HomeMy WebLinkAbout20092902.tiffHeritage
Title Company
HERITAGE TITLE COMPANY
County of Weld, a body Corporate and Public
P.O. Box 758
Greeley, CO 80632
Date: September 16, 2009
File Number: 459-II0240859-084-MG4
Property Address: 300 8th Avenue, Greeley, CO 80631
Policy Number: 60240859 -OP
Dear New Property Owner:
Congratulations on your real estate purchase. Enclosed is your Policy of Title Insurance. This policy
contains important information about your real estate transaction, and it insures you against certain risks
to your ownership. Please read it and retain it with your other valuable papers.
A permanent record of your recorded title documents is accessible through our office. These records will
enable prompt processing of future title orders and save valuable time should you wish to sell or obtain a
loan on your property. Visit or call our office at (970) 330-4522 and simply give us your personal policy
file number when you need assistance.
In the event you sell your property or borrow money from a mortgage lender you may be entitled to a
discount rate if you order your title insurance through this company.
We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your
future title service needs.
Sincerely,
Heritage Title Company
2009-2902
A POLICY -ISSUING AGENT OF FIRST AMERICAN
TITLE INSURANCE COMPANY
Form No. 1402.06
ALTA Owner's Policy (6-17-06)
I 100302P050600
Policy No.: H0240859 -OP
Policy of Title Insurance
First American Title Insurance Company
Any notice of claim and any other notice or statement in writing required to
at the address shown in Section 18 of the Conditions.
COVERED R
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE
EXCEPTIONS FROM COVERAGE CONTAINED IN SCIIEDULE B AND
THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY,
a California corporation (the "Company") insures, as of Date of Policy and, to
the extent slated in Covered Risks 9 and 10, after Date of Policy, against loss
or damage, not exceeding the Amount of Insurance, sustained or incurred by
the Insured by reason of:
I. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk
includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency,
incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer
or conveyance;
(iii) a document affecting Title not properly created, executed,
witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document
by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise
invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the
Public Records including failure to perform those acts by electronic means
authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by
a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse
circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining
land, and encroachments onto the Land of existing improvements located on
adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or
governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
First American Title Insurance Company
BY
ATTEST
PRESIDENT
SECRETARY
be given to the Company under this policy must be given to the Company
ISKS
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected
on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public
Records setting forth the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a govemmental police
power not covered by Covered Risk 5 if a notice of the enforcement action,
describing any part of the Land, is recorded in the Public Records, but only to
the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise,
describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on
the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court
order providing an alternative remedy, of a transfer of all or any part of the
title to or any interest in the Land occurring prior to the transaction vesting
Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state insolvency,
or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in
Schedule A constitutes a preferential transfer under federal bankruptcy, state
insolvency, or similar creditors' rights laws by reason of the failure of its
recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to
a judgment or lien creditor.
I0. Any defect in or lien or encumbrance on the Title or other matter
included in Covered Risks I through that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and
prior to the recording of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses
incurred in defense of any matter insured against by this policy, but only to
the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion I(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the
coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at
Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this
does not modify or limit the coverage provided under Covered Risk 9 and
10); or
(e) resulting in loss or damage that would not have been sustained if
the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction vesting the
Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9
of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased by Section
8(h), or decreased by Sections I I and 12 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(I3) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly -owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly -owned by an affiliated
Entity of the named Insured, provided the affiliated Entity and the named
Insured are both wholly -owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the Insured named in
Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(t) "Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason of the
Public Records or any other records that impart constructive notice of matters
affecting the Title.
(g) "Land": The land described in Schedule A, and affixed
improvements that by law constitute real property. The term "Land" does not
include any property beyond the lines of the area described in Schedule A, nor
any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent
that a right of access to and from the land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized by law.
(i) "Public Records": Records established under state statutes at Date
of Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without Knowledge. With respect
to Covered Risk 5(d), "Public Records" shall also include environmental
protection liens filed in the records of the clerk of the United States District
Court for the district where the Land is located.
