE OF COLORADO
) ss.
COUNTY OF LARIMER
The foregoing instrument was acknowledged before me on July 6, 2007, by Robert L. Parsons
and Arlene M. Parsons, as Trustees for the Robert L. Parsons Living Trust, dated November 10,
2003, and as signers for Gran Sport Partnership.
My Commission expires: January 16, 2008 \;\allulll„rr,
Witness my hand and official s j. ��•�Q......,.
:NOTARY'
inda M. Bath,' Notary Public
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1 0l 1 R 8.00 D 0.00 Slave Morono Clerk 8 Recorder
QUIT CLAIM DEED
THIS DEED is made June 20, 2006 between
Robert L. Parsons, of the County of Weld and State of Colorado, of the first part, and
Grand National Limited Partnership, a Colorado limited partnership, whose legal address is 2695
W. Eisenhower Blvd., Loveland, County of Larimer and State of Colorado, 80537, of the second
part:
WITNESSETH, That the said party of the first part, without consideration and solely for the
convenience of the parties, has remised, released, sold, and QUIT CLAIMED, and by these
presents does remise, release, sell and QUIT CLAIM unto the said parties of the second part, all
the right, title, interest, claim and demand which the said party of the first part has in and to the
following described lot(s) or parcel(s) of land, situate, lying and being in the County of Weld, State
of Colorado, to wit:
LOT B OF RECORDED EXEMPTION NO. 0705-10-2 RE -3358, SITUATE IN THE NORTHWEST
QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO;
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title,
interest, and claim whatsoever, of the said party of the first part, either in law or equity, unto said
parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such
survivor forever. The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the
day and year first above written.
R..ert L. Parson
STATE OF COLORADO
) ss.
COUNTY OF LARIMER
The foregoing instrument was acknowledged before me on June 20, 2006, by Robert L. Parsons.
My Commission expires: Linda M. Bath. Notary Public
State of Colorado
Witness my hand and officiMY Qmm. . Expires 1/16/2008
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LI LandAmerica'
Bob Parsons
40455 Skylark Drive
Ft. Collins, CO 80524-9029
Case No. TNWS0000867
"WE'RE HERE TO MAKE IT EASY!"
LandAmerica
1295 Main Street, Bldg. 1
Windsor, CO 80550
Phone: 970-686-0867 Fax: 970-686-0883
a LandAmerica
05 Main Street, Bldg. 1
Windsor, CO 80550
PHONE: 970-686-0867
FAX: 970-686-0883
DATE: October 04, 2006
COMMITMENT NO.: TNWS0000867 C-2
PROPERTY: 0
CO
SELLER: Parsons Robert L Trust
BUYER: INFORMATIONAL COMMITMENT
We appreciate the opportunity to be of service to you. Please contact the above if you have any questions
concerning this transaction.
BUYER(S):
INFORMATIONAL COMMITMENT
SELLER(S):
Parsons Robert L Trust
Attn: Bob Parsons
40455 Skylark Dr
Fort Collins, CO 80524-9029
ADDITIONAL COPY 1:
Bob Parsons
40455 Skylark Drive
Collins, CO 80524-9029
•
Phone: (970) 218-5533
Phone: 970-218-5533
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LandAmerica
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PRIVACY POLICY NOTICE
LandAmerica Financial Group, Inc. and its family of affiliated companies ("LandAmerica") respect the privacy of our customers'
personal information. This Notice explains the ways in which we may collect and use personal information under the LandAmerica
Privacy Policy.
LandAmerica provides title insurance and other real estate services through its affiliates. The three largest members of the
LandAmerica family, Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title
Insurance Company, and their title affiliates, issue title policies and handle real estate closings across the country. You may review a
complete list of the LandAmerica family of affiliates covered by this Privacy Policy on our website at htto://www.landam.com under the
privacy policy link or request a copy be sent to you from the address listed below. The LandAmerica Privacy Policy applies to all
LandAmerica customers, former customers and applicants. Please visit our website for an explanation of our privacy practices
relating to electronic communication.
What kinds of information we collect: Depending on the services you use, the types of information we may collect from
you, your lender, attorney, real estate broker, public records or from other sources include:
information from forms and applications for services, such as your name, address and telephone number
information about your transaction, including information about the real property you bought, sold or financed such as address,
cost, existing liens, easements, other title information and deeds
with closing, escrow, settlement or mortgage lending services or mortgage loan servicing, we may also collect your social
security number as well as information from third parties including property appraisals, credit reports, loan applications, land
surveys, real estate tax information, escrow account balances, and sometimes bank account numbers or credit card account
numbers to facilitate the transaction, and
information about your transactions and experiences as a customer of ours or our affiliated companies, such as products or
services purchased and payments made.
How we use and disclose this information: We use your information to provide you with the services, products and
• insurance that you, your lender, attorney, or real estate brokers have requested. We disclose information to our affiliates and
unrelated companies as needed to carry out and service your transaction, to protect against fraud or unauthorized transactions, for
institutional risk control, to provide information to government and law enforcement agencies and as otherwise permitted by law. As
required to facilitate a transaction, our tale affiliates record documents that are part of your transaction in the public records as a legal
requirement for real property notice purposes.
We do not share any nonpublic personal information we collect from you with unrelated companies for their own use.
We do not share any information regarding your transaction that we obtain from third parties (including credit report information)
except as needed to enable your transaction as permitted by law.
We may also disclose your name, address and property information to other companies who perform marketing services such as
letter production and mailing on our behalf, or to other financial service companies (such as insurance companies, banks, mortgage
brokers, credit companies) with whom we have joint marketing arrangements. Additionally, some LandAmerica affiliates may share
information about their transaction and experiences with you in order to identify opportunities to market other LandAmerica services
or products that may be useful to you.
How we protect your information: We maintain administrative, physical, electronic and procedural safeguards to guard your
nonpublic personal information. We reinforce our privacy policy with our employees and our contractors. Joint marketers and third
parties service providers who have access to nonpublic personal information to provide marketing or services on our behalf are
required by contract to follow appropriate standards of security and confidentiality.
Title insurance agents may be covered by this policy: If your transaction goes through a title insurance agent that is not part
of the LandAmerica family, the agent handling your transaction should provide you with the agent's own privacy policy or evidence
that the agent has adopted our policy.
If you have any questions about this privacy statement or our practices at LandAmerica, please email us at
customerservice@landam.com or write us at: LandAmerica Privacy, P.O. Box 27567, Richmond, VA 23261.7567
Effective June 2006
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S
Transnation Title Insurance Company
• COMMITMENT FOR TITLE INSURANCE
Schedule A
1. Effective Date: September 29, 2006 at 7:00 am Commitment No.: TNWS0000867 C-2
2. Policies to be issued: Amount
Proposed Insured:
INFORMATIONAL COMMITMENT
3. The estate or interest in the land described or referred to in this Commitment and
covered herein is Fee Simple and Title to the estate or interest in the land is vested in:
Robert L. Parsons Living Trust, dated November 10, 2003, a trust and Grand National Limited Partnership, a
Colorado limited partnership, as their interests may appear
4. The land referred to in this Commitment is described as follows:
Lot B of Recorded Exemption No. 0705-10-2 RE -3358, recorded September 27, 2002 at Reception No.
2990831, being a part of the Northwest 1/4 of Section 10, Township 7 North, Range 67 West of the 6th
P.M., County of Weld, State of Colorado.
likremiums and Fees:
$750.00 Informational Report
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NOTE: Based on the information provided for the application of this commitment, the premiums and fees stated herein represent
the qualifying applicable filed rates and/or available discounted programs. Please contact us should you have any questions
regarding any of these charges.
Prepared By: Sean Stevens
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Commitment No. TNW50000867 C-2
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SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with prior to the issuance of said policy or policies. Any
other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of
the policy to be issued. Unless otherwise noted, all documents must be recorded in the Office of Clerk and
Recorder of the county in which said property is located.
NOTE: Pursuant to Senate Bill 91-14 (C.R.S. 10-11-122) the Company will not issue its policy or policies
of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes Due or
other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or
until the proposed insured has notified or instructed the Company in writing to the contrary.
NOTE: Effective September 1, 1997, C.R.S. 30-10-406 requires that all documents received for recording
or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right
and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any
document that does not conform.
NOTE: This commitment has been issued for information purposes only and there are no
requirements. The liability of the Company in terms of this Commitment is limited to the charges
paid for the Commitment.
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Commitment No. TNWS0000867 C-2
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SCHEDULE B - SECTION 2
EXCEPTIONS
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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Any and all unpaid taxes and assessments.
6. Any interest which may have been acquired by the public in the 30 feet of subject property by
reason of resolution of Board of County Commissioners recorded October 11, 1889 in Book 86 at
Page 273, which provides for public roads 30 feet on each side of section lines on the public
domain.
7. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted
to Water Supply and Storage Co., as described in instrument recorded September 3, 1892 in
Book 76 at Page 518.
•8. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted
to Water Supply and Storage Co., as described in instrument recorded July 30, 1907 in Book 266
at Page 43.
9. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted
to Water Supply and Storage Co., as described in instrument recorded March 9, 1910 in Book 270
at Page 502.
10. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent
recorded March 27, 1925 in Book 333 at Page 177.
11. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted
to The United States of America, as described in instrument recorded August 8, 1951 in Book
1308 at Page 579.
12. Oil and gas lease between Ruth F. Drake and as Trustee of the Ruth F. Drake Trust, dated March
27, 1984 and C. Elmo Brown and Tri-Peak Ventures, Inc. recorded July 24, 1987 in Book 1164 at
Reception No. 2108206, and any interests therein or rights thereunder.
NOTE: Numerous instruments of record indicate that said Oil and Gas Lease may have been
extended beyond its primary term by discovery and/or production of oil and/or gas upon subject
property or upon lands unitized with subject property.
13. Terms, agreements, provisions, conditions, obligations, restrictions and easements as contained
•
in Warranty Deed, recorded April 19, 2002 at Reception No. 2944542.
• •
Commitment No. TNW50000867 C-2
14. Terms, agreements, provisions, conditions, obligations and easements as contained in Recorded
• Exemption No. 0705-10-2 RE -3358, recorded September 27, 2002 at Reception No. 2990831.
15. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted
to North Weld County Water District, a Political Subdivision of the State of Colorado, as described
in instrument recorded January 15, 2004 at Reception No. 3144707.
16. Matters as shown on Rezoning Plat for Peace Haven Estates MZ-1025 recorded April 21, 2006 at
Reception No. 3381237.
17. Deed of Trust from Robert L. Parsons to the Public Trustee of the County of Weld for the use of
Centennial Bank of the West to secure $150,000.00, dated April 15, 2005 and recorded April 27,
2005 at Reception No. 3281037.
NOTE:
The following notices pursuant to C.R.S. 9-1.5-103 concerning underground facilities have been filed
with the Clerk and Recorder. These statements are general and do not necessarily give notice of
underground facilities within the property.
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at Reception No.
1979784.
(c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 at Reception No. 2175917.
(d) Western Slope Gas Company, recorded March 9, 1983 in Book 990 at Reception No. 1919757.
(e) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 at Reception No.
1874084.
.OTE: Pursuant to C.R.S. 10-11-122 notice is hereby given that:
(A) The subject property may be located in a special taxing district;
(B) A certificate of taxes due listing each taxing jurisdiction may be obtained from the County
Treasurer or the County Treasurer's authorized agent;
(C) INFORMATION regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: If Schedule B of your commitment for an owner's title policy reflects an exception for mineral
interest or leases, pursuant to C.R.S. 10-11-123 (HB 01-1088), this is to advise:
(A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party holds
some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
(B) That such mineral estate may include the right to enter and use the property without the surface
owner's permission.
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of
either the Insured or the Company. Upon request, the Company will provide a copy of this clause
and the accompanying arbitration rules prior to the closing of the transaction.
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' Issued by
Transnation Title Insurance Company
girl LandAmerica
Transnation
COMMITMENT FOR TITLE INSURANCE
Transnation Title Insurance Company, an Arizona corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or
policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest
covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of
Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been
inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and
terminate six (6) months after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized
officer or agent.
IN WITNESS WHEREOF, Transnation Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized
officers, this Commitment to become valid when countersigned by an authorized officer or agent of the Company.
Transnation Title Insurance Company
Attest:
Secretary
S
CONDITIONS
By:
President
The term mortgage, when used herein, shall include 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 proposed 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 matter, the Company 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 Commitment 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 reliance hereon in undertaking in good faith (a) to comply with the
requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered
by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for 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 or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified
herein.
4. Any 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.
ALTA Commitment 1966 (Revised 7/1/06)
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Transnation Title Insurance Company
NOTICE TO PROSPECTIVE INSURED OWNER:
Re: Mechanic's Lien and Gap Protection
This is to advise that Transnation Title Insurance Company makes available to its
prospective insured owners, in conjunction with their Transnation Title Insurance
Company policy covering a single family residence, including a condominium or
townhouse unit, protection against mechanic's liens. This protection is not automatic
nor given in all cases, but is subject to the Company's Underwriting requirements,
and does not cover those liens which arise out of work contracted for or entered into
at the request of the insured owner.
