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Home My WebLink About20091068.tiffTitle and Permit Documents 5. Property Ownership Documents 5.1 TITLE DOCUMENT 5.1.1 Evidence of Leasehold Ownership Through Leasehold acquisitions, Kerr-McGee Oil & Gas OnShore LP (KMG), an Anadarko company, obtained the rights to explore and drill for, as well as produce, oil and gas under the Oil and Gas Leases described below. Copies of the Oil and Gas Leases are attached hereto. LEASE 1 Lessor: W.F. Bush Lessee: Richard E. Harkis and Charlotte Louise Harkis, husband and wife, Hudson, Colorado Date: March 16th, 1971 Lands: Township 2 North, Range 65 West, 6th P.M. Section 12: SW/4 — Pt. North/Half: Beg. At pt. 1320' W. of NE corner NW/4, E. on N. line Sec 12, 1518': S. 1800' S. 51 deg E. 340.05', N. 77 deg 17', E. 169.92', S. 17 deg 34' E. 777.16' to S. line NE/4, N. 87 deg 55' W. 863.03' to center of section, N. 706.54', W. 1320', N. 1980' to beg. Weld County, Colorado Recorded: Book 644, Reception No. 1566110 LEASE 2 Lessor: W.F. Bush Lessee: Ada Harkins, a widow Date: March 16, 1971 Lands: Township 2 North, Range 65 West, 6th P.M. Section 12: Tract 1: All of the SE/4 of Section 12 Weld County, Colorado Recorded: Book 662, Reception No. 1584334 EXHIBIT 1 7 Pioneer Wells T2N-R65W-12: SE/4SE/4 Weld County, Colorado 5-1 2009-1068 Cs O r't 7 J L\ N Cl is 231 e, c 0 0 ti Producers 88 (2721 s-oO'� lorado Record.! n �2. 0 lotlt_..�APR 2 e 1971 t pe 4q..: - 1561 OIL, GAS AND MINERAL LEASt z_( "(IS AGnamd6ari' mode tuna 16th da of Sarah ...... ........ .. ___....._. 16..71.. belwten Rich..E ...Haarkiw.atd Charlotte Louise Barka, huSband and wife, Hudson. Qolorado Lessor (whether one or more). anti. ..._..kilt _.E.e._Bairn .. P.._0. --,Box 674, 'intl.'t9Sla caPrado Lea WITNESS61'H. 1. Lessor in consideration of One _ Dollars ) in hand paid, of the royalties herein pnwided, Vand of the agreement of Lessee herein conained, hereby grant, other s. leases and lets Without restriction exclusively unto suce h enumr the eenated mineralsv�ll other minerexploring. whethert�l drillingoiand _torrto aining �#an d rtticW arVNspecified herein, laying hydrocarbons V pipe lines. building tanks. power stations. telephone lines and other structures thereon to produce,'save. take care of, treat, transport and own said products and housing it employees. the following described land in Wed County, Colorado, to -wit: Section 12: Southwest/Quarter Pt. North/Half: Beg. at pt. 1320; W. of/13 corner 1800; S. 51 deg E. 340:05;, N. 77 E. 777.16; to S. line,'NS/4, N. 87 section, N. 706.548, W. 1320;, N. (It is the intention of lessor to include all lards in Weld County, Colorado, owned by lessor) ,,.a.I. of Section. 12Township 2 NQ!%fk(............._.. In addition to the land above described Lessor hereby grant. leases and lets exclusively unto Lessee to the name extent as if specifically described herein all lands owned or claimed Lessor which are adjacent contiguous to or form a of the ands above particularly described, in - eluding all oil, gas. other hydrocarbons and allotherother minerals underlying lakes, rivers, streams, roadps, easements eand rightyf. which traverse or awd�lnn any amsaiid 1poddsDrF r rental payment purposes, the and Included within this lease shallOM deemed to contain A)V acre, ather lt Sublet to the other provisions herein contained, this lease shalt ha for a term of II years from this date (celled "primary term") and as long thereafter as oil, gas, other hydrocarbons, or other mineral is produced from said land hereunder. or drilling or reworking operations are conducted hereon vile. or to the . The royalties of Gtr intopaid the by Lessee ere: th) on oil. one -eighth ithee lin line to whiichthe>we s aye boreodconthatnected:Lwsee may from on the date of t me to epu�seinany r alafrom said land. the same to be alty oilvered at �in e its s or otherneaten. Dsa'bo tsu stance. produced from said price used. off the premises or in the manufacture of Igasol therMproducts etherefrom, reamarket llmdd tvalue Nclf sale: icil ol on ell one-eighth minerals mmiined amid or reeted. ontt�mth�NMerainrokiinnd or valuet the at the�11 or ty mine abe t Lessee's eeleectis of ioo. eexx<ceeeppt twhat te[r f Lessoor's wells.forall be operations heresieldvrrand thton. Vial*, on shall and wuhal) be e ofcomputed rafter deductingany so ter from G said a anus ble year from the date sOf prOdUcing gas in uch well quantities in. Lesssiee any assignee may theleted on the above reafter. In thland and e mat mannener• Droolease shall vided herein fort the payment nue in effect Lor a or tenderd of one ofdelay rentals. pay or tender to Leer as royalty, on or before one year from the date such well is shut in. the sum of 5100.00 per well and, detach payment or tender is made. this lease shall continue in effect for a further period of one year. In like manner and upon like payment Or tenders annually. made On or before each anniverury of the shut-in date of such well, tins lease shall continue in effect for successive periods of twelve (12) months each. 4. If operations for drilling are not commenced on said land as hereinafter provided. on or before one year from this date, the lease shall then terminate as to both parties, unless on or before such anniversary date Lessee shall pay or tender to Lessor or to the credit of Lessor in bank are ent and shall continue as the depository for all llBank payable hereunder regardless of changes in ownership (which f siland ordihe its renttils etitther byeconves conveyance or by the death or incapacity of Lessor) the rum of..Dollars (& 1. (herein called tal), which shall cover the privilege of deferring commencement of operations for drilling for a period of twelve (121 months. In like manner and upon ike payments or tenders annually the commencement of operations for drilling may be turtle( deferred for successive periods of twelve (12) months each during the primary term. The paymen or tender of rental herein referred to may be made in ey draft or check at the option of the Lame: d the depositing of such currency. draft or check in any past office, properly addresaed to the Lessor, or said bank, on or before the rental paying date, shall be deemed payment as herein Provided. If such bank (or any successor bank) should fail, liquidate or be succeeded by another bank, or for any reason fail or refuse to accept renal. Lessee shall not be held in default for failure to make such payment or tender of rental until miry (30) days after Lesor shall deliver to Lessee a proper recordable instrument naming another bank as agent to receive such pay- ments or tenders. The down cash payment is consideration for this lease according to Its terms and shall not be allocated as mere rental for a period. Lessee may at any time execute and deliver to Lessor or to the depositary bove named or place if record a release or releases covering any portion or aorta of the above described premises and thereby surrender tires lease as to such porrion or portions and be relieved of all obligations as to the acreage surrendered, and thereafter the rentals ➢ay.Dle hereunder shall be reduced in the proportion that the acreage covered hereby is reduced by said release or releases. If Lessee shall. on or before any rental date, make a bona tide attempt to pay or deposit rental to a Lessor entitled thereto under this lease according to L.esee's records or to a Lessor who, prior to such attempted payment or deposit, has sip Lessee notice, in accordance with the terms of this lease hereinafter set forth, of his right to receive rental. end if such payment or deposit shall be erroneous in any regard ((whether deposited In te wrong deposito paid to persons other than the parties entitled threto N,own by Lessee's rds. m incorrect t, or otherwise. Lessee shall be unconditionally obligated to pay to such Lessor the rental properly payable for the rental period involdbt this lease shall be maintained in the same manner as if such erroneous rental payment or deposit had been properly made, provided that the erroneous rental payment or deposit be cor- rected within 30 days after receipt by Lessee of written notice from such Iator of such error accompanied by any documents and other evidence neces- sary to enable Lessee to make proper payment 3. Should any well drilled on the above described land during the primary term before production is obtained be a dry hole, or should production be obtained during the primer] term and thereafter cease, then and in either event If operations for drilling an additional well are not commenced or operations for reworking an old well are not pursued on said land on or before the first rental paying data next succeeding the cessation of production or drilling or reworking on said well or wells, then this lease shall terminate unless Leased. on or before said date, shall resume the payment of rentals. Upon re amption of the payment of rentals, Section 4 teeming the payment of rentals, shall continue in force just as though there had been no inter- ruption in vie rental payments. If during the last year of the primary term and prior to the discovery of on, gas or other hydrocarbons on said land Lessee should drill dry hale thereon. or1f after discovery of oil ass. or other hydrocarbons before or during the last year of the hprimary temp the production odthereof should cease during the last year of said term from any cause, rental payment or operations n serarSyy order to keep the in force during the remainder or the primary term. IL. at the expiration of the prmary term. Lessee a coucting operations fr drillina new vx well or reworking an old well. this lease nevertheless shall continuethree as long as such drill or reworking operations continue, or if. after the ition of toprimary term, production on this leas shall in is lease nevertheless; shallcontinue in force If drilling reworking operations are commenced within sixty 160) days after such eeWton of production; Ifm production is restored or additional production is discovered result of any such drilling or reworking operations. conducted without cessation of than sixty (60) days, this lease shall continue as long thereafter as oil, gas. other hydrocarbons or other mineral is produced and sa long as additional drilling Sr reworking operations are had without cessation of such drill- ing or reworking operations for more than sixty 1601 consecutive days. 6. Lessee. at its option, is hereby given the right and power to pool or combine the land covered by this lease. or any portion thereof. as to oil and ppa or either of them, with any other land, lease or leases when in Lessee's Judgment It 1s necessary or advisable to o n order to propely develop and operate said premises. such pooling to be into a well unit or units not exceeding forty (40) es. plus an acreage tolerance of ten per cent (110%) of forty 1401 . for oil, and not exceeding six hundred anct forty 1640+ plus an acreage tolerance of ten percent (10% of six hundred a forty teed? 'seek for pa. ixeedt that larger units may be created to theorem to any ' spacing or well unit pattern that mae prescried by goin vern- mental alease authorities having Jurisdiction. Lessee may pool or combine acreage covered by this lease, or any portion thereof, as above provided, as to oil or gas 9 one or more stra, and its so formed need not conform in Sze area with the unit or units into which the is pooled or combined as to any other stratum or strata, and oil units need not conform as to as witty gas units. The pooling in one or more Instances shall t exhaust the rights of the Lessee hereunder -to pool this lease or portions thereof Into other unit. Lesser shall execute in writing and place of record an not or imi - enu Identifying and describing tile pooled acreage. Tire entire acreage se pooled a It shall be treated for au purposes.except the payment f yalties, a If It were included in this lease, and drilling reworking operations thereon or production of oil or gas therefrom, ocompletion thereon of a well as a shut -In gas well. shall be considered for all purposes. except the payment of royalties. as if such operations were on osuch production from or such completion were on the land covered by this lease, whether or not the well wells be located on the premises coverey his lase. In ➢ of the royalties elsewhere herein specified. Lessor shall receive from aunit so formed, only such portion of the royalty stipulated herein as the amount of his acreage placed in the unit or his royalty Interest therein bears to he total acreage so pooled in the particular unit Involved. Should any unit as riginally created hereunder contain lea than the maithnum number of acres bereinabove specified. then Lessee may at any time thereafter, whether be- fore or after production is obtained on the unit enlarge such unit by adding additional acreage thereto, but the enlarged unit shall in no event exceed the acreage content heremabove specified. In the event an existing unit is so enlarged. Lessee shall execute and place of record a supplemental declara- tion of unitization Identifying and describing the land added to the existing unit; provided, that it such supplemental declaretlon of unitization is not filed until afar production a obtainedthe unit as originally created, thenand in such t the supplemental declaration of unitization shall not become effective until the first day of on calendar month net following the iing tereof. In the asence of production Leee may :erminale any unitised area by filing of record notice of termination. 7. Lessee also shall have the sightto unitiz, pool, or combine all or any part of the above described lands with other lands In the tame general m byentering inn cooperative it plan of development operation approved by any governmental authority and. from time to time.with like ace 1, b modify, change or terminate any such plan or agmment end. In such event. Net ndrttons, and provisions of Nls lease shalbe modified to conform to its tern¢, conditions, d ymvl.ions of th approved coopeatve or unit plan of a the drilling or operation end. par- ucuiarly, all drilling and development requirements of NIs luxe express or Implied, shall be satisfied by compliance with the drilli the and development requirements described of sucplan or agreement, and this lease shall not terminate or e expire during the life of such plan eminent. In the event that said above de%gb d ands or any pert d , shall hereafter be operated under any such cooperative or unit plan of development or operation wherend the for the n therefrom a allocated to different portions of the land covered by said plan. then the g been elan allocated m any particular tract of land shall. for ll of computing the royalties to be paid hereunder to Lessor, be regarded as bovine produced from the particular tract of land la which it is allocated e and not to any other tract of land; and the royalty Payments to be made hereunder vto Lessor Mall be based upon production only so allocated. ernm shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee, S. Least shall have the e t any time without Lessor's consent to time surrender all or any portion of the leased premises and ee relieved of altt obligation to the acreage surrendered. Lessee Mll have the right Si any time all during aor after thee tired on of Na Lessor. tremove aparoperly d fbelo a placed by Leered on and and. Including the right to saw andremove ll go When pus red 0 rnLessee will bury ail pope and below ordinary plow depg, and no welt shall be drilled within two hunrlfos feat f any residence barn now on said land without Lessor's consent. The Lessee agrees to promptly pry to Inc owner thereof any damages to crops, or improvements. caused by or resulting from any operations of Lessee. NW/4,E. on N. line Sec. 12, 1518; S. deg 17', E. 169.928, S. 17 deg 34', deg 55' W. 63.03; to center of Section 12, T. 2 N., R. 63W., Ilange65 Week • • rl'• • ia. eoG4 641 1566110 9. The rights of either party hereunder may be assigned, in whole or in part, and the provisions hereof Shall MOONS to the heirs. successors and assigns of the parties hereto, but no rltange or division In ownership of the land, rentals. or royalties. however accomplished, shall operate to enlarge the obi aationa or diminish the rights of Lessee. No change in the ownership of the land. or any interest therein. shall be binding on Lewes until Laub shall be furnished with a certified copy of all recorded instruments. all court proceedings and all other necessary evidence of any transfer. Inheritance. or sale of said rights. In event of the assignment of this lease as to s segregated portion of said land, the rentals payable hereunder shall be apportionable among the several leasehold owners ratably according to the surface area of each, and debuts in rental payment by one shall not affect the rights of other lease- hold owners hereunder. In case Lessee assigns this lease, in whole or in part. Lessee shall be relieved of ail obligations with respect to the assigned por- tion or portions arising subsequent to the date of assignment. 10. All express or implied covenants of this tease shall be subject to all Federal and State Laws, Executive Orden. Rules or Regulations, and this lease shall not be terminated, in whole or in Dart, nor Lessee held liable In damages. for failure to comply therewith. if compliance is prevented by. or if such failure is the result of, any such Law. Order. Rule or Regulation. or if prevented by an act of God. of the public enemy, labor disputes. inability to obtain material, failure of transportation. or other cause beyond the control of Lessee. if, Girths the term of this leue. oil or gas or other hydrocarbons or other mineral is discovered upon the leased premises. but Lessee la prevented from producing the same by reason of any of the causes set out in tills Section. this lease shall nevertheless be considered as producing and shall continue In full force and effect until Lessee is permitted to produce the oil. gas, other hydrocarbons, or other mineral and as long thereafter as such production continues in paying quantities or drilling or reworking operations are =tinned aa elsewhere herein provided. 