(j) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of the Title or
lender on the Title to be released from the obligation to purchase, lease, or
lend if there is a contractual condition requiring the delivery of marketable
title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy
in favor of an Insured, but only so long as the Insured retains an estate or
interest in the Land, or holds an obligation secured by a purchase money
Mortgage given by a purchaser from the Insured, or only so long as the
Insured shall have liability by reason of warranties in any transfer or
conveyance of the Title. This policy shall not continue in force in favor of any
purchaser from the Insured of either (i) an estate or interest in the Land, or (ii)
an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 5(a) of these Conditions, (ii) in case
Knowledge shall come to an Insured hereunder of any claim of title or interest
that is adverse to the Title, as insured, and that might cause loss or damage
for which the Company may be liable by virtue of this policy, or (iii) if the
Title, as insured, is rejected as Unmarketable Title. If the Company is
prejudiced by the failure of the Insured Claimant to provide prompt notice,
the Company's liability to the Insured Claimant under the policy shall be
reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or
damage, the Company may, at its option, require as a condition of payment
that the Insured Claimant furnish a signed proof of loss. The proof of loss
must describe the defect, lien, encumbrance, or other matter insured against
by this policy that constitutes the basis of loss or damage and shall state, to
the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an Insured in
litigation in which any third party asserts a claim covered by this policy
adverse to the Insured. This obligation is limited to only those stated causes of
action alleging matters insured against by this policy. The Company shall
have the right to select counsel of its choice (subject to the right of the
Insured to object for reasonable cause) to represent the Insured as to those
stated causes of action. It shall not be liable for and will not pay the fees of
any other counsel. '[he Company will not pay any tees, costs, or expenses
incurred by the Insured in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Policy Page 2 Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that in
its opinion may be necessary or desirable to establish the Title, as insured, or
to prevent or reduce loss or damage to the Insured. The Company may take
any appropriate action under the terms of this policy, whether or not it shall
be liable to the Insured. The exercise of these rights shall not be an admission
of liability or waiver of any provision of this policy. If the Company exercises
its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as
required or permitted by this policy, the Company may pursue the litigation to
a final determination by a court of competent jurisdiction, and it expressly
reserves the right, in its sole discretion, to appeal any adverse judgment or
order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding and any
appeals, the Insured shall secure to the Company the right to so prosecute or
provide defense in the action or proceeding, including the right to use, at its
option, the name of the Insured for this purpose. Whenever requested by the
Company, the Insured, at the Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in any
other lawful act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured. If the Company
is prejudiced by the failure of the Insured to furnish the required cooperation,
the Company's obligations to the Insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representative of the
Company and to produce for examination, inspection, and copying, at such
reasonable times and places as may be designated by the authorized
representative of the Company, all records, in whatever medium maintained,
including books, ledgers, checks, memoranda, correspondence, reports, e -
mails, disks, tapes, and videos whether hearing a date before or after Date of
Policy, that reasonably pertain to the loss or damage. Further, if requested by
any authorized representative of the Company, the Insured Claimant shall
grant its permission, in writing, for any authorized representative of the
Company to examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or damage. All
information designated as confidential by the Insured Claimant provided to
the Company pursuant to this Section shall not be disclosed to others unless,
in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested information, or
grant permission to secure reasonably necessary information from third
parties as required in this subsection, unless prohibited by law or
governmental regulation, shall terminate any liability of the Company under
this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In ease of a claim under this policy, the Company shall have the
following additional options
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the time of payment or
tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other than to
make the payment required in this subsection, shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured ur
With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against tinder this policy. In
addition, the Company will pay any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the Company up to
the time of payment and that the Company is obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the loss
or damage provided for under this policy, together with any costs, attorneys'
fees, and expenses incurred by the Insured Claimant that were authorized by
the Company up to the time of payment and that the Company is obligated to
pay.
Upon the exercise by the Company of either of the options provided for
in subsections (b)(i) or (0), the Company's obligations to the Insured under
this policy for the claimed loss or damage, other than the payments required
to be made, shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
S. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has suffered loss
or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(0) the difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attomeys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect,
lien, or encumbrance, or cures the lack of a right of access to or from the
Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably
diligent manner by any method, including litigation and the completion of
any appeals, it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused to the Insured.
