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Home My WebLink About20090729.tiff• • • • • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Turnpike The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Lot B of Recorded Exemption No. 1477-09-2RE1514, Recorded October 18, 1993 in Book 1407 as Reception No. 2355469, being a part of the Northwest Quarter of Section 9, Township I North, Range 63 West of the 6111 p.m., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1581277 Reception No. 2210595 Reception No. 2212709 Reception No. 2355469 Reception No. 2476443 Reception No. 3200580 Reception No. 3200582 Reception No. 3463826 Reception No. 3499481 , Book 1260 , Book 1263 , Book 1407 , Book 1532 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 18"' day of November, 2008 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: 2a4l9.l 'L Kerri All son Title Examiner EXHIBIT 2009-0729 Firr -wry' 17 1 1711r7771tIr!!'n^717"7rrIwTrr.r.n. 11 Tir • i eaf * the West Half (li) of Snct1➢s Nino (ex,ahi 9). 2op c' a Sort'] (V-: e 1'=y yt Bongo 8izt1'-thraa West ({.,�:?) na u+ C(.1tO 'c rnrcn... of land located to trT Sr ,^t onYner •t; of said Section Tina (9), rrfl stn,2.,e1n rsooptdd. psrinCi.ss eF en!! ))O th end south by 50 feet Bast arid Y',Dgr ond .1 51 ] G rte a ; pin. in Book 1311 Weld County e s."dith re'rdectf," -?: r\` PPP e .trr gca.io"] F(- 1 d ?ce. '▪ t .h 11 ester rights so teini f t orot , T ',zed in cawpotictt heyovitL' n 4 t allotted, or 2;55 G,t1.:^n ai i, t o ra land-ate; ♦F ", ✓ s a result of its n ll lGO. 4.,is l,a (t '3' oee n n-' rS T ration District; `lc -'•n n '1.+:�_ yya of sash; • -Sole coiti g c a,. C0.3..ic ',nasty Sn ACC :tun o x2 f3t �•• Dire th.9Noc2 arta socurad ▪ C1Fng.t eel/A realty ,, ,.J .�.i .>e auecTatica`1 y ra'? r,flso hereby testaring• rig:, Ptt t r_!iFi r 7 A0,, Grantors iney hove to .0.1t1.07.1 51 ;;, 01k,.39P- PU0203,"d1 o ten on siO.d lerA 3,0 ;. 4 • i renreso tatlora Hi.n—"iticn thcatc by tt AN kt r gqpU.6p611 Neer:an el the 1.[ F to *tsetse, e, H1tst • • s�,�¢YlTiea hi a Gr:7II'Jn, 33r An.,, rnnBockR 03t 0 ':➢`Afti� no ,iYt 4^0-03,'-3 3 -Pt Vat �... as a q at a 6v at rt e9i,.nsy-pyz s...xsf a�...aC...¢1�..�ia �ns.s>a...,.� o txo 11Sn Book 223 et ”o - cry 12. ul Ak 4•">^^.3 Pro es 3. s tt��,ftft o © tit 119 . oreaaia rCtStzic ion C�appgg'Or3@81a tf 0Ya 3 ion. Se Gf9 ,l 't6:b..._....._.._...� ^! TniF:.2...a fa. 7k. In Ytho ?term" at ,Fif a.C. .�-- 'i i. z ROT i , A He ] Rt H iir ° (3,n, Orville B. H.tSl+rG =AM 6r Cmr.RKA.' DO, }et no forec 3 !nstn.ocnt MA es3.roniv".5st haw, mx 6th : • A -nc4 day eY staZza.^.;;,' 10 .l2 .f.4_ B pi�,n3...and..H>o.A.nn.......3ipill...ans1...G.ni),ltza_ hay.,a,l r OPrtI'`� Seale* takes tor ..aY..iy.l4ceY'� Nemsy seaxA J G e-ale-Y-.....fC rfon -4 lit Y.. GY._.._ - AapAedrt' 0€GD- rA7urcav Past vta Istlerellia,tOC Itlethe.—ms C. r. mein ea. &a n il, 4M. MOW r B 1260 REC .0595 04/11/90 16:51 a 20.00 /004 F 2196 MARY FEUERSTEIN CLERK & RECORDER wEL4Ipb, CO AR2a10595 • WARRANTY DEED THIS DEED, Made this ? day of April, 1990 between John W. Meyers, Jr. and William E. Phillips State DocAnaSTY F; L$'O County of Johnson, State of Kansas, grantor(s) and White Mountain Ranch, a limited partnership organized and existing under the laws of the State of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd. whose legal address is c/o Stillwater Resources & Investments, Inc., 1333 West 120th Avenue, Suite 211, Denver, Colorado 80234 of the County of Adams, State of Colorado, grantee(s): WITNESSETH, That the grantor(s), for and in consideration of the sum of Two Hundred Thousand Dollars ($200,000.00), the receipt and sufficiency of which is hereby acknowledged have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the grantee(s), its successors and assigns forever, all the real property, together with improvements, if any, situate, lyieg and being in the County of Weld, State of Colorado, described as follows: See the attached Exhibit A. V TOGETHER with al] and singular the hereditaments and o appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in 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(s), its successors and assigns forever. And the grantor(s), for • themselves, their heirs and personal representatives, do covenant, grant, bargain, and agree to and with the grantee(s), its successors and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever; subject to the easements, rights of way, reservations and rights of public in public roads listed on attached Exhibit B. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor(s) have executed this deed oN the date set forth above. • Iv lam' 14/ ohn W. Meyers, Jr. W E. 1 1 STATE OF COLORADO COUNTY OF WELD The foregoing instrument was acknowledged before me this 3^0_ day of April, 1990 by John W. Meyers, Jr. and William E. Phillips. Witness my hand and offi(ciaqq] seal. �� la& i.t Off, //c'-%c•AA )Ss. AY c IERRI l VOKINS plrE s: ^'•a Public • State of Kansas L ... Expires %•$/-1%Z SKLD LG SKL10422 WE 2210595-1990.001 N terry Puolic B 1260 REC 02210595 04/11/90 16:51 ,520.00 2/004 F 2197 MARY ANN FEUERSTEIN CLERK 8 RECORDER WELD CO, CO EXHIBIT A TO TEE WARRANTY DEED The following described Property: The Northwest Quartet (NW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with all and singular; the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the land herein described, including but to limited to the following: The water rights repr^sented by Final Permit No. 31595 -FP (formerly Permit No. 11587-R): Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically including the irrigation well and easement and right-of-way on, across and under the Southwest Quarter (SW1/4) of Section 9, Township 1 North, Range 63 west of the 6th P.M., as reserved unto the Grantors in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. 11587R (now Final Permit No. 31595 -FP), together with permanent access for ingress and egress to said well on the existing East-West farm road to operate repair, maintain, redrill and/or replace said well, the underground pipeline from said well, which supplies water from said well to the Northwest Quarter (NW1/4) of Section 9, Township 1 North, Range 63 West of the Gth P.M., subject to the obligation to reimburse the grantees of said Deed recorded in Book 890, Reception No. 1811818, in the event of destruction of crops resulting from operation, repairs and/or replacement of said well No. R11587 and the underground pipeline therefrom, which obligation the grantee of this Deed assumes and agrees to perform; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and SKLD LG SKL10422 WE 2210595-1990.002 r B 1260 REC 02595 04/11/90 16:51 820.• 3/004 F 2198 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO irrigation equipment; and specifically including: A 1963 Nashua mobile home, Vehicle Identification No. UTW21K6566 (also referred to as a 12 x 48 Housetrailer); and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. SKLD LG SKL10422 WE 2210595-1990.003 B 1260 REC 10595 04/11/90 16:57 4/004 F 2199 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO EXHIBIT B TO THE WARRANTY DEED 1. Any interest which may have been acquired by the public in the North and West 30 feet of subject property by reason of resolution of Board of County Commissioners recorded October 14, 1889 in Book 86 at Page 273 which provides for public roads 60 feet in width being 30 feet on each side of section lines on the public domain. 2. Right of way and easement for "Enlargement of the D.A. Ford Reservoir No. 4" as evidenced by Statement filed August 26, 1907 as No. 121990. Describes W1/2 NW1/4 and NE1/4 of NW1/4, 9-1-63 (with other lands). 3. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4. Easement and right of way for railroad purposes, as granted to The Chicago, Burlington & Quincy Railroad Company by Charles B. Christy, in the instrument recorded July 9, 1925 in Bock 779 as Reception No. 465364, affecting the following described property: A strip of land 50 feet wide on the Westerly side of and adjoining the center line of the beet spur track of the railroad of said railroad company as now surveyed, over and across the E1/2 of the W1/2 of Section 9, Township 1 North, Range 63 West of the 6th P.M., and a strip of land 50 feet wide on the Easterly side and adjoining said center line of the railroad over and across the W1/2 of the NE1/4 of said Section 9. It is also stipulated that if this land hereby conveyed shall cease to be used for railroad purposes in that event it shall revert to this grantor. 5. Easement and right of way for road purposes, as granted to Weld county, Colorado by Fred Durbin, in the instrument recorded March 25, 1931 in Book 911 at Page 64, affecting the following described Property: A strip of ground 10 feet wide it being all of the South 10 feet of the North 40 feet of the N1/2, Section 9, Township 1 North, Range 63 West of the 6th P.M. SKLD LG SKL10422 WE 2210595-1990.004 REC 02212709 05/03/90 16:27 6150.00 1/030 MARY ANN FEUERSTEIN CLERK d RECORDER WELD CO. CO WARRANTY DEAD THIS DEED, Made this ¶6th day of ;grit ,1990. ,White Mountain Ranch, a limited partnership organize and existing under the laws of the State of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd. of he • County of Adams . State of Ceiorado. grantor( l and Eagle Peak Farms, Ltd., a Colorado limited partnership if. I whose legal addles. is c/o One Park Centre 1333 West 120th Avenue, Suite 211 Denver, Colorado 80234 of the County of Adams • State Documentary Fee Date 5-3- 90 $ `7/47.5 . State of Colorado. granted, WITNESSETH. That the grntonix for and in consideration or the sum of Four Million Seventy -Four Thousand ij and Two Hundred Twenty Dollars ($4,074,220.00) - HcutwRRe the receipt and sufficiency of which is hereby nkmr hlged.la S tmI� 6ainNsold and conveyed. and by these presents deeS grant. ill $ueCOn1tnigns forcer. all the teal property. to r him bargain, sell. convey. and confirm. unto the gmmMs). 1t5 Fn srwit pmsemems. � if any. situate. lying and being in the County of Weld . State of Colorado. described as follows: See the attached Exhibit A. m IFIRAPgwina9RMSAPM9wac TOGETHER with all and singular the hemfdamcros and appurtenances thereto belonging. or in anywise appertaining. and the reversion and II reversions. remainder and remainders. rents. issues and profits theml. and all the estate. right. title. interest. claim and demand whatvner of the grantorld. either in law or equity. of. in rind to the above bargained premises. with the herrditaments and appurtenances. t' 10 HAVE AND TO HOLD the said above bargained and described rwcith tahene,%'�ccp�enesn. unto the granteelsl, its SDC56&s��,gr5,, assigns foresee.. And the motored. for premises pvssaa its SHCS&ri5BiatailiDRi.asNa�IeeS nwen+rt.Fnnt.bargain. and agree to and with the granteets) its Is 405.. 405.. hat at the tine ofthe enscaling and delivery ortMse presents, it is sad' seized of the premises above conveyed. lea god. sure. perfect. absolute and indefeasible estate of inheritance, in law, in fee simple. and ha S good right. full power and authority to grant. bargain. sell and convey the same in manner and tom as aforesaid. and that he same am free and clear from all former and other grans bargains. sales. liens. taxes. assessments.encumbrances. and restrictions of whatever kind or nature SC Vin, excel" See the attached Exhibit A. The grams )shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the sac e socrs granted°, its ardassigns. aeaimt all andeveryperson Or goons lawfullyclaiming the whole or any part thereof. IN WITNESS WHEREOF. the grantor Id hasexecuted this deed on the date set forth love. White Mountain Ranch, a limited partnership organized and existing under the laws of the cf ate ofd and Aoing business in Colorado as Colorado White Mountain oanch, Ltd By: WE llam M. Weaver, Jr. General Partne%cATE OF�M New York Con or The foregoing in,tmment wasnacknowdndged More me this b g A Lyn at Ric,. I .w CIO hY William M. Weaver, Jr., as General Partner of White Mountain Ranch, a limited My commission expires Wiens my hard and official seal. *partnership organized and existing under the laws of 5a f Nevada and II registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd. •11 to Denver. insert "City and-. ELISA A. RIZZO Notary Ruhlic. Sale PI New York No_2d.aazmdde. Oueli9eaia Klg.,County-.____-_- No. 932. Res.3.a5. madeteTa nitnnmr twmmmon'tmse+l Commission Expires Sept 30, 1990 mama manning. rat Vino SL. Donn.. CO 60`02 — 1303)292-2500 — I2.9a t No. 91_. Re,.l- 11n Au •A1nvnF. I'!'insinzmpllei Ii u.n P„N„ho,, ;I, x,«eS; , m„ bMenlied In Pings County Commission Expir Sept 30. 1990 B 1263 REC 02212709 05/03/90 16:27 150.00 2/030 F 0002 MARY ANN FEUERSTEIN CLERI( 6 RECORDER WELD -0, CO EXHIBIT A TO THE WARRANTY DEED The property shall include the following: PARCEL A.: Parcel 1: Lot B of Recorded Exemption No. 1477-30-2- RE564, recorded August 10, 1982 in Book 974, Reception No. 1900026, being a part of the W1/2 of the W1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Parcel 2: The Wl/2 of Section 29, Township 1 No�th, Range 63 West of the 6th P.M., Weld County, Colorado. Together with all and singular, the hereditanents and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, :ences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: The water rights represented by Well Permit No. 464 -FP (former Permit No. 464R), Well Permit No. 467 -FP (former Permit No. 467R), Well Permit No. 8533 -FP (former Permit No. 8533R), Well Permit No. 8534 -FP (former Permit No. 8534R), and Well Permit No. 8535 -FP (former Permit No. 8535R); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; The water rights represented by Well Permit No. 30635 and Well Permit No. 135893-A (former Permit No. 135893). Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and B 1263 REC 709 90 7 al50.00 3/030 F 0003 MARY OANN 2FEUERSTEIN/ CLERIC & 2 RECORDER WELD CO. CO other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to: (a) All interest in the Oil and Gas Lease between Johnnie Jakel, Robert T. Jakel and James R. Jakel, as Lessors, and Energy Minerals Corporation, Lessee, for a primary term of three (3) months dated February 5, 1981, and recorded February 10, 1981 in Book 927 as Reception No. 1849265; and the extension of said Lease as claimed by Affidavit of Lease Extension or Production, filed pursuant to Section 38-42-106, C.R.S., by Energy Minerals Corporation, dated June 8, 1981, and recorded June 15, 1981 in Book 938 as Reception No. 1860496 (covering the W1/2 of W1/2, Section 30); (b) All interest in the Surface Lease between William H. Bell, Lessor, and Crystal Oil Company, Lessee, for a primary term of two (2) years, and thereafter on a year to year basis, dated May 18, 1981, and recorded August 14, 1981 in Book 944 as Reception No. 1866275 (parcel of land in the SW1/4 of Section 29); (c) All interest in the Surface Lease between William H. Elell, Lessor, and Damson Oil Corporation, Lessee, for a primary term of two (2) years and thereafter on a year to year basis, dated April 14, 1982 and recorded October 4, 1982 in Book 979, Reception No. 01905324 (parcel of land in the SW1/4 of Section 29); (d) All interest in the Surface Lease between William H. Bell, Lessor, and Damson Oil :ompany, Lessee, for a primary term of two (2) years and thereafter on a year to year basis, dated May 6, 1982, and recorded October 4, 1982 in Book 979, Reception No. 01905323 (parcel of land in. the SW1/4 of Section 29); (e) All interest in the Surface Owner's Agreement between William H. and Carol C. Bell, Lessors, and Champlin Petroleum Company, Lessee, for a period of one (1) year or longer, dated September 30, 1983 and recorded November 30, 1983 2 9 1753 REC 02212709 05/03/90 16:27 5150.00'^ r4/030 B 1263 REC 02212709 05/03/90 16:27 6150.00 4/030 F 0004 MARY ANN FEUERSTEIN CLERK 8 RECORDER WELD CO, CO in Book 1014, Reception No. 01948340 (covering the NW1/4 of Section 29); (f) Any and all after -acquired rights, interest and reversions to said minerals, including but not limited to, mineral rights to revert to surface owner fifteen (15) years from August 20, 1982, as reserved by James R. Jakel and :.gran R. Jakel in the Deed to William H. Bell and Carol C. Bell, recorded August 20, 1982 in Book 975, Reception No. 1901408, and mineral rights to revert to surface owner twenty (20) years from March 28, 1974, pursuant to a Warranty Deed from Doris L. Abbott to LeRoy Schlagel and Alberta J. Schlegel, recorded April 3, 1974 in Book 711, Reception No. 1633293. The property is subject to the following restrictions and limitations: 1. Rights of way for County Roads thirty (30) feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. (affects Parcels 1 and 2) 2. Easements on behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757; and Western Gas Supply Company. recorded April 2, 1985 in book 1063 as Reception No. 2004300. (affects Parcels 1 and 2) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U. S. Patent recorded April 26, 1926 in Book 460 at Page 153. (affects Parcel 1) 4. The Distributing Ditch, and any and all rights of way therefor, as evidenced by Map and Statement filed August 24, 1911 as Filing No. 169692, insofar as the same may affect subject property. (Affects Parcel 1) 5. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, used or useful in the operation of said line, 3 8 1263 REC 02212709 05/03/90 16:27 ,x'150.00 5/030 F 0005 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO as granted to The United States of America by John Jakel and Lavern Mae Jakel, in the instrument recorded April 21, 1951 in Book 1301 at Page 112, affecting the following described property: The center line of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said NW1/4, Section 25, being 1374 feet South of the Northwest corner of said Section 25; thence S89 5 ' a distance of 2645 feet, more It less, point on the East line of said NW1/4, being 1388.6 feet South of the North quarter -corner of said Section 25. Beginning again at a point on the West line of said W1/2 NW1/4, Section 30, being 1305.5 feet South of the Northwest corner of said Section 30; thence S89°57'E a distance of 1303.7 feet, more or less, to a point on the East line of said W1/2 NW1/4, being 1363.3 feet South of the North line of said Section 30, whence the Northwest corner of said Section 30 bears N45°00'W 1848 feet. Said easement being 37.5 feet of either side of the above centerline. (Affects Parcel 1) 6. All Mineral Rights not previously reserved to revert to Surface Owner 15 years from August 20, 1982, as reserved by James R. Jakel and Karan L. Jakel in the Deed to William H. Bell and Carol C. Bell, recorded August 20, 1982 in Book 975 as Reception No. 1901408, and any interests therein or rights thereunder. (Affects Parcel 1) 7. Reservations by the Union Pacific Land Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded September 18, 1908 in Book 233 at Page 163. (affects Parcel 2) 8. All rights of way for all reservoirs, canals, waterways and ditches that are now upon said premises or any part thereof, together with the right to operate, maintain and repair the same; also the right to construct, operate and maintain over, upon or across said land 4 B 1263 REC 02212709 05/03/90 16:27 J 150.00 6/030 F 0006 MARY ANN FEUERSTEIN CLERK S RECORDP WELD CO, CO such canals, ditches, laterals and waterways of such dimensions and capacities as may be required for the proper irrigation of other lands, now owned by the first party, together with the right of ingress and egress along, upon, over, and to and from said canals, ditches, laterals and waterways, as reserved by Chicago Title and Trust Company by instruments recorded April 26, 1928, in Book 847 at Page 203 (Affects SW1/4 SW1/4 Section 29); recorded April 26, 1928, in Book 847, at Page 204 (Affects NW1/4 SW1/4 Section 29); and recorded August 17, 1932, in Book 936, at Page 124 (Affects NW1/4 and E1/2 SW1/4 Section 29). (Affects Parcel 2) 9. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, used or useful in the operation of said line, as granted to The United States of America by Viola D. Sargent, in the instrument recorded March 30, 1951 in Book 1299 at Page 189, affecting the following described property: The South half of the Northwest quarter (S1/2 NW1/4), Section 29, Township 1 North, Range 63 West of the 6th Principal Meridian. The centerline of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said S1/2 NW1/4, Section 29, being 1434.5 feet South of the Northwest corner of said Section 29; thence South 89'55' East a distance of 2686.6 feet, more or less, to a point on the East line of said S1/2 NW1/4, being 1439 feet South of the North Quarter -corner of said Section 29. Said Easement being 37.5 feet of either side of the hereinabove described centerline. (Affects Parcel 2) 10. A Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of Weld County, Colorado for the use of the Federal Land Bank of Wichita, Wichita, Kansas, to secure a promissory note in the amount of Five Hundred Fifty -Six Thousand Dollars (8556,000.00), dated August 17, 1982 and recorded August 20, 1982 in Book 975, Reception No. 1901409. (Affects Parcels 1 and 2) 1263 REC 02212709 05/03/90 16:27 J 150.00 7/030 0007 MARY ANN FEUERSTEIN CLERK & RECOROF3 WELL, CO, CC Security interest under the Uniform Com:nercio'_ Code affecting the subject property as I. 'icat:d by Financing Statement from William H. Bel_ and Carol C. Bell, debtors, to the Federal Land Bank of Wichita, secured party, filed August 20, 1982 as Filing No. U0176573 and recorded August 20, 1982 in Book 0975, Reception No. 01901410. (Affects Parcels 1 and 2) Parcel 1: The SW1/4 of Section 18, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Parcel 2: The NE1/4 of Section 24, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado. together with all and singular, the hereditaments and appurtenances thereto belonging, or in a.:ywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; All interest in the small capacity wells represented by Permit Nos. 81267 and 81268, and any other wells located on, or appurtenant to, the land described above. Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; B 1263 REC 02212709 0/03/90 16:27 5150.00 8/030 F 0008 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired; including, but not limited to: All right, title and interest in the Oil and Gas Lease between William H. Bell and Carol C. Bell, Lessors, and Mormac Oil and Gas Company, Lessee, for a primary term of two (2) years, dated March 1, 1981 and recorded April 7, 1981 in Book 932 as Reception No. 1854477; and the extension of said Oil and Gas Lease as claimed by the Affidavit filed pursuant to Section 38-42-106, C.R.S., by Carl A. Houy, dated November 19, 1982 and recorded November 29, 1982 in Book 982 as Reception No. 1909811; and All right, title and interest in the Oil and Gas Lease between William H. Bell and Carol C. Bell, Lessors, and Griffin Petroleum Company, Lessee, for a primary term of three (3) years, dated August 31, 1981 and recorded September 21, 1981 in Book 948 as Reception No. 1869682. The property is subject to the following restrictions and limitations: A 1. Rights of way for County Roads thirty (30) feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects Parcels 1 and 2) 2. An undivided 1/2 of all oil, gas and other and mineral rights areserved by The Federal of Wichita in the Deed to Orville B. Shaklee, August 28, 1942 in Book 1098 at Page 97, interests therein or rights thereunder. Parcel 2) minerals, Land Bank recorded and any (Affects 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded March 8, 1917 in Book 460 at Page 10, 7 B 1263 REC F 0009 MARYOANN2709 / 16:27 9/030 FEUERSTEIN CLERK & RECORDER WELD CO, CO (affects Parcel 1) and recorded April 19, 1916 in Book B 1263 REC 02212709 05/03/90 16:27 S150.00 9/030 F 0009 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (affects Parcel 1) and recorded April 19, 1916 in Book 385, at Page 164. (Affects Parcel 2). 4. Right of way 50 feet wide as granted to The Chicago Burlington and Quincy Railroad Company by Right of Way Deed recorded July 9, 1925 in Book 779 at Page 242. NOTE: Said right of way is on the Southerly side of and adjoining the center line of the beet spur tract as now surveyed over and across said land. (Affects Parcel 1) 5. Existing railroad right of way as evidenced by right of way deed recorded July 9, 1925 in Book 779 at Page 242, the exact location is not disclosed of record. (Affects Parcel 1) 6. The Shaklee Ditches and a right of way therefor, as evidenced by map filed December 27, 1927 in Book 6 of Maps at Page 93. (Affects Parcel 1) 7. Right of way 50 feet in width along the North line of said quarter section to the C.B., and Q. Railroad Company as same is now located, reserved in Deed from First National Bank of Greeley, Colorado, Trustee to LeRoy Schlegel and Alberta J. Schlagel, recorded December 28, 1973, in Book 705 as Reception No. 1627422. (Affects Parcel 1) 8. Oil and gas lease between William H. Bell and Carol C. Bell and Mormac Oil and Gas Co., Denver, Colorado dated March 1, 1981, recorded April 7, 1981 in Book 932 as reception No. 1854477, and any interests therein or rights thereunder. (Affects Parcel 1) NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to Section 118-13-6, C.R.S. 1963, now referred to as Section 38-42-106, C.R.S., by Carl A. Houy, recorded November 29, 1982 in Book 982 as Reception No. 1909811. 9. Oil and Gas Lease between William H. Bell and Carol C. Bell, Lessors, and Griffin Petroleum Company, Lessee, for a primary term of three (3) years, dated August 31, 1981 and recorded September 21, 1981 in Book 948 as Reception No. 1869682, and any interests therein or rights thereunder. (Affects Parcel 1) 8 B 1263 REC 02212709 05/03/90 16:27 S150.00 10/030 F 0010 MARY ANN FEUERSTEIN .:LERK & RECORDER WELD CO, CO 10. Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of the County of Weld for the use of +A.. Vd,Aek-ml iar.A went. of WI h4 to to eenhire Five 8 1263 REC 32212709 05/03/90 16:27 5150.00 10/030 F 0010 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO 10. Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of the County of Weld for the use of the Federal Land Bank of Wichita, to secure Five Hundred Fifty -Six Thousand Dollars ($556,000.00), dated August 17, 1982 and recorded August 20, 1982 in Book 975 as Reception No. 1901409. (Affects Parcels 1 and 2) 11. Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of the County of Weld for the use of the Federal Land Bank of Wichita, to secure Two Hundred Eleven Thousand Dollars ($211,000.00), dated March 26, 1984 and recorded April 12, 1984 in Book 1026 as Reception No. 1962842. (Affects Parcels 1 and 2) 12. Agreement for Pipe Line Across Right of Way between Chicago, Burlington fi Quincy Railroad Company and Robert J. Busch recorded on February 4, 1985 in Book 1057 under Reception No. 1997476. ((Affects Parcel 1) PARCEL C.: Parcel 1: Lot 2, and the E1/2 of the SW1/4, and the SE1/4 of Section 7, also known as the S1/2 of Section 7, Township 1 North, Range 53 West of the 6th P.M., Weld County, Colorado. Parcel 2: The E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Parcel 3: A perpetual right of way and easement over and across the West 16 feet of the SE1/4 of Section 18, the West 16 feet of the NE1/4 of Section 18, and the West 16 feet of the E1/2 of Section 19, all in Township 1 North, Range 63 West of the 6th P.M., for the purpose of installing, operating and maintaining thereon a water transmission pipeline. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or 9 B 1263 REC 02212709 05/03/90 16:27 5150.00 11/030 B 1263 REC 02212709 05/03/90 16:27 6150.00 11/030 F 0011 MARY ANN FEUERSTEIN CLERIC S RECORDER WELD CO, CO used on the lands herein described, including but not limited to the following: the water rights represented by Well Permit No. 236- R, also referred to as Final Permit No. 31519 --FP, Well Permit No. 235-R, also referred to as Final 'nrmit No. 31518 -FP, Well Permit No. 237-R, also referred to as Final Permit No. 31520 -FP, Well Permit No. 13205, and Well Permit No. 69377, and all interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage- of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, (A) the pipeline for irrigation water as reserved in the deed recorded on March 19, 1975, as Reception No. 1656259; (B) the easements described in the documents recorded at Book 1028, Reception No. 01965008, Book 570, Reception No. 1491695, and Book 1057, Reception No. 01997476, in the offices of. the Weld County Clerk and Recorder, and said easements shall be subject to documents recorded February 20, 1922 in Book 672 at Page 154, and March 5, 1970 in Book 621 as Reception No. 1543.408, and any applicable amendments; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to, all interest in the Oil and Gas lease between William C. Busch and Sally R. Busch, as Lessors and Donald I. Foster, as Lessee, for a primary term of two years, dated October 25, 1980, and recorded October 30, 1980 in Book 918 as Reception No. 1840202, and any interest therein or rights thereunder; and the extension of the said lease as claimed by Affidavit of Production, filed pursuant to Section 38-42-106, C.R.S., by Griffin Oil and Gas, Inc., and recorded August 15, 1983 in Book 1004 as Reception No. 1937115, and the ratification of the Oil 10 B 1263 REC 02212709 05/03/90 16:27 J 150.00 12/030 F 0012 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO and Gas Lease dated November 21, 1980 and signed by William C. Busch and Sally R. Busch and Robert 3. Busch and bi L. Busch, and the Extension of Oil and Gas Lease dated February 8, 1982 and signed by William C. Busch and Sally R. Busch and Robert J. Busch and Rubi L. Busch; except for an undivided one-half interest in all oil, gas and minerals underlying the E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. as retained in a deed recorded in Book 734, Reception No. 1656259, in the Books and Records of the Weld County Clerk and Recorder. The Property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects all of subject property) 2. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128. (Affects S1/2 of Section 7) 3. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority of United States. in U.S. Patent recorded April 5, 1911 in Book 131 at Page 425. (Affects NE1/4 Section 30) 4. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded November 25, 1916 in Book 385 at Page 192. (Affects SE1/4 Section 30) 5. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, as granted to the United States of America by Allen G. Abbott, in the instrument recorded March 15, 1951 in Book 1297 at Page 529, affecting the following described property: 11 B 1263 REC 02212709 05/03/90 16:27 4150.00 13/030 F 0013 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO Beginning at a point on the West line of said NE1/4, Section 30, being 1421 f -,et South of the North quarter -corner of said Section 30; thence 589°57'E a distance of 2717.3 feet, more or less, to a point on the East line of said NE1/4, being 1434.5 feet South of the Northeast corner of said Section 30. Said easement being 37.5 feet of either side of the herein above described L nterline. 6. Easements on behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated Natural Gas, Inc., recorded April 10, 1981 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded March 9, 1983 in Book 990 As Reception No. 1919757; and Western Gas Supply Company, recorded April 2, 1985, in Book 1063 as Reception No. 2004300. 7. Deed of Trust from White Mountain Ranch, a limited partnership organized and existing under the laws of the State of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd.? to the Public Trustee of Weld County, Colorado, fork the use and benefit of William C. Busch and Sally R. Busch, dated November 29, 1989, to secure a promissory note in the principal amount of $600,000.00, and recorded November 30, 1989 in Book 1250, Reception No. 2198938. 8. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. patent recorded June 19, 1918 in Book 507 at page 37 (Affects NE1/4 Section 18), and in U.S. patent recorded November 6, 1924 in Book 668 at page 148 (Affects SE1/4 Section 18). 9. Right of way to construct an irrigation ditch granted to Harry F. Flock by Mamie Johnson, Administratrix of the Estate of Peter E. Johnson, deceased, and Fred R. Wright, Mortgagee by Assignment, by Right of Way Deed recorded April 7, 1943 in Book 1108 at Page 228. (Affects NE1/4 Section 18) 12 B 1263 REC 02212709 05/03/90 16:27 y150.00 1/030 F 0014 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO 10. Reservation of oil, coal and other minerals and rights of ingress and egress as reserved by Union Pacific Railroad Company in Deed to the Western Land Company, recorded September 18, 1908 in Book 233 at Page 163. (Affects E1/2, Section 19) 11. The right to construct, operate and maintain water conveyance facilities as reserved by Chicago Title and Trust Company as Trustee in the Deed recorded August 17, 1932 in Book 936 at Page 124. (Affects E1/2 of Section 19) 12. Mortgage from Chicago, Burlington & Quincy Railroad Company to The First Nation Bank of the City of New York and Frazier L. Ford, Trustee, recorded February 20, 1922 in Book 672 at Page 154, and Mortgage from Burlington Northern, Inc. to Morgan Guaranty Trust Company of New York and Jacob M. Ford, II, Trustees, recorded March 5, 1970 in book 621 as Reception No. 1543408. (Affects E1/2 of Section 18) PARCEL D.: Parcel 1: All that part of Section 27, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, lying North and West of Prospect Lateral. EXCEPTING THEREFROM a parcel of land conveyed to The Henrylyn Irrigation Distric by deed recorded June 9, 1923 in Book 711 at Page 148, being more particularly described as follows: BEGINNING at the Northwest corner of Section 27, running thence East along the North line of said Section for a distance of 620 feet, thence South 1060 feet, thence West 820 feet, thence North 1060 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM a parcel of land conveyed by Deeds recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 18, 1953 in Book 1352 at Page 249. Parcel 2: The SW1/4 of Section 22, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado EXCEPTING THEREFROM a parcel of land reserved in Deed recorded January 9, 1946 in Book 1169 at Page 65, being more particularly described as follows: A strip of land 100 feet wide, BEGINNING at the Northwest end of the Olds Reservoir embankment on the SW1/4 of the Section 22, and extending along the outer line of the right of way for the reservoir to the Southe,.st end of said embankment, B 1263 REC 02212709 05/03/90 16:27 150.00 15/030 F 0015 MARY ANN FEUERSTEIN CLERK s RECORDER WEL➢ CO, CO thence along the East side of said reservoi- site to the South line of the SW1/4 of said Section 22. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the lands herein described, including but not limited to the following: The water rights represented by Well Permit No. 12123 - FP (former Permit No. 12123-R), Well Permit No. 12124 - FP (former Permit No. 12124-R), the Carder -Bright Well, the A. P. Jackson Well, and the William Vogt South Well and any and all easements, rights of way and appurtenances thereto as evidenced by instruments recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 15, 1953 in Book 1352 pt Page 249 (Affects Section 27); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character owned by the grantor, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; and 14 9 a n I. B 1263 REC 02212709 05/03/90 16:27 >150.00 16/030 F 0016 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO Together with and subject to all interest in the Contract dated June 4, 1936 between Z. F. Carder and Vester Carder and W. H. Bright and John D. Bright, as recorded on Januar, 20, 1940 in Book 1056 at Page 119. The Property is subject to the following restrictions and limitations: 1. Rights of way for County Roads thirty (30) feet wide on each side of Section and Township 1l.nes, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects Section 27 and the SW1/4 of Section 22) 2. Reservation of right of way for any ditches or canals constructed by authority of United States, in U. S. Patent recorded September 11, 1923 in Book 677 at Page 47. (Affects SW1/4 Section 22) 3. Reservations by the Union Pacific Land Company of (1) all oil, coal and other minerals underlying subject property, (2) the exo.usive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded October 5, 1904 in Book 217 at Page 218. (Affects Section 27) 4. Easement and right of way for Olds Reservoir, as contained in Deed recorded February 25, 1929, in Book 861, at Page 431, in which the specific location is not defined. (Affects SW1/4 Section 22) 5. Easement and right of way for construction, use and maintenance of an irrigation ditch, and ingress and egress and regress, from ditch and pumping plant purposes granted to Arthur P. Jackson, Sr. by Vester Carder and Lucile Carder by instrument recorded February 21, 1948 in Book 1221 at Page 465 and March 15, 1953 in Book 1352 at Page 249, of said deeds, in which the specific location of the easement is not defined. (Affects Section 27) 6. Easement and right of way for Prospect Lateral, as evidenced by deed recorded May 10, 1921 in Book 650 at Page 12 in which the specific location is not defined. 