These underwriting requirements include, but may not be limited to, the following:
1. Receipt by the Company of agreement(s) indemnifying it for any loss
resulting from its granting of lien protection, executed by the seller, contractor or
others who might have incurred debts which could result in mechanic's liens;
2. Information concerning the solvency and whereabouts of the parties set
forth in Item No. 1, possibly including financial statements;
3. Evidence of payment of any bills which might have been incurred for
work done on the property, depending upon the length of time elapsed since the
last work was completed and what remains to be done;
4. In the event of extensive recent construction, whether on all of the
improvements upon the property or not, additional items required may include:
(a) the Company's review of the owner's and/or builder's history relative to
construction projects previously completed or presently under construction; (b)
review of the construction loan agreement, if applicable; (c) review of any
performance or materialmen's bonds concerning this construction, if applicable;
(d) payment of the appropriate charge for mechanic's lien protection during
construction, if applicable.
This is also to advise that, pursuant to Regulation of the Colorado Insurance
Commissioner, every title entity shall be responsible for all matters which appear of
record prior to the time of recording, and subsequent to the effective date of the
commitment, whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was
closed. This does not include those matters created, suffered, assumed or agreed to
by the insured. The prospective insured is advised to inquire of the closing entity as
to whether it is an office of Transnation Title Insurance Company, or is an
independent agent which will be the responsible entity relative to the closing only.
245
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Notary Public
ATE OF COLORADO
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1111111 11111 11111 111111 till 111111 111111III111111111 illl
3295245 06/15/2005 04:08P Weld County, CO
1 of 1 R 6.00 0 0.00 Steve Moreno Clerk & Recorder
QUIT CLAIM DEED
THIS DEED is made May 26, 2005 between
Robert L. Parsons, of the County of Weld and State of Colorado, of the first part, and
ROBERT L. PARSONS and ARLENE M. PARSONS, Trustees, or their successors in trust,
under the ROBERT L. PARSONS LIVING TRUST, dated November 10, 2003, and any
amendments and restatements thereof, whose legal address is 40455 Skylark Dr., Fort Collins,
County of Weld and State of Colorado, of the second part:
WITNESSETH, That the said party of the first part, without consideration and solely to convey title
to a family revocable living trust has remised, released, sold, and QUIT CLAIMED, and by these
presents does remise, release, sell and QUIT CLAIM unto the said parties of the second part, all
the right, title, interest, claim and demand which the said party of the first part has in and to the
following described lot(s) or parcel(s) of land, situate, lying and being in the County of Weld, State
of Colorado, to wit:
LOT B OF RECORDED EXEMPTION NO. 0705-10-2 RE -3358, SITUATE IN THE NORTHWEST
QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO;
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title,
interest, and claim whatsoever, of the said party of the first part, either in law or equity, unto said
parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such
survivor forever. The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the said party of Jha.&$A,part has hereunto set his hand and seal the
i.
-
day and year first above written. \,- L Me• gTs ;
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L. Parsons
COUNTY OF LARIMER
9� BLICPn
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The foregoing instrument was acknowledged before me on May 26, 2005, by Robert L. Parsons.
Linda M. Bath, Notary Public
My Commission expires: State of Colorado
My Commission Expires 1/16/2008
Witness my hand and official seal.
273
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•
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t trs the ye¢i' of cams& one thoas ht hundred and r 57 Ay y,` ,o
----------
6.1Ta
zaazmcmvasm 1
ra �✓r
comK,i_sf.'Fr'° q .Y+�stiK�1 r{{ - f r�i,-e-
salROmrcw�, S.rm.aL.Deor
and State of Colorado, of the
,
of the County af...,.fl.�c� first
._._:.....__-.- part, and v/lw.eUvl4nsi °v iliJ.r...F D. a.cr.�s'am%rte.-.e., ./..j:-r�.,c•-ecG
df the County of /.w: -,f
part,
and Stair of Colorado. of the .second
Aillitnesoetit. That the said part g of the first part. for and in r=on r 1 r n+rr r nil ±11,41NU in of
DOLLAR/.
Jttatheeaid park,/of the first part in hand paid by the Darn tart i of r r+•• / r the receipt Ir hr re 07 z.
`'hereby confessed and acknowledged, ha r� remised. released sold /nveye r and r11E lJ au.r igl th.e.,
Z resents' dals-frentise, release, .re1Z convey and n73T-CL.3L,tI awry \ar r 'el the second pad.
artatentirksirsanti aesig'ns forever, all the right, title, interest. alarm. and d...cn 1 r, it h. `he satl par! r,roj tier
''.first: part haaiin andto the following described "r_e_aflierteridetZLe Hod ono Net County of
Weld, and, State of Colorado, to wit.; / /
D 1'
n�,grtrcle Ccf a de f.,s�d !Idv 4asc6,fvuj'// LLfI .4.,te
-1.78411'', in, d rrlflet Q[i /�i.,«L7i. 11-ea..e. tn1 tteete ° .: the C44.0
..
? - - c�
'J L'
go -gang and to gold the Marc, Together with all a.nn:::i:r.,.:.
,7':eYciito-•belpngimo or in anywise thereunto appertae.eray. euo 1l'
'whatsoever, of the said part of the first past, either,:'. lab or
of the said pccrst„ei of the se and part„it decee,aaa, e' So -at
111 iiiscit4ss Itighterof, The said path, of the /ir.st Ind; uai a f,,..
seal- the day and year first above written.'
acorn, ADALRD AND DRLTRRND IN PItKANACA t, a' \
STATE OF LORADO,1 ss
_Eovarr aR afr.Z:.
• ,in..d pri ilee's
ad l.r ctr2.4irlatnl-
r t rn:e.l hehcof
;:anti- and
����/av
/..(.CLvll-an�e d44.diiaareeu.-.r, t✓tame .?u.
4, —Wiz^----
;..,.:. _.<D.,D11-;mc..u,,;.,.baths ,. _4,42
.iia:n.eflo.ee,wio.no..aa e< -au.... front., 'al..Dneet l^ uW .a.. a re.p°
awl out of l.uiutal huheW,cvY We meuuu eN
W trtn'a uunn,labDly exe ei 1
appeared before ue um
-tJ
WARRANTY D E E D.
THIS DEED, made this 27th day of July in the year of our Lord one thousand nine hundred and sev-
en between Myrta Carroll, formerly Nyrte Carlton of the County of Weld and State of Colorado, of the
first part, and The Water Supply & Storage Company, a corporation of the County of Larlmer, and
State of Colorado, of the second pert:
WITNESSETH, that the slid pe^ty of the first part, for and in consideration of the sum of one
hundre d seventy & 20/100 dollars to the said party of the first part in hand paid by the said par-
ty of the second part, the receipt whereof is hereby ccr_esaed and sc?mowledn5ed, has granted, bar-
gained, sold and conveyed, and by these dse ,,_rout, bargain, sell, convey and confirm
unto the said party of the second port, its successors and assigns forever, ell the following de-
scribed lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado,
to -wit: -
Beginning on the w est line of the NW& of section ten ;10) township seven (7) north of Range
sixty seven (67) west of the 6th P.X. 221 feet south of the :T corner of said section ten (10)
thence by true bearings variation 14° 30' east es folbwrs: S 52° 43' P 307.5 feet; thence S 44
•E 100 feet thence S 36° 30' E 100 feet thence C 3_° 47• F. 100 feet, thence S 29° C0cast 600ieto
thence S 25° 50' east 400 feet; thence S 7533° 4J' 130 feet, S 45" 2r' - 300
" S 42° 35' " 700 . 55 4l3' _ - S 57° 30' 100 '
" S 83° 30' 100 " AN 8g° 4' 412 " N 81' 05' " 100
" N 82° 30' 200 " to the canter line of salt section. ten (10) 2370 feet, south of
the z corner on the north side of said section ten il0).
The total length of the above line is 3707.5 feet.
Arta contained in 100 toot right of way,50 feet on each side of the above line is 8.51 acres —
Said right of way to be used by the party of the second pert :for an irrigation ditch.
The said above description is described according to a plat hereto attached and made a part
hereof.
10
44
•
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in
anyw gas appertaining, and the reversion and reversions, remainder and remainders, rants, issues au„;
terest, claim arm cemanc whatsoever of the said
r-ofits thereof; and all tie estate , right, t. .__ --•-
part y of the first part, eithe r in law or ex: i'.r, c in and to the above tar -rained press ses will,
the hereditaments and appurtenances.
TO HAVE AND TO HOW tile said promisee :.,; ebargained and described, with the appurtenances,
un'M the said party of the second part, its soccer:sons, and ass is forever• And the said Vrta Car—
roll formerly Myrta Carlton, party of the f.__ on h er he -* s, exedutors and administrators,
does covenant, grant, bargain end agre e to and +._ ,. _ said party of the second part, its suc—
cessors and assigns, that at the time of the ensea'irg and + of these pr =a -
seized of the premises above conveyed, as of good, spa-, perfect, absolute and indefeasible estate
of inheritance, in law, in fee simple, and has good , and law fnl authority to
grant, bargain, sell and convey the same in nannor 'or- ad; rezioc, and that the xne are free
end clear from all former and other grants, bargains, ,ale-, Melts, ones , assessments and innunbrarr
ces, of whatever kind or nature never and the ab .. :wine- _ ,._sea in the quiet and pe seeable
session of t he said party of the second part, it: r-c'e go--rs ant ^smogs, eve.;
insb all and eve
III- v_o.
son or persons lawfully claiming o: t„ -• the •• t. rl :.nereot -.be„said party of the
first part shall and will warrant and forever d _.0.•
IN WITNES S',IHF.REOF, the said party of toe first :^as `.loll ont_ set her :and td seal the day
and year first above writte n•
Signed, sealed and delivered in presence of
STATE OF COLORADO,
County of Larimer•
._ Carroll, (Seal)•
William T. Lewark, a Notary fublip in and f ea_.: Connty, _-.tne State aforesaid, do here—
by certify that Myrta Carroll personally ictoon to me to be tee person \those nac Fs subscribed to
the annexed Deed, appeared before me this day in parroti and s_._,,.._. ech that she signed, sealed
end delivered the said instrument of writing as ter free art '::lunt.ry act, for the uses and pur—
poses therein set forth.
Given under myhend end notarial seal this 27th day of July A.D. 1907.
My commission expires My ccmmission expires January 17, 1909,19
William I'. Lewark, Notary Piclic.
�No• 121, 493.
Filed for record at 4:30 o'clock p•N. July 30, 1907.
•
Chas. Davis,%Recorder.
5y A. J. Luther, Deputy.
502
corer-ar.sna ➢SL.Oot Woo YneawC and sWi ei.,y Cae., Bey. CwnJk Spa en. cd".
IYO..I,f/44, -
QUIT -CLAIM DEED. I
ky
at -
ISTATE OF COLORADO,)
COUNTY or Wstn.
This Qua -Claim Dry! cog laud ;or red m
ortati_G.:I,_,: fu f �..I/44Q
E4is Deed/ Made this _ t
in the yew' of our Lord one thousand ,n a hundred and
day of. /�Ue-76,-
between .__. _.--.__. _.__
j% . s
anr! & le o Colorado, of the first port,
of uw County of La%Lt%�' �' a i 1 1
and_ _ _ ._. _ ..._. __..... __._
of Me County of _ C1ivOigerZ-_._ _ .- .and Stale of Colorado, of the .second prop
/ IV ITSd5SlfTIJ. Thad the said port.,"i__ty rho finl punt, jot' 0110 in ohetlierrdian of the
yorrm of
-'.e.. ..a..rl' CJ ..-/.. aG /?f'Gi ___. .____. ..!I .. ..... ..... .... .......Dollars,
la the said part. ts of the jvK port in hand paid by he said yatl u' / 1 :rrtt ; part, the rot: pt o hereof ihereby radesyrd and l: orldpe_ I _iC-_
remised, release!) sold, cmueyed and QUIT-CLA1MED, and by flee orrnMo do_ c retaise. "dross. rff oarrJ tun/ (/1 ! -OLA l.II nolo the sold
of the second part,d4,,icerreddre lgsirsycst,actignefreuer all the right, tide, initorgf ehiler!Ihehe :char the said; l -if_ of tic last part ha
in and to the following described. /c/f +nlr a.c /yti J co n beiog ,n the (.manly Of 'Void, God Stale aj C;iorad , lo-a+i:
.',dv
c d,fr ffi/ �t�-r..>C �.a_ raG'. a .. c -i
,uN4d/ur/a-/a
//,;;72/' J --ti 7/fir -.� tR,r=r1/ 1,-c .. dL LW -OO(' c.! n%21R1 �%�-�N- cW,4-2
a --LL/ �%i! Sep. ivi'f <cc't?'