(b)In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for loss
or damage until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(e) The Company shall not be liable for loss or damage to the Insured
for liability voluntarily assumed by the Insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF' LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance by the
amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
pays under any policy insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed, assumed, or taken subject, or
which is executed by an Insured after Date of Policy and which is a charge or
lien on the Title, and the amount so paid shall be deemed a payment to the
Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made within
30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under
this policy, it shall be subrogated and entitled to the rights of the Insured
Claimant in the Title and all other rights and remedies in respect to the claim
that the Insured Claimant has against any person or property, to the extent of
the amount of any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company of these rights and
remedies. The Insured Claimant shall permit the Company to sue,
compromise, or settle in the name of the Insured Claimant and to use the
name of the Insured Claimant in any transaction or litigation involving these
rights and remedies.
If a payment on account of a claim does not fully cover the loss of the
Insured Claimant, the Company shall defer the exercise of its right to recover
until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance, or bonds,
notwithstanding any terms or conditions contained in those instruments that
address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title Insurance
Arbitration Rules of the American Land Title Association ('Rules"). Except
as provided in the Rules, there shall be no joinder or consolidation with
claims or controversies of other persons. Arbitrable matters may include, but
arc not limited to. any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with
its issuance or the breach of a policy provision, or to any other controversy or
claim arising out of the transaction giving rise to this policy. All arbitrable
matters when the Amount of Insurance is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Insured. All arbitrable
matters when the Amount of Insurance is in excess of $2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon
the parties. Judgment upon the award rendered by the Arbitrator(s) may be
entered in ally court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it by
the Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly incorporated
by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part
of this policy and is subject to all of its terms and provisions. Except as the
endorsement expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsement, (in) extend the
Date of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall he deemed not
to include that provision or such part held to be invalid, but all other
provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and detemtined the premium
charged therefor in reliance upon the law affecting interests in real property
and applicable to the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of claims
against the Title that arc adverse to the Insured and to interpret and enforce
the terms of this policy. In neither case shall the court or arbitrator apply its
conflicts of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or federal court
within the United States of America or its territories having appropriate
jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given to the
Company at 1 First American Way, Santa Ana, CA 92707, Attn: Claims
Department.
First American Title Insurance Company
OWNER'S POLICY
SCHEDULE A
09/16/2009 11:58:50 in3 LVV
File No.: 459-110240859-084-MG4 Policy No.: H0240859 -OP
Amount of Insurance: $325,000.00
Date of Policy: July 16, 2009 at 5:00 P.M.
1. Name of Insured:
County of Weld, a body Corporate and Public
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
County of Weld, a body Corporate and Public
4. The land referred to in this policy is described as follows:
Sec Exhibit A attached hereto and made a part hereof.
First American Title Insurance Company
File No.: 459-H0240859-084-MG4
SCHEDULE A
(Continued)
Exhibit A
Parcel 1:
Policy No: H0240859 -OP
All that part of Lot Three (3) lying South and West of the Colorado and Southern Railway Company
(Great Western Lines, LLC) right of way, all of Lot Four (4), Block Three (3), Together with the South
one-half of vacated Third Street adjoining the North end of said Lots Three (3) and Four (4), CITY OF
GREELEY, County of Weld, State of Colorado
Parcel 2:
Those portions of Lots 2, 3 and 4, Block 3 of the plat of the Town of Greeley, Weld County , Colorado,
according to the official recorded plat thereof, described as follows, to -wit:
Beginning at the Northwest corner of said Block 3;
Thence East along the North line of said Block 3 to the intersection with a line drawn concentric with
and distant 15.0 feet Southwesterly, as measured radially from the Great Western Lines, LLC (formerly
the Colorado and Southern Railway Company) main track centerline, as now located and constructed;
Thence Southeasterly along said concentric line to the South line of said Lot 2;
Thence West along said South line to the intersection with a line drawn concentric with and distant 50.0
feet Southwesterly, as measured radially from said main track centerline;
Thence Northwesterly along the last described concentric line to the West line of said Lot 2;
Thence North along said West line to a point 45.0 feet Southwesterly, as measured radially from said
main track centerline;
Thence Northwesterly along a line drawn concentric with and distant 45.0 feet Southwesterly, as
measured radially from said main track centerline to the North line of said Lot 4;
Thence East along the North line of said Block 3 to the Point of Beginning,
County of Weld, State of Colorado.