7. Easement and right of wcy to construct, operate and maintain an electric transmission line, as granted to 15 B 1263 REC 02212709 05/03/90 16:27 J150.00 17/030 F 0017 MARY ANN FEUERSTEIN CLERK s RECORDER WELD CO, CO the United States of America by Vester Carder and Lucile Carder, Keenesburg, Colorado, in the instrument recorded May 10, 1951 in Book 1302 at Page 437, affecting the following described property: The South half of the Northwest quarter, and that part of the Northeast quarter lying North and West of Prospect LateTal, Section 27, Township 1 North, Range 63 West of the 6th P.M. The center line of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said S1/2 NW1/4, Section 27, being 1463 feet South of the Northwest corner of said Section 27; thence South 89'54' East a distance of 3965.5 feet, more or less, to a point on the center line of said Prospect Lateral, whence the Northwest corner of said Section 27 bears North 69°39' West 4226 feet. Said easement being 37.5 feet on either side of the centerline. 8. The property is also subject to the following easements, the precise location of which is not specified: (a) Mountain Bell Telephone Company, recorded October 1, 1981_.. Book 949 as Reception No. 1870705; (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917; (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; (e) Western Slope Gas Company, recorded aarch 9, 1983 in Book 990 as Reception No. 1919757; and (f) Western GasSupplyCompany, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARCEL E.: The East Half of the Northeast Quarter (E1/2 NE1/4) of Section 26, Township 2 North, Range 63 West of tt- 6th P.M., Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other B 1263 REC 02212709 05/03/90 16:27 B150.00 18/030 F 0018 MARY ANN FEUERSTEIN CLERK b RECORDER ';LD CO, CO homes and buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: An undivided one-third interest in and to the water rights and irrigation wells designated by Well Permit No. 31537 -FP (former Permit No. 5854-R, also known as Permit No. 5854), and Well Permit No. 31538 -FP (former Permit No. 5856-R, also known as Permit No. 5856-RF), and all interest in Well Permit No. 5855-R (also known as Permit No. 5655); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, `lumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, but not limited to, all right, title and interest in and to the Agreement between Larry Mowery and Alfred Cuykendall, dated October 7, 1986, and recorded on October 9, 1986, in Book 1131, Reception No. 02072717, of the Books and Records of the weld County Clerk and Recorder; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired, except those listed under the reservations and limitations below. m u B 1263 REC 02212709 05/03/90 16:27 J150.09 19/030 F 0019 MARY ANN FEUERSTEIN CLERK t RECORDER WELD CO, CO The property limitations: 1. Mineral Deed from Kathryn Dailey Representative of the Estate of Daniel Kathryn S. Dailey recorded December 27, 1016, under Reception Number 1951079. Records, in and to all of the oil, minerals in and under, and that may be said land. is subject to the following reservations and as Personal H. Dailey to 1983 in Book Weld County US, and other produced from 2. Deed of Conveyance from Maurice Dailey to Dailey Royalties, Inc., an Illinois Corporation dated July 8, 1985, and recorded July 19, 1985 in Book 1077, under Reception Number 2017646, Weld County Records. 3. Mineral Deed from Arthur Bryan Hall to Arthur Bryan Hall, Jr., an undivided 1/2 interest, and Jana Margaret Hall, an undivided 1/2 interest, effective December 31, 1986, and recorded January 26, 1987 in Book 1143, under Reception Number 2086041, Weld County Records. 4. Reservation as contained in instrument from Paul R. Cuykendall and Anne L. Cuykendall, as recorded January 28, 1976 in Book 758 under Reception No. 1679976, Weld County Records, which is as follows: "Reserving, however, unto the grantor all of the oil, gas, and other minerals lying in, upon, and under said premises together with the right of ingress and egress to prospect for and production of the same." 5. Right of Way granted to Western Slope Gas Company, a Colorado corporation, by instrument recorded April 10, 1981 in Book 933, under Reception Number 1654831, Weld County Records. 6. Mineral Deed from Christine McDannald Hall to Arthur Bryan Hall, an undivided 1/3 interest, Farris McDannald Hall, an undivided 1/3 interest and Elizabeth Hall Walker an undivided 1/3 interest, recorded October 14, 1976 in Book 779, under Reception No. 1701243, Weld County Records. 7. Mineral Deed from Mary Little McDannald to Mary Sue McDannald Carlson and Robert Morris McDannald, Jr., recorded February 13, 1976 in Book 759 under Reception Number 1681180, Weld County Records. 8. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by 18 ..1"09 05/03/90 16:27 J150.00 20/030 • • B 1263 REC 2 05/03/90 16:27 • 20/030 F 0020 MARY ANN FEUERSTEIN CLERIC SRECORDERWELD CO, CO the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273, Weld County Records. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 13, 1904 in Book 132 at Page 89. 10. Deed of Trust from White Mountain Rar n, a limited partnership organized and existing under the laws of the State of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd., and Eagle Peak Farms, Ltd., a Colorado limited partnership, for the benefit of Larry Mowery, dated April 5, 1990, to secure a promissory note in the principal amount of $70,000.00. 11. The property is also subject to the following general notices of underground facilities that have been filed pursuant to Section 9-1.5-103, C.R.S.: a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception. No. 1670705. b) Associated Natural Gas, Inc., recorded July 20, 1984 in Book 1037 as Reception No. 1974810. c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. e) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARCEL F.: An undivided 67$ interest in the following: Parcel 1: All of the Northwest Quarter of the Northwest Qu63arter (NW1/4 West of the 6th/4) ofP.M , SectWeldion 32, County,Township Colorado? North, Range Parcel 2: The South Half of the Northwest Quarter (S1/2 NW1/4) of Section 32, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado. Parcel 3: All of the North Half (N1/2) of Section 23, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. 19 • • • B 1263 REC 02212709 05/03/90 16:27 J 150.00 21/030 F 0021 MARY ANN FEUERSTEIN CLERK s RECORDER WELD CO, CO Parcel 4: The North 16-1/2 feet of the Southeast Quarter (SE1/4) of Section 22, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Parcel 5: A part of the Northeast Quarter of the Southwest Quarter (NE1/4 SW1/4), Section 32, Township 2 North, Range 63 West of the 6th P.M., more particularly described as follows: Beginning at the center of said Section 32; thence West along the North line of the Southwest Quarter of Section 32, 948.0 feet; thence South 56°17'20" East, 267.0 feet; thence South 73°22'10" East, 757.2 feet to the East line of the Southwest Quarter (SW1/4) of Section 32; thence North 89°56'30" East along said East line of Southwest Quarter (SW1/4) of Section 32, 365.0 feet to the point of beginning, containing 4.66 acres, more or less. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and specifically including without limitation the following mobile homes: 1972 Westchester Mobile Home, VIN No. E502688 (also referred to as Mobile Home); 1969 Town and Country Mobile Pur;ad Title No. 03E388186 (alsf 60 mobile home); and W65C2DOY11327R, Title a 12 x 70 Westchester Home, VIN 101211763, referred to as a 12 x Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: The water rights represented by irrigation well Permit No. "11526 -FP (former Permit No. 4477-R), which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4477, in the District Court for Weld County, Colorado, Civil Action No. 16704, No. 382 20 • • • B 1263 REC 02212709 05/03/90 16:27 5150.00 22/030 F 0022 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO by the Findings and Decree dated March 26, 10-1, and by irrigation well Permit No. 31527 -FP (former Permit No. 4478-R), which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4478, in the District Court for Weld County, Colorado, Civil Action No. 16704, No. 382, by the Findings and Decree dated March 26, 1971, and by small capacity well Permit No. 76464; All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property, and specifically including without limitation: The License for an eight -inch (8") aluminum irrigation pipe across the county road existing between Sections 22 and 23, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, said pipe traversing the county road from the Northeast Corner of the Southeast Quarter (SE1/4) of said Section 22 to the Southwest Corner of the Northwest Quarter (NW1/4) of said Section 23, as granted by The Board of County Commissioners, Weld County, Colorado to Leonard Baumgartner, and as conveyed to Dave and Creta J. Baumgartner by the Warranty Deed in Joint Tenancy recorded September 15, 1969 in Book 615, Reception No. 1536793, wherein the date of said License is stated to be March 19, 1969; including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated wit the foregoing property, and including without limitation, all well pumps, motors and irrigation equipment; Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or he. ?after acquired. 21 • • • B 1263 REC 02212709 05/03/90 16:27 3150.00 23/030 F 0023 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO The property is subject to the following limitations and restrictions: 1. Reservation of all oil, gas, and minerals underlying subject property, as reserved by William Hoff and Katherina M. Hoff, in instrument recorded March 13, 1958 in Book 1498, Page 529, Weld County Records. (Parcels 1 and 2) 2. Right of Way easement granted to Mountain States Telephone and Telegraph Company by instrument recorded November 11, 1974 in Book 726 under Reception Number 1648265, Weld County Records. (Parcel 1) 3. Mineral Deed from William Hoff and Katherina M. Hoff to George T. McMakin recorded June 25, 1975 in Book 742, under Reception Number 1663699, Weld County Records, conveying all interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 4. Mineral Deed from George T. McMakin and Lequita F. McMakin to L. P. Lowrey dated November 25, 1975, and recorded December 2, 1977 in Book 816, under Reception Number 1737537, Weld County Records, conveying an undivided 1/2 interest in and to all of the oil, gas and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 5. Mineral Deed from L. P. Lowrey to R. Ronald Schnier recorded December 2, 1977 in Book 816, under Reception Number 1737538, Weld County Records, conveying an undivided 1/2 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 6. Mineral Deed and Royalty Conveyance from Ben. H. Bregg and Artie P. Gregg to Ben H. Gregg, Jr. and Jane G. Wallower recorded April 28, 1966 in Book 566, under R -:.caption No. 1487904, Weld County Records, conveying an undivided 2/12 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 3 and 4) 7. Mineral Deed from Ben H. Gregg and Artie P. Gregg to Mark Vaughan Gregg, Kent Bradley Gregg and Gwendolyn Jane Gregg recorded April 28, 1966 in Book 566, under Receptio:, No. 1487905, Weld County Records, conveying an undivided 1/12 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 3 and 4) 22 • • • • • B 1263 REC 02212709 05/03/90 16:27 3150.00 24/030 F 0024 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 8. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded March 24, 1972 in Book 664, under Reception Number 1586146, Weld C, inty Records, conveying all interest in and to all of the oil, gas (gas, casinghead gas, distillate, condensate, helium and all other gaseous substances) & associated liquid hydrocarbons in and under, and that may be produced from said land. Said interest being reconveyed to Union Pacific Land Resources Corporation in Quit Claim Deed recorded on June 6, 1977 in Book 799 under Reception No. 1720995, Weld County Records. (Parcel 3) 9. Mine -al Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded January 25, 1978 in Book 821, under Reception Number 1742593, Weld County Records. (Parcel 3) 10. Oil and gas lease executed by Champlin Petroleum Company, as lessor, and Amoco Production Company, as lessee, recorded January 25, 1978 in Book 821, under Reception Number 1742594, Weld County Records. (Parcel 3) 11. Quit Claim of Right of Way and Surface Lease granted to Snyder Operating Partnership L.P. by instrument recorded August 5, 1987 in Book 1165, under Reception Number 2109449, Weld County Records. (Parcel 3) Estoppel of Ground Lessor on the foregoing Quit Claim of Right of Way and Surface Lease as recorded on December 28, 1989 in Book 1252 under Reception No. 221215. 12. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273, Weld County Records. 13. A Condition contained in the United States Patent recorded December 12, 1925 in Book 677, at Page 155, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a right of gay thereon for ditches or canals constructed by the authority of the United States." (Parcels 1 and 2) 14. A Condition contained in the United States Patent recorded July 3, 1902 in Book 201, at Page 60, Weld County Records, which states as follows: "Yet excluding and excepting from the transfer, by these presents, 'All mineral Lands' should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the 23 • • • B 1263 REC 02212709 05/03/90 16:27 5150.00 25/030 F 0025 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO terms of the statute, 'shallnot be construed to include coal and iron land'." (Parcel 3) 15. Reservation as contained in instrument from The Union Pacific Land Company to Anne Rhys dated August 25, 1908, recorded September 19, 1908 in Book 233 at Page 164, Weld County Records, which is as follows: "EXCEPTING AND RESERVING: FIRST: All coal and other minerals within or underlying said lands. SECOND: The exclusive right to prospect in and on said land for coal and other minerals, therein or which may ue supposed to be therein, and to mine for and remove from said land all coal and other minerals which may be found thereon by anyone. THIRD: The right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places, mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto, or for removal therefrom of coal, mineral, machinery or other materials. FOURTH: The right to Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction and to make any change in the form of construction or method of operation of said Railroad." (Parcel 3) 16. Deed for a 70 foot road on the West side of the Northwest Quarter as granted to Frank E. Mulvihill by instrument recorded June 6, 1922 in Book 622, at Page 428, Weld County Records. Said strip of land conveyed in Deed to Weld County recorded on June 27, 1922 in Book 622 at Page 443 of the Weld County Records. (Parcel 3) 17. A Condition contained in the United States Patent recorded March 12, 1924 in Book 677, at Page 86, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as my be recognized and acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel 4) 18. Reservation of an undivided one-half of all oil, gas, and minerals underlying subject property, as reserved by The Federal Land Bank of Wichita, in instrument recorded May 14, 1941 in Book 1078, at page 580 of the Weld County Records. (Parcel 4) 24 • • B 1263 REC 02212709 05/03/90 16:27 y' 150.00 26/030 F 0026 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO 19. Mineral Deed and Royalty Conveyance from Ben H. Gregg and Artie P. Gregg to Mark P. Gregg, Ben H. Gregg, Jr. and Jane G. Wallower, dated December 22, 1950, and recorded January 5, 1951 in Book 1291, at page 62 of the Weld County Records, conveying an undivided 3/4 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 3 and 4) 20. Oil and gas lease dated December 18, 1981 executed by Dave Baumgartner and Creta Baumgartner, as lessor, a2 in Bte9 ndCentennial Petroleum, Inc., as lessee, recorded d Weld January County Records, for , under Reception Number 1879090, a primary term of Two (2) years, and as long thereafter as oil, gas, other hydrocarbons, or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. (Parcel 4) 21. Subject to the terms and conditions of an Agreement between Mary A. White and Edgar J. Elam, as evidenced by instrument recorded March 14, 1931 in Book 912, at page 62, weld County Records. (Parcel 5) 22. Oil and gas lease dated August 22, 1978 executed by Merl E. Dunham aka Merle E. Dunham and Ruby L. Dunham, as lessor, and Energy Minerals Corporation, as lessee, recorded September 15, 1978 in Book 845, under Reception No. 1766675, Weld County Records, for a primary term of Three (3) years, and as long thereafter as oil, gas, or other hydrocarbons or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. (Parcel 5) 23. Reservation of 1/2 of all oil, gas, and minerals underlying subject property, as reserved by Merl E. Dunham and Ruby L. Dunham, in instrument recorded August 2, 19( in Book 1590, at page 426, Weld County Records. (Parcel 5) 24. A condition contained in the United States Patent recorded September 15, 1927 in Book 677, at Page 190, weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in c..nection with such water fights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel 5) 25. A Deed of Trust from White Mountain Ranch, a limited partnership organized and existing under the laws cZ the State of Nevada and registered and doing business in Colorado as Colorado 25 • B 1263 REC 02212709 05/03/90 16:27 >150.00 27/030 F 0027 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO White Mountain Ranch, Ltd. and Eagle Peak Farms, Ltd., a Colorado limited partnership, to Dave Baumgartner and Crete J. Baumgartner, dated April 6, 1990 and securing a promissory note in the principal amount of S430,000.00. 26. A Financing Statement from White Mountain Ranch, a limited partnership organized and existing under the laws of the State of Nevada and registered and doing business 1-n Colorado as Colorado White Mountain Ranch, Ltd., and Eagle Peak farms, Ltd, a Colorado limited partnership, to Dave Baumgartner and Crete J. Baumgartner, dated April 6, 1990 and securing a promissory note in the principal amount of S430,000.00, and recorded with the Colorado Secretary of State and Weld County Clerk and Recorder. 