11. Lessor hereby warrants and agrees to defend the title to said land and agrees that Lessee at its option may discharge any tax. mortgage or other lien upon mid land, either in whole or in part. and in event Leases does so. it shall be subrogated to such lien with the right to enforce same and apply rentals and royalii.a accruing hereunder toward satisfying same. Without impairment of t.essee'a rights under the warranty In event ad failure of tilts. It Is agreed that if Lessor owns an interest to said land less than the entire Ise simple estate. then the royalties and rentals to be paid Lessor shall be reduced proportionately. assigns. parties. All of the provisions of this lease shall inure to the benefit of and be binding upon the parties hereto. their heirs. administrators. successors and This agreement shall be binding on each of the above named parties who sign the same, regardless of whether It is signed by any of the other IN WITNESS WHEREOF, this instrument is executed on the date first above written. WITH seas: It operations for the drilling of a wre1l.. for_ oil .and/or. , gasare ...not ...00r named in .............. See. 12, T. 2...N.,..a.--6 Weld County. Colo.. within 90 days .of...the ..tint* ..of. ..this ..lfaase,. this lease shall ..be ._void STATE OF COLORADO, County of..... ..... The foregoing instrument was acknowledged before me this_-..._.._._.......__.........lLf F SS. Colorado Acknowledgment da7 of ./.�%,�F.,IJ — _._.-- --•--- A.D., a. 2,r y �s./Lr .-_L 1. 1.£ Witness my hand and official seal: My commission • - - c' Y - 1/ r,1 i — " lr i• Notary Public STATE OF COLORADO, Colorado Acknowledgment The foregoing instrument was acknowledged before me this...._ —.___.--r_...__..._....__. Witness my hand and official seal: M7 commission expires... , A.D., 19.--- by _.day of Notary Public. 1-4 z OIL, GAS AND MINERAL LEASE Nn. of Agee 8 V STATE OF C m n 662 • 15g4.1;" 4 Producers 88 (112) ayes -Colorado �I Ann Snorer, RecorderFOIL, GAS AND MINERAL LEASE "� 2 f. ?t Vtit rNDEXEr THIS AGREE:CNT made this. 16th Ada Harkis, a widow, Hudson, Colorado day nf March 19 71 between W. F. Bush P. 0. Box 674 Littleton, Colorado b Lever (whether n� or morel, and.... Bush., +. Levee, WITNESSEnf: ONE • 11 1. Lessor in consideration of Dollars ..11...PP ). in bend paid. of the royalties herein provided. and of the agreement of Lessee herein contained. hereby pants. leases and lets exclusively unto Lessee for the purpose of investigating. exploring, prospecting. drilling and mining for and producing oil, gas, other hydrocarbons and. whether • without restriction to such enumerated minerals, all other minerals similar or dissimilar to those particularly specified herein, laying pipe lines, .I' building tanks, power stations. telephone lines and other structures thereon to produce. save, take care of. treat, transport and own said products. and housing its employees. the following described land in Weld County, Colorado, to -wit: rq Tract I. AU of the SE/4 of Section ]2. Tract II. All of the NW/4 Section 12, SAVE AND EXCEPT a tract of land out of Section 12 NI described by metes and bounds as follows: Beg. at the NE/con of said NW/4, Th. West along o North line of said quarter section a distance of 1,320 feet, Th. South parallel to East line of said quarter section a distance of 1,320 feet to a point, Th. Southeasterly by direct line ,.( to a point on the East linenof said quarter section 1,980 feet South of the Northeast corner o of said quarter section, Th. North along the East line of said quarter section a distance o of 1,980 feet to the point of beginning. (It is the intention of lessor to include all lands in Section 12, T.j N., R. 65 W., Weld Co.,Colo, owned by lessor) age 65 West of Section .. .... ... .... .. Township rt� In addition to the land above described. Lessor hereby grants, leases and lets exclusively unto Lessee to the same extent as if specifically described herein all lands owned or claimed by Lessor which are adjacent. contiguous to or form a part of the lands above particularly described. in- cluding all oil, gas, other hydrocarbons and all other minerals underlying lakes, rivers streams. roads, easements and rats f -way which traverse or adjoin any of said lands For rental payment purposes, the land included within this lease shall be deemed to contain_. 'ty6acres. whether it actually comprises flora or less. 2. Subject to the oter hprovisions herein contained, this lease shall be for a term of %years from this date (called "primary term") and as long thereafter as oil, gas, other hydrocarbons, or other mineral is produced from said land hereunder, or drilling or reworking operations are conducted thereon 9. The royalties to be paid by Lessee are: in_) on oil, one -eighth of that produced duced and saved from said la, the same to be delivered at the wells, or a the credit of Lessor Into the pipe line to Qwhich the wells may produced connected Lessee may from time to time purchase including hase any. caraolynagllrbe oil in its r ootherhernhyyddrroca paying the bsttannce. pprodu[ed mpsaid illand endsosold r used off tthhee premf sor inntthefmpanuf ture( of Benuolne tproducts nth roefrom, the 1[et value at the well of one -eighth of the gas so sold or or d. provided that on gas sold at the wells the royalty shall be one -eighth of the amount realized from such ale: (c) on all other minerals rained and marketed. one -tenth either in kind or value at the well or mine at Lessee's election, except thatonLessor'swells.foraall ha rayons hereuunder. annddtthee nroyalty on e shall have gu�shW be comp gas, crofter deduct and water used. If a well omcapable of producing gas in Paving yuantiues u completed on the above described land and is shut In, this lease shall continue in effect for a period of one year from the date such well is shut in. Lessee or any Mane may thereafter, in the manner provided herein for the paymentender of delay Lrentals, pay or tender to Lessor as royalty, on or before one year from the date such well is shut in, the sum of $100.00 per well, and, or such payment or tender Is made, this lees shall continue in effect for a further period of one year. In hke manner and upon like payments or tenders annually, made on or before each anniversary of the shut-in date of such well. this lease shall continue in effect for successive periods of twelve (12) months each. terminate as to both parties. unless on or are t before ocommencedchnnivewisaaland as ry date Lessee pay or tender b rovided, on or before or e to theLwmedith f date. the leas . then Bank of (which band its successors are Lessor's agent and shall continue as the depository for all rentals ark payable hereunder regardless of changes in ownership of said land or the rentals either by conveyance or by the death or incapacity of Lessor) the sum ofDollars (d ) (herein called rental). which shall cover the privilege of deferring commencement of operations for drilling for a period of twelve (12 months.. In like manner and upon like payments or tenders annually the commencement of opeations for drilling may be further deferred for successive periods of twelve (12)) months each during the primary term- The payment tender of rental herein referred to may be made in currency. �. or check bbeefoorthe e the prenntal paf ying date, shall bbeeedeemed paymenof t as herein pre ded.rcheck ch bank (or any office, r b bank) shouldaddrefato �Ilou145e or be succeeded by another bank. or for any reason fail or refuse to accept rental. Lessee shall not be held in default for failure to make such Dayce,pt or tender of rental until thirty (00) days after Lessor shall deliver to Lessee a proper recordable instrument. naming another bank as agent -to receiye.gpch pay- mentsor tenders. 2 down cash payment is -consideration for this lease according to Its terms and shall not be allocated as mere rental for a period. Lessee may t any time execute and deliver to Lessor or to the depository above named or place of record a release or releases covering any portion or portions of the above described premises and thereby surrender this lease as to such portion or portions and be rellivet of all obligations as to the acreage surrendered, and thereafter the rentals payable hereunder shall be reduced in the proportion that the acreage covered hereby ls-reduced by said release or releases. '- If Lessee shall on or before any rental date, make a bona fide attempt to pay or deposit rental to Les sor entitled le_esmb under this lease according to Lease's records or to a Lessor to who, prior such attempted payment or deposit has given am notice, ' in ade,e4 wIthithe terms of thisforth , hereinafter set of hie right to al. renand if such payment Or deposit shall be erroneous in any regard le ether deposited in the rag depwrowltorypaid to other than theparties entitled thereto shown by Lesseeb records. In amount?' therwiatLessee shall be unconditionally obligated to pay to such pa the rental properly payable for the rental period involved. but Nis lease shall be maintained In the same mariner as If such erroneous rental payment or deposit had been properly made, provided that the erroneous rental payment or -deposit becor- reLessor of such error accompanied by any documents and,othec evedence n s- ry to enable Lessee to make proper payment. - J 5. Should any well drilled on the above described land during the primary term before pducton is obtained be a dry hole. or should production be obtained during the primary term and thereafter cease. then and in either event. if operations for drilling an additional well are not commenced Or operations for reworking an old well are not pursued on said land on or before the nest rental paying date next succeeding the cessation of production or drilling or reworking on said well or wells. then this lease shall terminate unless Lessee, on or before said date, shall resume the payment of rentals. Upon resumption of the payment of rentals, Section Y4eagoverning the payment of rentals, shall continue in force just as though there h inter- ruption in the rental payments. If during the last Glee of the primary term and prior to the discoveryrof oil, ga, other hydrocarbons on said land Lessee should drill dry bole thereon. or i[ afar very of oil. gas. or other hydrocarbons before during they last year of the primary Penn the production thereof shoud cease during the lest year of said term from any cause. no rental payment or operations re neceaasy order to keep the lease in force during e the remainder of the primary term_ If, t the expiration of the primary term. Lessee is conducting operations fur drilling w wall or reworking old well. this lease nevertheless shall continue in force as long a such drilling or rewokng operations coninue. or if. after the expiration of the primary term. production this lease shalcease. this lease nevertheless shall continue in force If drivingor reworking operations commenced within sixty 1001 days after such cessation of poution: if prodution a restored or additional production is iscovered as a result f any th riling or reworkin operations. conducted without cessation of more than sixty (601 days. tis lease sall continue long thereafter ill. gas. other hydrocarbons or other mineral Is produced and as long as additional drilling or reworking operations are had without cessationmthof such drill- ing or reworking operations for ore an sixty (60) consecutive days. e. Lessee. at its option, is hereby given the right and power to pool or combine the land covered by this lean. or any portion thereof. as to oil and gas or either of them, with any other land, lease or leases when in Lace's Judgment it is u or advisable to do in order to properlY veloand operate said premises, such pooling to be into a well unit or units not exceeding forty (40) es. plus an acreage tolerance of ten per tent 10%) of forty 440) acres. for ph. and not exceeding six hundred and fory 1640) res. plus an acreage tolerance of ten per cent (10% of six n ndred and forty 15401 acres, far gas. except that larger units may be created to conform to any spacing or well unit pattern that may be prescribed by govern- mental authorities having Jurisdiction. Lena may pool or combine acreage covered by this lease, lea, or any portion thereof. as above provided. as to oil or gas In any one or more strata. and units so formed need not conform in size or area with the unit or units into which the lease is pooled or combined as to any other stratum or strata. and oil units need not conform as to area with gas units. The pooling in one eeor m r innstalace ne�erhdalll not ean xhaust the or ins4ule off the Lessee hereunder to pool this lease or portion thereof into other units, Lessee shall execute in writing ens identifying end describing the pooled acreage. The entire acreage so pooled Into a unit shall be treated for all purposes, except the payment of royalties. as if it were Included In this lease, and drilling reworking operations thereon or production of oil or therefrom. Or thcompletion thereon of a well a a shut-in gas well. shall be considered for ail purposes, except the payment of royalties. es if such operations were on or such production were from or such completion were on the land covered Dy this lease, whether or not the welwells be locted on the premises coverby this lease. n lieu of the royalties elsewhere herein specified, Lector shall receive from a unit so formed, only such portion of the royalty stipulated herein as the amount of his acreage placed in the unit or his royalty Interest therein bears to the total acreage so pooled In the particular unit Involved. Should any unit as originally created hereunder contain less than the maximum number of acres hereinabove specified. then Lessee may at any time thereafter. whether be- fore or after production is obtained on the unit. enlarge such unit by adding atlditionat acreage thereto, but the enlarged unit shall in no event a eed the acreage content hereinabove specified. In the event an existing unit is so enlarged, Lessee stall execute and place of record a supplemental declara- tion of unitization identifying and describing the land added to the existing unit: provided. that if such supplemental declaration of unitization not filed until after production is obtained on the unit as originally created. then and in such event thsupplemental declaration of unitization shall not become effective until the first day of the calendar month next oowing the filing tereof. In the absence of production Lessee may terminate any unitized area by filing of record notice of termination. 7. Lessee also shall have the right to unitise. pool. or combine all or any part of the above described lands with other lands in the same general area by entering intocooperative or unit plan of development or operation approved by any governmental authority and. from time to time. with ike approval. to modify. ange or terminate any such plan or agreement and. In such event, the terms. conditions, and provisions of this leas shall be deememdified to conform te the terms. conditions. andprovisions of such approved cooperative or unit plan of development or operation d. par- ticularly. all drilling and development requirements of this lease. express or Implied. shall be satisfied such with the drilling and development requirements of such plan or agreement and this lease shall not terminate or expire during the life of h plan or agreement. In the event that aid f pan above described lands or any part thereof, hereafter be operated under y such cooperative or unit plan of development or Operation whereby the production therefrom is allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall. for the purpose f computing the royalties to be paid hereunder to Lessor, be regarded as having been produced from the particular tract of land to which It is allocated and not to any other tract at land: and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated, Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing she same upon request of Lessee. 8. Lessee shall have the right at any time without Lessor's consent to ender all or any portion of the leased premises and M relieved of all obligation as to the acreage surrendered. Lessee shall Rave the right at any time during or after the expiration of this lees to remove all property and fixtures plated by Lessee on said land. including the right to draw and remove all casing. when required by Lessor. Lessee will bury all pipe ines below ordinary plow depth. and no well shall be driled within two hundred 1200) feet of any residence or barn now on said land without Lessor's consent. The Lessee agrees to promptly pay to the owner thereof any damages to crops or Improvements, caused by or resulting from any operations of Lessee. THIS LEASE IS IN LIEU OF AND SUPERSEDES THAT CERTAIN OIL, CAS, AND MINERAL LFASE'DATED MARCH 16. 1971, FROM ADA HARRIS, A WIDOW, RECORDED IN BOOK 644, RECEPTION NO. 1566117- r.^% -tom ` CAL N 4 662 • 1584334 _ • 9. The rigthu of either party hereunder may b•assigned, in whole or In part, and the provisions hereof shall extend to the heirs. successors and i assigns of the parties hereto. but no change or division n ownership of the land. rentals. or royalties, however accomplished. shall operate to enlarge the obi ganorm or diminittr the rights of Lessee. No change in the ownership of the land, or any interest therein, shall be binding on Lessee until Lessee shall be furnished with a certified copy of ell recorded Instnrments, all court }proceedings end all other necessary evidence of any tranater. Inheritance. or sale of said rights. In event of the assignment of this lease as to a segregated portion of said land, the rentals payable hereunder shall be apportionable among the several leasehold owners ratably according to the surface area of each and default in rental payment by one shall not affect the rights of other lease- hold owners hereunder. In case Lessee assigns this lease. In whole or in per. Lessee shall be relieved of all obligations with respect to the assigned por- tion or portions arising subsequent to the date of assignment. 