Parcel 3:
All that part of Lot 2, Block 3, Town of Greeley, Weld County, Colorado lying South and West of a line
50.00 feet Southwesterly of and parallel to the centerline of the mainline of the Great Western Lines,
LLC Railroad as currently constructed,
County of Weld, State of Colorado.
File No.: 459-H0240859-084-MG4 Policy No.: H0240859 -OP
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easements, not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the land would disclose, and which are not shown by the
public records.
5. 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.
6. All taxes and assessments for the year 2009 and subsequent years, a lien, but not yet due or
payable.
7. Restrictions contained in various deeds of recording providing substantially as follows: that
intoxicating liquors shall never be manufactured, sold or given away in any place of public resort
as a beverage, on said premises; and that in case any one of these conditions is broken or
violated, this conveyance and everything herein contained shall be null and void; and also in
further consideration, that the said party of the second part shall never present or prosecute any
claims for damages done by any irrigating ditch which passes through or may pass through the
land described in this conveyance, against the party of the first part.
8. Encroachment upon easterly and northeasterly property by the fence appurtenant to subject
property, as shown on Improvement Location Certificate by Jones-Wininger dated November 3,
1989, Project Number/File Number 1989-84, as disclosed by Special Warranty Deed recorded
March 6, 1990 at Reception No. 2207068.
An undivided 100% interest in all coal, oil, gas, casing head gas and all ores and minerals of
every kind and nature as reserved by The Burlington Northern and Santa Fe Railway Company, a
Delaware Corporation recorded on February 2, 1999 at Reception Number 2670992 and
Correction Quitclaim Deed recorded October 20, 2000 at Reception Number 2801614 , and any
and all assignments thereof or interests therein.
10. Reservation of a nonexclusive permanent easement to operate, maintain, reconstruct and modify
any and all fiber optic lines, communication lines used by Grantor, and facilities related to such
fiber optic lines, including the right of ingress and egress for the sole purpose of operating,
maintaining, and as necessary, reconstructing such lines in Deed recorded February 2, 1999 at
Reception Number 2670992 and Correction Quitclaim Deed recorded October 20, 2000 at
Reception Number 2801614 , and any and all assignments thereof or interests therein.
11. The following matters as disclosed on Improvement Location Certificate by Gillians Land
Consultants LLC dated April 19, 2007: Fence Lines do not coincide with the property lines.
First American Title Insurance Company
File No.: 459-H0240859-084-MG4 I Policy No: H0240859 -OP
SCHEDULE B
EXCEPTIONS FROM COVERAGE
(Continued)
12. All matters shown on Land Survey Plat by Thomas Survey Services, LLC, Project No. 0705.012,
dated June 4, 2007 and recorded on June 7, 2007 at Reception Number 3481776.
13. An Oil and Gas Lease, from Robert Stanley Company as Lessor(s) to Mineral Resources, Inc. as
Lessee(s) dated August 27, 2008, recorded August 28, 2008 at Reception Number 3574949, and
any and all assignments thereof or interests therein.
14. The effect of inclusion within the boundaries of the Greeley Downtown Development Authority
District as disclosed by Ordinance No. 01, 2009 recorded January 19, 2009 at Reception Number
3600153.
15. Marketability: the Company will not insure the title to Parcels 2 or 3 as marketable until a date
six months after the Decree recorded April 24, 2009 at Reception Number 3618593 subject to the
approval of Counsel for the Company, its agents or subsidiaries.
NOTE: Item(s) 9 and 13, above refer to recorded evidence that a mineral estate has been
severed, leased, or otherwise conveyed from the surface estate.
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