27. Oral farm leases with William H. Bell and Earl A. Baumgartner pertaining to all or a portion of the property and only for the year 1990. Grantor waives any claim or right to any crops or rental payments or any other claim associated with said farm leases. • The following gc-,eral notices of underground facilities have been filed pursuant to Section 9-1.5-103, C.R.S.: a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. b) Associated Natural Gas, Inc., recorded July 20, 1984 in Book 1037 as Reception No. 1974810. c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 es Reception No. 1979784. d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. e) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARCEL G.: The Northwest Quarter (NW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditchss and ditch rights, reservoirs and reservoir rights, springs and spring 26 • B 1263 REC 02212709 05/03(90 16:27 4'150.00 28/030 F 0028 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: the water rights represented by Final Permit No. 31595 -FP (formerly Permit No. 11587-R); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically' including the irrigation well and easement and right -of wayt on, across and under the Southwest Quarter (SW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., as reserved unto John W. Meyers, Jr., and William E. Phillips in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-11587 (now Final Permit No. 31595 -FP). together with permanent access for ingress and egress to said well on the existing east -west farm road to operate, repair, maintain, re -drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter (NW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., and is further set forth in said Warranty Deed; and including all headgatfs, flumes, diversion structures and measuring structures, pumps, motors and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and specifically including: A 12' by 48' house trailer (mobile home), 1963 Nashua, Vehicle Identification No. UTW21K6566; and Together with all minerals of whatever kinj or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. Tne property is subject to the following restrictions and limitations: 27 • • • B 1263 REC 02212709 05/03/90 16:27 S150.00 29/030 F 0029 MARY ANN FEUERSTEIN CLERK d RECORDER WELD CO, CO 1. Any interest which may have been acquired by the public in the North and West 30 feet of subject property by reason of resolution of Perd of County Commissioners recorded October 14, 1889 in Book 86 at Page 273 which provides for public roads 60 feet in width being 30 feet on each side of section lines on the public domain. 2. Right of way and easement for "Enlargement of The D.A. Ford Reservoir No. 4" as evidenced by Statement filed August 26, 1907 as No. 121990. Describes W1/2 NW1/4 and NE1/4 of NW1/4, 9-1-63 (with other lands). 3. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress end egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4. Easement and right of way for railroad purposes, as granted to The Chicago, Burlington E. Quincy Railroad Company by Charles B. Christy, in the instrument recorded July 9, 1925 in Book 779 as Reception No. 465364, affecting the following described property: A strip of land 50 feet wide on the Westerly side of and adjoining the center line of the beet spur track of the railroad of said railroad company as now surveyed, over and across the E1/2 of the W1/2 of Section 9, Township 1 North, Range 63 west of the 6th P.M., and a strip of land 50 feet wide on the Easterly side and adjoining said center line of the railroad over and across the W1/2 of the NE1/4 of said Section 9. It is also stipulated that if this land hereby conveyed shall cease to be used for railroad purposes in that event it shall revert to this grantor. - 5. Easement and right of way for road purposes, as granted to Weld County, Colorado by Fred Durbin, in the instrument recorded March 25, 1931 in Book 911 at Page 64, affecting the following described property: 28 • S B 1263 REC 02212709 05/03/90 16:27 J150.00 30/030 F 0030 MARY ANN FEUERSTEIN CLERK s RECORDER WELD CO, CO A strip of ground 10 feet wide it being all of the South 10 feet of the North 40 feet of the N1/2, Section 9, Township 1 North, Range 63 West of the 6th P.M. Each of the foregoing parcels are subject to 1990 taxes and special assessments. • 29 cr LO 7 LTJ } /\ < %\ } \} 5\\ J «/ c « >° AP2476443 2476443 B-1532 P-316 02/14/96 03:37P PG 1. OF 29 REC DOC Weld County CO Clerk & Recorder 146.00 SPECIAL WARRANTY DEED THIS DEED, Made this 13th day of February, 1996, between Fag e Peak Farms, Ltd., a Colorado limited partnership, "grantor" and Prospect Valley Farms, Ltd., a Colorado limited partnership, whose legal address is 1942 Broadway, Suite 506, Boulder, Colorado 80302, County of Boulder, State of Colorado, "grantee": WITNESSETH, That the grantor, for the sum of less than Five Hundred Dollars ($500.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant bargain, sell, convey, and confirm, unto the grantees, the grantees' 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: The Property described on the attached Exhibit A which is incorporated by this reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the 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 grantees, the grantees' heirs and assigns forever. And the grantor, for the grantor, the grantor's successors and assigns, does covenant and agree that grantor shall WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, the grantees' heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. 1 EillIE111111115,, I Eagle Peak Farms, Ltd., a Colorado limited partnership By'..��u�\f`y� Wal ven Ketellapper, General Partner SKLD LG SKL10422 WE 2476443-1996.001 • • 2476443 B-1532 P-316 02/14/96 03:37P PG 2 OF 29 STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 13th day of February, 1996, by Fagle Peak Farms, Ltd., a Colorado limited partnership, by Walraven Ketejlapper, as general partner. Witness my hand and official seal. My commission expires: 2 SKLD LG SKL10422 WE 2476443-1996.002 2476443 B-1532 P-316 02/14/96 03:37P PG 3 OF 29 EXHIBIT A TO THE SPECIAL WARRANTY DEED FROM EAGLE PEAK FARMS, LTD., A COLORADO LIMITED PARTNERSHIP TO PROSPECT VALLEY FARMS, LTD., A COLORADO LIMITED PARTNERSHIP The property included within the Special Warranty Deed shall include the following described land, water rights, easements, rights -of -way and other interests in land, buildings, and other structures, but subject to the following described limitations and restrictions on the land and water rights: pARCEL C. Parcel 2: The E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, ant and all growing crops, trees, shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the lands herein described, including but not limited to the following: the water rights represented by Well Permit No. 236-R, also referred to as Final Permit No. 31519 -FP, Well Permit No. 235-R, also referred to as Final Permit No. 31518 -FP, Well Permit No. 237-R, also referred to as Final Permit No. 31520 -FP, Well Permit No. 13205, and Well Permit No. 69377, and all interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, (A) the pipeline for irrigation water as reserved in the deed recorded on March 19, 1975, as Reception No. 1656259; (B) the easements described in the documents recorded at Book 1028, Reception No. 01965008, Book 570, Reception No. 1491695, and Book 3 7 Ill SKLD LG SKL10422 WE 2476443-1996.003 2476443 B-1532 P-316 02/14/96 03:37P PG 4 OF 29 1057, Reception No. 01997476, in the offices of the Weld County Clerk and Recorder, and said easements shall be subject to documents recorded February 20, 1922 in Book 672 at Page 154, and March 5, 1970 in Book 621 as Reception No. 1543408, and any applicable amendments; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limited to, all interest in the Oil and Gas lease between William C. Busch and Sally R. Busch, as Lessors and Donald I. Foster, as Lessee, for a primary term of two years, dated October 25, 1980, and recorded October 30, 1980 in Book 918 as Reception No. 1840202, and any interest therein or rights thereunder; and the extension of the said lease as claimed by Affidavit of Production, filed pursuant to Section 38-42-106, C.R.S., by Griffin Oil and Gas, Inc., and recorded August 15, 1983 in Book 1004 as Reception No. 1937115, and the ratification of the Oil and Gas Lease dated November 21, 1980 and signed by William C. Busch and Sally R. Busch and Robert J. Busch and Rubi L. Busch, and the Extension of Oil and Gas Lease dated February 8, 1982 and signed by William C. Busch and Sally It. Busch and Robert J. Busch and Rubi L. Busch; except for an undivided one-half interest in all oil, gas and minerals underlying the E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.M. as retained in a deed recorded in Book 734, Reception No. 1656259, in the Books and Records of the Weld County Clerk and Recorder. The Property is subject to the foregoing and the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects all of subject property) 2. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded April 5, 1911 in Book 131 at Page 425. (Affects NE1/4 Section 30) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded November 25, 1916 in Book 385 at Page 192. (Affects SE1/4 Section 30) 4. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures 4 .I; ILIIit0Il[IIl ; SKLD LG SKL10422 WE 2476443-1996.004 • • 2476443 B-153 P-316 02/14/96 03:37P PG 5 OF 29 • • and devices, as granted to the United States of America by Allen G. Abbott, in the instrument recorded March 15, 1951 in Book 1297 at Page 529, affecting the following described property: Beginning at a point on the West line of said NE1/4, Section 30, being 1421 feet South of the North quarter -corner of said Section 30; thence S89°57'E a distance of 2717.3 feet, more or less, to a point on the East line of said NE1/4, being 1434.5 feet South of the Northeast corner of said Section 30. Said easement being 37.5 feet of either side of the herein above described centerline. 5. Easement and right of way for the delivery of water, as granted to William H. Bell and Carol C. Bell by Eagle Peak Farms, Ltd., a Colorado limited partnership, recorded June 23, 1995 in Book 1498 as Reception No. 2443834, affecting the following described property: West 30 feet of the E1/2 of Section 30. 6. Easements on behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; Associated Natural Gas, Inc., recorded April 10, 1981 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded March 9, 1983 in Book 990 As Reception No. 1919757; and Western Gas Supply Company, recorded April 2, 1985, in Book 1063 as Reception No. 2004300. PARCFL D. Parcel 1: All that part of Section 27, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, lying North and West of Prospect Lateral. EXCEPTING THEREFROM a parcel of land conveyed to The Henrylyn Irrigation District by deed recorded June 9, 1923 in Book 711 at Page 148, being more particularly described as follows: BEGINNING at the Northwest corner of Section 27, running thence East along the North line of said Section for a distance of 820 feet, thence South 1060 feet, thence West 820 feet, thence North 1060 feet to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM a parcel of land conveyed by Deeds recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 18, 1953 in Book 1352 at Page 249. �T1➢illf�l�li �l I l T 5 SKLD LG SKL10422 WE 2476443-1996.005 2476443 B-1532 P-316 02/14/96 03:37P PG 6 OF 29 S S Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the lands herein described, including but not limited to the following: The water rights represented by Well Permit No. 12123 -FP (former Permit No. 121234), Well Permit No. 12124 -FP (former Permit No. 12124-R), the Carder - Bright Well, the A. P. Jackson Well, and the William Vogt South Well and any and all easements, rights of way and appurtenances thereto as evidenced by instruments recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 15, 1953 in Book 1352 at Page 249 (Affects Section 27); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character owned by the grantor, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands now owned or hereafter acquired; and Together with and subject to all interest in the Contract dated June 4, 1936 between Z. F. Carder and Vester Carder and W. H. Bright and John D. Bright, as recorded on January 20, 1940 in Book 1056 at Page 119. The Property is subject to the following restrictions and limitations: 9J':IIII®I'1 IliJI!, I f I' 6 1 11 SKLD LG SKL10422 WE 2476443-1996.006 2476443 B-1532 P-316 02/14/96 03:37P PG 7 OF 29 2. Rights of way for County Roads thirty (30) feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. Reservations by the Union Pacific Land Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded October 5, 1904 in Book 217 at Page 218. 3. Easement and right of way for construction, use and maintenance of an irrigation ditch, and ingress and egress and regress, from ditchand pumping plant purposes granted to Arthur P. Jackson, Sr. by Vester Carder and Lucile Carder by instrument recorded February 21, 1948 in Book 1221 at Page 465 and March 15, 1953 in Book 1352 at Page 249, of said deeds, in which the specific location of the easement is not defined. 4. Easement and right of way for Prospect Lateral, as evidenced by deed recorded May 10, 1921 in Book 650 at Page 12 in which the specific location is not defined. 5. Easement and right of way to construct, operate and maintain an electric transmission line, as granted to the United States of America by Vester Carder and Lucile Carder, Keenesburg, Colorado, in the instrument recorded May 10, 1951 in Book 1302 at Page 437, affecting the following described property: The South half of the Northwest quarter, and that part of the Northeast quarter lying North and West of Prospect lateral, Section 27, Township 1 North, Range 63 West of the 6th P.M. The center line of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a point on the West line of said Sl/2 NW1/4, Section 27, being 1463 feet South of the Northwest corner of said Section 27; thence South 89°54' East a distance of 3965.5 feet, more or less, to a point on the center line of said Prospect Lateral, whence the Northwest corner of said Section 27 bears North 69°39' West 4226 feet. Said easement being 37.5 feet on either side of the centerline. 6. The property is also subject to the following easements, the precise location of which is not specified: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917; 7 fliElillil Ii P,fl ' 1 I I II SKLD LO SKL10422 WE 2476443-1996.007 2476443 B-1532 P-316 02/14/96 03:37P PG 8 OF 29 7. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757; and (f) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Snyder Oil Corporation recorded July 21, 1994 in Book 1451 as Reception No. 02398575. 8. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Union Pacific Resources Company recorded August 1, 1994 in Book 1453 as Reception No. 2400222. 9. Right of way, whether in fee or easement only, for a pipeline and appurtenances, as granted to Amoco Pipeline company, a Maine Corporation by Eagle Peak Farms, Ltd., a Colorado Limited Partnership, recorded December 8, 1995 in book 1521 as Reception No. 2466831, as more particularly described in said instrument. PARCEL F. Parcel 1: All of the North Half (N1/2) of Section 23, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. EXCEPTING therefrom a parcel of land as conveyed to Weld County by Deed recorded June 27, 1922 in Book 622 at Page 443; ALSO EXCEPTING therefrom a parcel of land as conveyed to the State Department of Highways, Division of Highways, State of Colorado by deed recorded August 30, 1990 in Book 1274 as Reception No. 02225396 and Corrective Deed recorded December 26, 1990 in Book 1285 as Reception No. 02236724. Parcel 2: The North 16-1/2 feet of the Southeast Quarter (SE1/4) of Section 22, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and FE L Ib. I TT 8 —II SKLD LG SKL10422 WE 2476443-1996.008 2476443 B-1532 P-316 02/14/96 03:37P PG 9 OF 29 Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and s ring rights, wells and well rights, both tributary and non -tributary and designated and non-desi nated, on, under, appurtenant to, or used on the land herein described, including but not limi to the following: The ater rights represented by irrigation well Permit No. 31526 -FP (former Perm t No. 4477-R), which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4477, in the District Court for Weld County, Colo do, Civil Action No. 16704, No. 382 by the Findings and Decree dated March 26, 1971, and by irrigation well Permit No. 31527 -FP (former Permit No. 4478,R), which right was also adjudicated as Underground Water Well, State Engineer Permit No. 4478, in the District Court for Weld County, Colorado, Civil Action No. 16704, No. 382, by the Findings and Decree dated March 26, 1971, and by small capacity well Permit No. 76464; All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property, and specifically including without limitation: The License foraneight-inch (8") aluminum irrigation pipe across the county road existing between Sections 22 and 23, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, said pipe traversing the county road from the Northeast Corner of the Southeast Quarter (SE1/4) of said Section 22 to the Southwest Corner of. the Northwest Quarter (NW1/4) of said Section 23, as granted by The Board of County Commissioners, Weld County, Colorado to Leonard Baumgartner, and as conveyed to Dave and Creta J. Baumgartner by the Warranty Deed in Joint Tenancy recorded September 15, 1969 in Book 615, Reception No. 1536793, wherein the date of said License is stated to be March 19, 1969; including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and including without limitation, all well pumps, motors and irrigation equipment; 9 BillinIIf1L i l I SKLD LG SKL10422 WE 2476443-1996.009 2476443 B-15321 P-316 02/14/96 03:37P PG 10 O£ 29 Together wi all minerals of whatever kind or character, including but not limited to, all oil and gas and consents thereof, gravel, sand and rural, in, under and upon or that might be produced from the de ribed lands, now owned or hereafter acquired. The pkoperty is subject to the following limitations and restrictions: 1. Mineral Deed and Royalty Conveyance from Ben H. Bregg and Artie P. Gregg to Ben H. Gregg, Jr. and Jane G. Wallower recorded April 28, 1966 in Book 566, under Reception No. 1487904, Weld County Records, conveying an undivided 2/12 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 2. Mineral Deed from Ben H. Gregg and Artie P. Gregg to Mark Vaughan Gregg, Kent Bradley Gregg and Gwendolyn Jane Gregg recorded April 28, 1966 in Book 566, under Reception No. 1487905, Weld County Records, conveying an undivided 1/12 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 3. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded March 24, 1972 in Book 664, under Reception Number 1586146, Weld County Records, conveying all interest in and to all of the oil, gas (gas, casinghead gas, distillate, condensate, helium and all other gaseous substances) & associated liquid hydrocarbons in and under, and that may be produced from said land. Said interest being reconveyed to Union Pacific Land Resources Corporation in Quit Claim Deed recorded on June 6, 1977 in Book 799 under Reception No. 1720995, Weld County Records. (Parcel 1) 4. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded January 25, 1978 in Book 821, under Reception Number 1742593, Weld County Records. (Parcel 1) 5. Oil and gas leacP executed by Champlin Petroleum Company, as lessor, and Amoco Production Company, as lessee, recorded January 25, 1978 in Book 821, under Reception Number 1742594, Weld County Records. (Parcel 1) 6. Quit Claim of Right of Way and Surface mPaw granted to Snyder Operating Partnership L.P. by instrument recorded August 5, 1987 in Book 1165, under Reception Number 2109449, Weld County Records. (Parcel 1) Estoppel of Ground Lessor on the foregoing Quit Claim of Right of Way and Surface Lease as recorded on December 28, 1989 in Book 1252 under Reception No. 221215. 10 IiJi■l IlIlUt Illy LI I H SKLD LG SKL10422 WE 2476443-1996.010 2476443 B-1532 P-316 02/14/96 03:37P PG 11 OF 29 7. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273, Weld County Records. 8. A Condition contained in the United States Patent recorded July 3, 1902 in Book 201, at Page 60, Weld County Records, which states as follows: "Yet excluding and excepting from the transfer, by these presents, 'All mineral Lands' should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the terms of the statute, 'shall not be construed to include coal and iron land'." (Parcel 1) 9. Reservation as contained in instrument from The Union Pacific Land Company to Anne Rhys dated August 25, 1908, recorded September 19, 1908 in Book 233 at Page 164, Weld County Records, which is as follows: "EXCEPTING AND RESERVING: FIRST: MI coal and other minerals within or underlying said lands. SECOND: The exclusive right to prospect in and upon said land for coal and other minerals, therein or which may be supposed to be therein, and to mine for and remove from said land all coal and other minerals which may be found thereon by anyone. THIRD: The right of ingress, egress and regress uponsaid land to prospect for, mine and remove any and all such coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places, mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto, or for removal therefrom of coal, mineral, machinery or other materials. FOURTH: The right to Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction or method of operation of said railroad and to make any change in the form of construction or method of operation of said Railroad.' (Parcel 1) 10. Deed for a 70 foot road on the West side of the Northwest Quarter as granted to Frank E. Mulvihill by instrument recorded June 6, 1922 in Book 622, at Page 428, Weld County Records. Said strip of land conveyed in Deed to Weld County recorded on June 27, 1922 in Book 622 at Page 443 of the Weld County Records. (Parcel 1) 11. A Condition contained in the United States Patent recorded March 12, 1924 in Book 677, at Page 86, Weld County Records, which states as follows: 'Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; and there is reserved from the lands hereby granted, a 11 Y,II�I;0i�1 I I [nil ii SKLD LG SKL10422 WE 2476443-1996.011 2476443 B-1532 P-316 02/14/96 03:37P PG 12 OF 29 right of way thereon for ditches or canals constructed by the authority of the United States." (Parcel 2) 12. Reservation of an undivided one-half of all oil, gas, and minerals underlying subject property, as reserved by The Federal Land Bank of Wichita, in instrument recorded May 14, 1941 in Book 1078, at page 580 of the Weld County Records. (Parcel 2) 13. Mineral Deed and Royalty Conveyance from Ben H. Gregg and Artie P. Gregg to Mark P. Gregg, Ben H. Gregg, Jr. and Jane G. Wallower, dated December 22, 1950, and teunck.d January 5, 1951 in Book 1291, at page 62 of the Weld County Records, conveying an undivided 3/4 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 14. Oil and gas lease dated December 18, 1981 executed by Dave Baumgartner and Creta Baumgartner, as lessor, and Centennial Petroleum, Inc., as lessee, recorded January 6, 1982 in Book 958, under Reception Number 1879090, Weld County Records, for a primary term of Two (2) years, and as long thereafter as oil, gas, other hydrocarbons, or other minerals is produced from said land hereunder, or drilling or reworking operations are conducted thereon. (Parcel 2) 15. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Union Pacific Resources Company recorded September 2, 1992 in Book 1349 as Reception No. 02302142. (Affects Parcel 1) 16. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between Eagle Peak Farms, Ltd., and Lomita Operating Company recorded January 19, 1993 in Book 1367 as Reception No. 02318677. (Affects Parcel 1) 17. Easement and right of way for pipeline and other appurtenances, as granted to Snyder Oil Corporation by Eagle Peak Farms, Ltd., in the instrument recorded April 23, 1993 in Book 1380 as Reception No. 02330230, the location of which is shown in the map attached to said instrument. (Affects Parcel 1) 18. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Snyder Oil Corporation recorded July 21, 1994 in Book 1451 as reception No. 02398575. (Affects Parcel 1) 12 m7mIUImil11TI A r FIR SKLD LG SKL10422 WE 2476443-1996.012 2476443 8-1532 P-316 02/14/96 03:37P PG 13 OF 29 19. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and Union Pacific Resources Company recorded July 25, 1994 in Book 1452 as Reception No. 02398961. (Affects Parcel 1) The following general notices of underground facilities have been filed pursuant to Section 9-1.5-103, C.R.S.: a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. b) Associated Natural Gas, Inc., recorded July 20, 1984 in Book 1037 as Reception No. 1974810. c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. e) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. PARCEL Cr. Lot B of Recorded Exemption No. 1477-09-2RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469, being a part of the NW 1/4 of Section 9, Township 1 Noah, Range 63 West of the 6th P.M., County of Weld, State of Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: the water rights represented by Final Permit No. 31595 -FP (formerly Permit No. 11587- R); and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. 13 IIJI®IJ1llllllilI T SKLD LG SKL10422 WE 2476443-1996.013 2476443 B-1532 P-316 02/14/96 03:37P PG 14 OF 29 Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically including the irrigation well and easement and right -of way on, across and under the Southwest Quarter (SW 1/4) of Section 9, Township 1 -North, Range 63 West of the 6th P.M., as reserved unto John W. Meyers, Jr., and William E. Phillips in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R -11587R (now Final Permit No. 31595 -FP), together with permanent access for ingress and egress to said well on the existing east -west farm road to operate, repair, maintain, re -drill and/or replace said well, the underground pipeline from said well, which supplies water from said well to the Northwest Quarter (NWl/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., subject to provisions set out in above mentioned Warranty Deed; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors and other property used in delivering water to the Property and measuring water used on the Property; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. Together with the reservations and exceptions from the conveyance from Eagle Peak Farms, Ltd., a Colorado limited partnership, to William F. Kramer and Wanda P. Kramer by a Warranty Deed dated November 12, 1993, and recorded on November 15, 1993, as Book 1412, Reception No. 02359735, of the books and records of the Weld County Clerk and Recorder, pertaining to the following described land: Lot A of Recorded Exemption No. 1477-09-2RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469, being a part of the NW 1/4 of Section 9, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. The reservations and exceptions are more particularly described as follows: All water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the following described land, which is hereinafter referred to as "the Property", which is described as the Northwest Quarter (NW 1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., except the land described as Lot A above, including but not limited to the following: 14 III'■GIi.LII1'ir F T SKLD LG SKL10422 WE 2476443-1996.014 2476443 0-1532 P-316 02/14/96 03:37P PG 15 OF 29 The water rights represented by Final Permit No. 31595 -FP (formerly Permit No. 11587- R) issued by the Colorado Ground Water Commission; and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the Property. Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically including the irrigation well and easement and right -of way on, across and under the Southwest Quarter (SW1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., as reserved unto John W. Meyers, Jr., and William E. Phillips in a Warranty Deed recorded December 13, 1979 in Book 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-11587 (now Final Permit No. 31595 - FP), together with permanent access for ingress and egress to said well on the existing east -west farm road to operate, repair, maintain, re -drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter (NWI/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., and is further set forth in said Warranty Deed; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the Property, and specifically including all well pumps and irrigation equipment. Grantor further reserves and excepts from this conveyance a right-of-way and easement on and across the land conveyed by this Deed for ingress and egress to the Property. The land conveyed by this Deed may be traversed with vehicles of any type or description for the use and benefit of the Property. The property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Right of way and easement for "Enlargement of The D.A. Ford Reservoir No. 4" as evidenced by Statement filed August 26, 1907 as No. 121990. Describes W1/2 NW1/4 and NEl/4 of NWI/4, Section 9, Township 1 North, Range 63 West of the 6th P.M. (with other lands). 15 UMMUUlini. I SKLD LG SKL10422 WE 2476443-1996.015 2476443 B-1532 P-316 02/14/96 03:37P PG 16 OF 29 3. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4. Easement and right of way for railroad purposes, as granted to The Chicago, Burlington & Quincy Railroad Company by Charles B. Christy, in the instrument recorded July 9, 1925 in Book 779 as Reception No. 465364, affecting the following described property: A strip of land 50 feet wide on the Westerly side of and adjoining the center line of the beet spur track of the railroad of said railroad company as now surveyed, over and across the E1/2 of the Wl/2 of Section 9, Township 1 North, Range 63 West of the 6th P.M., and a strip of land 50 feet wide on the Easterly side and adjoining said center line of the railroad over and across the Wl/2 of the NE1/4 of said Section 9. It is also stipulated that if this land hereby conveyed shall cease to be used for railroad purposes in that event it shall revert to this grantor. 5. Easement and right of way for road purposes, as granted to Weld County, Colorado by Fred Durbin, in the instrument recorded March 25, 1931 in Book 911 at Page 64, affecting the following described property: A strip of ground 10 feet wide it being all of the South 10 feet of the North 40 feet of the N1/2, Section 9, Township I North, Range 63 West of the 6th P.M. 6. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd., and Union Pacific Resources Company recorded May 22, 1992 in Book 1337 as Reception No. 02288934. 7. A 30 feet wide access, utility, water well and water line Easement over the Northwesterly portion of subject property as shown on Recorded Exemption No. 1477-09-2-RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469. PARCEL H• The West One -Half (W1/2) of Section 35, Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado. 16 SKLD LG SKL10422 WE 2476443-1996.016 2476443 B-1532 P-316 02/14/96 03:37P PG 17 OF 29 Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easements, rightsof-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the lands herein described, including but not limited to the following: the water rights represented by Well Permit Nos. 1771 -FP (formerly 1771-R), 1772 -FP (formerly 1772-R), 1773 -FP (formerly 1773-R) and 1774 -FP (formerly 1774-R); and all interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; Together with all minerals of whatever kind or character, now owned or hereafter acquired, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands. The property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 2. Reservation of right of way for any ditches or canals constructed by authority of the United States, in U.S. Patent recorded September 12, 1916 in Book 385 at page 185. 17 ®DI011f�I hi; Ifl SKLD LG SKL10422 WE 2476443-1996.017 2476443 B-1532 P-316 02/14/96 03:37P PG 18 OF 29 3. Easement and right of way for an electric transmission line and other appurtenances, granted to the United States of America by The Weicker Investment Company, a Colorado Corporation by instrument recorded December 6, 1944 in Book 1145 at Page 353, in which the specific location of the easement is not defined. (Affects the NW 1/4 NW 1/4 of Section 35) 4. Easement and right of way for a right of way 60 feet in width located in the SW1/4SW1/4 Section 35, Township 2 North, Range 63 West, granted to Phillips Petroleum Company by Weicker Investment Company by instrument recorded March 24, 1975 in Book 735 as Reception No. 1656542, in which the specific location of the easement is not defined. (Affects the SW 1/4 SW I/4 of Section 35) 5. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393566, and any interests therein or rights thereunder. PARCEL I.: Parcel 1: The N1/2 of the NE1/4 and the SWl/4 of the NE1/4 of Section 32, Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado EXCEPT the East 15 feet of the SW1/4 of the NE1/4 thereof. Parcel 2: The S1/2 of Section 33, Township 2 North, Range 63 West of the 6th P.M., in Weld County, Colorado Parcel 3: The NE1/4, the Wl/2 of the SE1/4 and the SE1/4 of the NW1/4 of Section 4, Township 1 North, Range 63 West of the 6th P.M., in Weld County, Colorado EXCEPTING THEREFROM a parcel of land conveyed by deed recorded September 2, 1948 in Book 1233 at Page 516, described as follows: BEGINNING at a point 47.6 feet East and 30 feet South of the Northwest Corner of said NE1/4 of said Section 4, said point being the intersection of South boundary line of County Road and East right of way line of the Chicago, Burlington & Quincy Railroad; thence N88°54'E on said South boundary line of said County Road, 110.02 feet to a point; thence South parallel with said East right of way line of said Railroad, 1121.7 feet to a point; thence S51°55'W, 139.75 feet to a point on said East right of way line of said Railroad; thence North on said East right of way line of said Railroad 1210.0 feet to the POINT OF BEGINNING. 18 I1iIttlati iil' I f SKLD LG SKL10422 WE 2476443-1996.018 2476443 B-1532 P-316 02/14/96 03:37P PG 19 OF 29 EXCEPTING THEREFROM parcels of land as conveyed by deeds recorded in Book 779 at Pages 231, 246 and 389. And specifically including, but not limited to, a parcel of land located in the Northeast Quarter (NEl/4) of the Northeast Quarter (NE1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M., which parcel is more particularly described as follows: A 10 foot by 10 foot tract of which the Northeast corner thereof lies 206 feet South and 54 feet West of the Northeast corner of Section 4, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado. Together with the easement and right of way associated with said parcel, all of which is set forth in the F2cement recorded March 22, 1984 in Book 1024, Reception No. 1960174 with the Clerk and Recorder of Weld County. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, specifically including, but not limited to, all right and interest in the Agreement dated June 7, 1951 between Frank A. Neill and Rispah A. Neill, Clarence O. Byrnes and Annie Faye Byrnes, and H. E. Crow, recorded August 13, 1951 in Book 1309, Page 220, Reception No. 1112303 with the Clerk and Recorder of Weld County, and the Agreement dated June 7, 1951 between Clarence O. Byrnes and Annie Faye Byrnes, and H. E. Crow, recorded August 13, 1951 in Book 1309, Page 224, Reception No. 1112304 with the Clerk and Recorder of Weld County; and any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or presently used on the land herein described, including but not limited to the following: The water rights represented by Final Permit No. 31654 -FP, formerly Well Permit No. 16248-R; the water rights represented by Final Permit No. 31653 -FP, formerly Well Permit No. 16247-R; the water rights represented by Final Permit No. 31652 -FP, formerly Well Permit No. 16246-R; the water rights represented by Final Permit No. 31612 -FP, formerly Well Permit No, 12315-R; the water rights represented by Final Permit No. 31536 -FP, formerly Well Permit No. 4548- R; the water rights represented by Final Permit No. 1730FP, formerly Well Permit No. R-1730; the water rights represented by Final Permit No. 1731FP, formerly Well Permit No. R-1731; The water rights represented by the small capacity, domestic wells designated by Permit Nos. 17940, 2598 and 22455, and the additional, small capacity, domestic 19 SKLD LG SKL10422 WE 2476443-1996.019 • • 2476443 8-1532 P-316 02/14/96 03:37P PG 20 OF 29 well located on the Parcel 2 described above, and the additional, small capacity, domestic well located on the Parcel 3 described above; and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and specifically including, but not limited to, an easement approximately twenty (20) feet in width for a pipeline and ditch from the well designated by Final Permit No. 31612 -FP (formerly Permit No. 12315-R), which is located in the Northwest Quarter (NW I/4) of the Southeast Quarter (SE1/4) of Section 33, Township 2 North, Range 63 West of the 6th P.M. to the North Half (Nl/2) of the Northeast Quarter (NE1/4) and Southwest Quarter (SW I/4) of the Northeast Quarter (NEI/4) of Section 32, Township 2 North, Range 63 West of the 6th P.M., which easement is approximately described as follows: Beginning at a point near the Northwest corner of the Southwest Quarter (SW 1/4) of Section 33, Township 2 North, Range 63 West of the 6th P.M., then West into the Northeast Quarter (NEl/4) of the Southeast Quarter (SE1/4) of Section 32, Township 2 North, Range 63 West of the 6th P.M., then North into the Southeast Quarter (SE1/4) of the Northeast Quarter (NEl/4) of Section 32, Township 2 North, Range 63 West of the 6th P.M., and parallel to the East section line of said Section 32 and West of Weld County Road 65, to a point near the East quarter corner of the Northeast Quarter (NE1/4) of said Section 32, which point is located on the East-West centerline of the Northeast Quarter (NE1/4) of said Section 32. The approximate location of the easement is marked as "A" on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No. 02208805; And also specifically including, but not limited to, two easements approximately twenty (20) feet in width for a pipeline and ditch from