(-1/40 i si.:>�.ve-..err �isL
efincain'„' ' ddre ora� ./cr.L 4j� r cY
TD HAVE AN H TO HOLD VII E dAil Pi, 'ID/04-wit, rill rrlaLrf' liw to orolcondoo, ood pro Ago C ( la !cc , a dray,
appertaining. and Cl the eyrie. right, fir rest and wino rrhot oc-cr y the and parr qr the r--aa part. "Ober in 'a , tt to, la the onr ?•apc
benepl and bahao/ of the saiid part . r!:: - the �•ecwal prof,y O&sue.-<Q'sri! _ _-iota' nod at
INIVITN ESC lV!!ERF.0laThe ca-/ pencil,. -of Orditt part hererrr r... rn,„lid saps d.J rtrt gear Wrstparcsraloo.
•�
L1�N'K i//U g/P/!Aklff. AY /y
in the litateciforesoid.do hereby cerrfy thN___ lr--r��� i,?//' re
STATE OF COLORADO,
o
w�
^.:._'.. .114 and fON�t'atd^liOafrly,
�e,‘-✓A. .persthasily burn m the r. -A-. the 7;er xan ulevro newt_ L✓ xubxe.'rbed W .lw �""� �onrc ..dead.
appeared before wee Iodrat inzryp and acknowledged that -d70c ._ __.+ mi. sealed and delivered the :Ord ins/noon/ of let-i,q -.--
free and calordary a 'ortf.,.,.,eo a,�a rrrroees therein setfaith.
el -Mt
ime l-- ithaw.wnwlei stye h r its d-andthart-dw does not wash tnrmnctth
r t.en condor toy hand and /r e✓ada'e44 neat this -O day of /•�°O-�`/ t"dP_
fIc/amzrisxlmrerptres_tt�e_.rf/,"+-,�'/Spy ..._�.. .�— n -,,
r a..r 1 !too—. or.3nr..,..�.yl../n,,:
%✓ (4i <._..___:
T
st rMBne=^B Butlamry Ce ..cabMwB ern, rgre:
H -E UNITED ;.TAT:ES; OF AMERICA.
To all,Whora these Presents shall come, GREETING
mestead Certbicate No ?, '19.. .. -.
APPLICJTION:i:.1 1 13 Whereas, There has beendeposited in. the General land Office of
whereby it appears that, pursuant to the Act of Congress approved °0th llay,15U°, "TO SECURE Hi) 11h'STEADS.
TO ACTUAL. SETTLERS ON THE PUBLIC DOSIALY," and the Acts supplemental thereto, the claim of
qJ. ehas been established anti duly consummated,
in conformity to law, for the..?1o:• tee..— -trrteiarta:Gi.. ail =�;,.=L,_ n $.... a,., u,.„euk-k-N 0.14,,_:
4:0-4)<)k-4-' 71 rrii., .14()_. (lpc, -104.121.-1(f kav<e.. .w� rt Ja..S�..,et.� Ji. .w- �✓x,� h'.1�-._��-.
0
Ce'LOLG E4-, v.. M.vwv�R 6—.w .�..e-+,��r"'SS�� e_ veo% ,Omy'f,A
United States -a Certificate of the Register of the Land Office at
•ordiag to the Official Plat of the Survoy, of the, said L-.uri. rrtnrned, to Ihr. General land Office by the Snoeeyar
General.
f by the U.7�'I77t1) S'i'.ITES nat-i the saint_ — NOW KNOW YE, That there cs, tJtere bee, �ra.nMd
the tract of land
above described: TO HAYE A.YD TO HOLD the said Trott f line 1. arilb /he tyharthutneesteeter, unto the said
............
.. _. eri-
¢na to '2 to-.. ...harts and assigns fore nr: subject Po any n Ind Nate r. rnmxo d, a:W.ar un4fs t�., matetu+, a_
cultural, manufacturing or other purposes. rr.uti tights lo rlilrnen (fuel 'vs r. Ivs aced cn. uinucut ion . with .such
water rights, as may be recognized and tudalo eledgwl by the lirr. ;a.v/ is,. 'dlr.,: and. l uo'inns of Courts, and also sabjeel to the right of the proprietor of Si. vein or loan toex: r c. mud r .7r., me have/vine. should the it
same be found to penetrate or intersect the /n-rm .sus lawny it'rutteri. as pr, Ha. ad 4y 'a ' '''" r' -
1L< bar lin h, n r< s• -;^h' ^f 'shy ter , her J..t Itt..h.s .r mom,: . r,:7 Ohl :'y the teat:ad icy sr he
frail, t a
Uwttcd S.ese,.
IN TESTIMONY WHEREOF, 1, ttt a o- `r' - _.. President of the
ji, United States of America, have caused these letters to be made patent, and the seal sf the General Lam/. Office to
: be hereunto affixed. __...da
GIVEN under my hand. at the :ay of Washington, i/tv _ti.t'bt. _- y
t 0'
of � /, i“.. r.a. tt t in the year of our• Lord One Thousand.
Hundred and. L% +,.<.t ? ^.' sr—. . ..and of the Independence of t/ct United States
the One Hundred and `�..vs
BY SHE PItESIDEXT:. J ..,.. ... nlv.,w
I)i. 7✓l' Y:..w.-,�.
...._._Secretary..
J:" 1/ tl e-fi , Jrumdm of the General J net Office -
Recorded.
f ...
-r:-t
Filed n Raced the ll 7 _. day of.._ /Yrcw
),
Uowx[V Clerk and Recorder.
/clock..(t,.iW,
no fj.
F0 K,.: •
I N0V.'*0I
LIG S-1351
Qauotion Awi ' f e ff tors so,. A.oea.
UNITED STATES
•
O
•
anax1308 PArE57.9 •
CONTRACT NO: fl1'r ' .27
TRACT NO. V-6
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
CONTRACT AND GRANT OF EASEMENT
(WITH CROP DAMAGE CLAUSE)
THIS CONTRACT, made this /%=hday of , it . (pursuant to the Act of
Congress approved June IT. 1902 (3'2 Stat.. :Gt> and nets amendatory there -of or supplementary
thereto, between THE UNITED STATES OF AMERICA. hereinafter referred to as United States
and Gene Drake and Ruth Drake, Atilt, Colorado
hereinafter collectively referred to as Vendor:
WITNESSED!:
The following grant :old the following mutual ewvenamis by and between the parties:
1. For the consideration hereinafter expressed Vendor don herein' grant unto the 1':;ted
States. -its sucewars and assigns. the right. privilege and easement to coat fort. operate and main-
tain an electric transmission line with :di poles. cross anus, eai4ax wires, guys. •'.tpports. fixtures and
devices. used or useful in the attention of said line, through, over and rerose the following de.c ribef
land situated in the County of Weld
State of Colorado
Section Tan (10),
. to wit: The North half of the North hail (et),
p iwuship 7 North . Range 67 West of the 6ti
Principal Ina ridian.
The center line of the route of sdd line of poles and wit's to be ens _--ex; across said :L'a'gs shall
4• be as follows: beerwl k at a point on the West line of said Section 13, Se'_:,-
47.5 feet South of the Northwest comer of said Section 10; thenco :oath 69'3'-'
East a distance of 1276.2 feet; thence South 89°47' est a diatarce c^ 396;._ Yee+u,
more or less, to a point on the East line of said i1R , being 5?.5 feet South of
the Northeast comer of said Section 10.
•
BOOK1308 PaGF580 •
•
2. Said tradmrissiot- line and -every part thereof shall, where it cremes vendor'sland. be von -
fined to -lands within. 37.5 feet of either aide of the hereinnbove described center line. (xeept
that the fitted States shall have the right and privilege of placing and nutintainingguys and
anchorages at greater distances frostsaid center line where reasonably necessary to support tut
transmission line.
3. The grunt of basement, herein' contained shall: include the right toenterupon said premises.
survey,'coastniet: maintain, operate. control and use -said -transmission tine and to- remove objects
interfering therewith, -and, the;right:' to- pernrit-the attachment of wires of others. Vendor resents
the right to euttivate,'_tite and`oeeupy said'. premises for any -purpose consistent with the rights and
privilege. alave granted aad which' will, not interfere withor endanger any of the equipment of the
United Statesor the use thereof: In caseof permanent abandonment of said right, of way, the :title
and interest herein granted shall end cease and: determine. The United States shall use due rare in
the construction and maintenance- ofsaid transmission flue.
-I This contract is made subject to- (a) any coal or mineral rights reserved to or outstanding in
third parties aLLhe-date of this-:eeettatet' and ibm- any esusting rights -of -way ' in favor of the, public
or third -parties for roads, railroads„ telephone. Imes. transmission Imes. ditches, conduits, or pipe lines
on over or acromt saidland, including all rights -of -way heretofore granted the united States,
8- As complete consideration for the above grant of easement, the United States agrees to pay
Vendor the sum of Six manic d. Iinet r.eeren and 10%300 - - ----- - - — - -
' dollars ($ 697.10 )
it id further agreed that the vendor shall be compensated ' for actual crop damage or destruction
which maybe caused ley the original construction of add_ transmission' into n: an outcast. not to exceed
Fora Hundred and 00/100 — dollars (t ){00000.. .. ); upon the condition that, +. nh in sixty
(MI) days after the venabe has been; notified by the hurt.. of Reclamation or the completion of coil
striation of the transmission litre, the vendor tall svfonit an itemised rialto cc -rap dam, ic to the
I District Manager, South Platte titer District, IFrtm eau of -ni I mfl n t s, shall... n asivcle
detemmnethe extent of the datoage suffered and the anoint e; compensation to he pc..' I . e rvnoucr.
•
•
3
nod 308 LAGE531 •
ii. No member of or Delegate to Loupreos or Resident Commissioner shall he admitted to any
share or part of this contract or to any benefit that may arise herefrms, but this restriction shall
.be construed to'extend to this contract if made with a corporation or company for its general
it.
Is WITNESS \VItRi:PAW. the parties hereto have caused Ihls agreement to be cerrnted Ihr dny
and year first above written.
Till: UNITED STATES DE A tI ERIt'.\.
Ry
Acting District Manager, t+ueeou or RAammmn_
Vendor.
Vendor.
•
Gene( en:cr.
(Ruth quiz i o.
till rr... i%wtrL..b.vwQr34Q
rend
BOOK 1308 PAGe 582
CERTIFICATE OF ACKNOWLEDGEMENT
STATE 01 COLORADO,
•WNTY (IF ._k. r41
19.7,.. I,tf,,e me per:molly
On this.._L.%t'} tier of PP�7....lx
t Drake,.
appeared zn�x...Ara'se.. a a,:} ,h
known to me to be the nersun_.B described in and who rx•.euled the
Instrument :and
arktiowledgud.tite that the`f executed the same.
Lt ;14
R t'Eudasin sea I the day and year last at ate written.
R
)ty: CO
STATE OF
COCNTY OF
On this tiny of 1'1 I,,efore me personally
appeared
i
rarch 22, 1974•
Notes, Public
CERTIFICATE OF ACKNOWLEDGEMENT
ss
known to me to he the person.... deaeribed in and who exretted the forleoine instrumenfiand
teklowledged to me that executed the sniuv.
Witness my hand and seal the day and year I sat ubuVe w rat en.
sto0o t≤ -;—an
•
31v Commission Expire
Woody Public
CERTIFICATE OF COUNTY RECORDER
; sI hereby certify that this c_.. -.anent ices. filed :or record at STATE OF . -_ my office at. n'rLrek. '-i..
COCNTT OF i and is duly recorded in Peas
Page No. Re •eptton No
By Fn-.
County Recorder.
•
1
AK2106206
AMERICAN ASSOCIATION OF PE M LANOMEN
ApfOwID SORIA A.A.P.l OEI
MAY $1 ORDERED DIRECTLY FRO E PUBLISHER
SU OTEal1 PRODUCTS. BOY SOO, TULSA, OE 74101
AAPLi. FORM 681
OIL AND`GAS LEASE
COLORADO-SHUJj MALTY, POOLING
P 1164 REC 02108206 07/24/87 13:09 79.00 1/C'03
F 1325 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO
THIS AGREEMENT made and emend into this 21 An ref.._.— _— _3fL_..__.._ 19!s=__ by and hetwr.e
gat+h c "ralrp lndI saidun ily and Ty -'cane o° tip Ruth 7 Drake Tryst dater' if a7/84, hereinafter
called Lento (whether one or more) and r tcon ' n+nwn 74/4 So. Ada * _ . n. 8 Coi0210 jtaaci
m-1-Lpak 'tpntirpdTrc - 2345 So. wt111ars St.. Denver. Colorado 80210 (SOa;)
hereinafter called Lessee lwheeher one or morel.