10. Ali express or implied covenants of this lease shall be subject to all Federal and State Laws, Executive Orders. Rules or Regulations, and this lease shall not be terminated. in whole or In part, nor Lessee held liable in damages, for failure to conaply therewith, if compliance is prevented by. or if such failure is the result of. any such Law• Order. Rule or Regulation. or if prevented by an act of God. of the public enemy, labor disputes. inability to obtain material. failure of transportation. or other cause beyond the control of Lessee. If. during the term et this lease. oil or gaa or other hydrocarbons or other mineral is discovered upon the leased premises. but Lessee Is prevented from producing the fame by reason of any of the causes set out In this Section, this lease shall nevertheless be considered as producing and shall continue in full force and effect until Lessee is permitted to produce the oil, gas. other hydrocarbons, or other mineral and as long thereafter as such production continues in paying quantities or drilling or reworking operations are continued as elsewhere herein provided. ii. Lessor hereby warrants and agrees to defend the title to said land and agrees that Lessee at its option may discharge any tax, mortgage or other Lan upon said land, either in whole or in part. and in event Lessee does so. it shall be subrogated to such seen with the right to enforce same end apply rentals and royalties accruing hereunder toward satisfying same. Without impairment of Lessee's rights under the warranty an event of failure of title. It is agreed that if Lessor owns an interest In said land led than the entire fee simple estate. then the royalties and rentals to be paid Lessor shall be reduced proportionately. All of the provisions of this lease shall inure to the benefit of and be binding upon the parties hereto, their heirs. administrators. successors and assigns. This agreement shall be binding on each of the above named parties who sign the same, regardless of whether it is signed by any of the other parties. rat wnwrss wffEREor. this Instrument is executed on the date first above written. wrrNEsals- If operations for the drilling of a wellfor.. oil ..and/or....gaa..are ... not... commenced .in Sec. . I2,....T.-2.. N. _A...65 W..., Weld. ..County. ._Colo. ....within _._.._..._ _.. _..._._..._ _. _.._._..._-..._.._ be void_ _._..... .... STATE OF COLORADO, County of..._AXPghoe_..--_..._ 1- SS. The foregoing instrument was acknowledged before me this._ Witness my hand and official seal: My commission expires January 2 , 1973 Colorado Acknowledgment . .ti. __-.-day of A.D, 19 -7 --- by A4 Barns a k a Ada Me Sarkis ,tttrl,t,I,,,,, STATE OF COLORADO, SS. Colorado Acknowledgment The foregoing instrument was acknowledged before me this.__.__......_. _...._......_.._.__._....— _ .._ _ �.._.- A.D.. 19---..._ by. Witness my hand and official seal: My commission expires. -day of Notary Public. CT OIL, GAS AND MINERAL.LEASE C0 STATE OF r • lir u FORM Stets of Colorado �� '44„Xw'.'.-J R..?ms Oil end Gas Conservation Commission h 120thsh Snit Sun BOI,Dmwr Ccbndse3303Phone:(103)89F2100Fax:(XM91.2109 JUN 3 0 2008 1. © Orel. � APPLICATION Deepen, � FOR PERMIT Reenter, � TO: Dbte Recom and Operate � I/►I117 �a """ '1"" I.?, per, 2. TYPE OF WELL OIL GAS X COMBED OTHER: Refill g Sidetrack '' P „Sal 20010124 SINGLE MULTIPLE ZONES X COMMINGLE ZONES) Complete Me 3. Nome of Operator Ken -McGee OH and Gas Onshore LP 4, COGCC Operator Number. 47120 M,Mment Cnecullel OP COOCC 5. Address: P. O. Box 173779 APD Ong 81 Copy CRY: Denver State: CO Zip: 80217.3779 Form 2A 6. Contact Name: Cheryl Light Phone: 720-929-6461 Fax: 720-929-7461 Well location plat 7. Weil Name: PIONEER Well Number: 9.12 Topo map 8. Unit Name (8appl): UM Number Mineral base mop 9. Proposed Total Measured Dept: 7817' Surface agnnnSurery WELL LOCATION INFORMATION 30 Day notice letter 10. OhGm SESE Sec 12 Trip: 2N Rng: 65W McMinn 6th. PM Deviated Drilling Plan Latitude: 40.14858' Longitude: 104.60857' Exception Location mate miat Request Footage At Surface: 1094' ESL 1018' FEL. Excopdon la Waives 11. Field Name: Wanenberg Field Number: 90750 H25 Contingency Plan 12. Ground Elevation: 4888' 13. County: Weld Federal Dolling Permit 14. GPS Date: Date of Measurement 04/02/2008 PROP Reaves: <8 Instrument Operator's Name: R. David Rux 15. hired Is: © DYeabel I. Horizontal (bight/ deviated), submit deviated drilling plan. Boltoniob Sec Twp Rag: NESE Sec 12 T2N R85W MIR& R9,F41 FWF1L RUMt Footage At Top of. Prod Zone: I 1980' I ® 680' (0 1flottom Hole: I 1980' I III I 860' I I FEL- 16. Is location In high density area (FUG 603b)? 17. Distance to the nearest buing, public road, above IN ground Yes utility a © raboad: No 1094' 18. Distance to Nearest Properly LYe: 795' 19. Owls to net vet permitted/canine In ma same 'maroon: 1043' av, Objective Fomwtion(a) Formation Code Spacing Order Number(s) LinkAcreageAssgned to Well Unit Configuration (N2, SE/9, etc.) Niobrara- Codell NB -CO 407 80 E/2SE/4 J Send JSND 232 320 S/2 21. Mineral Ownership: tt©Fee 22. Surface Oenertp: © (� Fee MI Stela Stole the mNenel Federal Federal Indiern Leese Surface Surety ft fi indlan ION 20010125 23. lathe Surface Owner also the 23a. N 23 N Yee: Nitre Surface Steal Owner? Owner(s) Owners Agreement Rag format LYes X No signature on Attached enter entire ease? Yee NM No 23b. N 23 Is No: IMISurfece or is 25,000 Blanket Surface Bond upon which tab proposed See attached lease El 32,000 Surface Bond • $5.000 Surface Bond 24. Using standard OtOt', Se Tap, base description welllode Is located(attarn separate sheet/map If you prefer): 25. Distance to Nearest Mineral Leese lire: 880' 26. Total Acres In Lease: 280 27. Is H2S anticipated? 28. WM eat sections 29. Will salt (>15,000 30. If questions 27 31. Mud disposal: Method: NOTE: The use clan Yes OW if Yea. attach con my pan. No No No 828,29 or30 are "Yes" a pit permit may be required. be encountered duhg drfig? ppm TDS CI) col based mudab used or 26 are yes, bMb location in ennoble Yea Ink- during dribs? area (Rule 903)7 Yes X _I Yes X t© OINl Land Femling In Onete Disposal Facility it singes dreling, notify ® Land Spreading Omer earthen pk bon Reannletn fluids requires a pit permit (Rub 905b.) local Ire atria Sting Size a Hole- SW of Caging Weight Per Foot Setting Depth Sacks Cement Cement Bottom Cement Top Surface 12-1/4" 85/8" 245 850' 595 850' Surface Production 7-7/8" 4-1/2" 11.65 7817 200 7817' Liner NA Stage Tool 32. BOP Equipment 33. Comments Type: © Annular Patentor • Double Rem °Rooting Head I♦ None No conductor casing will be used 34. Initial Rule 306 Consultation took place on (date) has been waived a k good faith effort did not result PERMIT SUBMITTED TO COOCC PRIOR TO COMPLIANCE I hereby army that a anlplaa permit package has to the best of my knaM(q�p�a3�hue, aolpM and Signed: kM�IAAA, k,%s 02/20/2008 ,u ea waived, or is not required. Provide supporting documentation M consultation 306 CONSULTATION SHALL BE RETURNED UNAPPROVED. Local Government Designee(s), and all statements made in this form are, Print Name: CHERYL LIGHT in consultation. WITH RULE been sent to the applicable tote. g ML Tile: REGULATO'Y ANALYST II ^ Date: f0 d 1-C g Emel: &s M ilaht®anadawe.sem Based on the Information p beeln, h1 ozn�ryp Permit-to-DnB complies with COGCC Rules and applicable orders and is hereby approved. COGCC Approved Fes' ` 'J'V"'e"2 Director of COGCC Dale. 5/2/IOC) Permit Number: OOF PS 4 13F 1ANY: 0 Expiration Date: 9 / a/ 7•(Y-5 aUURE5 API NUMBER 08. 423-a1/s5 CO 1) Provide 24 hour notice of MIRU to Ed Binkley at 970-506-9834 or e-mail at ed.binkley@state.co.us 2) Comply with Rule 317.i and provide cement coverage from TD to a minimum of 200' above Niobrara, Verify coverage with cement bond log. 3) Comply with Rule 321. Run and submit Directional Survey from TD to base of surface casing. Ensure that the wellbore complies with setback requirements in commission orders or rules prior to producing the well. WELL LOCATION CERTIFICATE • • SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST, 6TH P.M. NW SEC. 120 2Y" ALUM. CAP LS 19585 SW SEC. 12 2" ALUM. CAP LS 25937 qb S 88'23'33" E 5141.46' NOTES: THIS IS A DIRECTIONAL WELL. I BOTTOM HOLE LOCATION TO BE AT 1980' ESL, 660' FEL. BOTTOM HOLE LOCATION PROVIDED BY CLIENT. LAND SURFACE USE -PASTURE FIELD. TWINNING PROPOSED WELL PIONEER ' 6-12 16' TO THE SOUTHWEST. PROPOSED WELL PIONEER 16-12 TO BE AT 1079' FSL, 1023'FEL. EXISTING WELL HARKIS POOLING UNIT 21S 105' TO THE SOUTHEAST. TANK ENCLOSURE IS AT 164' TO THE SOUTHEAST. SEPARATOR ENCLOSURE IS AT 154' TO THE SOUTHEAST. FENCE IS AT 84' TO THE NORTHEAST. NO OTHER VISIBLE IMPROVEMENTS WITHIN 200'. SURFACE LOCATION GROUND ELEVATION= 4888' LAT/LONG.= 40.14858° 104.60657° 12- SY4 SEC. 12 2" ALUM. CAP LS 25937 N 89'36'44" W 2595.62' PIONEER 16-12 BH 1980' FSL I 660' FEL N 89'36'54 W ® NE SEC. 12 3 X4" ALUM. CAP LS 13155 E Y4 SEC. 12 3 Y4" ALUM. CAP LS 23520 1018'-- N m N HARKIS POOLING SE SEC. 12 UNIT 2 3X4" ALUM. CAP LS 10855 2595.1 6 I HEREBY STATE TO KERR-MCGEE OIL & GAS ONSHORE LP THAT THIS WELL LOCATION CERTIFICATE INDICATES THE WELL PIONEER 9-12 TO BE LOCATED 1094' FSL AND 1018' FEL, SEC. 12, T2N, R65W 6th P.M. R. DAVID RUX, PLS 37045 PETROLEUM FIELD SERVICES, LLC THIS IS NOT A MONUMENTED BOUNDARY SURVEY, IT IS ONLY A DRAWING INTENDED TO DEPICT THE WELL LOCATION TO SECTION LINES REVISIONS INITIAL DATE • _ PREPARED BY: PFS Petroleum Field Services, LLC 1801 W. 13th Ave. Denver, CO 80204 LEGEND = FOUND MONUMENT • = PROPOSED WELL • = EXISTING WELL ♦ = BOTTOM HOLE BASIS OF BEARINGS AS SHOWN ABOVE NORTH 0 500 1000 SCALE: 1"=1000' GROUND ELEVATION SHOWN IS APPROXIMATE AND IS BASED ON AN OBSERVED GPS ELEVATION (NAVD 1988 DATUM) LAT. & LONG. SHOWN ARE BASED ON AN OBSERVED GPS OBSERVATION (NAD 1983/92) WITH A PDOP VALUE OF LESS THAN SIX (6) ALL DISTANCES ARE FIELD MEASURED UNLESS OTHERWISE NOTED DISTANCES TO WELL ARE SHOWN PERPENDICULAR TO SECTION LINES FIELD DATE: 04-02-08 WELL NAME: PIONEER 9-12 DRAWING DATE: 04-03-08 BY: LB SURFACE LOCATION: WELD COUNTY, COLORADO SE 1/4 SE 1/4, SEC. 12, T2N, R65W • • 23 4�,•�.1-Q 3f c�;`l6n C DELORME © 2002 DeLorme. 3-0 topoQwds I0. Oats copyright of content owner. www. delorme. corn 4?59 Scale 1 : 25.000 tw 1^= 2080 ft WOO • FOR OGCC USE ONLY FORM 2A Rev 8/96 State of Colorado Oil and vas conservation commission DEPARTMENT OF NATURAL RESOURCES DRILL SITE/ACCESS RECLAMATION FORM This form shall be submitted in duplicate with the application for permit -to -drill (OGCC Form 2) unless a Federal 13 point surface plan is included. Also required are a minimum of two photographs (site and access road). Soil and plant community information from United States Natural Resources Conservation Services (USNRCS). ET FE SE Complete the 1. OGCC Operator Number: 47120 4. Contact Name & Phone Attachment Checklist OC Oper 2. Name of Operator: Kerr-McGee Oil and Gas Onshore LP Cheryl Light 3. Address: PO Box 173779 No: 720-929-6461 Drill site and access photographs City: Denver State: CO Zip: 80217-3779 Fax: 720-929-7461 COG Section 404 documentation 5. Well Name & Number: Pioneer 9-12 6. County: Weld 7. Location (QtrQtr, Sec, Twp, Rng, Meridian): SESE Sec. 12 T2N-R65W 6TH PM. Pre -Drilling Information Current Land Use 8. Crop Land: Irrigated X Dry Land Improved Pasture I I Hay Meadow I I CRP 9. Non -crop land: Rangeland Timber Recreational I I Other (describe) 10. Subdivided: Industrial Commercial Residential Attach color photographs of drill site and access road; Identify each photo by date, well name and location. Soils 11. Soil map units from USNRCS survey: Sheet No: NRCS Soil Report Soil Complex/Series No: 70 oils Series name: Valent Sand Horizon thickness (in inches): A: 0-8" ; B: NA C: 8-60" ils Series name: Horizon thickness (in inches): A: B: ; C: Plant Community Complete only if operations to be conducted upon non -crop land 12. Plant species from: I I USNRCS or 1 I Field Observation Date of Observation: List individual species: 13. Check one predominant plant community for the drill site: Disturbed Grassland (Cactus, Yucca, Cheatgrass, Rye, Thistle) Grassland (Bluestem, Grama, Wheatgrass, Buffalograss, Fescue, Oatgrass, Brome) Shrub and Brush Land (Mahogany, Oak, Sage, Serviceberry, Chokecherry) Plains and Deciduous Riparian (Cottonwood, Willow, Aspen, Maple, Poplar, Russian Olive, Tamariek) Mountain Conifer Riparian (Spruce, Fir, Ponderosa, Pine) Aquatic (Bulrush, Sedges, Cattail, Arrowhead) Tundra (Alpine, Willow, Currant, Raspberry) Other (describe): 14. Was an Army Corps of Engineers Section 404 Permit filed? 'Yes I x I No If yes, attach appropriate documentation. Comments, if any: I hereby certify that I, or persons under my direct supervision, have inspected the proposed drill site and access road; that I am familiar with the conditions which presently exist, that the statements made in this form are, to the best of my knowledge, true, correct, and complete. Name Cheryl Light Signed Title: Regulatory Analyst II Date: KERR-MCGEE GATHERING LLC 1099 18T" STREET • DENVER, COLORADO 80202 720-929-8000 k'i KerrlvtGee April 16, 2008 HP FARMS HOLDING LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 Re: Notice of Intent to Conduct Surface Operations PIONEER WELLS - SEE ATTACHMENT Township 02N, Range 65W Section 12 Weld County, Colorado Gentlemen: The Colorado Oil and Gas Conservation Commission ("COGCC") has adopted guidelines and procedures regarding oil and gas activities affecting the surface. These rules stipulate that an affected surface owner must be given notice in writing by an operator at least thirty (30) days prior to drilling an oil and gas well. Kerr-McGee Oil and Gas OnShore LP ("KMG") intends to begin operations to drill the above captioned oil and gas well(s) upon approval of title, receipt of permits from the COGCC prior to November 30, 2008. As the surface owner, it is your responsibility to notify the tenant fanner, if applicable, of this proposed operation. The COGCC's brochure for surface owners containing the rules pertaining to notice of oil and gas operations, reclamation and opportunities for consultation thereon, as well as, the rules of procedure for filing complaints and making applications for hearings is enclosed. Should you have any questions and/or concerns, please contact me at (303) 655-4350 or my cell at (970) 590-6249.. Very truly yours, KERR-MCGEE OIL AND GAS ONSHORE LP David Bell Landman I/we waive the 30 day notice referenced above and approve of the operations commencing upon KMG's receipt of the drilling permit. :el Enclosures A SUBSIDIARY OP ANADARKO PETROLEUM CORPORATION • PIONEER 12-12 NW/4SW/4 PIONEER 13-12 SW/4SW/4 PIONEER. 33-12 Center W Line of SW/4 PIONEER 34-12 SW Corner PIONEER 35-12 Center S Line of SW/4 PIONEER 10-12 NW/4SE/4 PIONEER 15-12 SW/4SE/4 PIONEER 16-12 SE/4SE/4 PIONEER 23-12 Center S/2 PIONEER 37-12 Center S Line of Section PIONEER 9-12 NE/4SE/4 PIONEER 11-12 NW/4SW/4 PIONEER 22-12 Center W/2 PIONEER 24-12 Center E/2 PIONEER 25-12 Center of Section PIONEER 7-12 NW/4SW/4 • i 1 2 Foam 2 xH12.0a to of Colorado Oil and Gas Conservation Commission 1120 L1ncoor swat Suns SC', Darer, Cohrodo 50108 Shore: (367{894-2(00 Fui.13C3)594.210g � APPLICATION FOR PERMIT TO: OXr- DOI, I I Deepen, n 1�Re-enter, I J Recomplele and Operate TYPE OF WELL Reeling OIL❑R GAS X COALBEDO OTHER: Sidetrack SINGLE ZONEMULTIPLE ZOtnES[T COMMINGLE ZONES 3. Name of Operator Kerr-McGee 00 and Gas Onshore LP 4. CCGCC Operator Number 47120 5. Address: P. O. Box 173779 City: Denver Contact Name: Cheryl Light Weil Name: PIONEER Unit Name (d appl): State: CO Zip: 80217-3779 JUN 3 0 2008 20010124 Compare In. AnaGtmenl Cneou'u OP 0O0CC Phone' 720-929.6481 Fax 720-929.7461 9. Proposed Tote: Measured Depth: 7917' Well Number 10-12 Unit Number: APD Orlg 81 Copy Form 2A Well location plat Topo map Mineral lease map Surface egmm hSurety 10 Carat. Latitude: WELL LOCATION INFORMATION SESE Sec: 12 Twp: 2N Rng: 85W Meridian: 6th. PM 40.14849' Longitude: 104 80681° teens. Footage At Su'fece: 1064' FSL 1028' 11. Hard Name: Wettenberg 12, Ground Eteretbn: 4889' 13 County: 14, 00S Date: Data of Measurement 04/02/2008 PDOP Reeding: FEL Field Number Weld 90750 30 Day notice letter Deviated DrOkng Plan Excepton Locatdn Request Exception Loc Waivers H2S Contingency Plan Federal Drift Permit <6 Irlstrarrer Operators Name: R. David Rux 15 If eel te: I I Directional n Horizontal (highly deviated), submit deviated drilling plan. natal ,prim Footage At Top of Prod Zone: 1980' 1980' 1 IFELIA: Bottom Hole: Bottorlhcle Sec Twp Rig F NUFSL FSLf 1980' NWSE Sec 12 T2N R65W 1980' 1 MYR I FEL 15. Is location Ina high density area (Rule 603b)7 O Yes l ! No 17. Distance to the nearest bulid sg, public road, above ground utility or railroad: 1064' 16. Dbtence to Nearest Property Line: 780' 19. Data ee b nee'sa sea permitedmenprreo v ss owns to•manon 23. t)21' gii Ob}ecdve Formelon(s) Formation Code Spedng Order Number (s) Unit Acreage Assigned to Wei mnn Ccnflguretlon (N/2, SE'4, etc.) 1 Niobrara - Codell NB -CD 407 80 W/2SEJ4 J Sand JSND 232 32D 3/2 21, Mineral Ownerahlp: X 22. Surface Ownerahlp X 23. Is the Surface Owner also Me 23e.1123 le Yes' Is me Surface 23b P23 ie No: asurface 24. Using standard ObQS. Sec, Twp. Fee Fee Mineral Owner Oener(a) Owners Rng formal El Slate ME State Federal Federal Indian Lease it -'radian Surface Surety IDS 20010125 signature on Agreement Attached alter entire Yes X No the lease Yes MS No or X 25.000 Blanket Surfeoe Bond $2,000 Surface upon wraith this proposed wekslle a locetec (attach See attached lease Bond El $5,000 Surface Bond mineral lease description separate sheet/ow if you prefer): 25 Distance to Neareel Anent' Leese Line: 615' 26. Total Acres in Lease: 280 27 Is 1125 an6dpeted7 28. Wel salt sections 29. WI salt ('15.000 30. If wallops 27 31. OAdisposal: Method. NOTE: The use of III Yea © Nn If Yea, attach con ency plan. No No No If 2B, 29 or 30 are "Yes" a pit permit may be required, be encountered doing ppm TDS CI) or or 28 are yes, b Mbbcatbn 31 Ofbke Land Farming. en earthen ptl for Recompilation drBLng7 MI Yes X oil based muds be used during drilling, in a sensitive a.ea (Rule 903), O Orate Yes X Yes X Disposal Faculty ff alas daing, notify n Land Spreading MI Other. au requires a pig perm (Rub 905b) local fire officals String Size of Hob Size of Casing Weight Per Foot Setting Depth 1 Sacks Cement Cement Bottom Cement Top Surface 12.1/4" 8.5/8" 4 24# 850' 595 850' Surface Production 7-7/8" 4-1/2" r 11.8# 7917' 200 7917 Liner NA 32. BOP Equipment 33. Comment Stage Tool Type: © AnnuterPreventor MI Doubts Rem © Rotating Head = None No conductor casing will be used 74. Initial Rule 306 Consultation took has been waived or If good faith PERMIT SUBMITTED TO COGCC I hereby certify that a complete to the beet of my kno'Med Signed: piece on (date) 02/20(2008 was waived cr is not required. Provide supporting documentation Ifoonsultation 308 CONSULTATION SHALL BE RETURNED UNAPPROVED. Local Oevemment Designee(s), and all statements made in the form are, Print N me: CHERYL LIGHT effort did not result in consultation PRIOR TO COMPLIANCE WITH RULE permit package hes been sent to Ins epplicabtre rreot, nd mpl e. C 1 I Title: REGULATORY LYST I Date: 4 sl"I.Q ItEmail: Based on tie information ardy d herei t}11g Apdica emlit-to-Dr/l' compiles with CCGCC Rules and appurab'e orders and is hereby aoprovec. COGCC Approved: fA1'/Ct.r/G+// {�y(. ��y!