the well designated by Final Permit No. 31654 -FP (formerly Permit No. 16248-R), which is located in the Northeast Quarter (NEI/4) of the Northeast Quarter (NEl/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M., to the South Half (S1/2) of Section 33, Township 2 North, Range 63 West of the 6th P.M.; and one easement is approximately described as follows: The easement is across Weld County Road 14 and located at a point beginning West approximately 300 feet from the Northeast corner of the Northeast Quarter (NE1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M., thence approximately 100 feet North. The approximate location of the easement is marked as "B" on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No. 02208805; 20 �1�181®IIN U1 J,1 I SKLD LG SKL10422 WE 2476443-1996.020 2476443 B-1532 P-316 02/14/96 03:37P PG 21 OF 29 and the other easement is approximately described as follows: The easement crosses Weld County Road 67 and is located at a point beginning South approximately 300 feet from the Northeast corner of the Northeast Quarter (NE1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M., thence East approximately 100 feet into the Northwest Quarter (NW1/4) of Section 3, Township 1 North, Range 63 West of the 6th P.M., thence North approximately 250 feet, thence East approximately 200 feet, thence North approximately 300 feet into the Southwest Quarter (SW1/4) of Section 34, Township 2 North, Range 63 West of the 6th P.M., thence Northwest approximately 400 feet, thence North approximately 1450 feet, thence Northwest approximately 100 feet across Weld County Road 67 to the South Half (S1/2) of Section 33, Township 2 North, Range 63 West of the 6th P.M. The approximate location of the easement is marked as "C" on Exhibit B to a General Warranty Deed recorded on March 23, 1990 at Book 1259, Reception No. 02208805; and including all headgates, flumes, diversion structures and measuring structures, pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired by the Grantor, subject to the restrictions and limitations hereinafter described. Any and all water and water rights assoriated with Final Permit Nos. 31572 -FP (formerly Permit No. 10046-R) and 31573 -FP (formerly Permit No. 10047R), which wells are permitted under the name of Julius A. Pluss, located in the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M., and permitted to irrigateland including part of the Northwest Quarter (NW 1/4) of Section 4, Township 1 North, Range 63 West of the 6th P.M. The property is subject to the following restrictions and limitations: I. Rights of way for County Roads thirty (30) feet wide on each side of section and township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 21 LIPIUlu° RJlli ; I SKLD LG SKL10422 WE 2476443-1996.021 2476443 8-1532 P-316 02/14/96 03:37P PG 22 OF 29 2. Reservations made by the Union Pacific Railway Company in deed recorded September 30, 1907 in Book 233 at Page 117, and any and all assignments thereof or interests therein, providing substantially as follows: Reserving unto said Company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prospect and mine same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same. (Affects S1/2 of Section 33) 3. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded June 25, 1915 in Book 385 at Page 115 (Affects SEI/4 NW1/4, NW1/4 SE1/4, SW 1/4 NE1/4 and Lot 4 of Section 4); recorded October 27, 1920 in Book 460 at Page 132 (Affects SEl/4 NW 1/4, Lot 3 of Section 4);' recorded November 24, 1928 in Book 677 at Page 209 (Affects N1/2 NE1/4 and SW 1/4 NE1/4 Section 32); recorded December 5, 1919 in Book 507 at Page 467 (Affects SW 1/4 SE1/4 Section 4) 4. Right of way for the Low Line Lateral as granted to the Henrylyn Irrigation District by Deed recorded November 23, 1926 in Book 814 at Page 157. (Affects S1/2 Section 33) 5. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between Frank A. Neill, Rispah A. Neill, Clarence O. Byrnes, Annie Faye Byrnes and H. E. Crow recorded August 13, 1951 in Book 1309 at Page 220. (Affects W1/2 NE1/4 and NEI/4 NE1/4 Section 32) 6. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between Clarence O. Byrnes, Annie Fay Byrnes and H. E. Crow recorded August 13, 1951 in Book 1309 at Page 224. (Affects W1/2 NEl/4 and NE1/4 NE1/4 Section 32) 7. An undivided 'h interest in and to all of the oil, gas, coal and other minerals in and under and that may be produced from the above described land, together with the right of ingress and egress at all times for the purpose of mining, drilling and exploring said land for oil, gas, coal and other minerals and removing the same therefrom, as reserved by Clarence O. Byrnes and Annie Faye Byrnes in the Deed recorded November 28, 1951 in Book 1317 at Page 585, and any interests therein or rights thereunder. (Affects W I/2 NEl/4 and NEI/4 NE1/4, Section 32) 22 914.1911O1rI(F1]I" !I i - 1-,rr- SKLD LG SKL10422 WE 2476443-1996.022 2476443 B-1532 P-316 02/14/96 03:37P PG 23 OF 29 8. An undivided 1/4 interest in and to the minerals of every kind and nature in and under said lands, subject to the rights of ingress and egress at all times for the purpose of mining and removing the same therefrom as reserved by Ethel R. Bobbin in the Deed recorded January 4, 1952 in Book 1320 at Page 218, and any interest therein or rights thereunder. (Affects W1/2 NEI/4 and NE1/4 NEl/4 Section 32) 9. Seasonal Irrigation Well Power Contract, between H. W. Young and Morgan County Rural Electric Association, recorded February 16, 1955 in Book 1412 at Page 8 and in Book 1412 at Page 10. (Affects SEl/4 Section 33) 10. The Mineral Estate (including all oil and gas rights) and the right of ingress and egress therefrom and the right of removal therefrom, as reserved by Roberta Hawn in the Deed recorded January 2, 1968 in Book 589 as Reception No. 1511424, and any interests therein or rights thereunder. (Affects W1/2 NE1/4 and the SW1/4 NW1/4, and NW1/4 SE1/4 and SW 1/4 SE1/4 Section 4) 11. An undivided r/s interest in and to all oil, gas and other minerals in and under the surface of said land, with the right of ingress and egress to prospect for and remove the same as reserved by Theodore Zimbelman and Esther A. Zimbelman in the Deed recorded November 6, 1969 in Book 617 as Reception No. 15339015, and any interest therein or rights thereunder. (Affects E1/2 NEl/4 Section 4) 12. Right of way to lay, maintain, inspect, replace, erect, operate and remove a pipe line or pipe lines as granted to Phillips Petroleum Company by instrument dated September 20, 1974, recorded October 8, 1974 in Book 724 as Reception No. 1646291. (Affects NE1/4 and Wl/2 SE1/4 of Section 4) 13. Right of Way easement 16.5 feet wide to construct, operate, maintain and remove communication and other facilities as granted to The Mountain States Telephone and Telegraph Company by instrument dated October 25, 1974, recorded November 11, 1974 in Book 726 as Reception No. 1648284, over and across the following described property: The South 16.5 feet of the North 46.5 feet of the N1/2 of the NE1/4 of Section 32, Township 2 North, Range 63 West of the 6th P.M., which strip is South of, parallel to, and abutting the South Right of Way line of County Road Number 16. 23 Illilo.IIIII,III tll SKLD LG SKL10422 WE 2476443-1996.023 2476443 B-1532 P-316 02/14/96 03:37P PG 24 OF 29 14. All of the coal, oil, gas, casinghead gas and all ores and minerals of every kind and nature underlying the surface of the realty herein conveyed, together with the full right, privilege and license at any and all times to explore, or drill for and to protect, conserve, mine, take, remove and market any and all such products in any manner which will not damage structures on the surface of the realty herein conveyed, as reserved by Burlington Northern Inc., successor in interest to Chicago, Burlington & Quincy Railroad Company, in Deed recorded June 12, 1981 in Book 938 as Reception No. 1860423, and any and all assignments thereof or interests therein. (Affects the Easterly 'h of Burlington Northern Inc.'s 100 -foot wide Tampa Beet Spur right of way, now removed, lying within the SE1/4 of Section 4, Township 1 North, Range 63 West of the 6th P.M.; also, all of the 100 -foot wide right of way, being 50 feet wide on each side of the track center line of Burlington Northern Inc.'s Tampa Beet Spur right of way, now removed, lying within the S1/2 of Section 33, Township 2 North, Range 63 West of the 6th P.M.) 15. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393564, and any interests therein or rights thereunder. (Affects Parcel 3) 16. Oil and gas lease between Eagle Peak Farms, Ltd., a Colorado Limited Partnership and J. Michael McGhee dated December 15, 1993, recorded June 15, 1994 in Book 1446 as Reception No. 02393566, and any interests therein or rights thereunder. (Affects Parcel 1) 17. General notices of underground facilities pursuant to Section 9-1.5-103, C.R.S. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. (t) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 as Reception No. 2004300. 24 FINFIV1111? Th I SKLD LG SKL10422 WE 2476443-1996.024 2476443 B-1532 P-316 02/14/96 03:37P PG 25 OF 29 ?ARCM 1: Parcel 1: The North Half (Nl/2) of the Southwest 1/4 (SW]/4) of Section 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, excepting therefrom a parcel of land conveyed by deed recorded June 6, 1922, in Book 622 at Page 428, being more particularly described as follows: The West 70 feet of the North One-half (N1/2) of the Southwest Quarter (SW 1/4) of Section 23, Township 1 North, Range 63 West of the 6th P.M.; and including a part of the Southeast Quarter (SE1/4) of Section 23, Township 1 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as follows: Beginning at the Southeast corner of said Section 23; Thence North 89°29'25" West on an assumed bearing along the South line of said Southeast Quarter (SE1/4) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00°00'26" East a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00°58'18" East a distance of 288.73 feet; Thence North 89°52'16" East a distance of 703.17 feet; Thence North 41°37'17" East a distance of 463.27 feet; Thence North 29°29'28" East a distance of 444.53 feet; Thence North 06°15'18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 feet; Thence North 30°16'42" West a distance of 337.95 feet to the North line of said Southeast Quarter (SE1/4); Thence North 89°38'54" West along said North line a distance of 1382.86 feet to the center of Section 23; Thence South 00°17'11" West along the West line of said Southeast Quarter (SE1/4) a distance of 2640.48 feet to the South Quarter (S1/4) corner of said Section 23; Thence South 89°29'25" East along the South line of said Southeast Quarter (SE1/4) a distance of 102.00 feet to the True Point of Beginning; which parcel contains 61.242 acres more or less; Together with a non-exclusive common acress road easement, which may be used by persons and vehicles of any type and description and at any time for any purposes associated with the use of the foregoing property, and which is described 25 fViIOVIIUHIV,(id .1 SKLD LG SKL10422 WE 2476443-1996.025 2476443 B-1532 P-316 02/14/96 03:37P PG 26 OF 29 as that part of the Southeast Quarter (SE1/4) of Section 23, Township I North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as: Beginning at the Southeast corner of said Section 23; Thence North 89°29'25" West on an assumed bearing along the South line of said Southeast Quarter (SE1/4) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00°00'26" East a distance of 458.88 feet; Thence North 38°58'24" East a distance of 302.37 feet; Thence North 55°13'29" East a distance of 355.44 feet; Thence North 40°48'48" East a distance of 68.05 feet; Thence North 00°58'18" East a distance of 288.73 feet; Thence North 89°52' 16" East a distance of 703.17 feet; Thence North 41°37'17" East a distance of 463.27 feet; Thence North 29°29'28" East a distance of 444.53 feet; Thence North 06°15'18" West a distance of 170.87 feet; Thence North 54°21'45" West a distance of 342.34 feet; Thence North 30°16'42" West a distance of 337.95 feet to the North line of said Southeast Quarter (SEI/4); Thence South 89°38'54" East along said North line a distance of 34.86 feet; Thence South 30°16'42" East a distance of 313.79 feet; Thence South 54°21'45" East a distance of 349.33 feet; Thence South 06'15'18" East a distance of 193.93 feet; Thence South 29°29'28" West a distance of 457.39 feet; Thence South 41°37'17" West a distance of 466.49 feet; Thence South 89°52' 16" West a distance of 695.90 feet; Thence South 00°58'18" West a distance of 280.18 feet; Thence South 40°48'48" West a distance of 82.71 feet; Thence South 55°13'29" West a distance of 354.95 feet; Thence South 38°58'24" West a distance of 287.47 feet; Thence South 00°00'26" West a distance of 448.53 feet to said South line of the Southeast Quarter (SE1/4); Thence North 89°29'25" West along said South line a distance of 30.00 feet to the True Point of Beginning. And subject to (I) the reservations and exceptions contained in a Deed recorded on September 19, 1908, in Book 233, Page 164; and (2) an easement and right of way on the South 30 feet thereof for Weld County Road 6; 26 f[lLIiIII(L T I ' I SKLD LG SKL10422 WE 2476443-1996.026 2476443 B-1532 P-316 02/14/96 03:37P PG 27 OF 29 (3) Bowles Reservoir, and any and all rights of way therefore, as evidenced by Map and Statement filed January 6, 1913 as Filing No. 184082 (Affects S1/2SE1/4 of Parcel 1); (4) Scrafford Ditch, and any and all rights of way therefore, as evidenced by instrument filed in the office of Clerk and Recorder for Weld County (Affects NW1/4SE1/4, SI/2SE1/4, and NE1/4SW1/4 of Parcel 1); (5) Terms, agreements, provisions, conditions, obligations and easements as contained in Agreement by and between Eagle Peak Farms, Ltd. and Lomita Operating Company recorded January 19, 1993 in Book 1367 as Reception No. 02318677; (6) Terms, agreements, provisions, conditions and obligations as contained in Surface Damage Agreement between Eagle Peak Farms, Ltd. and Snyder Oil Corporation as evidenced by Memorandum recorded July 21, 1994 in Book 1451 as Reception No. 02398575. The parcel is also subject to an Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86, Page 273. All in Weld County, Colorado. Together with all and singular, the hereditaments and appurtenances thereto belonging, or in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile homes, barns, fences, any and all easements, rights -of -way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery, and specifically including the following items. Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non -tributary and designated and non -designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: All right to the water from the Henrylyn Irrigation District for the above property; and The water and water rights represented by the following Well Permits issued by the State Engineer and the Colorado Ground Water Commission: Final Well Permit No. 31542FP, former Permit No. 5945R, issued on May 22, 1987, with a priority date of July 29, 1964; 27 66oB',IIIIIi1V➢ LI II SKLD LG SKL10422 WE 2476443-1996.027 2476443 B-1532 P-316 02/14/96 03:37P PG 28 OF 29 Final Well Permit No. 31643FP, former Permit No. 14859R, issued on May 22, 1987, with a priority date of June 8, 1946; Final Well Permit No. 14860FP, former Permit No. 14860R, issued on May 22, 1987, with a priority date of May 20, 1954; Well Permit No. 85443, accepted on August 16, 1976; and Well Permit No. 63418, issued on August 21, 1972; along with any other wells and water rights used to irrigate the above properties or for domestic purposes on the above properties, and expressly including the water and water right associated with Final Well Permit No. 31542 to the extent the water and water right was used to irrigate the South One-half (S1/2) of Section 23, Township 1 North, Range 63 West of the 6th P.M. Including any and all easements and rights -of -way associated with the water and water rights, including, but not limited to, easements and rights -of -way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; including the easement for a well, pipelines and other facilities, in the Northeast Quarter (NE1/4) of Section 27, Township 1 North, Range 63 West of the 6th P,M. pursuant to a deed recorded on June 12, 1972 in Book 669, Reception No. 1551374, which provides, in part, as follows: TOG. TH R with Irrigation Well No. 5945-F registered with the State Engineer of the State of Colorado, located in the NEI/4 of Section 27, Township 1 North, Range 63 West, with a right to drill a new replacement well, if needed and if approved by State Engineer in NEl/4 of said Section 27 within 300 feet of said present well, with the pumps and motors and all pipelines appurtenant thereto for conveying water from said well site to the above -demised land and to S1/2 SW1/4 1/4 of Section 23, Township 1 North, Range 63 West TOGETHER with an easement for said pipelines one rod wide across said NE1/4 and across NW 1/4 Sec. 26 in said Township and Range; and including all rights to the foregoing easement as described in the Quit Claim Deed recorded on June 4, 1984 in Book 1032, Reception No. 01969206; and Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and 28 SKLD LG SKL10422 WE 2476443-1996.028 2476443 B-1532 P-316 02/14/96 03:37P PG 29 OF 29 Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands, now owned or hereafter acquired. Together with all right, title and interest in the foregoing property or adjacent property acquired by adverse possession, prescription, grant, gift or other claim, including, but not limited to all right, title and interest in the following property: 1. A parcel of land conveyed by deed recorded June 6, 1922, in Book 622 at Page 428, being more particularly described as follows: The West 70 feet of the North One-half (Nl/2) of the Southwest Quarter (SW1/4) 1/4) of Section 23, Township I North, Range 63 West of the 6th P.M.; 2. A parcel of land in the Northwest Quarter (NWl/4) of Section 34, Township I North, Range 63 West of the 6th P.M., more particularly described as follows: Beginning at the Northwest corner of said Section 34, and considering the North line of said Section 34, as bearing North 89°51'58" East, with all other bearings contained herein relative thereto; Thence North 89° 51'58" East, along the North line of said Section 34, 980.88 feet to the True Point of Beginning, Thence continuing North 89°51'58" East, along the North line of said Section 34, 435.60 feet; Thence South 00°08'02" East, 100.00 feet; Thence South 89°51'58" West, 435.60 feet; Thence North 0008'02" West, 100.00 feet to the True Point of Beginning. 3. A Permanent Pipeline Right -Of -Way Grant, recorded on January 22, 1981, in Book 926, Reception No. 1847661. 