WITNESSETH:
I. Lessor, for and in consnderation of the sum of Ten and iiore**r* Donate hand paid, she rnyaleit, provided
herein, and the covenants of the Lassa. hereby erann. leases and lets exclusively to Lassa the land described below for the purpose of investigating.
imploring tor. drilling for. producing. saving. owning, handling. storing, treating and transporting Oil and Gat together with all rights. privileges and eau•
men useful foe Lessee's °peraeum on said land and on land in the came told with a common Oil and Gas Reservoir, including but not limited to rights
to lay pipelines, build roads. conseruc% tanks, pump end power stations, power and communicatson lines, houses for at's employees. and other structures and
facilities, and the right to drill for, produce and use fresh water. The Pouts "Oil and Gat' as used herein includes all hydrocarbons and other substances
produced therewith. The land included no, oho Lease a situated in ,le1d County. State of Colorado,
and is deuribed as follows:
Iownshtp 7 !forth - Range 67 .+est
SectLtn 10 Nil
„Z2 2.7.r.IBIT "A" ATTACHr:D hI LTO.
including all Oil ern Cos ai.i .ubsuncn produce.' . with underlying lakes and 'creams
m of which all or any part of the land is riperun. all roads,
enema n, and righra.si-wan 'wwhich noun. or adioro i_idelend and including all lands owned or claimed by Lester as I part of any of and land. and including
all I<vag, :.:y rights therein, said land containing 720. 00 acres mare or IeInsThis lease covert All the Interco now owned by, or hereafter
vented in he ue
he Lessor and Lnr releases and w all nghu m under any HonrradE tempt ion Law,. In ulculatinl any rhyming, baud on *eruct. Lessee
may conuder that the land contains the acreagegraced above. a hether it actmall y -contain, more or less. Lane may inIu water. salt water. en or ocher
subaaneo into any stratum or errata under tend land and not produce an f rash water. n
Z. This Lease shall remain in farce for a period ofdjkkn�a'5a,c'lodIs e, from this dare, called "primary tern". and a, long the re, Oil. Gas or
•
Hydrocarbons and substances produced therewith are produced from solo land. or Lessee in engaged in drilling or reworking openunns on tail land,
f. Lessee shall pay royalties to Lessor an follow: (al a 'aghth ('; oh) of the Oil produced end caved from said land or be delivered it the wells or
o the credo of Lessor into the pipeline to which the well may e'er connected: Levee may, at any time or times, purr hoe any royalty wl. Paging the
market nolu< in the field on the day it is run to the nonage tank, orpipeline: Ibl the market value an the well of one -el eh th I'Lib) of the gas (including
can ghead gas or other gaseous substances) produced from the land and sold. provided that on gas sold at the well the royalty than be one -*cinch 1 ' .eh I of
the realized from ouch sale: Ica one ttneh 11/10 thl of the *mount realized from the tale of any other lastances produced from said land with
Oil andamount Cu.
Where there h a gas well or tells on the lands covered re by t e Lease or acreage umdaed therewith. whether it be before or after the Primary
Term hereof. and such well or well, are shut-in and there is no other production. drilling opennons or other operations being conducted capable of keeping
this Lease in force under any of its Provisions. Inset shill pot as roysl sy to Lesser land if it be within the Prim sty Term hereof such payment shall be
in lieu of delay rental,. the sum of one dolor I Ill per year on mineral a such payment to be made to the Depositor Bank ;animator n coed on
or before the an rury date of this Lease neon umg if or else e. piretian ofrer0 Jays from the date soh well or wells are shutin, And thereafter on
the anniversary date e of thin Lease during the period such well, a .hut'in, and upon ouch payment chill be considered chat thin Luse is maintained in
full force and erect. Lessee may use. free or royalty. oil. gas, andvarer for all operation% hereunder.
a. If drilling operationsart not commenced on old land on or before a 0Y Z?- 19 Be the Lease
shall terminate unless Lessee. on or before that date. shall pay or tender to Lessor, or to Lessor's credit in the
'a "-ern :;at'Oral Bank at Ault. Co2ofldo
or any ,actessor, the sum of Three 'iur.dred Twenty and N0/100' s -------Dalian 14320, 00/zxxxrxA which *had d
for one III year the rime within which tech open lion may be commenced. Therafter. annually. in the name n and upon the Jame payment or tender
called Rental. rho Lease tratiomay be continued in forte and such OW Minns Again deferred for N sae period,of one ( I) year during toe Primary Term:
Provided, that if any Oil and Gas shall be produced from or any drilling or re.working operations conducted on said land within ninety 1901 Jan prior to any
ono -emery of %hie Lease during the Primary Term, the rental occurring on luch anury date shall be mused and this Luse I hall continue in force as
though inch rental cad been paid. Such oar. shall be commenced when the fire, materiel is moved in r the first work done re Pavane a or tender of
cols may be made by mail-ne or delivering ash. or Lessee t cheat or draft to Lessor. or re
to the Depositor Bank an or before the date ai payment. If the
Deposor Bank fads or refuse, to accept the rental this Lease ,hall nor terminate. nor Leone be held in default for failure to pay rental unless Lassa fails
to pay inch rental for thus) m at ,101 days after Ln.hdebvered to Lane a recordable instrument designating another Depoutory Bank. Any Bank dole•
jointly to the credit of all parts., having any inorrn ts. At the option of Lessee all rental payments may be made to
Ruth F. Drake, of =0615 .d C.,l. 21, Ault. Colorado 80610
one of the parties named herein as Leo or. If Lora shell in good :- :. del:etrae Attempt no pay or., rental but fails to pay or in
tidy pay, pan of the tined. thin Least shall m e unless Lnue fails to rectify the error or feel ire within thirty e (II) days after written notice
of the failure, lone may a any r or t'Lannon , this Lou as all a any part of tner land or as to any n m or nun. by mailing otendering
to Lessor or to the Depositary Rank or by filing areleau or releases in the County Record,, and thereof be moved of all obligations as to the portion
surrendered, after which the rental mall be reduced in the tame proportion the acreage is reduced.
r. Loan may at any time or time" pool any pare or ell of said land and Lean or any mourn or ia other lands and Later, ,mtum of
rots in the UM field so as to constitute a Tacos unit to facilitate an orderly or uniform well ,posing pattern or so comply with any order, rule or
regulation of the State or Federal regulatory or co n Agency having iu risdiction. Such pooling shall be accomplished or terminated by filing of record
a Declaration of Pooling, or Declaration of Termination s of Pooling, and by mailing Of tendering a cagy to Lesor, or to the Depmltory Bank, Dulling or
re.working operation. upon or production from any part of such ,pacing unit,hill be considered for all purpose, of this Luse as operaeaons or producnans
from this Lean. Lean shall allocate to this Less. the proportionate share of production which the ureae< in this Lease included in any such spacing unit
bean to the total asrsagr in sand ,Pacing unit.
B. If at any time or times after the Primary Term or before the expiration of the Primary Term all operations, and if producing. all production
.e for any cause. this Lease 'hall not rermi f Lents commences or resumes any drilling or re -working operations, or production, within ninety (90)
after ouch casacan: provided that payment of rental as herein provided for shall be resumed if such caution occun donne the Primary Term, which rental
shall be in addition to eny royalty paid. Lents may. .n the interest of ec Lost omy, commingle production from this Lwith production from OM or more
Loser in the same measurement
held provided a method of m ent in acordance Keh nrabldhd engineering practices in used to measure the production and to
allocate the production to the respcnve Leases commingled.
7. Leone shall pay for all a Imago c and be Lessees operations to growing crop,, building,. irrigation ditche, and fences. When requested by
the surface owner, Lowe ,hall bury pipeline, below ordinary plaw d fpm . cultivated lame. No well shall be drilled within two hunderd (:00) int
of any residence or barn now on on land wishum the "mono of the °wage owner. Leon dull have the rght at any nine all Lessees properly
and fixtures, including the riche to draw and remove all .nmg. L hall drill any well wroth a invariably prudent operatorn would remove
under the same
B 1164 REC 0210820 7/24/87 13:09 J 9.00 2/0
F 1326 MARY ANN FE EIN CLERK & RECORDER WELD CO,
or miler circa to prevent substantial drainage from raid land by wells located on ottomans land not owned by Lesser. whensuch drainage as not
compensated by nrouneerdeai subject to the continuing right of the Lame to release all or part of the lands covered hereby a provided for in Paraenph
four (45 abort. No default of Lana with respect to any well or pan of the land covered hereby shall impair Lenses rights As to any other well or any
other part of the lands covered hereby.
s. The rights of Lessor and Lessee mar be assigned in whole or in part. No change an ownership of Lmor's interest shall be binding on Lena
until after Lome ha been given notice comment of terrified copies or recorded Muniments or decimetres neceseery to establish a complete chain of title
Lemon
from LeNo other type of notice whether actual or constructive. rhill be binding on Lessee. and Lessee may continue to make payment. as if no chant.
occurred. No present or future division of Lasois ownership as to all of any part of said lands shall enlarge the obligations or diminish the rights of
e. and Lessee may disregard any such division. If all r y pars of Lessee's intents is assigned. no leasehold commis.
owner shall be liable for any act or
of any other leasehold owner. and failure by one to payanrental shall not affect the nehn of the others: rental is apportionable in proportion to
rage owned by each leasehold owner.
9. Whenever. as a fault of any cave reasonably beyond Lessee's control. such as fire. flood, windstorm or other Act of God. decision. law. order, rule.
or regulation of any local, State or Federal Government or Govnnmenus Agency. or Court: or inability to cure mar material or transportation. and Lases
is thereby prevented from complying with any aorta or implied obligations of this Lease. Lessee shall not be liable u amens or forfeiture of this Lease, and
Lessee's obligations shall be suspended so lone us mach rum persists. and Lessee shall have ninety (90) days after A caution of such cause in which to
resume performance of this Lure.
10. Lessee may at any time r tines sanitize all or any pert of said land and Lear. or any stratum or strata.' ich ocher lands and Leases in the same
field so as to constitute a unit or emu wherever. in Lane'. judgment. such unitization is required to prevent wore or promote and enematae the conservation
of Oil and Gar by any conperaive or unit plan of development or operation; or by a cycling. prarvre-mantenanee, reprenueine or secondary recovery
program. Any such unit formed shall comply with the local. State and Federal Laws and with the orders. rules, and regulations of Sate or Federal repair.
coniervatise agency having saridrttion. The site of any such unit ay be increased by including acreage believed to be productive. and decreased by
acludv.v a( . u babend to be anprdr ugtras. u tai which do not jean the unit. but any such change resulting in an inreau or decrease
of Law: s royalty shall net be retroactive. Any such unit may be established. enlarged or diminished and in the shame of production torn the unit are
be abolished and dissolved by lame of record an instrument so declaring. and mailing or tendering to Lessor. or to the Depository
Bunk. a copy of such sin .
ment. Drilling or working operations upan on, or production from an. Pof such units shall be considered for all purposes of this Lease a orerationsor
prdu tri.1.-ne from •r' 'art Lyme. r ' ::..n•ew :/, perm v, lam thla :•inc odua in ay rah a a nn a ea nine) part of production from such unit on
any one of the following bun` u) the ratio between the participating aerage in this Lease m suchunits and total of all participating acreage in the unz; or.
lb) he ratio be, wean the quaetia of recoverable production from the land in this Lean in such unit and the total of all recoverable production from all such
Icy) any bass apprised by State or Federal authorities having 'narration. Lessor shall be entitled to the royalties in this Lease on the pan of the unit
production so ellocued so that pan of this Lease included in such unit and no more.
II. Lessor warrant. and raw to defend the title to said land Si to Lessors interest therein. The royalties and rental provided for are determined
with respect to the entire minenl orate an Oil and Gas (including all previously reserved or conveyed non-participning royaltyl, and if Lessor own• a lour
interest. the royalty and rental to bepaid Lessor shall be reduced proportsomtely. Failure of Lessee to proportionately reduce the rental shall hive no tionship to the royalties to be proportionately reduced if production is secured. Lessee may purchase or discharge in whole or in part any sex. mortgage or
hen upon said land, or redeem the land from any purchaser et any six In or sdjdicntion. and shall be submitted to such lien with the tithe to enforce
it, and may reimburse itself from any rentals or royalties accruing under the terms Of this Lean.
12. This Lease shall be banding upon all who execute it. whether they are named in the granting clause and whether all parties named in the
granting clause e. t not. the Lease or no . All Provisions of this Lease shill inure to the benefit of and be bandana upon the heirs. executors. administrator,
succour:succour:and assignsof the Lessor and Lessee.
IN WITNESS WHEREOF this instrument is executed on the data first hereinabove set out.
.Llnigt/ T
Ruth F. Drake, 1.^.d v Trustee
E.oc. Sec. F
_.l.z4 - . 0- U5,37
STATE OF din 4tl /
ice„
''// '' -�dd-� �� 55.