/7 API NUM9SR 06- /a3_a-Sig cr.) / 402 Director of COGCC Dale a/ 7 /dos'$ Pernik Number: 2 R RLa 1 1 CONDITIONS AP P n0 F3 NY: Expiration Date 1) Provide 24 hour notice of MIRU to Ed 6inkley at 970-506-9834 or e-mail at ed.binkley@state.co.us 2) Comply with Rule 317.i and provide cement coverage from TD to a minimum of 200' above Niobrara, Verify coverage with cement bond log. 3) Comply with Rule 321. Run and submit Directional Survey from TD to base of surface casing. Ensure that die wellbore complies with setback requirements in commission orders or rules prior to producing the well. REVISIONS INITIAL GATE p NW SEC. 12 2 Y2" ALUM. CAP LS 19585 SW SEC. 12 2" ALUM. CAP LS 25937 WELL LOCATION CERTIFICATE SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST, 6TH P.M. S 88'23'33" E 514146' NOTES: THIS IS A DIRECTIONAL WELL. BOTTOM HOLE LOCATION TO BEAT 1980' F$L, 1980' FEL. BOTTOM HOLE LOCATION PROVIDED BY C IENT. LAND SURFACE USE -PASTURE FIELD. TWINNING PROPOSED WELL PIONEER 23.1 16' TO THE SOUTHWEST. PROPOSED WELL PIONEER 23-12 TO BEAT! 1049' FSL, 1034'FEL. EXISTING WELL HARKIS POOLING UNIT 2 IS 77' TO THE SOUTHEAST. TANK ENCLOSURE IS AT 154' TO THE SOUTHEAST. SEPARATOR ENCLOSURE IS AT 157' TO TH SOUTHEAST, FENCE IS AT 116TO THE NORTHEAST. NO OTHER VISIBLE IMPROVEMENTS WITHI 200'. SURFACE LOCATION GROUND ELEVATION= 4889' LAT/LONG.= 40.14849° 104.60661° SY SEC. 12 2" ALUM. CAP LS 25937 N 89'36'44" W 2595.62' BH- 1980' F&. 1980' FEL a s. PIONEER 23-12-- 0 0 NE SEC. 12 33/4" ALUM. CAP LS 13155 ZLZL9Z 3 „l£.0£.00 S E Y4 SEC. 12 - - 'P 3 Y4" ALUM. CAP LS 23520 1028' HARKIS POOLING UNIT 2 N 89'36'54" W 2595.16' I HEREBY STATE TO KERR-MCGEE OIL & GAS ONSHORE LP THAT THIS WELL LOCATION CERTIFICATE INDICATES THE WELL PIONEER 10-12 TO BE LOCATED 1064' FSL AND 1028' FEL, SEC. 12, T2N, R65W 6th P.M. ,96'ZL9Z- 3 „L£,0£.00 S R. DAVID RUX, PLS 37045 PETROLEUM FIELD SERVICES, LLC THIS IS NOT A MONUMENTED BOUNDARY SURVEY, IT IS ONLY A DRAWING INTENDED TO DEPICT THE WELL LOCATION TO SECTION LINES PREPARED BY: PFS _ Petroleum Field Services, LLC 1801 W. 13th Ave. Denver, CO 80204 LEGEND = FOUND MONUMENT • = PROPOSED WELL SE SEC. 12 3 Y4" ALUM. CAP LS 10855 • = EXISTING WELL N OR T1H 6 ♦ = BOTTOM HOLE BASIS OF BEARINGS AS SHOWN ABOVE SCALE: 1"=1000' GROUND ELEVATION SHOWN IS APPROXIMATE AND IS BASED ON AN OBSERVED GPS ELEVATION (NAVD 1988 DATUM) LAT. & LONG. SHOWN ARE BASED ON AN OBSERVED GPS OBSERVATION (NAD 1983/92) WITH A PDOP VALUE OF LESS THAN SIX (6) ALL DISTANCES ARE FIELD MEASURED UNLESS OTHERWISE NOTED DISTANCES TO WELL ARE SHOWN PERPENDICULAR TO SECTION LINES FIELD DATE: WELL NAME: 04-02-08 I PIONEER 10-12 DRAWING DATE; SURFACE LOCATION: 04-03-08 WELD COUNTY, COLORADO BY: SE 1/4 SE 1/4, SEC. 12, T2N, R65VV LB • • • • 23 1 A'DELORME • L't! ) Of� pia \.io ® 2002 DeLorme. 3-D rood:oads O. Data copyright of content owner. Www.delorme.con, F §959 (4,1, �= /-)\-) • I(\11 Scale 1 : 25.000 1^.. 2080 ft • FORM 2A Rev State of Colorado Oil and Gas conservation commission DEPARTMENT OF NATURAL RESOURCES DRILL SITE/ACCESS RECLAMATION FORM This form shall be submitted in duplicate with the application for permit -to -drill (OGCC Form 2) unless a Federal 13 point surface plan is included. Also required are a minimum of two photographs (site and access road). Soil and plant community information from United States Natural Resources Conservation Services (USNRCS). FOR OGCC USE ONLY ET I SE Complete the 1. OGCC Operator Number: 47120 4. Contact Name & Phone Attachment Checklist oc 2. Name of Operator: Kerr-McGee Oil and Gas Onshore LP Cheryl Light Oper 3. Address: PO Box 173779 No: 720-929-6461 Drill site and access photographs City: Denver State: CO Zip: 80217-3779 Fax: 720-929-7461 COG Section 404 documentation 5. Well Name & Number: Pioneer 10-12 6. County: Weld 7. Location (QtrQtr, Sec, Twp, Rng, Meridian): SESE Sec. 12 T2N-R65W 6TH PM. Pre -Drilling Information Current Land Use 8. Crop Land: Irrigated X Dry Land Improved Pasture I I Hay Meadow I I CRP 9. Non -crop land: Rangeland Timber Recreational I I Other (describe) 10. Subdivided: Industrial Commercial Residential Attach color photographs of drill site and access road; Identify each photo by date, well name and location. Soils 11. Soil map units from USNRCS survey: Sheet No: NRCS Soil Report Soil Complex/Series No: 70 Soils Series name: Valent Sand Horizon thickness (in inches): A: 0-8" B: NA C: 8-60" oils Series name: Horizon thickness (in inches): A: B: C: Plant Community Complete only if operations to be conducted u on non crop land 12. Plant species from: I i USNRCS or I I Field Observation Date of Observation: List individual species: 13. Check one predominant plant community for the drill site: Disturbed Grassland (Cactus, Yucca, Cheatgrass, Rye, Thistle) Grassland (Bluestem, Grama, Wheatgrass, Buffalograss, Fescue, Oatgrass, Brome) Shrub and Brush Land (Mahogany, Oak, Sage, Serviceberry, Chokecherry) Plains and Deciduous Riparian (Cottonwood, Willow, Aspen, Maple, Poplar, Russian Olive, Tamarjek) Mountain Conifer Riparian (Spruce, Fir, Ponderosa, Pine) Aquatic (Bulrush, Sedges, Cattail, Arrowhead) Tundra (Alpine, Willow, Currant, Raspberry) Other (describe): 14. Was an Army Corps of Engineers Section 404 Permit filed? I Yes I x I No If yes, attach appropriate documentation. Comments, if any: I hereby certify that I, or persons under my direct supervision, have inspected the proposed drill site and access road; that I am familiar with the conditions which presently exist, that the statements made in this form are, to the best of my knowledge, true, correct, and complete. Print Name ilk Cheryl Light d Title: Regulatory Analyst II Date: KERR-MCGEE GATHERING LLC 1099 18" STREET • DENVER, COLORADO 80202 720-929-8000 �1J KerrNtGee April 16, 2008 HP FARMS HOLDING LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 Re: Notice of Intent to Conduct Surface Operations PIONEER WELLS - SEE ATTACHMENT Township 02N, Range 65W Section 12 Weld County, Colorado Gentlemen: The Colorado Oil and Gas Conservation Commission ("COGCC") has adopted guidelines and procedures regarding oil and gas activities affecting the surface. These rules stipulate that an affected surface owner must be given notice in writing by an operator at least thirty (30) days prior to drilling an oil and gas well. Kerr-McGee Oil and Gas OnShore LP ("KMG") intends to begin operations to drill the above captioned oil and gas well(s) upon approval of title, receipt of permits from the COGCC prior to November 30, 2008. As the surface owner, it is your responsibility to notify the tenant fanner, if applicable, of this proposed operation. The COGCC's brochure for surface owners containing the rules pertaining to notice of oil and gas operations, reclamation and opportunities for consultation thereon, as well as, the rules of procedure for filing complaints and making applications for hearings is enclosed. Should you have any questions and/or concerns, please contact me at (303) 655-4350 or my cell at (970) 590-6249. Very truly yours, KERR-MCGEE OIL AND GAS ONSHORE LP David Bell Landman I/vve waive the 30 day notice referenced above and approve of the operations commencing upon KMG's receipt of the drilling permit. :el Enclosures A SUBSIDIARY OP ANADARKO PETROLEUM CORPORATION • • PIONEER 12-12 NW/4SW/4 PIONEER 13-12 SW/4SW/4 PIONEER 33-12 Center W Line of SW/4 PIONEER 34-12 SW Corner PIONEER 35-12 Center S Line of SW/4 PIONEER 10-12 NW/4SE/4 PIONEER 15-12 SW/4SE/4 PIONEER 16-12 SE/4SE/4 PIONEER 23-12 Center S/2 PIONEER 37.12 Center S' Line of Section PIONEER 9-12 NE/4SE/4 PIONEER 11-12 NW/4SW/4 PIONEER 22-12 Center W/2 PIONEER 24-12 Center E/2 PIONEER 25-12 Center of Section PIONEER 7-12 NW/4SW/4 • • • Location West SESE Section 12 -2N -65W 04/03/08 Pioneer 10-12 • Access South Pioneer 10-12 • FORra 2 Roy 12A0d Elate of Colorado Oil and Gas Conservation Commission 1120 LiMNn Street Sett V, Denier. Colorado SC2O1 Phase (m3)80-2100 FY:(303189s.2' D9 APPLICATION FOR PERMIT TO: 1. © Dd9, n Deepen, a Re-enter, n Reoompbte end Operate 2. TYPE OF WELL Refk p GILD GAS X COALBED❑ OTHER: Sidetrack SINGLE ZONE MULTIPLE ZONES X COMMINGLE ZONES JUN 3 0 2908 3. Name of Operator Kerr-McGee 01 and Gm Onshore LP 5. Address: P. 0. Box 173779 City Denver State: CO Zip: 8O217-3779 6. Conte= Name: Cheryl Light 7 Well Nerne PIONEER Wed Number: 15-12 B. Unit Name N app!). 9. Proposed Total Measured Depth: 4. COGCC OperlMcr Number. 47120 C.npMee» Att :ane l Ceaaur OP CDnCC Phone: 720-929-8461 Fax: 720-929-7461 7841' Unit Number. APO Ong 61 Copy Fotm 2A Well location plat To_10 map Mlnerel lease map Sudace egrbSurety WELL LOCATION INFORMATION 10. OtrDb- SESE Sec: 12 Twp: 2N Rng: 65W Mendien: 6th. PM Lathude: 40.14841' Foot ge At Surface: 1'. Field Name: 12. Ground Elevation: 14. GPS Data 1034' �FSL Wettenberg Longitude: 104.60665' 1039 1 4889' 13 County: FEL Field Number: Weld 9O75O 30 Day notice letter Deviated DOSIng Plan Exception Location Request Exception Loc Waivers H2S Confngency Plan Federal Drilling Permit Data of Measurement O4/O2/2OO8 DOCP Reading: <6 Instrument Operators Name R. David Rux 15 If well Is: ❑X Directional 0 Horizontal (highly deviated), submit desisted dreling plea. Bottomhole Sec Twp Rng: SWSE Sec 12 T2N R65W rrasrrl Freasl Footage At Top of Prod Zone: I 680' rreaat EFSL 1980' I FELIAt Bottom Hole: 660' 16. is location in a high density arse (Rule 603b)? Yee n No 17. Distance to the nearest beading, public road, above ground 'lily or railroad: 1034' 18. Distance to Nearest Property Una: 77O' 19. deems b reete t eel eem*teetaorsoleeed n Pe some toeneeen. 20. 1980' rF11rWL FEL 192' 97 r` 0bleebee Formabon(a) ra ma'Jon Code Spacing Order Number (s) Unit Aueege Assigned to Well Unit Conrguratlal (Nf2, SE14 etc.) Niobrara - Codell NB -CD 407 80 W/2SE/4 .1 Sand JSND 232 320 5/2 r 21. Mineral Ownership: © © 22. Surface Ownership Fee Ille State Fee III State Federal Federal Wien Lease e laden Surface Surety tOa 20010125 23. Is the Solace Owner also Pie 23e. If 23 b Yes la the Surface 23b. 8 o 23 la No: 9urfaee '24 Uskg standard DSOS, Sec, Twp, Mineral Owrer7 Ovnegs) signature on Omen Agreement Attached Rng format enter mire Yee X No the base? Yes = No or X 25,000 Blanket upon which See attached Surface Bond I♦ $2.000 Surface Bond ❑55,000 Surface Bond mineral lease description tide proposed wedslte Is located (attach separate sheebmap If you preler)• bees 25. Distance to Meares' Were Lease tine: 815' 26. Total Acres in Leese 260 DRILLING PLA 27, Is H2S anticipated? 28. Will eat sections 29. Wit sett (>15,000 30. If questions 27 31. Mud disposal: Method: NOTE: The use of MI Yee EX No :I Yee, enrich con enq PX plan. -- -_ ' No - ---- No No H 2e, 29 or 30 are "Yes" a phi permit may be required. be encountered doing ppm IDS CI) or or 28 are yea, a this drerg? Yea oil based muds be used during *Sling? location in a sensitive ores (Ru a 9O31n ule 905b.) I Yes X J'1 vas X Li Ofbte I♦ Land Farming El Crete Disposal Fear!), If singes dnikng, notify j X j Land Spread,ng de requires a pd permit IIII Other: an earthen pit torRecompbeon bre( fire officials String Size of Hole Size of Cesklg I weight Per Foot 1 Setting Depth ' Sacks Cement Cement Bottom Cement Top Surface 12.114" 8.5/8" 24# 850' 595 850' • Surface Production 7-7/8'' 4-1/2" 11.8# 7841' 200 7841' Liner NA Stage Tool i 32. SOP Equlomant 33. Comments Type: RA Annular Preventor I. Double Ram No conductor IN Rotating Head MI None casing will be used 34. Initial Ruts 3O6 Consuhaeon took Nsa been waived or If good faith PERMIT SUBMITTED 70 COGCC I hereby certify that a coin to the best of my kn. -..e, Signed: place on (date) O2/2O/2OO8 ,was waived, or Is not required. Provide supporting documentation if consutadon RULE 3O6 CONSULTATION SHALL BE RETURNED UNAPPROVED. applicable Local Government Designeeis), and au statements made In his form ere, Pont ame CHEavL LIGHT effort did not resat in consultation. PRIOR TO COMPLIANCE WITH permit package has been sent to the , correct a oom eta ( au I Title: REGULATORY NALYS IT I Dater ` 3 -0 Email Based on the Information Dr h ete on Permit-to-Drlll complies with COGCC Rules erd app Insole orders and is hereby approved COGCC Approved: /v\ /Q 1GG+ Cr{ IIAA�� tCe Directoor of COGCC Date / 3 i 9 ,� Pe tot Number. 2 0 'B 4 31 7 Expiration Date: 9 /�/ CONDfTIO OF APPROVAL, IF ANY: API NUMBER 05- /a3 - -'m 1) Provide 24 hour notice of MIRU to Ed Binkley at 970-506-9834 or e-mail at ed.binkley@state,co.us 2) Comply with Rule 317.i and provide cement coverage from TO to a minimum of 200' above Niobrara. Verify coverage with cement bond log. 3) Comply with Rule 321, Run and submit Directional Survey from TD to base of surface casing. Ensure that the wellbore complies with setback requirements h commission orders or rules prior to producing the well. NW SEC. 12 2Y"ALUM. CAP LS 19585 SW SEC. 12 2" ALUM. CAP LS 25937 WELL LOCATION CERTIFICATE SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST, 6TH P.M. s 88'23'33" E 5141.46' NOTES: THIS IS A DIRECTIONAL WELL. BOTTOM HOLE LOCATION TO BE AT 660',FSL, 1980' FEL. BOTTOM HOLE LOCATION PROVIDED BYICLIENT. LAND SURFACE USE -PASTURE FIELD. TWINNING PROPOSED WELL PIONEER 31-12 16' TO THE SOUTHWEST. PROPOSED WELL PIONEER 37-12 TO BE AT 1018' FSL, 1044'FEL. EXISTING WELL HARKIS POOLING UNIT IS 56' TO THE SOUTHEAST. TANK ENCLOSURE IS AT 151' TO THE SO THEAST. SEPARATOR ENCLOSURE IS AT 163' TO HE SOUTHEAST. FENCE IS AT 148' TO THE NORTHEAST. NO OTHER VISIBLE IMPROVEMENTS WITHIN 200'. SURFACE LOCATION GROUND ELEVATION= 4889' LAT/LONG.= 40.14841° 104.60665° 12 NE SEC. 12 3 Y<" ALUM. CAP LS 13155 E Y4 SEC. 12 -43 Xi" ALUM. CAP LS 23520 BH- 60' FSL 1,80' FEL Olt S Y, SEC. 12 PIONEER 37-12 2" ALUM. CAP 1039' - HARKIS POOLING UNIT 2 rn LS 25937 SE SEC. 12 4 3 Y4" ALUM. CAP N 89'36'44" W 2595.62' N 89'3654" W 2595.16' V LS 10855 I HEREBY STATE TO KERR-McGEE OIL & GAS ONSHORE LP THAT THIS WELL LOCATION CERTIFICATE INDICATES THE WELL PIONEER 15-12 TO BE LOCATED 1034' FSL AND 1039' FEL, SEC. 12, T2N, R65W 6th P.M. R. DAVID RUX, PLS 37045 PETROLEUM FIELD SERVICES, LLC THIS IS NOT A MONUMENTED BOUNDARY SURVEY, IT IS ONLY A DRAWING INTENDED TO DEPICT THE WELL LOCATION TO SECTION LINES REVISIONS Ii PREPARED BY: INITIAL I DATE PFS Petroleum Field Services, LLC 1801 W. 13th Ave. Denver, CO 80204 FIELD DATE: 04-02-08 LEGEND •=FOUND MONUMENT • = PROPOSED WELL • = EXISTING WELL ♦ = BOTTOM HOLE BASIS OF BEARINGS AS SHOWN ABOVE NORTH 0 500 10I 0 SCALE: 1"=1000' GROUND ELEVATION SHOWN IS APPROXIMATE AND IS BASED ON AN OBSERVED GPS ELEVATION (NAVD 1988 DATUM) LAT. & LONG. SHOWN ARE BASED ON AN OBSERVED GPS OBSERVATDN (NAD 1983/92) WITH A PDOP VALUE OF LESS THAN SIX (6) ALL DISTANCES ARE FIELD MEASURED UNLESS OTHERWISE NOTED DISTANCES TO WELL ARE SHOWN PERPENDICULAR TO SECTION LINES DRAWING DATE 04-03-08 BY: LB WELL NAME: PIONEER 15-12 SURFACE LOCATION, WELD COUNTY, COLORADO SE 1/4 SE 1/4, SEC. 12, T2N, R65W • • ( 23 ELORME a 2002 DeLerma. 