4. A two-story white clapboard Ranch House situated on a portion of the South Half (S1/2) of the Southwest Quarter (SW1/4) of Section 23, Township 1 North, Range 63 West of the 6th P.M.; Exclusive of ground on which house is placed. 29 GT�161AI�1Qii I SKLD LC SKL10422 WE 2476443-1996.029 • Civcp kci1. • 6j 1111111 11111 11111 IIIIII�II Ell 111111E 11111111 liii liii 3200580 07/20/2004 05:01P Weld County, CO 1 of 7 R 36.00 D 61.85 Steve Moreno Clerk d Recorder Special Warranty Deed (Water) (Parcel G) • This Deed, made this 11 day of July, 2004, between Prospect Valley Farms, Ltd., a Colorado limited partnership, as grantor ("Grantor"), and PV Water Holdings LLC, a Colorado limited liability company, whose legal address is 9145 East Kenyon Avenue, Suite 200, Denver, Colorado 80237, of the City and County of Denver, State of Colorado, as grantee ("Grantee"). Witnesseth, that Grantor, for and in consideration of the sum of Ten Dollars ($10), the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors 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: All water and water rights, whether adjudicated or not, which are related to or in any way appurtenant to the real property described on Exhibit A hereto ("Property"), including without limitations, all well and well rights, including but not limited to, Well Permit No. 31595FP (former Permit No. 11587R), as more particularly described on Exhibit C attached hereto, all interest in the Henrylyn Irrigation District and water rights within said District; all water rights and rights to water in the Denver Basin Aquifers; all subterranean water and water rights; all surface water and water rights; spring and spring rights; all tributary and non -tributary water rights; designated and non -designated water rights; all reservoir and reservoir rights; ditches and ditch rights; all water and ditch company stock, water, and sewer tap agreements; any and all easements and rights -of - way for the carriage ofwater to the Property (as defined below) including, but not limited to, the irrigation well and easement and right-of-way on, across and under the Southwest Quarter (SW I/4) of Section 9, Township I North, Range 63 West of the 6th P.M., as reserved and excepted in Warranty Deed recorded December 13, 1979 in Book 890 at Reception No. 1811818 for the irrigation well designated by Well Permit No. 11 587 (now Final Permit No. 31595FP), together with permanent access for ingress and egress to said well on the existing East-West farm road to operate, repair, maintain, re -drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter (NW 1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., and as further set forth in said Warranty Deed; discharge of water from the Property, and storage water off the Property; all utility agreements with any other developers or with any municipality or quasi -municipal special district, if any, which are owned by Grantor. TNG 7- rg SKLD LG SKL10422 WE 3200580-2004.001 111111111111IIIII II VIII IIII IIII111111111Nit 3200580 07/20/200 05:01P Weld County, CO 2 of 7 R 36.00 D 61.85 Steve Moreno Clerk & Recorder • • • Together with the reservations, easements and exceptions from the conveyance from Eagle eak Farms, Ltd., a Colorado limited partnership, to William F. Kramer and Wanda P. Krame by Warranty Deed dated November 12, 1993, and recorded on November 15, 1993, as Book 1 12, Reception No. 02359735, of the books and records of the Weld County Clerk and Record r. Together with all and singular the hereditaments and appurtenances thereto belonging, or in an ise appertaining, including, but not limited to, any and all fixtures, fences, and any all easeme ts, right-of-way, or other rights of access used in conjunction with the Property, if any, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and all the gstate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, subject to those matters pertaining to the Property described on Exhibit B. To Have and to Hold the said premises above bargained and described with the appurtenances, unto Grantee, its successors or assigns, forever. Grantor, for itself, its successors or assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors or assigns, against all and every person or persons claiming the whole or any part thereof by, through or under Grantor. In Witness Whereof, Grantor has executed this Deed on the date set forth above. Prospect Valley Farms, Ltd., a Color.. o limited partnership By: STATE OF COLORADO CITY & COUNTY OF BOULDER )ss. raven etellapper, General Partner The foregoing instrument was acknowledged before me this I 5111 day of July, 2004, by Walraven F. Ketellapper, General Partner of Prospect Valley Farms, Ltd., a Colorado limited partnership, on its behalf. m. = Witness my hand and official seal. ¢�O�tRE CH41, y commission expires: r `Z \\0Oi o- • PU Q L\t .n: ( Notary Public 2 SKLD LG SKL10422 WE 3200580-2004.002 • • • 111111111111 III I1111111 I ll INI Il is County, I III IIIU UII itt • 3200580 00 2004 3 oI 7 R 7/20 D 61.05:01P : Pteve Moreno Clerk & Recorder Exhibit A to Special Warranty Deed (Water) (Parcel G) (Legal Description) LOT B, RECORDED EXEMPTION NO. 1477-09-2RE1514, RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO 02355469, BEING A PART OF THE NORTHWEST ONE -QUARTER OF SECTION 9, TOWNSHIP I NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR S00°53'08"E A DISTANCE OF 2642.79 FEET. MONUMENTED BY A 2" ALUMINUM CAP STAMPED "LS 25937" AT BOTH THE NORTH ONE -QUARTER CORNER AND AT THE CENTER ONE -QUARTER CORNER. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT B BEING THE CENTER ONE -QUARTER CORNER OF SAID SECTION 9; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 9, S89°04'48"W A DISTANCE OF 2599.08 FEET, TO THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 65; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 9, N0l°02'59"W A DISTANCE OF 2604.12 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 52 AS DESCRIBED IN BOOK 911 AT PAGE 64 BEING 40.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SAID SECTION 9; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 40 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 9, N89°06'32"E A DISTANCE OF 1776.07 FEET, TO THE NORTHEASTERLY LINE OF SAID LOT B; THENCE ALONG SAID NORTHEASTERLY LINE OF LOT B ALSO BEING THE SOUTHWESTERLY LINE OF LOT A OF SAID RECORDED EXEMPTION NO. 1477-09- 2RE1514, RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO. 02355469, THE FOLLOWING TEN (10) COURSES: 1. 566°20'55"E A DISTANCE OF 235.88 FEET; 3 SKLD LG SKL10422 WE 3200580-2004.003 I 111111 11111 11111 I 11111 1111 1111 11111 Ell IIII • • • • 3200580 07/20/20Q4 05:01P Weld County, CO 4 of 7 R 36.00 b 61.85 Steve Moreno Clerk 8 Recorder 2. S59°25'13"E A DISTANCE OF 99.94 FEET; 3. S55°12'57"E A DISTANCE OF 100.06 FEET; 4. S51 °00'05"E A DISTANCE OF 99.93 FEET; 5. S46°44'11 "E A DISTANCE OF 100.13 FEET; 6. 542°36'22"E A DISTANCE OF 100.00 FEET; 7. S38°18'O4"E A DISTANCE OF 99.94 FEET; 8. S30°57'20"E A DISTANCE OF 199.90 FEET; 9. 554°49'34"E A DISTANCE OF 35.03 FEET; 10. N89°04'05"E A DISTANCE OF 45.07 FEET, TO THE EAST LINE OF SAID NORTHWEST ONE -QUARTER OF SAID SECTION 9; THENCE ALONG SAID EAST LINE, SOO°53'O8"E A DISTANCE OF 1912.82 FEET, TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 6,538,349 SQUARE FEET OR 150.100 ACRES. NAME AND ADDRESS OF PERSON CREATING NEWLY CREATED LEGAL DESCRIPTION (§38-35-106.5, C.R.S.) J.R. ENGINEERING 6020 GREENWOOD PLAZA BLVD. ENGLEWOOD, CO 80] 11 (303) 740-9393 4 SKLD LG SKL10422 WE 3200580-2004.004 • • • • I I111111111111111111111111�111111111111111 1111 3200001 3580 07/2 /2004 05:01P Weld County, CO 5 at 7 R 36. D 61.85 Steve Moreno Clerk & Recorder Exhibit B to Special Warranty Deed (Water) • (Parcel G) (Exceptions) 1. All taxes and assessments for the year 2004 and subsequent years, a lien, not yet due and payable. 2. Right of way and easement for "Enlargement of The D.A. Lord Reservoir No. 4" as evidenced by Statement filed August 26, 1907 as Filing No. 121990. Described as W 1 /2 N W l /4 and NE1/4 /4 of NW1/4 /4 of Section 9. 3. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4. Right of way, whether in fee or easement only, for railroad purposes, as granted to The Chicago, Burlington & Quincy Railroad Company by Charles B. Christy, recorded July 9, 1925 in Book 779 at Page 233, affecting the following described property, as more particularly described in said instrument. Right of way, whether in fee or easement only, for road purposes, as granted to Weld County, Colorado by Fred Durbin, recorded March 25, 1931 in Book 911 at Page 64, affecting the following described property, as more particularly described in said instrument. 6. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd. and Union Pacific Resources Company recorded May 22, 1992 in Book 1337 as Reception No. 02288934. A 30 feet wide access, utility, water well and water line Easement over the Northwesterly portion of subject property as shown on Recorded Exemption No. 1477-09-2-RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469. 8. Right of way, whether in fee or easement only, for a pipeline or pipelines and appurtenances, granted to Duke Energy Field Services, Inc. by Prospect Valley Fanns, Ltd. by instrument recorded April 25, 2001 as Reception No. 2843054, in which the specific location of the casement is not defined. 5 SKLD LG SKL10422 WE 3200580-2004.005 • • • • 111111111111111111111111 Ili/ IIII�111 III IIIII IIII IIII 3200580 07/20/2004 05:01P Weld County, CO 6 or 7 R 36 00 0 61.85 Steve Moreno Clerk & Recorder 9. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation recorded October 4, 1999 as Reception No. 2724468. 10. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation recorded November 27, 2000 as Reception No. 2809195. 11. Right of way, whether in fee or easement only, for a pipeline gate or gate -valves and appurtenances, granted to Duke Energy Field Services, Inc. by Prospect Valley Farms, Ltd. by instrument recorded April 25, 2001 as Reception No. 2843053, in which the specific location of the easement is not defined. 12. Terms, agreements, provisions, conditions and obligations as contained in Agreement for Conveyance and Easement by and between Prospect Valley Farms, Ltd. and Weld County, Colorado recorded May 9, 2002 as Reception No. 2950276. 13. Terms, agreements, provisions, conditions, obligations and easement as contained in Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954634. 14. Right of way, whether in fee or easemenfonly, for the purpose of installation and maintenance of rip rap slope protection and drainage facilities, as granted to the County of Weld, a body corporate and politic of the State of Colorado by Prospect Valley Farms, Ltd., recorded September 26, 2002 as Reception No. 2990534, affecting the following described property, as more particularly described in said instrument. 15. Any and all unrecorded leases and tenancies. 16. The following matters as set forth on ALTA/ACSM Land Title Survey prepared by J. R. Engineering, dated December 2, 2003, as revised December 29, 2003, January 9, 2004, June 24, 2004, June 28, 2004 and July 2, 2004 as Job Number 15006.00 to -wit: 1. Any loss or damage arising from the fact that the fence lines lie both inside and outside from the subject property and the adjoining property. 2. Any loss or damage arising from the fact that crop circles and other farming operations lie both inside and outside the boundary line of the subject property. 6 SKLD LG SKL10422 WE 3200580-2004.006 • S • ►,II►►,11,ll ►,II I{lllll �,�, �,,, II I ►„ ��,,, ►��, ►��► 3200580 07/20/ 004 05:01P Weld County, CO 7 of 7 R 36.00 0 61.85 Steve Moreno Clerk & Recorder Exhibit C to Special Warranty Deed (Water) (Parcel G) (Well Permit Information) • Permit No.: 31595FP Priority Date: 02/05/57 Permit Location: NE 1/4 of the SW 1/4 of Section 9, TIN, R63W of the 6th P.M. Maximum Annual Volume of Appropriation: 400.0 Acre Feet Maximum Pumping Rate: 1000.0 Gallons Per Minute Maximum Number of Acres Which May be Irrigated: 160.0 Description of Acres Irrigated: The NW 1/4 of Section 9, TIN, R63W of the 6th P.M. Together with all interest in the water rights adjudication and the determinations, including, but not limited to, changes in type of use, place of use and otherwise as modified, in the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District Court on May 10, 2004 in Case No. 98CV 1727, and recorded on June 22, 2004 as Reception No. 20040622000516130 of the books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No, 3191505 of the books and records of the Weld County Clerk and Recorder; and by the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District Court on June I, 2004 in Case No. 99CV0097, and recorded on June 22, 2004 as Reception No. 20040622000516120 of the books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No. 3191504 of the books and records of the Weld County Clerk and Recorder. 7 SKLD LG SKL10422 WE 3200580-2004.007 • • • • 111111111111 IIIII 1111111 IIII Ell 1111111 III 11111 IIII 1111 3200582 07/20/2004 05:02P Weld County, CO 1 of 6 R 31.00 D 4.50 Steve Moreno Clerk & Recorder Warranty Deed (Parcel G) c5j • This Deed, made this 1 4 day of July, 2004, between Prospect Valley Farms, Ltd., a Colorado limited partnership, as grantor ("Grantor"), and PV Water Holdings LLC, a Colorado limited liability company, whose legal address is 9145 East Kenyon Avenue, Suite 200, Denver, Colorado 80237, of the City and County of Denver, State of Colorado, as grantee ("Grantee"). Witnesseth, that Grantor, for and in consideration of the sum of Forty -Five Thousand Thirty Dollars ($45,030) and other good and valuable consideration, 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 Grantee, its successors 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 attached hereto and incorporated herein. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of 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, its successors and assigns, forever. Grantor, for itself, its successors and assigns, does covenant, grant. bargain and agree to and with Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for and subject to those matters as set forth on Exhibit B attached hereto and incorporated herein. Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof TNG D SKLD LG SKL10422 WE 3200582-2004.001 111111111111 1111 [HIP 11111 NII IIII • 3200582 07/20/200 05:02P Weld County, CO 2 at 6 R 31.00 0 4.50 Steve Moreno Clerk & Recorder n Witness Whereof, Grantor has executed this Deed on the date set forth above. • Prospect Valley Farms, Ltd., a Colorado limited partnership By: Walra STAT OF COLORADO ) ) ss. CITY sc COUNTY OF BOULDER etellapper, General Partner The foregoing instrument was acknowledged before me this day of July, 2004, by Walrav:n F. Ketellapper, General Partner of Prospect Valley Farms, Ltd., a Colorado limited partnership, on its behalf. Witness my hand and official seal. ,,.„,.«» My commission expires: ' 114E R9 y1 AU L. ti rT <,> cF • Frio, 2YxCJ t 2co(4 Notary Public 2 SKLD LG SKL10422 WE 3200582-2004.002 • • • 1111111111Il 3200582 07/2 2004 05:02P Weld County, CO 3 of 6 R 31 0 D 4.50 Steve Moreno Clerk & Recorder Exhibit A to Warranty Deed • 1111111111111IIII II�II III1111111111111 (Parcel C) (Legal Description) • LOT B, RECORDED EXEMPTION NO. 1477-09-2RE1514, RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO 02355469, BEING A PART OF THE NORTHWEST ONE -QUARTER OF SECTION 9, TOWNSHIP I NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR S00°53'08"E A DISTANCE OF 2642.79 FEET. MONUMENTED BY A 2" ALUMINUM CAP STAMPED "LS 25937" AT BOTH THE NORTH ONE -QUARTER CORNER AND AT THE CENTER ONE -QUARTER CORNER. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT B BEING THE CENTER ONE -QUARTER CORNER OF SAID SECTION 9; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 9, 589°04'48"W A DISTANCE OF 2599.08 FEET, TO THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 65; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 9, N0I °02'59"W A DISTANCE OF 2604.12 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 52 AS DESCRIBED IN BOOK 911 AT PAGE 64 BEING 40.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SAID SECTION 9; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 40 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 9, N89°06'32"E A DISTANCE OF 1776.07 FEET, TO THE NORTHEASTERLY LINE OF SAID LOT B; THENCE ALONG SAID NORTHEASTERLY LINE OF LOT B ALSO BEING THE SOUTHWESTERLY LINE OF LOT A OF SAID RECORDED EXEMPTION NO. 1477-09- 2RE1514, RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO. 02355469, THE FOLLOWING TEN (10) COURSES: 1. S66°20'55"E A DISTANCE OF 235.88 FEET; 3 SKLD LC SKL10422 WE 3200582-2004.003 • 1111111111111111111111111111 I I I I1111111 I I I11111 I I I I I I I I 3200582 07/20/2004 05:02P Weld County, CO 4 of 6 R 31.00 D 4.50 Steve Moreno Clerk S Recorder • • • 2. S59°25'13"E A DISTANCE OF 99.94 FEET; 3. S55°12'57"E A DISTANCE OF 100.06 FEET; 4. S51 °00'05"E A DISTANCE OF 99.93 FEET; 5. S46°44'11"E A DISTANCE OF 100.13 FEET; 6. S42°36'22"E A DISTANCE OF 100.00 FEET; 7. S38°18'04"E A DISTANCE OF 99.94 FEET; 8. S30°57'20"E A DISTANCE OF 199.90 FEET; 9. 554°49'34"E A DISTANCE OF 35.03 FEET; 10. N89°04'05"E A DISTANCE OF 45.07 FEET, TO THE EAST LINE OF SAID NORTHWEST ONE -QUARTER OF SAID SECTION 9; THENCE ALONG SAID EAST LINE, S00°53'08"E A DISTANCE OF 1912.82 FEET, TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 6,538,349 SQUARE FEET OR 150.100 ACRES. NAME AND ADDRESS OF PERSON CREATING NEWLY CREATED LEGAL DESCRIPTION (§38-35-106.5, C.R.S.) J.R. ENGINEERING 6020 GREENWOOD PLAZA BLVD. ENGLEWOOD, CO 80111 (303) 740-9393 4 SKLD LG SKL10422 WE 3200582-2004.004 • • • 1111111111111111111111 1111111111111111 2P W 4 05:0eld County, CO I1111111111111111 3200582 07/20/2 u 5 of 6 R 31 00 D 4.50 Steve Moreno Clerk & Recorder Exhibit B to Warranty Deed (Parcel G) (Exceptions) • 1. All taxes and assessments for the year 2004 and subsequent years, a lien, not yet due and payable. 2. Right of way and easement for "Enlargement of The D.A. Lord Reservoir No. 4" as evidenced by Statement filed August 26, 1907 as Filing No. 121990. Described as W1/2NW1/4 and NE1/4 ofNW1/4 of Section 9. 3. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4. Right of way, whether in fee or easement only, for railroad purposes, as granted to The Chicago, Burlington & Quincy Railroad Company by Charles B. Christy, recorded July 9, 1925 in Book 779 at Page 233, affecting the following described property, as more particularly described in said instrument. 5. Right of way, whether in fee or easement only, for road purposes, as granted to Weld County, Colorado by Fred Durbin, recorded March 25, 1931 in Book 911 at Page 64, affecting the tollowing described property, as more particularly described in said instrument. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms, Ltd. and Union Pacific Resources Company recorded May 22, 1992 in Book 1337 as Reception No. 02288934. 