AUNTY OF CL�fA.l.6+ davm'ee
lire foregoing tnserumeya-vas ac iowleorskp before int this / day of 19.11
by
Wicnesa my hand and official seal.
My GO aieH6ytnr•
f'it> ry
4\5'90
mi m h .( <.
re IS. sees
sfltr.
{ OF..ti ss
COUNTY)OF •••
The foregoing instrument was acknowledged before me, that
}
55.
Public
day of_ 19
by
Witness my hand and Official seal.
My Commission Expires:
STATE OF t
COUNTY OF
U.
The foregoing instrument was acknowledged before me. this
Notary Public
day of 19
by
Witness my hand and official seal.
My Commission Eo pares
STATE OF _
SS.
•UNT "
Notary Public
CORPORATION COLORADO
' Or
1
The foregoing Instrument war acknowledeed before methis day of 19
by Pres dent of
a Corporation.
Witness my hana and official seal.
My Commission Earnest
1
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4/87 13:09 59.00 3/003
B 1164 MACR 0ANN 206 FEUER
1327 MARY ANN FEUER IN CLERK & RECORDER WELD CO,
EXHIBIT "A"
Attached to and made a part of that certain Oil and ags lease dated
May 23, 1987, by and between Ruth F. Drake, individually and as
Trustee of the Rurh F. Drake Trust, dated March 27, 1984, as Lessor,
and C. Elmo Brown and Tr1-Peak Ventures, Inc., as lessee, covering
the NI of Section. 10, Township 7 North, Range 67 'lest, Weld County
Colorado.
It is hereby agreed that the Lessee, its successors and
assigns, shall pay the sum of $4,000.00, proportionately
reduced to Lessor'•; interest in the surface of the leased
premises, as p: ym, nt for surface damages. Said payments
shall be due ano payable for each drillsite location on
the leaser premises.
Lessee shall make reasonable efforts to locate all of its
facilities constructed or installed under this lease in
such a manner as to minimize damage to Lessor's premises.
Lessee will consult with Lessor as to the location of the
same so as to minimize damages as much as is reasonably
practical. Additionally, Lessee will stay a safe and
reasonable distance away from active irrigation facilities
and open water tarring ditches. As soon as pratical after
well completion, Lessee shall restore that part of the
drillsite not required for production and on abandonment
the total drillsite and access roads, to the best of
Lessee's ablity, to the same condition existing prior to
commencement of Lessee's operations.
Lessor shall have ges free of cost from any gas well for
all stoves inside the dwelling houses on such land by
making his own connections with the well at his own risk
and upon notification and approval of planned connections
to Lessee.
SIGN FOR INDCNTIF ICATION
Ruth F. Drake, lndiv. and as Trustee
co
u)
NCV
W
O -
0 _
O Eci
O
.15
c
•
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1111111111111111111 IIII,0I IIIIIIII III 1111111111111 642 2944542 04/19/2002 01:44P JA Sukl Tsukamoto
1 of 5 R 25.00 0 28 90 Weld County CO
Recorded at o'clock M.
Reception No.
WARRANTY DEED
Recorder
•
THIS DEED. Made this l51e day of April, 2002, between RFD Family Partnership. LLLP, whose legal
address is 11567 Highway 14, Ault, Colorado 80610, of the County of Weld, State of Colorado, grantor,
ayRobert L. Parsons, whose legal address is 40455 Skylark Drive, Fort Collins, Colorado, 80524, of the
/zed
unty of tennis!. State of Colorado, grantee:
(/ W ALD
WITNESSETH, That the grantor, for and in consideration of the sum of two hundred eighty-nine
thousand and 00/100 dollars (U.S. $289,000), the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey, and confirm, unto the grantee, his heirs and assigns forever, all the real property, together
with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as
follows:
SEE EXHIBIT A
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in
any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and
profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either
in law or equity, of. in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantee, his heirs and assigns forever. The grantor, for itself, its heirs and
personal representatives, does covenant, grant. bargain, and agree to and with the grantee, his heirs
and assigns, that at the time of the ensealing and delivery of these presents, has well seized of the
premises aoove conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law,
in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the
same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or
nature wnatsoever, except:
1. For the Deed Restrictions as set forth on Exhibit B attached hereto and incorporated herein by
reference;
2. For the general property taxes for 2002, payable in 2003, and all years thereafter, a lien not yet
due and payable; and
3. For easements, restrictions, reservations, covenants and rights of way in place or of record
(including, without limitation, those set forth in the title insurance commitment (No. LVS 166 211)
issued by North American Title Company, as part of this transaction).
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the
quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or
persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the
plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
Grantor:
RFD Family Partnership, LLLP
Dennis E. Drake. General Partner
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 15'" day of April, 2002, by
Dennis E. Drake, General Partner of the RFD Family Partnership, LLLP, grantor.
My commission expires: Z'4J— O,4 l r s my hand official seal
Notary Public
BUZZ SAWYER
COMM. EXP. 2/4/2004
388C 3-',^1T 11100
LUVEuarvi,, CO 80638
•
I2VIII kill 11111111111 ill 1111111111 III
2 of 5 R 25.00 D 28.90 Weld County CO
•
•
Exhibit A
Legal Description
That portion of the N '/2 of Section 10, Township 7 North, Range 67 West of the 6`h P.M.,
County of Weld, State of Colorado, more particularly described as follows:
Considering the East line of the NE '/ of Section 10, Township 7 North, Range 67 West
of the 6's P.M., as monumented by a'/1' diameter rebar with a 2 /" diameter aluminum
cap, P.L.S. 10740 at the NE corner of said Section 10 and at the East '/ corner of said
Section 10, to bear an assumed bearing of S 00°10'31" W with all bearings contained
herein relative thereto.
Beginning at the E '/ corner of said Section 10; thence along the East-West centerline of
said Section 10 S 89°51'52" W 4605.19 feet; thence N 00°14'12" W 1615.86 feet to the
approximate centerline of the Larimer County Canal, said point being the TRUE POINT
OF BEGINNING; thence along said centerline the following nineteen courses:
S 28°34'20" E 268.20 feet;
thence S 25°40' 18" E 284.65 feet;
thence S 30°29'27" E 167.95 feet;
thence S 45°21'31" E 98.34 feet;
thence S 52°02'47" E 124.51 feet;
thence S 43°41'20" E 765.46 feet;
thence N 01°28'51" W 2372.31 feet to the North line of the NW '/ of said Section 10;
thence along said North line N 89°57'34" W 1601.17 feet to the NW corner of said
Section 10; thence along the West line of said NW '/ S 00°03'40" W 2654.05 feet to the
W '/ corner of said Section 10; thence along the East-West centerline of said Section 10
N 89°51'52" E 646.29 feet more or less to the TRUE POINT OF BEGINNING.
•
IIIIII I1111 III\IU 1111I \�I\ Ill \\I1tl%\ \11 I1\II \111111\
weld cnantV CO
Exhibit B
Deed Restriction
The grantor and grantee agree, as part of this conveyance, to a "no build" restriction on
the property described in Exhibit A for an area one hundred -fifty (150) feet west from the
east boundary line of the property along a line parallel to said east boundary line. The
purpose of this deed restriction is to provide for open space between the property and the
adjacent parcel of land to the east which is also owned by the grantor. The grantor
covenants and agrees to place a similar deed restriction on this adjacent parcel for one
hundred -fifty (150) feet from the west boundary line thereof so as to create a three
hundred (300) foot open space area between any improvements on these two (2) parcels
of land. The "no build" restriction is intended to include all types of improvements and
structures of any kind except boundary line fences.
The parties agree that this deed restriction constitutes a benefit to the adjacent parcel of
the grantor and a burden to the property being conveyed and that this should be deemed
to be a covenant running with the land which will be binding upon and inure to the
benefit of the heirs, successors and assigns of the parties.
Grantor: Grantee:
•
•
RFD Family Partnership, LLLP
Mrn.Vi C,
By: Dennis E. Drake, General Partner Robert L. Parsons
STATE OF COLORADO
)ss.
COUNTY OF WELD )
This document was acknowledged before me on April 15, 2002, by Dennis E. Drake,
General Partner of RID Family Partnership, LLLP, grantor, and Robert L. Parsons,
grantee.
My commission expires:
[SEAL]
•
11111111111111U111 NIli 1111 III 111111 11111
•2:4015452
of 5 R 25.00 0 28.90 Weld County CO
•
•
Deed Restriction
The Owner of the property described in the attached Exhibit A agrees to a "no build"
restriction on such property for an area one hundred -fifty (150) feet east from the west
boundary line of the property along a line parallel to said west boundary line. The
purpose of this deed restriction is to provide for open space between the property and the
adjacent parcel of land to the west which was owned and previously conveyed by the
Owner. The "no build" restriction is intended to include all types of improvements and
structures of any kind except boundary line fences.
The Owner agrees that this deed restriction constitutes a benefit to the adjacent parcel
immediately to the west of this property and a burden to this property and that this should
be deemed to be a covenant running with the land which will be binding upon and inure
to the benefit of the heirs, successors and assigns of the parties.
Owner:
RFD Family Partnership, LLLP
By: Dennis E. Drake, General Partner
STATE OF COLORADO
)ss.
COUNTY OF WELD
This document was acknowledged before me on April 15, 2002, by Dennis E. Drake,
General Partner of RFD Family Partnership, LLLP, Owner.
My commission expires:
[SEAL]
2-`{-ae-/
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44542 0411912002 01:44P JA
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Exhibit A
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That portion of the N '/z of Section 10, Township 7 North, Range 67 West of the 6`h P.M., County
of Weld, State of Colorado, more particularly described as follows:
Considering the East line of the NE 'A of Section 10, Township 7 North, Range 67 West of the
6'h P.M., as monumented by a 'A" diameter rebar with a 2 /" diameter aluminum cap, P.L.S.
10740 at the NE corner of said Section 10 and at the East ''A corner of said Section 10, to bear an
assumed bearing of S 00°10'31" W with all bearings contained herein relative thereto.
Beginning at the E ''A corner of said Section 10; thence along the East-West centerline of said
Section 10 S 89°51'52" W 4605.19 feet; thence N 00°14'12" W 1615.86 feet to the approximate
centerline of the Larimer County Canal; thence along said centerline the following six courses:
South 28°34'20" East 268.20 feet; thence South 25°40'18" East 284.65 feet; thence South
30°29'27" East 167.95 feet; thence South 45°21'31" East 98.34 feet; thence South 52°02'47"
East 124.51 feet; thence South 43°41'20" East 765.46 feet to the TRUE POINT OF
BEGINNING; thence continuing along said centerline the following thirteen courses: South
56°55'26" East 68.03 feet; thence South 67°43'15" East 102.76 feet; thence South 81°25'01"
East 112.08 feet; thence North 87°08'54" East 366.77 feet; thence North 83°11'58" East 211.97
feet; thence North 75°20'55" East 340.27 feet; thence North 66°19'18" East 472.66 feet; thence
North 47°23'14" East 81.91 feet; thence North 26°50'47" East 64.73 feet; thence North
01°19'09" East 77.28 feet; thence North 17°50'37" West 98.85 feet; thence North 34°04'18"
West 99.06 feet; thence North 43°59'35" West 123.71 feet to the Northwest corner of Recorded
Exemption No. 0705 10 1 RE -3175; thence continuing along said centerline the following eleven
courses: North 4359'35" West 666.87 feet; thence North 18°02'33" West 152.38 feet; thence
North 28°10'30" East 220.56 feet; thence North 50°01'21" East 199.16 feet; thence North
79°27'20" East 259.53 feet; thence North 64°56'12" East 75.73 feet; thence North 51°04'32"
East 66.83 feet; thence North 08°15'19" East 112.69 feet; thence North 13°22'29" West 56.11
feet; thence North 22°48'31" Wcst 198.05 feet; thence North 16°58'07" West 284.23 feet to the
North line of the Northeast Quarter of said Section 10; thence along said North line South
89°57'36" West 529.07 feet to the North Quarter corner of said Section 10; thence along the
North line of the Northwest Quarter of said Section 10 North 89°57'34" West 1019.19 feet;
thence South 01°28'51" East 2372.31 feet more or less to the TRUE POINT OF BEGINNING.
The above described parcel contains a gross acreage of 80.00 acres more or less.
The above described parcel is subject to County Road right of way along the Northerly side
thereof.
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O1 EASEMENT AND RIGHT-OF-WAY AGREEMENT
1/
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THIS AGREEMENT is made and entered into as of the 11th day of
, 20o , by and between Robert L. Parsons whose address is
40455 Skylark Drive, Fort Collins, CO 80524, hereinafter referred to as "the Grantor"
and NORTH WELD COUNTY WATER DISTRICT, a Political Subdivision of the State of
Colorado, the address of which is 33247 Highway 85, Lucerne, CO 80646, hereinafter
referred to as 'the District".