3-D TopoQuads ®. Data copyright of content owner. www.tlelorme_com Scale 1 : 25.000 1^ a 2080 ft jv `e iL0 mo ao ee mo 1,`'\1 L • • FORM 2A Rev 8/96 • State of Colorado Oil and Gas conservation commission DEPARTMENT OF NATURAL RESOURCES DRILL SITE/ACCESS RECLAMATION FORM This form shall be submitted in duplicate with the application for permit -to -drill (OGCC Form 2) unless a Federal 13 point surface plan is included. Also required are a minimum of two photographs (site and access road). Soil and plant community information from United States Natural Resources Conservation Services (USNRCS). FOR OGCC USE ONLY ET FE 1 J ISE Complete the 1. OGCC Operator Number: 47120 4. Contact Name & Phone Attachment Checklist OC 2. Name of Operator: Kerr-McGee Oil and Gas Onshore LP Cheryl Light Oper 3. Address: PO Box 173779 No: 720-929-6461 Drill site and access photographs City: Denver State: CO Zip: 80217-3779 Fax: 720-929-7461 COG Section 404 documentation 5. Well Name & Number: Pioneer 15-12 6. County: Weld 7. Location (QtrQtr, Sec, Twp, Rng, Meridian): SESE Sec. 12 T2N-R65W 6TH PM. Pre -Drilling Information Current Land Use 8. Crop Land: Irrigated X Dry Land Improved Pasture I I Hay Meadow I I CRP 9. Non -crop land: Rangeland Timber Recreational j I Other (describe) 10. Subdivided: Industrial Commercial Residential Attach color photographs of drill site and access road; Identify each photo by date, well name and location. Soils 11. Soil map units from USNRCS survey: Sheet No: NRCS Soil Report Soil Complex/Series No: 70 Soils Series name: Valent Sand Horizon thickness (in inches): A: 0.8" B: NA C: 8-60" •ils Series name: Horizon thickness (in inches): A: ; B: ; C: Plant Community Complete only if operations to be conducted u on non crop land 12. Plant species from: I I USNRCS or I I Field Observation Date of Observation: List individual species: 13. Check one predominant plant community for the drill site: Disturbed Grassland (Cactus, Yucca, Cheatgrass, Rye, Thistle) Grassland (Bluestem, Crania, Wheatgrass, Buffalograss, Fescue, Oatgrass, Brome) Shrub and Brush Land (Mahogany, Oak, Sage, Serviceberry, Chokecherry) Plains and Deciduous Riparian (Cottonwood, Willow, Aspen, Maple, Poplar, Russian Olive, Tamarjek) Mountain Conifer Riparian (Spruce, Fir, Ponderosa, Pine) Aquatic (Bulrush, Sedges, Cattail, Arrowhead) Tundra (Alpine, Willow, Currant, Raspberry) Other (describe): 14. Was an Army Corps of Engineers Section 404 Permit filed? i Yes I x I No If yes, attach appropriate documentation. Comments, if any: I hereby certify that I, or persons under my direct supervision, have inspected the proposed drill site and access road; that I am familiar with the conditions which presently exist, that the statements made in this form are, to the best of my knowledge, true, correct, and complete. Print Name Ilkd Cheryl Light Title: Regulatory Analyst II Date: • • KERR-MCGEE GATHERING LLC 1099 18Th STREET • DENVER, COLORADO 80202 720-929-8000 kg KerrftGee April 16, 2008 HP FARMS HOLDING LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 Re: Notice of Intent to Conduct Surface Operations PIONEER WELLS - SEE ATTACHMENT Township 02N, Range 65W Section 12 Weld County, Colorado Gentlemen: The Colorado Oil and Gas Conservation Commission ("COGCC") has adopted guidelines and procedures regarding oil and gas activities affecting the surface. These rules stipulate that an affected surface owner must be given notice in writing by an operator at least thirty (30) days prior to drilling an oil and gas well. Kerr-McGee Oil and Gas OnShore LP ("KMG") intends to begin operations to drill the above captioned oil and gas wells) upon approval of title, receipt of permits from the COGCC prior to November 30, 2008. As the surface owner, it is your responsibility to notify the tenant farmer, if applicable, of this proposed operation. The COGCC's brochure for surface owners containing the rules pertaining to notice of oil and gas operations, reclamation and opportunities for consultation thereon, as well as, the rules of picacdwe for filing complaints and making applications for hearings is enclosed. Should you have any questions and/or concerns, please contact me at (303) 655-4350 or my cell at (970) 590-6249., Very truly yours, KERR-MCGEE OIL AND GAS ONSHORE LP Nki 04{11 David Bell Landman I/we waive the 30 day notice referenced above and approve of the operations commencing upon KMG's receipt of the drilling permit. :el Enclosures • A SUBSIDIARY OP ANADARKO PETROLEUM CORPORATION • • • PIONEER 12-12 NW/4SW/4 PIONEER 13-12 SW/4SW/4 PIONEER 33-12 Center W Line of SW/4 PIONEER 34-12 SW Comer PIONEER 35-12 Center S Line of SW/4 PIONEER. 10-12 NW/4SE/4 PIONEER 15-12 SW/4SE/4 PIONEER 16-12 SE/4SE/4 PIONEER 23-12 Center S/2 PIONEER 37.12 Center S Line of Section PIONEER 9-12 NEI4SE/4 PIONEER 11-12 NW/4SW/4 PIONEER 22-12 Center W/2 PIONEER 24-12 Center E/2 PIONEER 25-12 Center of Section PIONEER 7-12 NW/4SW/4 • • • SESE Section 12 -2N -65W Pioneer 15-12 • Location West 04/03/08 Access South Pioneer 15-12 • FORM 2 ROW 12006 " tate of Colorado Oil and Gas Conservation Commission 112911kvM Street Subs e01, Denver, Cohndo 80203 Phone: f303)bN.210o Fez (303}894.2139 APPLICATION FOR PERMIT TO: 1. [X DAB, O Deepen, D Re-enter, n Recomplete and Operate 2. TYPE OF WELL OIL❑ GASR COALED� OTHER: SINGLE ZONE X MULTIPLE ZONES COMMINGLE ZONES Refling Sldetracx WI, �F"lQ/ i -- -- X uJ' J.e J� JUN 3 0 2008 Ak+CO e'J,:; 3. Nam. of °p.rarar Kerr-McGee Oft and Gas Onshore LP 4 COGCC Operator Number 5, Address: P 0 Box 173779 47120 ComrIals 0e Alec-nsa Cr c1dIot r' OP CCOCC APO Ong 81 Copy Form 2A City: Denver 6. Contact Name Cheryl Light 7. Wet Name PIONEER 8. Unit Name (if appq: State: CO Zip. 80217-3779 Phone: 720-929-8461 Fax 720-929-7461 9. Proposed Total Measured Depth 7354 Wellocation plat Tope crap Miners' lease map Well Number: 16.12 Lint Number Surface agml*Surety WELL LOCATION INFORMATION 10. Q1701r. SESE Sec 12 Twp: 2N Rng: 85W Meridian 8th PM Latitude: Footage At Surface 11. Field Name 12. Ground Elevation 40.14853' Longitude 1079' t4,r6 104.80659' FaawL 1023' FEL Wattenberg Field Number 4889' 13. County: Weld 30750 30 Day nonce letter Deviated Drilling Plan Exception Cacatlon Request Exception Loc Waivers H2S Contingency Plan Federal Drilling Permit 14. GPS Data: Date of Measurement 04/02/2008 PDOP Reading: <6 Instrument Operator's Name R. David Rux 15. If well h: n Dkedbnal fn HuAzonW (highly deviated), submit deviated dr9Eing plan. Botromhole Sec Twp Reg. Footage At Top of Prod Zane: 51C' sxse4 810' qunvL At Bottom Hole: 510' FIcFSL t 16. Is location In a Ngh density area (Rule 603b)? rn Yea n No 17 Distance to the nearest building, public road, above ground utility or railroad: 1079' 18. Distance to Nearest Property Line 785' 19. 041anoa to neaneul eel permlaedmompleed a IN sane formnon: SESE Sec 12 T2N R65W rant FEL 5T0' 678' 20. Obteorive Fomlation(s) Formation Code SpaCng Order N'umbe'rs) Unit Acreage Assigned to Wet Unit Con9guratbn (Nr2, SE/4, etc.) Niobrara ,• Codell NB -CO 407 80 El2SEl4 21. Mineral ownership ©State 22. Surface Ownership © Stale Fee State Federal Federal Indian Indian Yes Blanket upon which attached Lease If - Surface Surety IDS 20010125 23. Is the Surface Owner also the 23e. H 23 Is Yes: is the Surface Mineral Owner? Owne1(a) alpnature on Owners Agreement Attached Reg format enter entre Yee the lease? mined X No - IIII No eorc ES5,000 Surface Bond separate sheet/map it you prefer): 23 b. if 23 is No: Ill Surface or X 325,000 See Surface Bond M $2,000 Surface 24. Using standard Gear, Sec, Twp, lease description this proposed wellarte Is located (arach lease 25. Distance to Nearest NNnersl Lease Line. 510' 28 -oral Acres in _ease: 263 LEASE, SPACING AND POOLING INFORMATION DRILLING PLANS AND PROCEDURE 27 Is H2S anticipated? 28 W4 eaesecdors 29. 'WO see (>15900 30. II questions 27 31. Mud disposal: Method: NOTE: The use Man ❑ Yea [J No be encountered duke drilling? pom TDS CI) or olt based muds be used or 28 ere yes, is this locaeon In a sensitive N Yea, attach con�tirqe�ery Q Yes X pl an No No No If 28, 29 or 30 are "Yea" a pit permit may be required. during (Hlteg? area (Rule 903)1 Yes X _ Yen X © Oftala I♦ Land Farmklg is Ornaa adkry If alrtgas drtfling, notly X Land a Spreading MilDisposal MIN Other earthen pit for Recompietlon a p t permit (Rule 9050.) local Ire officals. String Sized Hots Slav of Casing Weight Per Foot Setting Depth Sacks Cement Cement Bosom Cement Top Surface 12-1/4' 8-5/8' 24* 850' 595 850' Surface Production 7-7/6" 4-1/2" 11.6* 7354' 200 7354' Liner NA 32. BOP Equlpmen: 33. Comments Annular Prevenmr Save Tod Type: © IMI Double Ram © Rotabng Head MI None No conductor casing will be used 34. InItal Rule 306 Conaultadon took het been waived or if good faith PERMIT SUBMITTED TO COOCC I hereby certify that a co lets to the best of my kn Signed dace on (date) effort did not result PRIOR TO COMPUANCE permit package has Ind co 1 02/20/2008 .wee waived, or is not required. Provide supporting documentation it consultation 306 CONSULTATION SHALL BE RETURNED UNAPPROVED. Local Government Designee(s), end all statements made ,n this form are. Print Name: CHERYL LIGHT in consultation. WITH RULE been sent to the aopllcable ter Title: REGULATOR ANALY � T II Date: (fi"- Email ch.M.11ohtgeenedarko port,_ Based on the Information pr COGCC Approved. • r hereiryi IA poticaben 'Parrott-to-DTll complies with COGCC Rules and applicable orders and Is hereby approved G GG+r/��Y111 A 1,419 Director of COGCC pale -r /3 / -5 Pewit Number: ` 0 0 8 4' 1.6 Expiration Oate: or 7:t /d4szeli CONDITION* OF APPRaVAL le A API NUMBER 05- /,•3 - ag/79- w 1) Provide 24 hour notice of MIRU to Ed Binkley at 970-506-9834 or e-mail at ed.binkley@state.co.us 2) Comply with Rule 317.i and provide cement coverage from TD to a minimum of 200' above Niobrara. Verify coverage with cement bond log. 3) Comply with Rule 321. Run and submit Directional Survey from TD to base of surface casing. Ensure that the wellbore complies with setback requirements in commission orders or rules prior to producing the well. WELL LOCATION CERTIFICATE SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST, 6TH P.M. NW SEC. 12 2 Y2" ALUM. CAP LS 19585 SW SEC. 12 2" ALUM. CAP LS 25937 a S 88'23'33" E 5141.46' NOTES: THIS IS A DIRECTIONAL WELL. BOTTOM HOLE LOCATION TO BE AT 510' F L, 510' FEL. BOTTOM HOLE LOCATION PROVIDED BY C),IENT. LAND SURFACE USE -PASTURE FIELD. TWINNING PROPOSED WELL PIONEER 10- 2 16' TO THE SOUTHWEST. PROPOSED WELL PIONEER 10-12 TO BE A 1064' FSL, 1028'FEL. EXISTING WELL HARKIS POOLING UNIT 21S 91' TO THE SOUTHEAST. TANK ENCLOSURE IS AT 158' TO THE SOUTHEAST. SEPARATOR ENCLOSURE IS AT 156' TO TI -E SOUTHEAST. FENCE IS AT 100' TO THE NORTHEAST. I NO OTHER VISIBLE IMPROVEMENTS WITHIN 200', 12 SURFACE LOCATION GROUND ELEVATION= 4889' LAT/LONG.= 40.14853° 104.60659° SYe SEC. 12 2" ALUM. CAP LS 25937 N 89'36'44" W 259 5.6 2 NE SEC. 12 3 Y4" ALUM, CAP LS 13155 EYe SEC. 12 --cr} 3 Ye" ALUM. CAP LS 23520 PIONEER 10-12 HARKIS POOLING UNIT 2 N 89'36'54" W 2595.16' N 0 0 w 0 m N CO LO s 1023' • 'S>: • o BH- 510' FSL SE SEC. 12 510' FEL 3Ye"ALUM. CAP LS 10855 I HEREBY STATE TO KERR-McGEE OIL & GAS ONSHORE LP THAT THIS WELL LOCATION CERTIFICATE INDICATES THE WELL PIONEER 16-12 TO BE LOCATED 1079' FSL AND 1023' FEL, SEC. 12, T2N, R65W 6th P.M. R. DAVID RUX, PLS 37045 PETROLEUM FIELD SERVICES, LLC THIS IS NOT A MONUMENTED BOUNDARY SURVEY, IT IS ONLY A DRAWING NTENDED TO DEPICT THE WELL LOCATION TO SECTION LINES REVISIONS INITIAL DATE • _ PREPARED BY: PFS Petroleum Field Services, LLC 1801 W. 13th Ave. Denver, CO 80204 LEGEND = FOUND MONUMENT • = PROPOSED WELL • = EXISTING WELL = BOTTOM HOLE BASIS OF BEARINGS AS SHOWN ABOVE NORTH 0 500 1006 SCALE: 1"=1000' GROUND ELEVATION SHOWN IS APPROXIMATE AND IS BASED ON AN OBSERVED GPS ELEVATION (NAVD 1988 DATUM) LAT. & LONG. SHOWN ARE BASED ON AN OBSERVED GPS OBSERVATION (NAD 1983/92) WITH A PDOP VALUE OF LESS THAN SIX (6) ALL DISTANCES ARE FIELD MEASURED UNLESS OTHERWISE NOTED DISTANCES TO WELL ARE SHOWN PERPENDICULAR TO SECTION LINES FIELD DATE: 04-02-08 WELL NAME: PIONEER 16-12 DRAWING DATE: 04-03-08 BY: LB SURFACE LOCATION: WELD COUNTY, COLORADO SE 1/4 SE 1/4, SEC. 12, T2N, R65W 3• --.1 9 �� \ \ \ C:N 4V // . �� 1 c eers /-? )` :� -. �,`,J Lj X4818 w 4818 �� , Z `\ aen %� l �l I � LAC -/ oZe/ •i l © ,l�a*id\' 7,1)) © �U L ill `� .. V \ `'w \,.. \ © 7 �2 -)l e,E ill 1 �`\<943 E + V ,(? d .9 a.. \ .P Q /i .. j 4e r± L l xm \, / (f QO, `/ �+ a� . 1� /Jay lyre' \I F (\ Y� ,;� ♦- %r © 0 © t. ,,t`0 /� � J A� C H -, 4 © � _ n�� ©-B rl , \, ,11 �:� �'J �"✓ ll� .- r� 1 `4860—/) ,pay ., 4848 ,r�\S 12 ,� 1 a l: N I,o �w �� l)''�, I((\J yraa� i . �,- (sue /) IONER'16yh , ) i '\ �V' f,> t V v 1) , o, ©,.,r,. {``7 �(\\� I / �`i�� Iii;.mac 14 �,or eaW �� ? �� 4994:v ✓ �4' ` ess //,1?tI 7 ick 4876 f 4875 ( r. �I� JJik I / ' �') e O i�' / `��VA , ,4963 s4, C 4 �n 1 6 '. 23 I A,''� `\. 2 J - j`�) Cl J - ' 4 ( \7-7 \.){ 7 459 1L �� i _L .,12,-_-... lis :, 9 x ar/ IA,,19,-, \ It ''" DELO RME scale 1 : 25.000 TN 1- . 2090 ft D ®. ® 2002 DeLorme. 3-Top000ads Data a „'• copyright of content owner. w ww.aelorme.com ' E o '°° a. _ V l FORM • • FOR OGCC USE ONLY 2A Rev 8/96 • _ State of Colorado Oil and Gas conservation commission DEPARTMENT OF NATURAL RESOURCES DRILL SITE/ACCESS RECLAMATION FORM This form shall be submitted in duplicate with the application for permit -to -drill (OGCC Form 2) unless a Federal 13 point surface plan is included. Also required are a minimum of two photographs (site and access road). Soil and plant community information from United States Natural Resources Conservation Services (USNRCS). ET I FE I U I ISE Complete the 1. OGCC Operator Number: 47120 4. Contact Name & Phone Attachment Checklist OG 2. Name of Operator: Kerr-McGee Oil and Gas Onshore LP Cheryl Light Oper 3. Address: PO Box 173779 No: 720-929-6461 Drill site and access photographs City: Denver State: CO Zip: 80217-3779 Fax: 720-929.7461 COG Section 404 documentation 5. Well Name Si Number: Pioneer 16-12 6. County: Weld 7. Location (QtrQtr, Sec, Twp, Rng, Meridian): SESE Sec. 12 T2N-R65W 6TH PM. Pre -Drilling Information Current Land Use 8. Crop Land: Irrigated X Dry Land Improved Pasture I I Hay Meadow I I CRP 9. Non -crop land: Rangeland Timber Recreational I I Other (describe) 10. Subdivided: Industrial Commercial Residential * Attach color photographs of drill site and access road; Identify each photo by date, well name and location. Soils 11. Soil map units from USNRCS survey: Sheet No: NRCS Soil Report Soil Complex/Series No: 70 Soils Series name: Valent Sand Horizon thickness (in inches): A: 0-8" ; B: NA C: 8-60" ails Series name: Horizon thickness (in inches): A: ; B: ; c: Plant Community * Complete only if operations to be conducted upon non -crop land 12. Plant species from: I I USNRCS or I Field Observation Date of Observation: List individual species: 13. Check one predominant plant community for the drill site: Disturbed Grassland (Cactus, Yucca, Cheatgrass, Rye, Thistle) Grassland (Bluestem, Grama, Wheatgrass, Buffalograss, Fescue, Oatgrass, Brome) Shrub and Brush Land (Mahogany, Oak, Sage, Serviceberry, Chokecherry) Plains and Deciduous Riparian (Cottonwood, Willow, Aspen, Maple, Poplar, Russian Olive, Tamarjek) Mountain Conifer Riparian (Spruce, Fir, Ponderosa, Pine) Aquatic (Bulrush, Sedges, Cattail, Arrowhead) Tundra (Alpine, Willow, Currant, Raspberry) Other (describe): 14. Was an Army Corps of Engineers Section 404 Permit filed? I I Yes I x I No If yes, attach appropriate documentation. Comments, if any: I hereby certify that I, or persons under my direct supervision, have inspected the proposed drill site and access road; that I am familiar with the conditions which presently exist, that the statements made in this form are, to the best of my knowledge, true, correct, and complete. Print Name �ed Cheryl Light Title: Regulatory Analyst II Date: KERR-MCGEE GATHERING LLC 1099 18Th STREET DENVER, COLORADO 80202 720-9294000 k'i KerrII/Wee April 16, 2008 HP FARMS HOLDING LW 4643 S ULSTER ST STE 1300 DENVER, CO 80237 Re: Notice of Intent to Conduct Surface Operations PIONEER WELLS — SEE ATTACHMENT Township 02N, Range 65W Section 12 Weld County, Colorado Gentlemen: The Colorado Oil and Gas Conservation Commission ("COGCC") has adopted guidelines and procedures regarding oil and gas activities affecting the surface. These rules stipulate that an affected surface owner must be given notice in writing by an operator at least thirty (30) days prior to drilling an oil and gas well. Kw -McGee Oil and Gas Onshore LP ("KMG") intends to begin operations to drill the above captioned oil and gas well(s) upon approval of title, receipt of permits from the COGCC prior to November 30, 2008. As the surface owner, it is your responsibility to notify the tenant farmer, if applicable, of this proposed operation. The COGCC's brochure for surface owners containing the rules pertaining to notice of oil and gas operations, reclamation and opportunities for consultation thereon, as well as, the rules of procedure for filing complaints and making applications for hearings is enclosed. Should you have any questions and/or concerns, please contact me at (303) 655.4350 or my cell at (970) 590-6249. Very truly yours, KERR-MCGEE OIL AND GAS ONSHORE LP icNiu61 ()Jai David Bell Landman I/we waive the 30 day notice referenced above and approve of the operations commencing upon KMG's receipt of the drilling permit. :el Enclosures A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION • • • PIONEER 12-12 NW/4SW/4 PIONEER 13-12 SW/4SW/4 PIONEER 33-12 Center W Line of SW/4 PIONEER 34-12 SW Comer PIONEER 35-12 Center S Line of SW/4 PIONEER 10-12 NW/4SE/4 PIONEER 15-12 SW/4SE/4 PIONEER 16-12 SE✓4SE/4 PIONEER 23-12 Center 8/2 PIONEER 37-12 Center S'Line of Section PIONEER 9-12 NE/4SE/4 PIONEER 11-12 NW/4SW/4 PIONEER 22-12 Center W/2 PIONEER 24-12 Center E/2 PIONEER 25-12 Center of Section PIONEER 7-12 NW/4SW/4 • • 1 FORM of Colorado 2e Rw UM Oil and Gas Conservation Commission '+ig 1120 LFcdn sine, suss eat, Demar, Coronado 00203 Mont (30S)M42100 Fer:(30301-2109 'JUN 3 0 2008 APPUCATION FOR PERMIT TO: L'M' �, 1. QX Dr., Deepen, Re-enter, l= Recomptete and Operate COGCC 2. TYPE OF WELLL OIL GAS I pi COALBEDD OTHER: Reefing Sidetrack IMPlugging III Bond Surety IDC 20010124 SINGLE ZONE X MULTIPLE ZONES COMMINGLE ZONES) Complete the 3. Name or Operator Kerr.M0Gee OA and Gas Onshore LP 4. COGCC Operator Number. 