7. A 30 feet wide access, utility, water well and water line Easement over the Northwesterly portion of subject property as shown on Recorded Exemption No. 1477-09-2-RE1514, recorded October 18, 1993 in Book 1407 as Reception No. 02355469. 8. Right of way, whether in fee or easement only, for a pipeline or pipelines and appurtenances, granted to Duke Energy Field Services, Inc. by Prospect Valley Farms, Ltd. by instrument recorded April 25, 2001 as Reception No. 2843054, in which the specific location of the easement is not defined. 5 SKLD LG SKL10422 WE 3200582-2004.005 • • • 111111111111 11III 1111111 IIII IIII IIIIII IIIII IIII IIII 3200582 07/20/2004 05:02P Weld County, CO 6 of 6 R 31.00 D 4.50 Steve Moreno Clerk & Recorder • 9. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation recorded October 4, 1999 as Reception No. 2724468. 10. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation recorded November 27, 2000 as Reception No. 2809195. 11. Right of way, whether in fee or easement only, for a pipeline gate or gate -valves and appurtenances, granted to Duke Energy Field Services, Inc. by Prospect Valley Farms, Ltd. by instrument recorded April 25, 2001 as Reception No. 2843053, in which the specific location of the casement is not defined. 12. Terms, agreements, provisions, conditions and obligations as contained in Agreement for Conveyance and Easement by and between Prospect Valley Farms, Ltd. and Weld County, Colorado recorded May 9, 2002 as Reception No. 2950276. 13. Terms, agreements, provisions, conditions, obligations and easement as contained in Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954634. 14. Right of way, whether in fee or easement only, for the purpose of installation and maintenance of rip rap slope protection and drainage facilities, as granted to the County of Weld, a body corporate and politic of the State of Colorado by Prospect Valley Farms, Ltd., recorded September 26, 2002 as Reception No. 2990534, affecting the following described property, as more particularly described in said instrument. 11 Any and all unrecorded leases and tenancies. I6. The following matters as set forth on ALTA/ACSM Land Title Survey prepared by J. R. Engineering, dated December 2, 2003, as revised December 29, 2003, January 9, 2004, June 24, 2004, June 28, 2004 and July 2, 2004 as Job Number 15006.00 to -wit: 1. Any loss or damage arising from the fact that the fence lines lie both inside and outside from the subject property and the adjoining property. 2. Any loss or damage arising from the fact that crop circles and other fanning operations lie both inside and outside the boundary line of the subject property. 6 SKLD LG SKL10422 WE 3200582-2004.006 • eRecorded in County, CO Doc Id: 3463826 03/22/2007 04: P Receipt#: 7299278 Page: 1 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder Special Warranty Deed (PV — Turnpike) This Deed, made this (0 day of March, 2007, between PV Water Holdings LLC, a Colorado limited liability company, of the County of Weld, State of Colorado, as grantor ("Grantor"), and Turnpike Limited Liability Company, a Colorado limited liability company, whose legal address is 3964 Highway 79, Keenesburg, CO 80643, of the County of Weld, State of Colorado, as grantee (collectively the "Grantee"). Witness, that Grantor, for and in consideration of the sum of Ninety Thousand Sixty Dollars ($90,060.00) and other good and valuable consideration, 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 Grantee, for itself, its successors 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 attached hereto and incorporated herein ("Property"). Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all of the oil, gas, gravel, royalty interests and other mineral rights, together with all surface rights, which are owned by Grantor, if any, related to, or in any way appurtenant to, in and under and that may be produced therefrom, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. Together with water rights and rights to delivery of water associated with the inclusion of the Property within the Henrylyn Irrigation District, EXCEPT RESERVING UNTO GRANTOR all water and water rights, whether adjudicated or not, which are related to or in any way appurtenant to the Property, (except for the water and water rights described above) including without limitations, all well and well rights, including but not limited to, the water rights associated with Well Permit No. 31595FP (former Permit No. 11587R); which water rights were subject to the terms and conditions of the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District Court on May 10, 2004 in Case No. 98CV1727, and recorded on June 22, 2004 as Reception No. 20040622000516130 of the books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No. 3191505 of the books and records of the Weld County Clerk and Recorder; and the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court entered by the Adams County District Court on June 1, 2004 in Case No. 99CV0097, and recorded on June 22, 2004 as Reception No. 20040622000516120 of the books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as Reception No. 3191504 of the books and records of the Weld County Clerk and Recorder; all water rights and rights to water in the Denver Basin Aquifers underlying the Property; all subterranean water and water rights; all SKLD LG SKL10422 WE 3463826-2007.001 • eRecorded in ViCounty, CO Doc Id: 3463826 03/22/2007 04: Receipt#: 7299278 Page: 2 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder Denver Basin Aquifers underlying the Property; all subterranean water and water rights; all surface water and water rights; spring and spring rights; all tributary and non -tributary water rightsdesignated and non -designated water rights; all reservoir and reservoir rights not associated with Henrylyn Irrigation District; ditches and ditch rights not associated with I4enrylyn Irrigation District; all water and ditch company stock not associated with Henrylyn Irrigation District, water, and sewer tap agreements; any and all easements and rights -of -way for the carriage of water to the Property; discharge of water from the Property, and storage water off Property; all utility agreements with any other developers or with any municipality or quasi - municipal special district, if any, which are owned by Grantor or related to or in any way appurtenant to the Property and reserving unto Grantor any interest in the irrigation well and easement and right-of-way on, across and under the Southwest Quarter (SW 1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., as reserved and excepted in Warranty Deed recorded December 13, 1979 in Book 890 at Reception No. 1811818 for the irrigation well designated by Well Permit No. 11587 (now Final Permit No. 31595FP), together with permanent access for ingress and egress to said well on the existing East-West farm road to operate, repair, maintain, re -drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter (NW 1/4) of Section 9, Township 1 North, Range 63 West of the 6th P.M., and as further set forth in said Warranty Deed. To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the Grantee, for itself, its successors and assigns forever. Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with Grantee, for himself, successors and assigns, that at the time of the ensealing and delivery of these presents, Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for and subject to those matters as set forth on Exhibit B attached hereto and incorporated herein. Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of Grantee, for itself, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof by, through or under Grantor. In Witness Whereof, Grantor has executed this Deed on the date set forth above. PV Water Holdings LLC, a Colo .. s 'i ited liability company By: 2 H. Farkas, Manager SKLD LG SKL10422 WE 3463826-2007.002 • eRecorded in 03/22/2007 04: Page: 3 of 7 Steve Moreno County, CO Doc Id: 3463826 P Receipt#: 7299278 Total Fee: $45.00 Clerk and Recorder The Zorl a, STATE OF COLORADO y7) a_# cop c )ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 1O4day of March, 2007, by Joel H. Farkas, Manager of PV Water Holdings LLC, a Colorado limited liability company, on its behalf Witness my hand and official seal. My commission expires: 15 .26 ° IT (SEAL) tsir _ �n\ „OFFICIAL SEAL -�„ 6 MARSHA KENNEDY Notary Public - sate of Afi20f15 I MARICOPACOUNTY .v Comm. ExpI!es March 15, 2008 3 7/4‘44ry Public -d SKLD LG SKL10422 WE 3463826-2007.003 • PARCEL G eRecorded in County, CO Doc Id: 3463826 03/22/2007 01PIP Receipt#: 7299278 Page: 4 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder Exhibit A (Legal Description) LOT B, RECORDED EXEMPTION NO. 1477-09-2RE1514, RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO 02355469, BEING A PART OF THE NORTHWEST ONE -QUARTER OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EAST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR S00°53'08"E A DISTANCE OF 2642.79 FEET. MONUMENTED BY A 2" ALUMINUM CAP STAMPED "LS 25937" AT BOTH THE NORTH ONE -QUARTER CORNER AND AT THE CENTER ONE -QUARTER CORNER. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT B BEING THE CENTER ONE -QUARTER CORNER OF SAID SECTION 9; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 9, S89°04'48"W A DISTANCE OF 2599.08 FEET, TO THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 65; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 9, N01 °02'59"W A DISTANCE OF 2604.12 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 52 AS DESCRIBED IN BOOK 911 AT PAGE 64 BEING 40.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SAID SECTION 9; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 40 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 9, N89°06'32"E A DISTANCE OF 1776.07 FEET, TO THE NORTHEASTERLY LINE OF SAID LOT B; THENCE ALONG SAID NORTHEASTERLY LINE OF LOT B ALSO BEING THE SOUTHWESTERLY LINE OF LOT A OF SAID RECORDED EXEMPTION NO. 1477-09- 2RE1514, RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO. 02355469, THE FOLLOWING TEN (10) COURSES: 1. S66°20'55"E A DISTANCE OF 235.88 FEET; 2. S59°25'13"E A DISTANCE OF 99.94 FEET; 3. S55°12'57"E A DISTANCE OF 100.06 FEET; 4 SKLD LG SKL10422 WE 3463826-2007.004 4. 5. 6. 7. 8. 9. • eRecorded in 11 County, CO Doc Id: 3463826 03/22/2007 04: P Receipt#: 7299278 Page: 5 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder S51 °00'05"E A DISTANCE OF 99.93 FEET; 546°44'11"E A DISTANCE OF 100.13 FEET; 542°36'22"E A DISTANCE OF 100.00 FEET; S38°18'04"E A DISTANCE OF 99.94 FEET; S30°57'20"E A DISTANCE OF 199.90 FEET; S54°49'34"E A DISTANCE OF 35.03 FEET; 10. N89°04'05"E A DISTANCE OF 45.07 FEET, TO THE EAST LINE OF SAID NORTHWEST ONE -QUARTER OF SAID SECTION 9; THENCE ALONG SAID EAST LINE, S00°53'08"E A DISTANCE OF 1912.82 FEET, TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 6,538,349 SQUARE FEET OR 150.100 ACRES. 5 SKLD LG SKI410422 WE 3463826-2007.005 • eRecorded in County, CO Doc Id: 3463826 03/22/2007 04: Receipt#: 7299278 Page: 6 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder Exhibit B (Exceptions) 1. Taxes and assessments for the year 2007 and subsequent years, a lien not yet due or payable. 2. All water, water rights, or claims thereto, in, on or under the land. 3. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 4. Rights of way for county roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, by the instrument recorded October 14, 1889 in Book 86 at Page 273. 5. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, as contained in deed recorded November 29, 1907 in Book 233 at Page 128, and any and all assignments thereof or interests therein. Note: Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2954634. 6. Right of way, whether in fee or easement only, for road purposes, as granted to Weld County, Colorado by Fred Durbin by instrument recorded March 25, 1931 in Book 911 at Page 64. 7. Terms, conditions, provisions and agreements specified under the Surface Owner's Agreement by and between Eagle Peak Farms, Ltd. and Union Pacific Resources Company, which was recorded May 22, 1992 in Book 1337 at Reception No. 02288934. 8. 30' wide access, utility, water well & water line easements and notes and shown on the Recorded Exemption No. 1477-09-2-RE1514 recorded October 18, 1993 in Book 1407 at Page 02355469. 9. Terms, conditions, provisions and agreements specified under the Surface Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation, which was recorded October 4, 1999 at Reception No. 2724468. 10. Terms, conditions, provisions and agreements specified under the Surface Owner's Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land Resources Corporation, which was recorded November 27, 2000 at Reception No. 2809195. SKLD LG SKL10422 WE 3463826-2007.006 • eRecorded in County, CO Doc Id: 3463826 03/22/2007 04:4 P Receipt#: 7299278 Page: 7 of 7 Total Fee: $45.00 Steve Moreno, Clerk and Recorder 11. Valve site contract for a pipeline gate or gate -valves with any by-passes and appurtenances as granted to Duke Energy Field Services, Inc. by instrument recorded April 25, 2001 at Reception No. 2843053. 12. Pipeline right-of-way grant and easement as granted to Duke Energy Field Services, Inc., by instrument recorded April 25, 2001 at Reception No. 2843054. 13. Terms and conditions as contained in the Agreement for Conveyance of Easement by instrument recorded May 9, 2002 at Reception No. 2950276. 14. Grant of easement and right of way for a non-exclusive, perpetual easement for rip rap slope protection and extension of existing drainage facilities as granted to the County of Weld by instrument recorded September 26, 2002 at Reception No. 2990534. 15. ALTA/ACSM Land Title Survey by instrument recorded September 13, 2004 at Reception No. 3218385. 16. Terms, conditions, provisions, agreements and obligations specified under the Notice to Construct a Toll Road and Disclaimer of Interest, which was recorded August 28, 2006 at Reception No. 3414875. Note: List of owners notified of the above recorded Notice, recorded January 5, 2007 at Reception No. 3445894. 7 SKLD LG SKL10422 WE 3463826-2007.007 3499481 08/24/2007 12:28P Weld County, CO 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder ARA QUITCLAIM DEED AND RELEASE THIS DEED, made this /0'etay of 2007, between BNSF RAILWAY COMPANY (formerly known as The Burlington orthern and Santa Fe Railway Company and formerly known as Burlington Northern Railroad Company). a Delaware corporation, Grantor, and TURNPIKE LIMITED LIABILITY COMPANY, a Colorado limited liability company, of 3964 Highway 79, Keenesburg, Colorado 80643, Grantee. WITNESSETH: That the said Grantor, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration to the said Grantor in hand paid by the said Grantee, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and quitclaimed, and by these presents cloth remise, release, sell, convey and quitclaim, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, unto the said Grantee, its successors and assigns forever, all the right, title, interest, claim and demand, if any, which the said Grantor bath in and to the following described premises, located in Weld County, Colorado, more particularly described as follows: The Westerly 50 feet of BNSF Railway Company's (formerly Chicago, Burlington & Quincy Railroad Company) 100 foot wide Tampa Beet Line right of way, now discontinued, located upon, over and across the East Half of the Northwest Quarter of Section 9, Township 1 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado, bounded on the North and South by the North and South lines of said East IIalf of the Northwest Quarter; Hereinabove described property also bounded on the East by said Railway Company's Main Track centerline, as originally located and constructed; said Main Track centerline also being the North -South centerline of said Section 9. SUBJECT, however, to all existing interests, including but not limited to all reservations, rights -of -way and easements of record or otherwise. ALSO, if the premises are locally assessed, the Grantee, and for its successors and assigns, by acceptance of this deed, agrees to assume all locally assessed real estate taxes, outstanding and otherwise, and any and all past, present, pending and future assessments of every nature whatsoever, which have been or may be levied against the premises. 1 SKLD LG SKL10422 WE 3499481-2007.001 I 111111IIIII IIIIII III IIII111111 MuMIIII 11111IIII IIII • 3499481 08/24/2007 12:28P Weld County, CO 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder ALSO, the Grantee, and for its successors and assigns, by acceptance of this deed, hereby releases d forever discharges the Grantor, its successors and assigns, from any and all present or future o ligation of the Grantor, its successors and assigns, including but not limited to the construction of or continued maintenance thereto of any railroad fences, snow fences, road crossings, cattle guards, gates, farm crossings, bridges, drainage or irrigation pipes, if any, located and situated on the premises herein conveyed. BY ACCEPTANCE OF THIS DEED, Grantee acknowledges that a material consideration for this conveyance, without which it would not be made, is the agreement by the Grantee, for its successors and assigns, that the Grantor, its predecessors, successors, and assigns shall be in no manner responsible to the Grantee, any subsequent owner, purchaser, or any person interested therein for any and all claims, demands, damages, causes of action including loss of access, or suits regarding the quiet and peaceable possession of such premises, title thereto, or condition thereof IN WITNESS WHEREOF, the said Grantor has caused this deed to be signed by its authorized officers, and has caused the seal to be hereto affixed the day and year first above written. BNSF RAILWAY COMPANY %%%%% ,",aa°un� 4,vJ frY Co y 6 P0 q�'Z1.0'; O F y, 2 2 Dalen E. Wintermute Manager — Land Revenue Management ATTEST: By Patricia Zbicho Assistant Secretary SKLD LG SKL10422 WE 3499481-2007.002 1111111111111111111111111111111111111111111111111111111 3499481 08/24/2007 12:28P Weld County, CO 3 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder Send Tax Bills To: Turnpike Limited Liability Company 3964 Highway 79 Keenesburg, CO 80643 STATE OF TEXAS )ss COUNTY OF TARRANT ) The foregoing instrument was acknowledged before me this / -' day of Qti•-) 1 J , 2007, by Dalen E. Wintermute as Manager --Land Revenue Management and Patricia Zbichorski as Assistant Secretary of BNSF Railway Company, a corporation. WITNESS my hand and official seal. My Commission Expires: .3— c2 3 -0106 2 N oitnljah-C). ublic This instrument was dratted by: BNSF Railway Company Corporate Real Estate Development 2500 Lou Menk Drive, AOB 3 Fort Worth, Texas 76131-2830 BN 1792-181 Tampa B. et inc.ICO 3 SKLD LG SKL10422 WE 3499481-2007.003 Hello