WITNESSETH
For and in consideration of the mutual promises and covenants herein contained
and the sum of Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and adequacy of which is hereby confessed and acknowledged, the Grantor has
granted and conveyed and by these presents does grant and convey unto the District,
its successors and assigns, a permanent perpetual right-of-way and easement for the
installation, construction, maintenance, inspection, operation, replacement or removal of
one or more water lines and all underground and surface appurtenances thereto,
including metering stations and other fixtures, in, over, across and upon:
See Attached
"PROPERTY DESCRIPTION
Easement"
The parties hereto acknowledge that said easements and rights -of -way
(hereinafter referred to as "the Easement") is located on a parcel of property owned by
the Grantor legally described as follows and hereinafter referred to as "the Grantor's
Property":
Lot "B" of Recorded Exemption No. 0705 -10 -2 -RE -3358 as recorded September 27,
2002 as Reception No. 2990831 of the records of Weld County Clerk and Recorder and
also being part of the Northwest Quarter (NW %) of Section Ten (10), Township Seven
North (T7N), Range Sixty-seven West (R67W), Sixth Principal Meridian (6th P.M.),
County of Weld, State of Colorado.
I. In addition to the foregoing grant of easement and right-of-way by the Grantor to
the District, the Grantor further grants and conveys to the District the following rights
and privileges.
A. The right to grade the Easement for the full width thereof in such a manner
as the District may reasonably determine to be necessary or advisable.
B. The right to support pipelines located within the Easement across ravines
and water courses with such structures as the District shall reasonably determine to be
necessary or advisable.
C. The right of ingress and egress to and from the Easement by means of
existing roads (whether public or private) located on the Grantor's property, if any, or in
the absence of such roads, by such other routes as the District shall determine to be
reasonably necessary taking into consideration the minimization of damage to the
Grantor's Property. Notwithstanding the foregoing, in the event the Grantor's Property
is subdivided and in the event roads are dedicated on the plat of such property, which
roads provide adequate access to the Easement, then the District's right of ingress and
egress over the Grantor's Property to the Easement shall be limited to such dedicated
roads.
P1Easamenls1741Tiecoon 10QParsons.NW 01r(@-15-03) doc
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D. The right to grade, construct, maintain and use any private roads upon the
Grantor's Property in such a manner as the District may deem necessary or advisable in
the exercise of its right of ingress and egress to and from the Easement.
E. To install, maintain and use gates or other livestock barriers on all fences
which now cross or hereinafter cross the Easement.
F, To mark the location of the Easement with markers set in the ground
provided that any such markers remaining after the period of construction of the water
line and appurtenances shall be placed in locations which will minimize interference with
any reasonable use of the Easement area by the Grantor.
G. All other rights necessary and incident to the full and complete use and
enjoyment of the Easement of the purposes herein granted.
II. The Grantor hereby covenants and agrees to and with the District, its successors
and assigns, that:
A. Except as otherwise provided in this subparagraph A, the Grantor, its
heirs, personal representatives, administrators, successors and assigns, shall not erect
or place any permanent building, structure, improvement, tree or other landscaping on
the Easement. In the event of the placement of such obstacles on the Easement
contrary to the provisions of this subparagraph A, the District shall have the right to
require the Grantor to remove such obstacles from the Easement and, in the event the
Grantor fails to do so upon request, the District may remove such obstacles without any
liability for repair or replacement thereof, Notwithstanding the foregoing, the Grantor, its
heirs, personal representatives, administrators, successors and assigns shall have the
right, without the consent of the District, to plant grasses and other ground cover and
small shrubs upon the Easement area which are usual and customary for the full use
and enjoyment of the Grantor's Property. However, the District shall not be responsible
for repair or replacement any an "exotic" plantings, ornamental trees or similar
landscaping other than usual and customary ground covering and shrubs.
B. Grantor shall have the right to erect or place fencing upon the easement
so long as such fencing does not cause damage to the pipeline. The District shall have
the right to remove said fencing and the duty to reinstall said fencing if such fencing is
removed for any use or operations within the Easement.
C. Grantor shall have the right to asphalt/pave upon the easement with the
District's approval of grading plans and construction of such asphalt/pavement surface.
The District shall have the right to remove said asphalt/pavement and the duty to patch
said asphalt/pavement if such asphalt/pavement is removed for any use or operations
within the Easement.
D. The Grantor does covenant and agree to and with the District that the
Grantor is lawfully seized of the Easement and the Grantor's Property, and that the
Grantor has a good and lawful right to convey the Easement to the District and that the
Grantor warrants the title thereto. Grantor has also attached the notarized signatures of
any other individual or entity that claims or has any type of legal or equitable interest in
the subject property.
III. The District does hereby covenant and agree to and with the Grantor as follows:
A. The District shall not fence or otherwise enclose the Easement, except
during periods of construction and repair.
B. All trenches and excavations made in the laying or repairing of the water
line shall be properly backfilled and as much of the original surface soils as reasonably
P,1Easeness 7,67Sec on I owananiNJJOV( 12.15-03). doc
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possible shall be placed on top. All large gravel, stones and clods will be removed from
the finished backfill. The District will finish the backfill after normal settling of the soil so
that the use and enjoyment of the Easement by the Grantor shall be suitable for the
purpose now used. The District will thereafter be responsible for maintenance of the
waterline(s).
C. In the event the Grantor's Property is being used for grazing purposes, the
District agrees that during the period of construction of the water line, or any
subsequent alteration, removal or replacement of said water line, the District will leave
or arrange for reasonable crossing over the Easement for cattle and livestock of the
Grantor and its tenants and lessees. Further, whenever it becomes necessary for the
District, its agents or contractors to cut a fence on the Grantor's Property, the District,
shall, at its option, either keep the gate closed or guarded in such a manner so as to
prevent the entrance and exit of cattle or livestock through such opening, or construct in
any one or more places substantial gates with dual locks and to furnish the Grantor with
one set of keys thereto. Before any such fence is cut by the District, the fence shall be
braced in order to prevent slackening of wires along the fence in each direction from the
District's temporary opening.
D. In the event the Grantor's Property is being used for production of any
crops which require irrigation at the time the pipeline is constructed as set forth in this
Agreement, the District agrees, unless otherwise provided, to install and operate flumes
or appropriate crossing devices across the Easement at all times during such
construction operations. The District further agrees, unless otherwise provided, not to
block dams or obstruct in any manner any irrigation canal, drainage ditches or creeks
located on the Grantor's Property and further agrees to replace or repair any levees or
banks disturbed or damaged by the activities of the District on the Grantor's Property.
E. The District shall pay the fair market value for any crops, fences or
livestock of the Grantor, its tenants and lessees, which are damaged or destroyed as a
result of the construction, operation and maintenance of the water line.
F. To the extent allowed by law, the District shall be liable for loss or damage
which shall be caused by any wrongful exercise of the rights of ingress or egress to or
from the Easement or by wrongful or negligent acts or omission of its agents or
employees during the course of their employment of the Grantor's property.
IV. District and Grantor further agree as follows:
A. In addition to the permanent easement as described hereinabove, Grantor
grants to District a temporary construction easement including the right of ingress and
egress on, over and across Grantor's described property, together with the full right and
authority of District, its contractors, agents and employees to enter upon the premises
with machinery, trucks, materials, tools and other equipment which may be used or
required in the construction of any pipeline(s) to be located on the premises.
B. This grant of temporary easement and access shall be an
additional forty feet (40') in width on the East and North sides of the above described
permanent easement but this temporary easement shall terminate, unless otherwise
agreed in writing, six months after installation of any pipeline(s) across Grantors
property. Such termination shall have no affect on District's permanent easement.
C. District shall pay Grantor reasonable costs and expenses for any
damages to any improvements on the property caused by its use of the rights granted
herein.
V. It is mutually agreed between the parties hereto that:
P:, Easemenl50.8TSeol,on tOWanons-NWOIr(R-15L3tdoc
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3144707 01/15/2004 02:15P Weld County, CO
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A. Except to the extent that such rights may be inconsistent with or interfere
with the rights and privileges herein granted to the District, the Grantor shall retain the
right to use and enjoy the Easement.
B. The benefit and burdens of this Agreement shall inure to and be binding
upon the respective heirs, personal representatives, successors or assigns of the
parties hereto; and shall constitute covenants running with the title to the lands
described hereinabove.
C. Whenever used herein, the singular shall include the plural and the plural
the singular and the use of any gender shall apply to ail genders.
PEasemenu\1$TSection 10lPanene-NWOM13-15-03)(10C
111111111111,1111 III II 111111 Iti'iW 1111111 III 11111 IIII IIII •
6 0l 7 R 38.00 0 0.00 004 02 Steve Moreno eld ClerCo Recorder
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
By:
ATTEST:
STATE OF COLORADO
COUNTY OF
ss.
DISTRICT:
NORTH WELD COUNTY WATER DISTRICT
By: [Jd c
President
The foregoing instrument was acknowledged before me this ,`4-
6c , ,1c c-5 , by
2.cb:f+ ti.rto..s
Grantor.
Witness my hand and official seal.
My commission expires: ore -'>9 -°C
Ctez,,._ m 3 -\,l -`-ti
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknow dged bef y�e this lo -t". day of
by (`r � 1.Cc�y` . as
V;c - President and )2nbc c 1- +deaS Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires: ogI>`l 1O (0
7 SoTAR
PUBL.1C A
P?Eaeemen6O-67 Section 101Pareone-NWOtF(12.15-03).dot
C,R4.e—m.iit�
Notary Public
PROPERTY DESCRIPTION
Easement
A parcel of land being part of Lot "B" of Recorded Exemption No. 0705-10-2 RE -3358 as recorded
September 27, 2002 as Reception No. 2990831 of the records of the Weld County Clerk and
Recorder (WCCR) and being part of the Northwest Quarter (NW I/4) of Section Ten (10),
Township Seven North (T.7N.), Range Sixty-seven West (R.67W.), Sixth Principal Meridian (6°i
P.M.), County of Weld, State of Colorado and being more particularly described as follows:
COMMENCING at the Northwest Corner of said Section 10, said point also being the Northwest
Corner of said Lot "B," and assuming the North line of said NW I/4 as bearing North 89°46'39"
East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North
American Datum 1983/92, a distance of 2628.36 feet with all other bearings contained herein
relative thereto:
THENCE South 00°12'07" East along the Westerly line of said Lot "13," also being the West line
of said NW I/4, a distance of 232.44 feet;
THENCE South 50°50'23" East continuing along the Westerly line of said Lot "B," a distance of
38.80 feet to the East right-of-way line of Weld County Road Nineteen (WCR19), said point being
the POINT OF BEGINNING;
THENCE North 00°12'07" West along said East right-of-way line a distance of 187.06 feet;
THENCE North 89°46'39" East a distance of 1581.06 feet to the East line of said Lot "B;"
THENCE South 01°44'38" East along the East line of said Lot "B" a distance of 30.01 feet;
THENCE South 89°46'39" West a distance of 1561.87 feet;
THENCE South 00°12'07" East a distance of 173.47 feet to the Westerly line of said Lot "B;"
THENCE North 50°50'23" West along the Westerly line of said Lot "B" a distance of 25.87 feet to
the POINT OF BEGINNING.
Said parcel contains 1.165 acres more or less (±), and is subject to any rights -of -way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my ersonal supervision and checking, and that it is true
and correct to the best of my knowledge
La vert , Pepek
Col' o Registered Professional
Land Surveyor #33642
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
1N:2003418
11111118111 11111111111111111111111111111111111E 1111
3144707 01/1512904 02:15P Weld CounlY, CO
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L:O003418\LOTB-LEGAL-DESC.doc
Last printed 11/24/2003 I I:41 AM
EASEMENT
EXHIBIT
WELD COUNTY
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PROJECT NO: 2003418
DATE: 11/19/2003
CLIENT: NWCWD
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3281037 04/27/2005 01:32P Weld County, CO
1 of 6 R 31.00 0 0.00 Steve Moreno Clerk 8 Recorder
RECORDATION REQUESTED BY:
CENTENNIAL BANK OF THE WEST
Harmony Branch
1550 East Harmony Road
Fort Collins, CO 80626
WHEN RECORDED MAIL TO:
CENTENNIAL BANK OF THE WEST
Berthoud
807 Mountain Avenue
Berthoud, CO 80613
FOR RECORDER'S USE Or(LY
�bo3o3l08
DEED OF TRUST
MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien or this Deed of Trust snail not exceed at any ore time $150,000.00 except as
allowed under apdk'sble Colorado law.