47120 Allecr,mani Chsailsl OP C0GCC 5. Address: P. O. Box 173779 APO Orig 81 Copy City: Denver State: CO Zip: 80217-3179 Form 2A 6. Contact Name: Cheryl Light Phone: 720.929-8461 Fax: 720-929-7461 Well bcabon plat 7. Well Name: PIONEER Well Number: 23-12 Topo map 8. Un8 Name (If appf): Unit Number. Mineral lease map 9. Proposed Total Measured Depth: 7532' Surface myna/Surety WELL LOCATION INFORMATION 30 Day notice letter 10. GeOtr. SESE Sec: 12 Tv/p: 2N Rrg: 65W Meridian: 6th. PM Deviated Drilling Plan Latitude: 40.14845" Longitude: 104.60663' Exception Location MGR MAYA Request Footage At Surface: 1049' FSL 1034' FEL Exception Loc Waivers 11. Field Name' Wattenberg Field Number 90750 H2S Contingency Plan t2. Ground Elevation: 4889' 13. County: Weld Federal Dulling Penult 14. GPS Data: Date of Measurement 04/02/2008 POOP Reading: <6 Instrument Operator's Name: R. David Rux 15. If well b: i© Directional NII Horizontal (Nighty deviated), submit deviated drilling plan. Boltomhole Sec Twp Rng: SWSE Sec 12 T2N R85W iNlFel ifLFML naF9l FEUfWL Footage At Top of Prod Zone: [ 1295' i® 2490' ® At Bottom Hole: l_ 1295' I! 2490' I FEL- 16. ts bcedon In a hlgh density area (Rule 603b)? 17. Distance to the nearest building, public road, above IIN ground Yes Willy or Itt© railroad: No 1049' 18. Distance to Nearest Property Line: 775' 19. Diadems to newest well permItloabompleed in he tome he relion. f j64' $/V Objective Fomtation(s) Formation Code Sparing Order Number (s) Unit Acreage Assigned to Well Unit Configuration (N/2, SEl4, etc.) Niobrara - Codell NB -CD 407 160 E/2SW/4, VW2SE/4 21. MInerd Ownership: © 22 Surlea Owrwship: © Fee BState Fee State IIN Federal Federal Indian Leese # Indian Surface Surety ID# 20010125 23. le the Surface Owner eke the 23a1123 Is Yea: Is the Surface 23b. H 23 is No: [JSurface 24. Usbg standard ObOb, Sec, Tap, faecal Owner? Owners) signature on Owners Agreement Attached Rng fomlet enter entire Yea X No the lease? Yes IIIII No or X t. ,000 Blanket Surface Bond EDS2,000 Surface upon which the proposed wells/e is located (attach Sae attached lease Bond IIIN 85,000 Surface Bond mineral lease description separate sheetfmap if you prefer): 25. Distance to Nearaft Mineral Lease Lkle: 106' 26. Total Aries In Leese: 260 27. le H2S anticipated? 28. Wa salt sections 29. WIN alt (>15,000 30. If questions 27 31. Mud disposal: Method: NOTE: The use of III Yet © No attachency plan. No No No If 28, 29 or 30 are "Yes" a pit petalt a Other may be required be encountered doing drnrg? ppm TDS CO or oil bead made be used or 28 are ye, isthis iocalon in a sensitive 0, Yes X during dung? wee (Rule 903)? Spreading goDMpoal a pt pemrll (Rule Yes X Yes CX © O&M IIII Land Farming IIII Orbits Facility 5b.) If elrlgas drilling, notify Lend u requires an earthen pit for Reoompletion local ere cease String Sloe of Hole Size of Casing Weight Per Foot Selling Depot Sacks Cement Cement Bottom Cement Top Surface 12-1/4" 8.518" 244 850' 595 850' Surface Production 7-7/8" 4-1/2" 11.8# 7532' 200 7532' Liner NA , 32. BOP Equipment 33. Comments Annular Preventor Stage Tool IN None Type: © m Double Ram Q Rotating Heed No conductor casing will be used 34. Initial Rule 306 Consultation took piece on (date) hes been waived or if good faith effort did not result PERMIT SUBMITTED TO COGCC PRIOR TO COMPLIANCE I hereby certify theta eon •. ate permit package has to the best of my knows . , old co Signed: �. 61., 202-20-08 ,was waived, or Is not required. Provide supporting documentation If consultation 306 CONSULTATION SHALL BE RETURNED UNAPPROVED. Local Government Designee(s), and all statements made in this form are, Print Napse: CHERYL LIGHT In consultation. WITH RULE been sent to the applicable h Title: REGULATOR 'r NALYS II Date: (0 '11 Y{ Email: dretvl.uohteanadarko.corn &seed on the information heree t ApWgtion jar Penult -to -Dull complies with COGCC Rules and applicable orders and Is hereby approved. r/lo�Gi.ar Director of COGCCExpiration Date: Dale. 4 / /aqal COGCC Approved: API RUMOR 06- /-t3 - .21/ a -c Permit Number. 20 O4 31 5 CONDITIONS OF APPROVAL, IF ANY: 9 /a/ 1) Provide 24 hour notice of MIRU to Ed Binkley at 97O5O6-9834 or e-mail at ed.binkley©state.co.us 2) Comply with Rule 317.i and provide cement coverage from ID to a minimum of 200' above Niobrara. Verify coverage with cement bond log. 3) Comply with Rule 321. Run and submit Directional Survey from TD to base of surface casing. Ensure that the wellbore complies with setback requirements in commission orders or rules prior to producing the well. WELL LOCATION CERTIFICATE NW SEC. 12 2 Y2" ALUM. CAP LS 19585 SW SEC. 12 2" ALUM. CAP LS 25937 VP SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST, 6TH P.M. S 88'23'33" E 5141.46' NOTES: THIS IS A DIRECTIONAL WELL. BOTTOM HOLE LOCATION TO BE AT 1295' 1FSL, 2490' FEL. BOTTOM HOLE LOCATION PROVIDED BY CLIENT. LAND SURFACE USE -PASTURE FIELD. TWINNING PROPOSED WELL PIONEER 15412 16' TO THE SOUTHWEST. PROPOSED WELL PIONEER 15-12 TO BE AT -1034' FSL, 1039'FEL. EXISTING WELL HARKIS POOLING UNIT 2 IS 65' TO THE SOUTHEAST. TANK ENCLOSURE IS AT 152' TO THE SOUTHEAST. SEPARATOR ENCLOSURE IS AT 159' TO T*E SOUTHEAST. FENCE IS AT 132' TO THE NORTHEAST. NO OTHER VISIBLE IMPROVEMENTS WIT* 200'. 12 SURFACE LOCATION GROUND ELEVATION= 4889' LAT/LONG.= 40.14845° 104.60663° BH- 1295' FSL 2490' FEL S Y4 SEC. 12 2" ALUM. CAP LS 25937 N 89'36'44" W 2595.62' N7frvi '480.90 PIONEER 15-12 1034' ® NE SEC. 12 3 Y4' ALUM. CAP LS 13155 EY, SEC. 12 -41,-3 Y4" ALUM. CAP LS 23520 HARKIS POOLING UNIT 2 N 89'36'54 W 2595.16 Co u NJ it, rn SE SEC. 12 3 1/4" ALUM. CAP 41, LS 10855 I HEREBY STATE TO KERR-McGEE OIL & GAS ONSHORE LP THAT THIS WELL LOCATION CERTIFICATE INDICATES THE WELL PIONEER 23-12 TO BE LOCATED 1049' FSL AND 1034' FEL, SEC. 12, T2N, R65W 6th P.M. R. DAVID RUX, PLS 37045 PETROLEUM FIELD SERVICES, LLC THIS IS NOT A MONUMENTED BOUNDARY SURVEY IT IS ONLY A DRAWING INTENDED TO DEPICT THE WELL LOCATION TO SECTION LINES REVISIONS INITIAL DATE PREPARED BY: PFS Petroleum Field Services, LLC • 1801 W. 13th Ave. Denver, CO 80204 Ilc LEGEND = FOUND MONUMENT • = PROPOSED WELL • = EXISTING WELL ♦ = BOTTOM HOLE BASIS OF BEARINGS AS SHOWN ABOVE NORTH F i 0 S00 ^OC}, SCALE: 1"=1000' GROUND ELEVATION SHOWN IS APPROXIMATE AND IS BASED ON AN OBSERVED GPS ELEVATION (NAVD 1988 DATUM) LAT. & LONG. SHOWN ARE BASED ON AN OBSERVED GPS OBSERVATION (NAD 1983/92) WITH A PDOP VALUE OF LESS THAN SIX (6) ALL DISTANCES ARE FIELD MEASURED UNLESS OTHERWISE NOTED DISTANCES TO WELL ARE SHOWN PERPENDICULAR TO SECTION LINES FIELD DATE: 04-02-08 WELL NAME: PIONEER 23-12 DRAWING DATE: 04-03-08 BY: LB SURFACE LOCAT ION: WELD COUNTY, COLORADO SE 1/4 SE 1/4, SEC. 12, T2N, R65W I 1 1 0 2 48sa� 1 1 f ti \y \ / \i( .- < �+4B25 � 2° 1. �"?Av v tea$/) \ \ - -...� ' ) (' 7 snezo "v tnj\ `-t 'aid- 1 � � ( � � , tom\,, . 'Q�3 1�� 4 ) li-I `../ 4� ( AVw ' �iJ V �� / o �I xBM ` r 4818 t C\ ( , \f ' t 48x } `! i IV V 1� 1\.k ��J e v �.,V {/ , 4° orb ,, ��j' ° o �i \ I - �y ; /�A ,.. 0 \ \f ) 1� 1 \�y VVV O P9]2� \\Ol I 1\\ ^� A. �$ o mrll 4 Qv,V�, -,,,e © b r _ J (O(J�� e U U \ :_ y o m f' ,. C/\%, sk-✓ ggf9 e Ls I r l) ( 1. ,JCT- /© ( r�.�� .;, l EER-234112 -\} 4 ( .� (� �I\ \ <. yo I, 'r Re .1"l/.2 / /ycA 4 r (t ` 1io f .b r ? zl lc « `�1 p 88 . 86 43 46:3 m c.v evil I 1076 c��.�I\�o/\o 4675 4675 i. �—" r. c .` I I l J i { � , -/ a \ 'v( 1/�� '�Iy�� J) / ; \\I -,99� A it -)/ J 49 6 � v v \ ( A ��J n as A �, .�,, [� ff I I , �,,�1J0 A�Nn 6 I 1 ' io,868 I !\ \ I\ / \ 23 r e 0 c J 4 `\� } �c7 � `\ ° C' 4952 '`N 04490 \, ^, \ i \l \ $ \ Data copyright of content owner. Scale 1: 25,000 1^ a 2080 ft ni 1fi x ax {y F�S76� ". L.xrLORME ® 200E DeLorme. 3-D TopoQueds ®. www.delormcom e. "!— — �— —� ® FORM 2A Rev 8/96 • _ State of Colorado Oil and Gas Conservation Commission DEPARTMENT OF NATURAL RESOURCES DRILL SITE/ACCESS RECLAMATION FORM This form shall be submitted in duplicate with the application for permit -to -drill (OGCC Form 2) unless a Federal 13 point surface plan is included. Also required are a minimum of two photographs (site and access road). Soil and plant community information from United States Natural Resources Conservation Services (USNRCS). FOR OGCC USE ONLY ETI FE I ID I SEI Complete the 1. OGCC Operator Number: 47120 4. Contact Name & Phone Attachment Checklist 00 2. Name of Operator: Kerr-McGee Oil and Gas Onshore LP Cheryl Light Oper 3. Address: PO Box 173779 No: 720-929-6461 Drill site and access photographs City: Denver State: CO Zip: 80217-3779 Fax: 720-929-7461 COG Section 404 documentation 5. Well Name & Number: Pioneer 23-12 6. County: Weld 7. Location (QtrQtr, Sec, Twp, Rng, Meridian): SESE Sec. 12 T2N-R65W 6TH PM. Pre -Drilling Information Current Land Use 8. Crop Land: Irrigated X Dry Land Improved Pasture I I Hay Meadow I j CRP 9. Non -crop land: Rangeland Timber Recreational I I Other (describe) 10. Subdivided: Industrial Commercial Residential Attach color photographs of drill site and access road Identify each photo by date, well name and location Soils 11. Soil map units from USNRCS survey: Sheet No: NRCS Soil Report Soil Complex/Series No: 70 Soils Series name: Valent Sand Horizon thickness (in inches): A: 0-8" B: NA C: 8-60" Horizon thickness (in inches): A Oils Series name B: : C Plant Community Complete only if operations to be conducted u on non -cropland Field Observation Date of Observation: 12. Plant species from: f I USNRCS or List individual species: 13. Check one predominant plant community for the drill site: Disturbed Grassland (Cactus, Yucca, Cheatgrass, Rye, Thistle) Grassland (Bluestem, Grama, Wheatgrass, Buffalograss, Fescue, Oatgrass, Brome) Shrub and Brush Land (Mahogany, Oak, Sage, Serviceberry, Chokecherry) Plains and Deciduous Riparian (Cottonwood, Willow, Aspen, Maple, Poplar, Russian Olive, Tamarjek) Mountain Conifer Riparian (Spruce, Fir, Ponderosa, Pine) Aquatic (Bulrush, Sedges, Cattail, Arrowhead) Tundra (Alpine, Willow, Currant, Raspberry) Other (describe) 14. Was an Army Corps of Engineers Section 404 Permit filed? 1 I Yes I x j No If yes, attach appropriate documentation. Comments, if any: I hereby certify that I, or persons under my direct supervision, have inspected the proposed drill site and access road; that I am familiar with the conditions which presently exist, that the statements made in this form are, to the best of my knowledge, true, correct, and complete. Print Name ilk Cheryl Light d Title: Regulatory Analyst II Date: KERR-MCGEE GATHERING LLC 1099 18" STREET • DENVER, COLORADO 80202 720-929-6000 �1J Kerr!v Gee April 16, 2008 HP FARMS HOLDING LW 4643 S ULSTER ST STE 1300 DENVER, CO 80237 Re: Notice of Intent to Conduct Surface Operations PIONEER WELLS - SEE ATTACHMENT Township 02N, Range 65W Section 12 Weld County, Colorado Gentlemen: The Colorado Oil and Gas Conservation Commission ("COGCC") has adopted guidelines and procedures regarding oil and gas activities affecting the surface. These rules stipulate that an affected surface owner must be given notice in writing by an operator at least thirty (30) days prior to drilling an oil and gas well. Kerr-McGee Oil and Gas OnShore LP ("KMG") intends to begin operations to drill the above captioned oil and gas well(s) upon approval of title, receipt of permits from the COGCC prior to November 30, 2008. As the surface owner, it is your responsibility to notify the tenant farmer, if applicable, of this proposed operation. The COGCC's brochure for surface owners containing the rules pertaining to notice of oil and gas operations, reclamation and opportunities for consultation thereon, as well as, the rules of procedure for filing complaints and making applications for hearings is enclosed. Should you have any questions and/or concerns, please contact me at (303) 655.4350 or my cell at (970) 590-6249. Very truly yours, KERR-MCGEE OIL AND GAS ONSHORE LP mid David Bell Landman I/we waive the 30 day notice referenced above and approve of the operations commencing upon KMG's receipt of the drilling permit. :el Enclosures A SUBSIDIARY OP ANADARKO PETROLEUM CORPORATION • • • PIONEER 12-12 NW/4SW/4 PIONEER 13-12 SW/4SW/4 PIONEER 33-12 Center W Line of SW/4 PIONEER 34-12 SW Corner PIONEER 35-12 Center S Line of SW/4 PIONEER 10-12 NW/4SE/4 PIONEER 15-12 SW/4SE/4 PIONEER 16-12 SE/4SE/4 PIONEER 23-12 Center S/2 PIONEER 37-12 Center S'Line of Section PIONEER 9-12 NE/4SE/4 PIONEER 11-12 NW/4SW/4 PIONEER 22-12 Center W/2 PIONEER 24-12 Center E/2 PIONEER 25-12 Center of Section PIONEER 7-12 NW/4SW/4 • • • S Location West SESE Section 12 -2N -65W 04/03/08 Pioneer 23-12 • Access South Pioneer 23-12 • FORM U State of Colorado ?RevWee 1I20 Lao* slew Seat 50011. DiGas me,cosmdo5B� Commission 10�Ps1100 Fml03it942109 117.147 JUN 30 2008 1 © OWE APPLICATION Deepen, FOR PERMIT Reenter, TO: Recompile and Operate P p� �a ®�,1"rJlfLsa.P 2 TYPE OF WELL OIL GAS XX COALBEDU OTHER: Rehm Sidetrack M Pvvvinv Bone surely la 20010124 SINGLE ZONE ( XI MULTIPLE ZONES COMMINGLE ZONES( compels the 3. Name of Operator Kerr-McGee Oil and Gas Onshore LP 4. COGCC Operator Number: 47120 Amcor em Clarda.1 OP COG0C 5. Address: P. O. Box 173779 APO Crag 81 Copy Clly: Denver Stab: CO Zip: 80217-3779 Form 2A 8. Contact Name: Cheryl Light Phone: 720-929-6461 Fax: 720-929-7461 Wet location Oat 7. Well Name: PIONEER Weil Number. 37.12 Topomap 8. Unit Hermit apptg Unit Number. Mnerel lase map 9. Proposed Total Measured Depth: 7404' Surface agmlt'Surety WELL LOCATION INFORMATION 30 Day not a letter 10. OtrOth SESE Sec 12 Twp: 2N Rag: 85W Meridian: 6th. PM Deviated Drag Plan Latitude: 40.14837' Longitude: 104.600687' Exception location room reuM Request Footage Al Surface: 1018' FSL 1044' FE Exception Loc Waivers 11. Field Name: Wittenberg Field Number 90750 112S Contgenpy Plan 12. Ground Elevation: 4889' 13. County: Weld Federal Drmng Permit 14. GPS Data: Data of Measurement 04/02/2008 PDOP Reading: 4 Insument Operable Name: R. David Rux 15. If well 6: Li OlredOltal INI Harlmntal(hghy deviated), submit deviated drilling plan. Bodomhob Sec Twp Rag: SWSE Sec 12 T2N R85W OUst lain rasa reset Footage At Top of Prod Zone: 75 I ® I 1320' I El Bottom Hole: I 75' I ® I 1320' I I FEt 18. Is location Ina high density area (Rule 6036)7 17. Dance fit he newest butWng pubic road, above = groundu811ty Yes or I© reNread: No 1018' 9ya 18. Dance to Nearest Property Line: 785 19. Oeam to nano war pet Smmpaed In Me sent nm,abn. Wilt' LEASE, SPACING AND POOLING INFORMATION Ogxloe Fonneto(a) Formation Code Sparing Order Number (s) Unit Acreage Assigned to Well Unit Configuration (N/2, SE/4, etc.) Niobrara • Codell NB -CD 407 80 Sec. 12 8/25E14 Sac. 13 N/2NE/4 21. Mkrerad Ownership: ©Fee 22. Surface OManhb: ©Fee IIIIII♦ Stale IN Mate Federal Federal Indian Indian Yes Blanket upon which attached Lease Solace SurayI N 20010125 23. Is the Surface Owner also Iv 23a. If 23 le Ys: Is the Surface Mberal Owner? LYee the mineral I X No Oemer(s) signature on Owners Agreement Attached Rng format enter entire bee? ) NI No Bond Q85,000 Surface Bond separate sheedmap 8 you prefer): 23b. i 23I No: IIII Surface or I)525,000 See Surface Bond NI $2,000 Surface 24. Using standard 0609. Sec. Txp, Besse deealptbn thb proposed welblte Is bated (attach lease 25. Dlebnab Nearest Mineral Lase line: 75' 26. Total Aces In Lease: 280 27. Is H2S antdpebd7 28. WS set sections be 29. Wasett (>15,000ppmT08 30. B questions 27 or 28 31. Mud dbpoeak Method: NOTE: The use man II. es X No Ting? bask muds be used location b a sanehw 'fleets, edadl centl . plan, No No No 825,29 or 30 am"Yes" apttperma may be required. encountered duing CO ors era yeti,* X OBas Land Farming pillar Remmpleton Ys X during dritkg9 area(Rule 903)7 Yea X Yes X IN Onska Disposal Family If elrpas drilling, notify El Land Spreading IIIIIII Its Other adlde reQfee a 01 permit {Rule 905b.) local Ore officials. string Shad Hoe She dCasing WegN Per Foot Soling Depth Sacs Cement Cement Bottom Cement Top Surface 12-1/4" a-518" 246 850' 595 850' Surface Production 7-7/W 4-1/1" 11.ea1 7404' 200 7404' Liner NA 32. BOP Equipment 33. Comnenb Type: Annular Prevenbr Stage Tod LI ME Double Ram (III© Rotating Head ME None No conductor casing will be used 34. Initial Rule 309 Consultation took place on (date) has been waived or If good faith earn did not result PERMIT SUBMITTED TO COGCC PRIOR TO COMPLMWCE I hereby certify that a permit package has to the best of my kin ne Signed: 1 02/20/2008 was waived, or Is not required. Provide supporting documentation if consultation 306 CONSULTATION SHALL BE RETURNED UNAPPROVED. Local Government Designee(s), and all statements made in this form are, Print N%me: CHERYL LIGHT In consultation. WITH RULE been sent to the applicable pleas. Title: REGULATOR ANAL II Date: Emit rASOdJloblmaeadadmmm Based on the InfoneatIon Decal. yle OppgFagombr permit -to -Drill compiles with COGCC Rules and applicable orders and Is hereby approved. COGCC Approved: V/ GT' �'//s:+�t^r /wet Director of COGCC Dale: 1/3 /J--ci'i Permit Number: I1 1 4A A J/.4 Fxpiratlon Date: `1 /x / ? 00'1 CONDITION f"AdPltA API NUMBER 06- rd? - fl 17 5 - 1) Provide 24 hour notice of MIRU to Ed Binkley at 970-506-9834 or e-mail at ed.binkley@state.co.us 2) Comply with Rule 317.i and provide cement coverage from TD to a minimum of 200' above Niobrara. Verify coverage with cement bond log. 3) Comply With Rule 321. Run and submit Directional Survey from TD to base of surface casing. Ensure that the wellbore complies with setback requirements in commission orders or rules prior to producing the well, WELL LOCATION CERTIFICATE NW SEC. 12. 2 i" ALUM. CAP LS 19585 N) re, Cti W mw Or• zo 0 z SW SEC. 12 2" ALUM. CAP LS 25937 SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST, 6TH P.M. S 88'23'33" E 5141.46' NE SEC. 12 3 Ye" ALUM. CAP LS 13155 NOTES: THIS IS A DIRECTIONAL WELL. BOTTOM HOLE LOCATION TO BE AT 75' FSL, 1320' FEL. BOTTOM HOLE LOCATION PROVIDED BY CLIENT. LAND SURFACE USE -PASTURE FIELD. TWINNING EXISTING WELL HARKIS POOLI G UNIT 2 50' TO THE SOUTHEAST. EXISTING WELL HARKIS POOLING UNIT 218AT991' FSL, 1004'FEL. TANK ENCLOSURE IS AT 152' TO THE SOU'11HEAST. SEPARATOR ENCLOSURE IS AT 168' TO TH+ SOUTHEAST. FENCE IS AT 164' TO THE NORTHEAST. NO OTHER VISIBLE IMPROVEMENTS WITHIN 200'. SURFACE LOCATION GROUND ELEVATION= 4889' LAT/LONG.