THIS DEED OF TRUST Is dated April 15, 2005, among Robert L. Parsons, whose address Is 40455
Skylark Drive, Fort Collins, CO 80524 ("Grantor"); CENTENNIAL BANK OF THE WEST, whose address Is
Harmony Branch, 1550 East Harmony Road, Fort Collins, CO 80525 (referred to below sometimes as
"Lender" and sometimes as "Beneficiary"); and the Public Trustee of Weld County, Colorado (referred
to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby Irrevocably grants, Venters and assigns to Trustee for the
benefit of Lender as Beneficiary all of Grantor's right. title, and Interest in and to the fallowing described real property, together with ail
existing or subsecuently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances: all water.
water rights and ditch rignts (including stock In utilities with triton or irrigation rights); aria all other ruts, royalties. and profits relating to the
rear property, inducing without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In
Weld County, State of Colorado:
LOT B OF RECORDED EXEMPTION NO. 0705.10.2 -RE -3358, BEING A PORTION OF THE
NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO.
The Real Property or Its address is commonly known as Vacant Land, Greeley, CO 80634.
Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all
present and future leases alto Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code
security interest in the Personal Property and Rents,
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL
OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Grantor shall pay to Lender all amounts secured by
this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligators under the Note, Nis Deed
of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be
governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain n possession and control of the Property;
(2) use, operate or manage the Property, and (3) collect the Pants from the Property.
Duty to Maintain. Grantor shalt maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that (1) During the period of Grantor's
ownership of The Property, there has been no use, generation, manufacture, storage. treatment, disposal, release or threatened release
of any Hazardous Substance oy any person on. under. about or ran the Properly; (2; Grantor has no Knowledge of, or reason to
believe that there has been, except as previously disclosed to and acknowledged by Lender in writing. la) any breach or violation of
any Environmental Laws. (b) any use. generation, manufacture. storage, treatment, disposal, release or threatened release of any
Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
threatener( litigation or chime of any kind by any person relating to such matters; and (31 Except as previously disclosed to and
acknowledged by Lender In writing, (a) neither Grantor nor any tenant, contactor, agent or other authorized user of the Property shall
use, generate, manufacture, Store, teat, dispose of or release any Hazardous Substance on, under, about or from the Property: and (b)
any such activity shall be conducted in compliance with all applicable federal, stale, and local laws, regulations and ordinances,
including without limitation ail Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such
inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine canpliance of the Property with this section
of the Deed of Trust. Any inspections or tests made by Lender shall be to Lenders purposes only and shall not be construed to create
any responsibility or liability on the part al Lender to Grantor or to any other person. The representations and warranties contained
herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and
waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs
under any such laws; end (2) agrees to indemnify and hold harmless Lender against any and all claims, losses. liabilities, damages,
penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breech of this section of the Deed of
Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to
Grantor's ownership or interest in the Property, whether or not the seine was or should have been known to Grantor. The provisions of
this section of the Deed of Trust, including the obligation to Indemnity. snail survive the payment of the Indebtedness and the
satisfaction and reconveyence of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the
Properly, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or
to the Property or any portion of he Properly. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any
other party the right to remove, any timber, minerals (Including of end gas), coal, clay, scoria, soil, gravel or rock products without
Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Reel Property without Lender's prior
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written consent. Asa condition to the removal of any Improvements. Lender may require Grantor to make arrangements satisfactory to
Lender to replace suon Improvements with Improvements of al least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Reel Property at all reasonable times to
attend to Lender's interests and to inspect the Real Properly for purposes of Grantor's compliance with the terms and conditions of this
Deed of Trust.
Compliance with Governmental Requirements. Grantor shell promptly comply with all laws, ordinances, and regulations, now or
hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including wMout limitation, the
Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation end withhold compliance
during any proceeding, including appropriate appeals, so log as Grantor has notified Lender in writing prior to doing so and so long
as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate
security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Merest
Duty to Protect Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to
those acts set forth eoove in this section, which from the character and use of the Property are reasonably necessary to protect and
preserve the Property.
DUE ON SALE - CONSENT 9Y LENDER. Lender may, at Lenders option, declare immediately due and payable all suns secured by this
Deed of Trust upon the sale or transfer, without Lancer's prior written consent, of all or any part of the Real Property, o any interest n the
Real Property. A 'sale or transfer' means the conveyance of Real Property or any right, Utle or interest in the Real Property; whether legal,
beneficial or equitable, whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, lard contract, contract or
deed, leasehold interest with a tarn greater Nan three (3) years, lease -option contract, or by sale. assignment, or transfer of any beneficial
interest in or to any land trust locoing tide to the Real Property, or by any other method of conveyance of an interest in the Real Property.
However, this option snail not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law.
TAXES AND LIENS. The following provisions resting to the taxes and liens on the Property are part of this Deed of Trust:
Payment Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (acludng
water and sewer), tines and "mpositons levied against or on account or the Property, and shall pay when due all claims for work done
on or for services rendered or matenal furnished to the Properly. Grantor shall maintain the Property free of all liens having priority over
or equal to the interest of Lender under this Deed of Trust, except tor the lien of taxes and assessments not due and except as
otherwse provided in this Deed of Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good aim dispute over the
obligation to pay, so long as Lender's interest in the Property it not jeopardized. If a lien asses cr a filed as a result of nonpayment,
Grantor shall within IMeen (15) days after the lien arises or, if a lien is Ned, whin fifteen (15) days after Grantor nes notice of the filing,
secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a secant corporate surety bond or other
security satisfactory to Lender In an amount sufficient to discharge the lien plus any costa and atlaneys' tees, or other charges that
could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy
any adverse judgment before enforcement against the Properly. Grantor shall name Lender as an additional obligee under any surety
bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments end
snail authorize the appropriate governmental official to deliver to Lender at any time a wntten statement of the taxes and assessments
against the Property.
Notice of Construction. Grantor shall nobly Lender at least fifteen (15) days before any work is commenced, any services are
?unshed, or any materiels are supplied to the Property, if any mechanic's lien, matenalmen s lien, or other lien could be asserted on
account of the work, services, or matotas. Grantor will upon request of Lender furnish to Lancer advance assurances satisfactory to
Lender that Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE The loltowng provisions relating to insuring the Property are a part of this Deed of Trust
Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage
endorsements or a fair value bass for the tut insurable value covering all Improvements on the Real Property in an amount sufficent to
avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure end
maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee end Lender being
named as additional insureds in such liability insurance peaces. Additionally, Grantor shall maintain such other insurance, including but
rot limited to hazard, business interruption, and boiler insurance, as Lender may reasonaoly require. Policies shell be written in form,
amounts, coverages and basis reasonably acceptable to Lender and issued oy a company or companies reasonably acceptable to
Lender. Grantor, upon request of Lender, will deliver to Lancer from time to time the policies or certificates of insurance in form
satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without al least ten (10) days prior
wrrtan notice to Lender. Each insurance policy also shall include an enoorseme rt providing that coverage in favor of Lender will not be
impaired in any way by any act, omission or default of Grantor or any other parson. Should the Real Property be located in an area
designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obaln and
maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special
food hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securng the loan, up to the
maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain sucn
insurance for the term of the loan.
Application of Proceeds. Grantor snail promptly notify Larder of any loss or darnage to the Property. Lander may make proof of toss
if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lenders
election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any
lien affecting the Property, or the restoration and repair of the Properly. if Lender elects to apply the proceeds to restoration and repair,
Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
satisfactory proof of such expenditure, pay or reimburse Granter tram the proceeds for the reasonable cost of repair or restoration if
Grantor is not in default under this Deed of Trust. My proceeds which have not been disbursed within 180 days after their receipt and
whin Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under
this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be emptied to the principal balance of the Indebtedness.
If Lender holds any proceeds after payment in lull of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests
may appear.
Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lander a report
on each existing policy of insurance snowing: (1) the name of the insurer, (2) the risks insured; (3) the amount of the policy; (4) the
property insured, the then current replacement value of such properly, and the manner of determining that value; and (5) the
expiration date of the policy. Grantee shall, upon request of Lender, have an independent appraiser satisfactory to Lander determine
the cash value replacement cost of the Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affeat Lenders Merest in the Property or if
Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to
discharge or pay When due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lander
on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to
discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time tented or placed on the Property and
paying all costs for insuring, maintaining end preserving the Property. Al such expenditures incurred or pad by Lender for such purposes
will then bear interest at the rate charged under the Note from the dale incurred or pad by Lender to the date of repayment by Grantor. Al
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such expanses will become a part of the Indebtedness and, at Lender's option, will (A) be payede on demand; (B) be added to the
balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of
any applicable insurance policy: or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and
payable at the Notes maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to at other
rights and remedies to which Lender may be entitled upon Deladt.
WARRANTY; DEFENSE OF TTTLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust
Tale. Grantor warrants that: (a) Grantor holds good and marketable life of record to the Property in fee simple, free and clear of all
liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, tide report, or final title
opinion issued in favor of, and accepted by. Lender in connection with this Deed 01 Trust. and (b) Grantor has the full nett, power, and
authority to execute and deliver this Deed of Trust to Lander.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the tide to the Property
against the lawful clams of all persons. In the event any action or proceeding Is commenced that questions Grantor's title or the interest
of Trustee or Lender under this Deed of Trust, Grantor shall defend the action al Grantor's expense. Grantor may be the nominal party
in such ore ceding, but lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of
Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lander such instruments as Lender may request from time to
time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with at existing applicable
laws, ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties. and agreements made by Grantor in this Deed of Trust
shall survive the execution and delivery of this Deed of Trust. shall be continuing in nature, and snail remain in full force and effect until
such time as Grantor's Indebtedness snail be pad In idl.
CONDEMNATION. The following provisions relating to condemnation proceedings are a pan of this Deed of Trust
Proceedings. It any proceeding in condemnation is filed, Grantor snail promptly notify Lender In writing, and Grantor shall promptly
take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal patty in such
proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of its own
choice, arc Grantor will deliver or cause to be delivered to Lander such instruments and documentation as may be requested by
Larder from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
purchase in lieu of condemnation. Lender may at its electron require that all of any potion 01 the net proceeds of the award be applied
to the Indebtedness or the repair or restoration of the Pronely. The net proceeds of the award snail mean the award after payment of
all reasonable costs. expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORmES. The following provisions relating to governmental
taxes, fees and charges are a pert of Otis Deed of Trust:
Current Taxes, Fees and Charges. Upon request by Lender. Grantor shall execute such documents in addition to this Deed of Trust
and tare whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall
reimburse Lender for all taxes, as described below, togeher with all expenses incurred in recording, perfecting or conunuirg his Deed
of Trust, including without limitation all taxes, tees, documentary stamps, and other charges for recording or registering this Deed of
Trust.
Taxes. The following shell constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all
or any oert of the Indebtedness secured by this Deed al Trust: (2) a specific tax on Grantor which Grantor is authorized or required to
deduct from payments on the Indebtedness secured by this type of Deed of Trust, (3) a tax on this type of Deed of Trust chargeable
against the Larder or the holder of the Note; and (a) a specific tax on all Or any portion of the Indebtedness or on payments of
principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event snail
have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as
provided below unless Grantor either (I) pays the tax before it becomes delinquent, or (2) contests the tax ae provided above n the
Taxes and Liens section and deposits with Lender Cash Or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed cf Trust as a security agreement are
a part of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest Upon request oy Lender, Grantor shall take whatever action is reouested by Lender to perfect and continue
Lenders security interest in the Rents and Personal Property. In addition to recording Ihs Deed of Trust in the real propeny records,
Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions d t is Deed
of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall
assemble any Personal Property not affixed to the Property in a manner and at a dace reasonably convenient to Grantor and Lender
and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent surmised by applicable
law.
Addresses, The mailing addresses of Grantor (debtor) and Lender (Secured party) Iron which information concerning the security
interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first
page of this Deed of Trust.
FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and adoroey-in-fact are a part of
the Deed of Trust
Further Assurances. At any time, and from time to lime, upon request of Lender, Grantor will make, execute and deliver, or will cause
to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
reeled, or rerecorded, as the case may be, at such limes and In such offices and places as Lender may deem appropriate, any and ail
such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements. instruments of
further assurance, certificates, and other Oocumenls as may, In the sole opinion of Lender, be necessary or desirable in order to
effectuate, complete, perfect, continue, or preserve (I) Grantor's obligations under the Note, its Deed of Trust, and the Related
Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Properly, whether now
owned or hereafter ecquaed by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse
Lender for ail costs and expenses incurred in connection with the matters referred to in this paragraph.
Attorney -In -Fact If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -lad for
the purpose of making, executing, delivering, flung. recording, and doing all other things as may be necessary or desirable, In Lenders
sole opinion, to accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust, Trustee may, upon
production or documents and fees as required under applicable law, release this Deed of Trust, and such release shall constitute a release of
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the lien for all such additional sums and expenditures made pursuant to this Deed of Trust_ Lender agrees to cooperate with Grantor in
obtaining such release and releasing the other collateral securing the indebtedness. Any release lees required by law shall be paid by
Grantor, it permitted by applicable law.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Defeat under this Deed of Trust
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Other Defaults. Grantor fails to comply with or to perform any other term. obligation, covenant or condition contained in this Deed of
Trust or in any of the Related Documents or to comply with or to perform any term. obligation, covenant or condition contained in any
other agreement between Lender end Grantor.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained In this Deed of Trust, the Note
or on any of the Reiateo Documents.
Default on Other Payments. Failure of Grantor within the time requited by this Deed of Trust to make any payment for taxes or
Insurance, or any other payment necessary to prevent tiling of or to effect discharge of any lien.
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this
Deed of Trust or the Related Documents is false or misleading in any materiel respect, either now or at the time made or furnished or
becomes false or misleading at any time thereafter.
Defective Collateraltatlon. This Deed of Trust or any of the Related Documents ceases to be In full torce and effect (Including failure
of any collateral document to create a valid and penleoled security interest or len) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's proper,
any assignment for the benefit of creditors, any type of creditor workout or the commencement of any proceeding under any
bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, wnather by judicial proceeding,
set.heip, repossession or any other method, by any creditor a Grantor or by any governmental agency against any property securing
the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this
Event of Default shall not apply it there is a good faith dispute by Grantor as to the validity or reasonableness of the term which is the
basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and
deposits with Lender monies or a surely bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sale
discretion, as being an adequate reserve or bond for the depute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not
remedied within any grace period provided therein, including without lineation any agreement concerning any indebtedness or other
obligation of Granter to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes
or disputes the validity ol. or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option. may, but
shall not be required to, permit tie guarantor's estate to assume unconditionally the obligations arising under tie guaranty in a manner
satisfactory to Lender, and, in doing so, cure any Event of Default.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or
performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default' in payment is curable and If Grantor has not been given a notice al a beech of the
same provision of the Deed of Trust within the preceding twelve (12) months, it may be cured it Grantor, atter receiving written notice
from Lender der ariing cure of such default: (t ) cures the default within twenty (20) days: or (2) if the cure requires more than
twenty (20) days. immediately Satiates steps which Lender deems in Lender's sole discretion to be sufficient to cure tie default and
thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon es reasonably
practical.
RIGHTS AND REMEDIES ON DEFAULT. II an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lander
may exercise any one or more of the fallowing rights and remedies:
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursue of any other remedy, and an election to
make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform. shelf
not affect Lender's right to declare a default and exercise its remedies.
Accelerate Indebtedness. Lender shall have the right al its option without notice to Grantor to declare the entire Indebtedness
Immediately due and payable, including any prepayment penalty which Grantor would be required to pay.
Foreclosure. Lancer shall have the right to cause all or any part of the Real Property, and Personal Property, it Lender decides to
proceed against it as it it were real properly. to be sold by the Trustee according to the laws of the State of Colorado as respects
foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shall apply the
proceeds of the sale in the following order: (a) to all costs and expenses of the sale, inducing but not limited to Trustee's lees
attorneys' fees, and the cost of title evidence: (b) to ail sums secured by this Deed of Trust; and (c) the excess, if any, to the person or
persons legally entitled to the excess.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured
party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the
Rents, including amounts pest due and unpaid, and apply the net proceeds. over and above Lender's costa, against the Indebtedness.
In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to
Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney.imlact to endorse
instruments received In payment thereof in the name of Grantor and to negotiate the sane and collect the proceeds. Payments by
tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether
or not any proper grounds for the demand existed. Lender may exercise tts rights under this subparagraph either in person, by agent,
or through a receiver.
Appoint Receiver. Lender snail have the right to have a receiver appointed to take possession of ail or arty part of the Property, with
the power to protect and preserve the Property, to operate the Properly preceding foreclosure or sale, and to collect the Rents from the
Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve
without bond II permitted by law. Lender's nght to the appointment of a receiver shall exist whether or not the apparent value of the
Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a
receiver. Receiver may be appointed by a court of competent Iurisdidlon upon ex pane application and without notice, notice being
expressly waived.
Tenancy at Sufferance. It Grantor remains at possession of the Property after the Proper is sold as provided above or Lender
otherwise becomes entitled to possession of the Property upon default of Grantor. Grantor shall become a tenant at sufferance of
Lender or the purchaser of the Proper and snail, at Lender's option, either (I) pay a reasonable rental for the use of the Property. or
(2) vacate the Property immedateiy upon the demand of Lender.
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other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law.
Sale of the Property. In exercising its rights end remedies. Lender shall be free to designate on or before it files a notice of election
and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale or by separate sales.
Lender snail be entitled to bid at any public sale on all or any poison of the Property. Upon any sale of the Property, whether made
under a power of sale granted in this Deed of Trust or pursuant to ludial proceedings, if the holder of the Note is a purchaser at such
sale, it shell be entitled to use and apply all, or any portion of, the Indebtedness for of In settlement or payment of all. or any portion of.
the purchase price of the Property purchased, and, in such case, this Deed of Trust, the Note, and any documents evidencing
expenditures secured by this Deed of Trust shall be presented to the person conducting the sale In order that the amount of
Indebtedness so used or applied may be credited thereon as having been paid.
Attorneys' Fees; Expenses. If Lender forecloses or institutes any suit or action to endome any al the terms of this Deed of Trust,
Lender snail be entitled to recover such sum as the court may adjudge reasonable as attorneys' lees at trial and upon any appeal.
Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in
Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the
Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses
covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees
whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or mlurictKKli, appeals, end any anticipated post -judgment collection services, the cost of searching records,
obtaining title reports (including foreclosure reports), surveyors' reports. and appraisal fees, title insurance. and fees for the Trustee, to
he extent permitted oy applicable law. Grantor also will pay any court costs, in addition to all other sum provided by law.
Rights of Trustee. To the extant permitted by applicable law, Trustee shall have all of the rights and duties of Lender as set forth in this
section.
NOTICES. Any notice required to be given under this Deed of Trust Including without Irritation any notice of default and any notice of sale
shall be given in wrung, end shad be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by
law), when deposited with a nationally recognized ovemght courier, or, if mailed, when deposited kn the United States mall, as first class,
certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices
of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address. as shown near the
beginning of this Deed of Trust My party may change its address for notices under this Deed of Trust by giving formal written notice to the
other ponies. spec', lying that the ourpose of the notice a to change the party's address. For notice purposes. Grantor agrees to keep Lender
Informed at all times of Grantor's current address. Unless otherwise provided or required by law. it there is more than one Grantor, any
notice given by Lander to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. This Deed of Trust, together with any Related Documents. constitutes the entire understanding and agreement al the
parties as to the matters set fond In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
given in wnting and signed by the party or patties sought to be charged or bound by the alteration or amendment.
Annual Reports. II the Property is used for purposes other than Grantor's residence. Grantor shall furnish to Lender, upon request, a
certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as
Lender shall reculre. 'Net operating income' shall mean all cash receipts from the Property less all cash expenditures made in
connection with the operation of the Property.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only end are not to be used to Interpret or
define the provisions of the Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property
at any tine held by or for the oenald of Lender in any capacity, without the written consent of Lender.
Choice of Venue. If there is a lawsuit, Grantor agrees upon Lenders request to submit to the junsdatian of the courts of Laminar
County, State of Colorado.
No Waive by Lender. Lender shell not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
writing and signed by Lancer. No delay or omission on the part of Lender in exercising any right stall lacerate as a waiver of such right
or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lenders right
otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No pnor waiver by Lender, nor
any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lenders rights or of any of Grantor's obligations
as to any future transaction. Whenever the consent of Lender Is required under this Deed of Trust, the granting or such consent by
Lender in any instance snail not constitute continuing consent to subsequent instances where such consent is required and in all cases
such consent may be granted or withheld in the sale discretion of Lender.
Severability. if a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
any circumstance. that finding antra not make the offending provision illegal, Invalid, or unenforceable as to any other circumstance. If
feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision
cannot be so modified. it snail be considered deleted from this Deed of Trust. Unless otherwise required by law. the illegality, invalidity,
or unenforceaoiliry of any provision of this Deed of Trust shall not affect the legality. validity or enforceabilky of any other provision of this
Deed of Trust.
Successors and Assigns. Suc ect to any limitations stated in this Deed of Trust on transfer of Grantors interest, this Deed of Trust
shalt be binding upon and inure to the benefit of the parties, their successors aria assigns. II ownership of the Properly becomes
vested in a person other than Grantor. Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed
of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or
liability under the Indebtedness.
nine Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial In any action, proceeding, or counterclaim
brought by any party against any other party.
Waiver of Homestead Exemption. Grantor hereby releases and wanes all rights and benefits of the homestead exemption laws of the
Sate of Colorado as to at Indebtedness secured by this Deed of Trust.
DEFINMONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust Unless
specifically stated to the contrary, all references to dollar amounts Shall mean amounts in lawful money of the United States of America.
Woods and terms used in the singular snail include the plural, and the plural shall include the singular. as the context may require. Wods
and terms not otherwise defined 'n this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
Beneficiary. he word 'Beneficiary' means CENTENNIAL BANK OF THE WEST, and its successors end assigns.
Borrower. The word 'Borrower' means Robert L. Parsons and includes all co-signers and co -makers signing the Note.
Deed of Trust The words 'Deed of Trust' mean this Deed of Trust among Grantor, Lender, end Trustee, and includes without
Imitation all assegnment and security interest provisions relating to the Personal Property and Rents.
Default. The word 'Default' means the Default set forth in this Deed of Trust in the section titled 'Default".
Environmental Laws. The words 'Environmental Laws' mean any and ail slate, federal and local statutes, regulations end ordinances
I IIIIII 11111 11111 EMI 111111 tfli III 11111 IHi IIII
3281037 04127/2095 01:32P Weld County, CO
6 of 6 R 31.00 D 0.00 Steve Moreno Clerk 8 Recorder
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Loan No: 600303684
DEED OF TRUST
(Continued) Page 6
relating to the protection of human health or the environment. including without Imitation the Comprehensive Environmental Response,
Compensation. and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ('CERCtA7, the Supetlund Amendments and
Reauthorization Act of 1988, Pub. L. No. 99-499 (*SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto.
Event of Default. The words 'Event of Default' mean any of the events of default set forth in his Deed of Trust in the events of default
section of this Deed of Trust
Grantor. The woo 'Grantor' means Robert L. Parsons.
Guaranty. The word "Guaranty' means the guaranty from guarantor. endorser, surety, or accommodation party to Lender, including
without limitation a guaranty ol all or pan of the Note.
Hazardous Substances. The words Hazardous Substances" mean materials that, because of their quantity, concentration or pfiysccal,
chemical or infectious characteristics, new cause or pose a present or potential hazard to human health or the environment when
improperly used, vested, stored. disposed ol, generated, manufactured, transported or otherwe6 handled. The wards 'Hazardous
Substances' are used in their very broadest sense and irctude without limitation any and all hazardous or tozc substances, materials or
waste as defined by or listed urger the Environmental Laws. The term 'Hazardous Substances' also includes, witout limitation,
petroleum and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word 'Improvements' moans all existing and future improvements, buildings, structures, mobile homes affixed on
the Real Properly, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note
or Related Documents, together with all renewals of. extensions of, modifications of, consolidations of end substitutions for the Note or
Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by
Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
Deed of Trust.
Lender. The word 'Lender' means CENTENNIAL BANK OF THE WEST, its successors and assigns.
Note. The woro'Note' means the promissory note dated April 15, 2005, In the original principal amount of $150,000.00
from Grantor to Lender, together with all renewals ol, exleraio a Of. modifications of. refinancings of. consolidations ol, and substitutions
for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The words 'Personal Property' mean all equipment fixtures, and other articles of personal property now or
hereafter owned by Grantor. ana now or hereafter attached or affixed to the Real Property: together with all accessions. parts, and
additions to, all replacements of. and all substitutions for. any of such properly'; and together with all proceeds (including witwN
limitation ail insurance proceeds and refunds of premiums) from any sale or oilier disposition of the Property.
Property. The word Property' means collectively the Real Property and the Personal Property.
Real Property. The words 'Real Property' mean the real property, interests and rights, as further described in this Deed of Trust.
Related Documents. The words 'Related Documents' mean all promissory notes. credit agreements, loan agreements, environmental
agreements, guaranties, security agreements. mortgages, deeds of (rust, security deeds, collateral mortgages, and all other Instruments,
agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness.
Rents. The word 'Rents' means all present and future rents, revenues, Income. Issues, royalties, profits, and other benefits derived
from the Property.
Trustee. The word 'Trustee' means the Public Trustee of Weld County. Colorado.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS
TERMS.
STATE OF CG(OraA0
COUNTY OF x611 er
INDIVIDUAL ACKNOWLEDGMENT
)SS
On his day before me, the undersigned Notary Public, personally appeared Robert L. Parsons, to me known to be the individual described
in and who executed he Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and
deed, for the uses and purposes therein mentioned. t A �h I
Given under my hand and official seal this 15 day of I prt
By �i diillf yl. l/-li•i �'Residing at 1557.,) F.
Notary Public in and for the State of 1 /n pp Oi o My commission expires
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