= 40.14837° 104.60667° 1+2 SY4 SEC. 12 r ALUM. CAP LS 25937 N 89'36'44 W 2595.62' L BH- 75' FSL N 1320' FEL E Y4 SEC. 12 - -V} 3 Y4" ALUM. CAP LS 23520 1044' ) 10 rn HARKIS POOLING UNIT 2 N 89'36'54" W 2595.16' SE SEC. 12 L, 3 Y4" ALUM. CAP V L510855 I HEREBY STATE TO KERR-MCGEE OIL & GAS ONSHORE LP THAT THIS WELL LOCATION CERTIFICATE INDICATES THE WELL PIONEER 37-12 TO BE LOCATED 1018' FSL AND 1044' FEL, SEC. 12, T2N, R65W 6th P.M. R. DAVID RUX, PLS 37045 PETROLEUM FIELD SERVICES, LLC THIS IS NOT A MONUMENTED BOUNDARY SURVEY, IT IS ONLY A DRAWING NTENDED TO DEPICT THE WELL LOCATION TO SECTION LINES REVISIONS INITIAL, DATE PREPARED BY: PS IC Petroleum Field Services, LLC 1801 W. 13th Ave. Denver, CO 80204 LEGEND = FOUND MONUMENT • = PROPOSED WELL • = EXISTING WELL ♦ = BOTTOM HOLE IS OF BEARINGS AS SHOWN ABOVE SCALE: 1"=1000' GROUND ELEVATION SHOWN IS APPROXIMATE AND IS BASED ON AN OBSERVED GPS ELEVATION (NAVD 1988 DATUM) LAT. & LONG. SHOWN ARE BASED ON AN OBSERVED GPS OBSERVATION (NAD 1983/92) WITH A PDOP VALUE OF LESS THAN SIX (6) ALL DISTANCES ARE FIELD MEASURED UNLESS OTHERWISE NOTED DISTANCES TO WELL ARE SHOWN PERPENDICULAR TO SECTION LINES NORTH FIELD DATE: 04-02-08 WELL NAME: PIONEER 37-12 DRAWING DATE: 04-03-08 8Y: LB SURFACE LOCATION: WELD COUNTY, COLORADO SE 1/4 SE 1/4, SEC. 12, T2N, R65W • • w A\ 7 i RME 43 . lcify: _y I\1k w c cgt 2002 DeLorma. opoCluacle ilk Data copyright of content owner. \/N ©;\ p tS 1<2 x - \ \; ` ON ER d \ , e \ « © <§ 2 (C <• \ « '\ /j' § y G \ N 6», < ( ,, 2s 7(1 go 4 Scale 1 : 25,000 1^ a 2080 ft • • FORM 2A Rev 8/96 • State of Colorado Oil and Gas conservation commission DEPARTMENT OF NATURAL RESOURCES DRILL SITE/ACCESS RECLAMATION FORM This form shall be submitted in duplicate with the application for permit -to -drill (OGCC Form 2) unless a Federal 13 point surface plan is included. Also required are a minimum of two photographs (site and access road). Soil and plant community information from United States Natural Resources Conservation Services (USNRCS). FOR OGCC USE ONLY ET I FE I U I ISE I Complete the 1. OGCC Operator Number: 47120 4. Contact Name & Phone Attachment Checklist of 2. Name of Operator: Kerr-McGee Oil and Gas Onshore LP Cheryl Light Oper 3. Address: PO Box 173779 No: 720-929-6461 Drill site and access photographs City: Denver State: CO Zip: 80217-3779 Fax: 720-929-7461 COG Section 404 documentation 5. Well Name & Number: Pioneer 37-12 6. County: Weld 7. Location (QtrQtr, Sec, Twp, Rng, Meridian): SESE Sec. 12 T2N-R65W 6TH PM. Pre -Drilling Information Current Land Use 8. Crop Land: Irrigated X Dry Land Improved Pasture I I Hay Meadow I I CRP 9. Non -crop land: Rangeland Timber Recreational I I Other (describe) 10. Subdivided: Industrial Commercial Residential Attach color photographs of drill site and access road; Identify each photo by date, well name and location. Soils 11. Soil map units from USNRCS survey: Sheet No: NRCS Soil Report Soil Complex/Series No: 70 Soils Series name: Valent Sand Horizon thickness (in inches): A: 0-8" ; B: NA C: 8-60" Series name: Horizon thickness (in inches): A: B: ; C: Ills Plant Community Complete only if operations to be conducted upon non -crop land 12. Plant species from: I I USNRCS or I I Field Observation Date of Observation: List individual species: 13. Check one predominant plant community for the drill site: Disturbed Grassland (Cactus, Yucca, Cheatgrass, Rye, Thistle) Grassland (Bluestem, Grama, Wheatgrass, Buffalograss, Fescue, Oatgrass, Brome) Shrub and Brush Land (Mahogany, Oak, Sage, Serviceberry, Chokecherry) Plains and Deciduous Riparian (Cottonwood, Willow, Aspen, Maple, Poplar, Russian Olive, Tamarjek) Mountain Conifer Riparian (Spruce, Fir, Ponderosa, Pine) Aquatic (Bulrush, Sedges, Cattail, Arrowhead) Tundra (Alpine, Willow, Currant, Raspberry) Other (describe): 14. Was an Army Corps of Engineers Section 404 Permit filed? I I Yes I x I No If yes, attach appropriate documentation. Comments, if any: I hereby certify that I, or persons under my direct supervision, have inspected the proposed drill site and access road; that I am familiar with the conditions which presently exist, that the statements made in this form are, to the best of my knowledge, true, correct, and complete. Print Name �ed Cheryl Light Title: Regulatory Analyst II Date: KERR-MCGEE GATHERING LLC 1099 18T" STREET • DENVER, COLORADO 80202 720-929-8000 4ij KerrNtGee April 16, 2008 HP FARMS HOLDING LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 Re: Notice of Intent to Conduct Surface Operations PIONEER WELLS - SEE ATTACHMENT Township 02N, Range 65W Section 12 Weld County, Colorado Gentlemen; The Colorado Oil and Gas Conservation Commission ("COGCC") has adopted guidelines and procedures regarding oil and gas activities affecting the surface. These rules stipulate that an affected surface owner must be given notice in writing by an operator at least thirty (30) days prior to drilling an oil and gas well. Kerr-McGee Oil and Gas OnShore LP ("KMG") intends to begin operations to drill the above captioned oil and gas wells) upon approval of title, receipt of permits from the COGCC prior to November 30, 2008. As the surface owner, it is your responsibility to notify the tenant fanner, if applicable, of this proposed operation. The COGCC's brochure for surface owners containing the rules pertaining to notice of oil and gas operations, reclamation and opportunities for consultation thereon, as well as, the rules of procedure for filing complaints and making applications for bearings is enclosed. Should you have any questions and/or concerns, please contact me at (303) 655-4350 or my cell at (970) 590-6249. Very truly yours, KERR-MCGEE OIL AND GAS ONSHORE LP David Bell Landman 1/we waive the 30 day notice referenced above and approve of the operations commencing upon KMG's receipt of the drilling permit. :el Enclosures A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION • • • PIONEER 12-12 NW/4SW/4 PIONEER 13-12 SW/4SW/4 PIONEER 33-12 Center W Line of SW/4 PIONEER 34-12 SW Corner PIONEER 35-12 Center S Line of SW/4 PIONEER 10-12 NW/4SE/4 PIONEER 15-12 SW/4SE/4 PIONEER 16-12 SE/4SE/4 PIONEER 23-12 Center S/2 PIONEER 37-12 Center S'Line of Section PIONEER 9-12 NE/4SE/4 PIONEER 11-12 NW/4SW/4 PIONEER 22-12 Center W/2 PIONEER 24-12 Center E/2 PIONEER 25-12 Center of Section PIONEER 7-12 NW/4SW/4 • • • nee �y9a I. id II . .•t_ t tire i R1 " t W$ I St Location West SESE Section 12 -2N -65W 04/03/08 Pioneer 37-12 • Access South Pioneer 37-12 • • • • Si'- JrCdmpanies October 17, 2008 Kim Ogle, Planning Manager Department of Planning Services 918 Tenth Street Greeley, CO 80631 Re: Anadarko/Kerr McGee SU App for Drilling Pad 25-12 on the Pioneer Site Dear Kim: Pioneer and Anadarko/Kerr McGee (AKM) have been working together for some time now to develop mutually agreeable and sensible drilling pad locations on the Pioneer development. In agricultural areas of the development Pioneer has enabled AKM to drill in a manner that addressed all of their needs without interference from Pioneer. While we worked together to permit AKM to drill vertically where needed, regulatory and environmental constraints, led to a drilling configuration characterized by drilling from centralized pads. We believe that this design benefits everyone and significantly reduces the surface impacts associated with the extraction of our vital resources. Pioneer is in favor of this configuration and we are grateful for Anadarko/Kerr McGee's forward thinking. This kind of action is economically, environmentally; and scenically, beneficial and should be encouraged both now and in the future. Sincerel G. Paull Nation, Jr., lk1CP cc: Terry Enright File Page 303.843.9742 i Fax 303.740.86571manyjkownigmewn 4643 South Ulster Street, Suite 1300 I Denver, Colorado 80237 • • • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Lawyers Title Insurance Corporation 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 Part of the Southeast 1/4 of Section 12, Township 2 North, Range 65 West, of the 6th P.M., described as follows: Commencing at the Southeast corner of the Southeast 1/4 of Section 12, thence North 89°37' West 30 feet, thence North 00°30' West 30 feet to the Point of Beginning; thence North 89°37' West 1267.25 feet; thence North 89°36' West 921.05 feet; thence North 02°18' East 564.06 feet, thence North 22°47' East 449.91 feet; thence North 42°26' East 465.5 feet; thence North 26°43' East 366.45 feet; thence North 12°51' East 535.81 feet; North 05°03' East 469.22 feet; thence South 87°00' East 1330.48 feet; thence South 00°30' East 1.06 feet; thence South 00°30' East 2583.26 feet to the Point of Beginning, County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1455507 Reception No. 1759571 Reception No. 2491234 Book 534 Book 838 Book 1547 I Reception No. 2677396 Reception No. 3083184 Reception No. 3171364 Reception No. 3171367 Reception No. 3171368 Reception No. 3280274 1 • • • Reception No. 3514960 This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby limited to the fees paid for this Certificate. In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to be signed by its proper officer this 11th day of December, 2008, at 7:00 am. Order No. 08-04147 By Lawyers Title Insurance Corporation Authorized Signature • • • Ill4111 Reeera $. . . :rE9 3 165 Reoeptioa No.:._: `Z.D� ]l.}ci _;_ UN 005...Recordan.- THIS DEED, Made this - 28th day,of January in the year of our Lord one thousand nine hundred and sixty five ADA HARK IS and DECK HARKIS '',.of the - County of Weld of Colorado, of the first part, and ADA HARKIS and DECK HARKIS and State of the County of Weld and State of Colorado, of the second part: WITNESSETH, That the aid part ie s of the first part, for and in consideration of the sum of other good and valuable consideration and ten and no/100----DOLLARS, to the said part ies of the first part in hand paid by the said part ies of the second pert, the receipt whereof is hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said parties of the second part, th e i r heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to -wit: VJ of Section 13, Township 2 North, Range 65 West of the 6th P.M. and the NWi of Section 18, Township 2 North, Range 64 West of the 6th P.M., subject to right of way for highways and mineral rights as reserved by former grantors, and Phe Northwest quarter (Vsvy) of Section Twelve (12), 'ownship Two (2) North, Range Sixty-five (65) West of the 6th P.M., EXCEPT a tract of land described as beginning at the Northeast corner of said quarter section; thence West along the North line of said quarter sectioti'a distance of 1,320 feet; thence South parallel to the East line of said quarter section a distance of 1,320 feet to a point; thenceSoiitheasterly by direct line to a point on the East line of said udrtd±.section 1,980 feet South of the Northeast corner of said quarter section; thence North along the Ee st line of said quar ter section a distance of 1,980 feet to the point of beginning,also a right, of.way 20 feet wide nlong the East line of the South 700 fe t of said 'quarter section, and ot One (1) and the South half (Si) of the Northeast quarter (NEi)(or the Northeast quarter (NEi)) of Section Two (2) in Township Two (2) North, of Range Sixty-five (65) west of the 6th P.M., and he Southeast quarter (SE?) of Section Two (2), in Township Two (2) North of Range Sixty-five (65) west of the 6th P.M., and ection Seven (7), Township Two (2) North, Range Sixty-four (64)West of the 6th P.M.; and the Southeast quarter (SE4) Section Twelve(12) Township Two (2) North, Range Sixty -Five (65) West of the 6th P.M., and he Southeast Quarter (SE}) of Section Twelve (12) aforesaid, being subject to the right of the occupants of the reservoir thereon situate, to use the same for reservoir purposes only, the hunting, fishing and grazing rights and right to stock water therein being reserved to the grantee herein. TOGETHER with all and singular the hereditament, end appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders„rant., issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said pert ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditament, and appurtenances. INDEYEU rn co 0, 0 No. 409. wARRANTr DEED —For reomn.rale meem. umdMrlaeelo,oa miming Company. leeede Mout Stmt. Drawn Colorado • • • 1455507 TO HAVE AND TO HOLD the said premise. above bargained and described, with the appurtenances, unto the said pan ion of the`second'part; theimeire ind sati`gns foreve/Atd the said part'. lea of the first part ' ,toe e them' eel ves their heirs, axecnton,•aad administrators, do ''covenant, grant, bargain dud agree to end with iha add pert ie s efthe' second part, theirheirs and assigns, that at the time of the • ensealng rind delivery of these pieaante they arsell selded et the premieoe above conveyed, as of good, sore, perfect, ahaotate and indefeasible estate of Inheritance, In law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same In manner and form as aforesaid, end that the same are free and clear from alt former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever Idnd or nature soarer. and the above bargained premises in the golet and peaceable possession of the said pert lea of the second part, their heirs and assigns against all and every potion or persons lawfully claiming or to claim the whole or any part thereof, the raid part lea of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part lead the first part have and seal s the day and year first above written adol--11a../1 @... lC�: nesr HArkTr Signed, Sealed and Delivered in the Presence of '°"oRTATE OF COLORADO, ,o 1. F yf? .,, % county of /3/442..Lwi hereunto oath it hands C............ .... [SEAL) ..[SEAL) (SEAL) /~re,G7��Vreigipyrog0ldran,ent was acknowledged before me this ir' iph ES YYbA OM1a Harkin and Deck li: rkis to. re i • •L$� filittioi;mlinybgerryires , 19 •Mijua(s61bG`elpires October 17, 1967 t Ceb,i g I a day of-Piµh.rr.q/acp. . Witness my hand and official seal. a si NotanNhllnt7 g Q61 1 JI i 4 . „o�0ett t;�Il_N0'-,1'-7595z1._�r -JUL210-1978 RY ANN FEUEBSTEIN firartfraiipzi.. 6th--- -a=-of 'JUIY - 2 - •78',Weftfeen' ADAHARKI5;• also, kmiwri as-_ADA M; HARKIS, Sf yudjon:vAolb ado.- _ --- - - - - - a -alai_ - = :WELD - - _ _ �T<i]Ie er"—•,_ --r CDlutt}—of , S41 a of TCalpigeo"or Oie7,rs I+acn, nail RICHARD E. HARKIS and _ ! CHARLO E . = - - _ - : _ _ 1 �l. L. HARKIS _ ter._ - Hof their; -" County of - WELD. _ _n .a Stara of "-Ca�liradit07 (b L�on.1Pnrt- _ _ _ - ,_ _ - naeorder s'+ta nD II. -Taal 11rn,i ul rat y_ --_ .at the -tee -Part ,or am, ..,'tonsidtrauali r• -- - N.a.ndsho%100 DOLLARS; and other valuable consideration DOL•.:.T.J" thA sattl•1Lntly, af-tt e brat part iu Lang paid bl the cvd parn,e of the aearid Jot t ,toe cea p• ,. he`rdof tie elby -eonlessed nud. aduiondedgeti,_ hn5 '- ran lath, .ele•mea, bold, cane, et' and ini,t -dniq�"+edxfiadb�.Ti;raapsesegta'-Ito - renuse, ieleasc, sell, won et and q to claim wro the said pint r _ v. 5tbg'szcuad •pearhWear bees and ItssigiLti foraw;; aat'i.,=tc_,a.,.,r meal elan but in jcwt tellaat} all r light pfleanfe(4. C1nnn nad!c`e.uan1 rlu h the o.d party of Ito. r.-%i-part has ,n and it, lo. =folibsdt:6:deD.t,biJ ot' or -pa eel - of latul srth at,- li tug alai being w the _ `S`ounti• oT''_" ;We19_ ,. and Slate of Coluratte 1, 1 i The•Sautheast Quarter (SBA) of -Section 12, Township 2 North; Range 65'WEst-or-the-6th-Principal Merl di an and all of -Section-77„Township 2 North,- Range 64 West.of the 6th Principal. ;glMeridian. subject to exceptions of -record, a resrvijg aietier,,unto the party of the First Part, -for and -during her atW 1 ife;. theiright-to=any-and all royalties derived therefrom, which _ right "shall,terinin_ate upon her death. - 4 Tatrli,S_i iyIS6 12 illId1_t;:' __:nirrtogetter?,i1n.L I_oad oil%Oat Ib. ay I ^n,a ,1d , -?..ii- eg'Re`Iheituttt¢heloPgL k 1 tne n, •6i_t-rre into 9p1 c -re] _slnua, and nil the t.,rat 1 lgh, nil_ 111101`111101`,IitI aiid platlh oba,sgrtrr of "u- And f., r:y tr to- ins, pal. eitllrr in hat or ego ly - t to (tie er d p: r oea ' "Of "lriegceLnd font- --,Leer;hello 'aid. m'gns br t„r-, rot it, tolitt9 ] n tin on b lit mr •cual .. , - - )ita4,lTl`g,,S1r1IEItErr1--ilenaidparty; . cl,11:J;t.i pat] hr, s._. I r remit.,.ael her- 4,;- --arid s@bl,i.--_ tire day land —;.all. fiat attar n-iittu ] ti Bl i)ifaSgstL.il_e1tIl IS_elatted:7a II.: p't—ro i of: _ do_ K0.1 - _ 5411' %I." ,. V- tLj' .. SEAL) - _ •_ - Denver ) e - City m Go utt .ot_._ g •. ' `.' - +. h fo otyn�ms r, ur>.. as_'aEkltop le lgeg�yerore the" tfiln .=HARKIS- - 1;^.."1r.ilee= October 19;_197$ __ seal 6th (by of _ July_ Vrar P.b�- 14PLAi1DFI•a-roiant lmanb'e-Pr+JIordih.bl!ms co: i!z41t Stoat 5gttf Dtnwr oo SOT? 47•--7 v,- 3 R�5₹f Z3A31}iELDCOVNTY RDp0-#22-HUD507, G0- - Recorded at 2491234 B-1547 P—5289/16/96 12:34P PG 1 OP 4 RBC DOC Rexepdon N Weld County CO Clerk 8 Recorder QUITCLAIM DEED THIS DEED, Made this 9th day er May , 19 96. between Richard E. Harkis a/k/a Richard Harkis and Charlotte Louise Harkis a/k/a Charlotte L. Harkis a/k/a Charlotte Harkis of the County of weld and State of Colorado, grantor(a), and Richard Elwood Harkis as to an undivided one-half interest and Charlotte Louise Harkis as to an undivided one-half interest whose legaladdress is 23431 Weld County Road 22 Hudson, Colorado 80642 of the County of Weld 21.00 and State of Colorado, grantee(s), WITNESSETH. That the grantor(s), for and in consideration of the sum of other good and valuable consideration and One and no/100 Dollars the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUITCLAIMED, and by these presents do remise, release, sell and QUITCLAIM unto the grantees), their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the gmntor(s) have in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: See Exhibit "A" attached hereto and incorporated herein by reference. also known by street and number as: assessor's schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the seamiest, either in law or equity, to the only proper use, benefit and behoof of the grantee(s) their heirs and assigns forever. J{jfiVl W�EREOF'Dyrgralvo (s) ha executed this deed on the date set forth abol Q 4„ A (.{(fit r� ytj' 2l-•". 4— � L / / ally 'fa (g. �� .✓Ge:ni �JJr�'s',tr - CHARLOTTE LOUISE HARRIS a/k/a RICHARD E. HARRIS a/k/a CHARLOTTE L. HARRIS a/k/a RICHARD HARRIS CHARLOTTE HARRIS STATE OF COLORADO, County of Weld The foregoing instrument was acknowledged before me this 9th day of May , 19 96 , by RICHARD E. HARRIS a/k/a RICHARD HARRIS and CHARLOTTE LOUISE HARRIS a/k/a CHARLOTTE L. HARRIS a/k/a CHARLOTTE HARRIS. MI,p9Wasilsion expires August 12, 1999 Witness my hand and official seal. 'E'a'N• -0 c 4 ' L i V: A, • m ' IOTA RY `': i elfin DedFa, instil -City Nt' and". -49s-to Ird.ninaiLLA,th-,C-, Homey Public None and Address &Pawn Cresting Newly Created Ups Oe pion D & SD-IOS5, C.a5.1 No.933. Rev. 444. QUITCLAIM DEED Bradford Publishing. 1743 %zee 9., Denver, CO 80202 — (303)292.2500— II -95 EXHIBIT A • Parcel I All of Section Thirty-two (32) in Township Three (3) North, Range Sixty-four (64) West of the 6th P.M. Parcel 2 The East Half (E'/2) of Section Five (5), Township Two (2) North, Range Sixty-four (64) West of the 6th P.M. Parce13 The SW'/. of Section 4, Township 2 North, Range 64 West of the 6th P.M. Parcel 4 All of Section 8, Township 2 North, Range 64 West of the 6th P.M. Parcel 5 All of Section 9, Township 2 North, Range 64 West of the 6th P.m., EXCEPTING THEREFROM a tract of land conveyed to Lone Tree Turkey Farm, Inc., a Colorado corporation, by deed recorded January 21, 1963 in Book 1636 at Page 232, being more particularly described as follows: That part of SE'/. of Section 9, Township 2 North, Range 64 West of the 6th P.M., described as follows: Commencing at the Southeast corner of said Section 9; thence West along the South line of said Section 9 a distance of 1005 feet; thence at right angles North a distance of 825 feet; thence at right angles East a distance of 1005 feet to the East line of said Section 9; thence South along the East line of said Section 9 a distance of 825 feet to Point of Beginning; Also EXCEPTING therefrom a tract of land conveyed to Public Service Company of Colorado by deed recorded November 27, 1964 in Book 528 as Reception No. 1450245, being more particularly described as follows: The North 150 feet of the W'A of Section 9, Township 2 North, Range 64 West of the 6th P.M. Parcel 6 All of Section 7, Township 2 North, Range 64 West of the 6th P.M. Parcel 7 The SE'/. of Section 18. in Township 2 North, Range 64 West of the 6th P.M. 2491234 8-1547 P-528 05/16/96 12:34P PG 2 OF 4 - 1 F- • • Parcel 8 The NW%. of Section 18, Township 2 North, Range 64 West of the 6th P.M. • • • Parcel 9 The W'/: of Section 2, Township 2 North of Range 65 West of the 6th P.M., excepting therefrom a parcel conveyed to the Farmers Reservoir and Irrigation Company by Deed recorded in Book 314, at Page 558, Weld County Records. Parcel 10 Lot One and the South Half of the Northeast Quarter (or the North East Quarter) of Section 2 and the SE'/. of Section 2, all in Township Two North, Range 65 West of the 6th P.M. Parcel 11 The NE'/. of Section 13, Township 2 North, Range 65 West of the 6th P.M. Parcel 12 The NW'h.of Section 13, Township 2 North, Range 65 West of the 6th P.M. Parcel 13 The Southeast Quarter (SE%4) of Section 12, Township 2 North, Range 65 West of the 6th P.M. Parcel 14 Parcel 15 The Northwest Quarter (NW%.) of Section 12 Township 2 North, Range 65 West of the 6th P,M., except a tract of land described as beginning at the Northeast Corner of said quarter section; thence West along the North line of said quarter section a distance of 1,320 feet; thence South parallel to the East line of said quarter section a distance of 1,320 feet to a point; thence Southeasterly by direct line to a point on the East line of said quarter section 1,980 feet South of the Northeast Corner of said quarter section; thence North along the East line of said quarter section a distance of 1,980 feet to the point of beginning, also a right of way 20 feet wide along the East line of the South 700 feet of said quarter section. That part of the Northeast 1/4 of Section 12, and the South 1/2 of Section 1, both in Township 2 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the North 1/4 Corner of said Section 12; thence South 87°53'39" East along the North line of said NE1/4 of Section 12 on a bearing shown on a survey by Jasper Freese L.S. 4392, dated January 1973, a distance of 248.24 feet to the True Point of Beginning; thence South 00°09'15" West a distance of 1453.15 feet; thence South 30°02'40" East a distance of 1320.85 feet; thence South 86°30'08" East a distance of 1667.16 feet to the East 1/4 corner of said Section 12; thence North 2491234 8-1547 P-528 05/16/96 12:34P PG 3 OF 4 • • • • • 88°30'22" West along the South line of said NE1/4 of Section 12 a distance of 2582.93 feet to the center of said Section 12; thence North 00°16'18" East along the West line of said NE1/4 of Section 12 a distance of 2640.05 feet to said North 1/4 corner of Section 12; thence North 87°5339" West along the South line of said South 1/2 of Section 1 a distance of 358.53 feet; thence North 75°00'00" East a distance of 391.65 feet; thence South 89°50'00" East a distance of 228.36 feet; thence South 00°09'15" West a distance of 123.00 feet to the True Point of Beginning. Contains 26.909 acres more or less. 2491234 8-1547 P-528 05/16/96 12:34P 10104 OF 4 M.\H 102PAO I W 0I L W Ul.IOW 1 111111111111111111111111111111111111111 I I 111 1 I I I I • 2877398 03/03/1999 02:45P Weld County CO 1 of 7 R 38.00 D 0.00 JR Sukl isukameto • • A • Book Pape Recorder Qgit Claim Deed THIS DEED Is a conveyance from the Indiidual(s), corporation(s) or other entity(ies) named below as GRANTOR to the Individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with ail its appurtenances. The specific terms of this deed ere: Grantor: Grantee: ION. nem.l.l end Noo.lela Galan, if me own of M. ewnei gnanlor is hens on Ma Deed w release hamWed ripnl.. idxifh Penlo n lme5SMVWwi.I Richard Elwood Harkis a/k/a Richard E. Harkis and Charlotte Louise Harkis a/k/a Charlotte L. Harkis 23431 Weld County Road 22, Hudson, Colorado 80642 IGlo name) and Wrestles). Oakmont a address, including amiable rosd or oaf number. in rnicks ) Lazy SK Limited Partnership, LLLP (a Colorado Limited Liability Limited Partnership) 23431 Weld County Road 22 Hudson, Colorado 80642 Form of Co-Ownerehlp: nlears metwo or?ne,.aanlaa.named, they muce.n.id.rw N tan.. tenet In coronas polo rte wales loim Yummy' or words oI m. .amit moons ere adds In this .gave b.rw I Property Description: Into. .only .no Mete) See Exhibit "A" attached hereto and made a part hereof by reference. All property located in the County of Weld, State of Colorado. Property Address: Reservations -Restriction: foe. GRANTOR intends w e..en.soy Omen IM PropM a to co y toe Nan ho wt", or N G. GRANTOR a Ratting C. GRANTEE'S tpMs l Ns proper. Maio apparel., trdo.rm I See Exhibit "A" attached hereto and made a part hereof by reference. Fxecated by Ito Grantor on March 1 Ip 99 llgnue Claw lot Capaclan, POTOINIM Of Associates Name or Grantor: Corporarbn. Partnership or Association Richard El a/k/a Richard E. Harkis ffi Grantor By - t Grants By Cheri t,teuise Harkis a k/a fra/nfor Charlotte L. Harkis &Yee1 a.•�' '"".7/1/4 STATE OF COLORADO COUNTY OF WELD • ) sc .C WNo. MO the 1st days March 19 99 od Harkis a/k/a Richard E. Harkis and Charlotte Louise Harkis e L. Harkis. gust 17, 199,3' cocoa adtrwweedped Woe G. Met k I4A O Notary Iublk ) we*/ to I'r'an•tdA7%EacotM° Get Grotty Is CapoloidL ialro.nhlpaAssociation,e.n denlsv1g16,apresident or vice PMGNi cord l.cntay oraWetat .onto al aw,aoton, a aeon»rte) a a citwhed mmroene of awa(Non.) WITNESS -my nand and oNlo lal-se&F My commission .sew: Notary Public 11111111111111111111111111111111111111III gin.. 2077190 03/03/1999 02:45P wild County CD • • • 2 of 7 R 36.00 D 0.00 JA Sukl Taukamoto Parcel I Parcel 2 Parcel 3 Parcel 4 EXHIBIT "A" All of Section Thirty-two (32) in Township Three (3) North, Range Sixty-four (64) West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. The East Half (E'/z) of Section Five (5), Township Two (2) North, Range Sixty-four (64) West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. The SW% of Section 4, Township 2 North, Range 64 West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. All of Section 8, Township 2 North, Range 64 West of the 6th P.M., except the W'/ of the S W%, together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith, Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Cvantnrs,.together. with rights of ingress and egress to explore for, mine, and remove the same. • • • • • Parcel 5 Parcel 6 All of Section 9, Township 2 North, Range 64 West of the 6th P.m., EXCEPTING THEREFROM a tract of land conveyed to Lone Tree Turkey Farm, Inc., a Colorado corporation, by deed recorded January 21, 1963 in Book 1636 at Page 232, being more particularly described as follows: That part of SE% of Section 9, Township 2 North, Range 64 West of the 6th P.M., described as follows: Commencing at the Southeast corner of said Section 9; thence West along the South line of said Section 9 a distance of 1005 feet; thence at right angles North a distance of 825 feet; thence at right angles East a distance of 1005 feet to the East line of said Section 9; thence South along the East line of said Section 9 a distance of 825 feet to Point of Beginning; Also EXCEPTING therefrom a tract of land conveyed to Public Service Company of Colorado by deed recorded November 27, 1964 in Book 528 as Reception No. 1450245, being more particularly described as follows: The North 150 feet of the WY: of Section 9, Township 2 North, Range 64 West of the 6th P.M. Together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. All of Section 7, Township 2 North, Range 64 West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. 11111111111111111111111M 111111111111.111111111-1111- 26773116 3 of 7 R 30.00 D 0.00 JR Suitt Tsuk+mtko 2 • • • Parcel 7 • Parcel 8 Parcel 9 • The SEA of Section 18, in Township 2 North, Range 64 West of the 6th P.M., together with all rights in and to the Henrylyn Irrigation District, and all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant thereto or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. The N W''A of Section 18, Township 2 North, Range 64 West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, andother minerals of whatever kind -or nature presently owned -by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. The W'/, of Section 2, Township 2 North of Range 65 West of the 6th P.M., excepting therefrom a parcel conveyed to the Farmers Reservoir and Irrigation Company by Deed recorded in Book 344, at Page- 558, Weld County Records, together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. 11111111111111111111111)11111UIII11111IIIIIIIIIIIIIIII 2077300 03/03/!090 04 4W Mald County CA 4 of 7 R 36.00 0 0.00 JA Sukl Tsukamoto 3 • • • • • Parcel 10 Parcel 11 Parcel 12 Lot One and the South Half of the Northeast Quarter (or the North East Quarter) of Section 2 and the SE'% of Section 2, all in Township Two North, Range 65 West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith, Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. The NE% of Section 13, Township 2 North, Range 65 West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. The N W'h of Section 13, Township 2 North, Range 65 West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. Parcel 13 The Southeast Quarter (SE'/n) of Section 12, Township 2 North, Range 65 West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights.nf_ingress.and.egressto.explorefor,.mine, andremove the same. 11111111111111111111111311-11111111111111111111-1111- 2877385 03/03/1008 02:45P Wield Canty CO 5 of 7 R 38.00 0 0.00 JR Sukl Tsukomoto 4 • • • • • Parcel 14 The Northwest Quarter (NW'/.) of Section 12 Township 2 North, Range 65 West of the 6th P.M., except a tract of land described as beginning at the Northeast Corner of said quarter section; thence West along the North line of said quarter section a distance of 1,320 feet; thence South parallel to the East line of said quarter section a distance of 1,320 feet to a point; thence Southeasterly by direct line to a point on the East line of said quarter section 1,980 feet South of the Northeast Corner of said quarter section; thence North along the East line of said quarter section a distance of 1,980 feet to the point of beginning, also a right of way 20 feet wide along the East line of the South 700 feet of said quarter section. Parcel 15 Together with all water rights, ditch rights. reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. That part of the Northeast 1/4 of Section 12, and the South 1/2 of Section I, both in Township 2 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the North 1/4 Corner of said Section 12; thence South 87°53'39" East along the North line of said NE 1/4 of Section 12 on a bearing shown on a survey by Jasper Freese L.S. 4392, dated January 1973, a distance of 248.24 feet to the True Point of Beginning; thence South 00°09'15" West a distance of 1453.15 feet; thence South 30°02'40" Fast a distance of 1320.85 feet; thence South 86°30'08" East a distance of 1667.16 feet to the East 1/4 corner of said Section 12; thence North 88°30'22" West along the South line of said NEI/4 of Section 12 a distance of 2582.93 feet to the center of said Section 12; thence North 00°16'18" East along the West line of said NE1/4 of Section 12 a distance of 2640.05 feet to said North 1/4 corner of Section 12; thence North 87°53'39" West along the South line of said South 1/2 of Section I a distance of 158i'i feet; thence_Nonh.75°00'00" East.a.distance of 391.65 feet; thence South 89°50'00" East a distance of 228.36 feet; thence South 00°09'15" West a distance of 123.00 feet to the True Point of Beginning. Together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Contains 26.909 acres more or less. 111111111111111111111111 I l l l l 1111111 U 1111111111111 I l l l 5 2077300 03/02/1090 02r4S► kold County CO 0 of 7 R 30.00 D 0.00 JR Still Tauk000to • • • • Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. Parcel 16 Residence: Lot A of Recorded Exemption No. 1307-12-4 RE 1923, recorded December 17, 1996, in Book 1581 under Reception No. 2525400, being a part of the SW% of Section 17, Township 2 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therawith.. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. All sprinklers and irrigation equipment and fixtures relative thereto, if any, located upon the above - described 16 parcels are included in this deed. M:`J I IU2MOCIIOO2LDOO IDW 1111111 11111111111111111110111111 III 11111111! �� 2077360 03/03/396 02.40r Mold County CO 7 of 7 R 36.00 D 0.00 J6 Sold Taukamata 6 • 184 • • • 111111111111 IIII 111111 II11111111111 III 11111 IIII IIII 3083184 07/14/2003 02:29P Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder QUIT CLAIM DEED THIS DEED is made this lit1/4" day of July, 2003, between LAZY SK LIMITED PARTNERSHIP, LLLP, a Colorado Limited Liability Limited Partnership, of the County of Weld, Colorado (Grantor), and RICHARD E. HARKIS, whose legal address is 23275 WCR 22, Hudson, Colorado, 80642 (Grantee). WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars and No/100's ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto Grantee, his heirs, successors, and assigns forever, all the remainder interest which Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld, Colorado, described as follows: SEE ATTACHED EXHIBIT "A" TO HAVE AND TO HOLD the same, together and all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of Grantor, either in law or equity, to the only proper use, benefit, and behoof of Grantee, his heirs, successors and assigns forever. The use of the singular shall include the plural, the plural shall include the singular, and the use of any gender or the neuter shall be applicable to all genders. IN WITNESS WHEREOF, Grantor has executed this deed on the date specified. LAZY SK LIMITED PARTNERSHIP, LLLP, a Colorado Limited Liability Limited Partnership By: STATE OF COLORADO ) j� ) ss. COUNTY OF \}¢.ntr ,cL u S t.Ivk! , as President of HARKIS FARMS, INC., General Partner Th foregoing Quit Claim Deed was subscribed and sworn to before me this -74^ day of July, 2003, by -t<. Lr& t. 44r rC', as President of HARKIS FARMS, INC., General Partner of LAZY SK LIMITED PARTNERSHIP, LLLP, a Colorado Limited Liability Limited Partnership. Witness my hand and official seal. My Commission expires: .ryMM' 'n4, .....' c,:•NOtq,9� . wogrd .., FOR A7�,,r°i 102 -I-2OOtit S • PARCEL I • ugullmlitommt mousy 3083184 07/14/2003 02:29P Weld County, CO 2 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT "A" The W I/2 of Section 2, Township 2 North of Range 65 West of the 6th P.M., excepting therefrom a parcel conveyed to the Farmers Reservoir and Irrigation Company by Deed recorded in Book 314, at Page 558, Weld County Records, together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. PARCEL 2 Lot One and the South Half of the Northeast Quarter (or the North East Quarter) of Section 2 and the SE'/4 of Section 2, all in Township Two North, Range 65 West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same, PARCEL 3 The NEI/4 of Section 13, Township 2 North, Range 65 West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. PARCEL 4 The NW'/4 of Section 13, Township 2 North, Range 65 West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. PARCEL 5 The Southeast Quarter (SE'/4) of Section 12, Township 2 North, Range 65 West of the 6th P.M., together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. • • 1111111111111111111111 II0h IIII 111111 III mi Ho Ill! 3083184 07/14/2003 02:29P Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress; and egress to explore for, mine, and remove the same. PARCEL 6 The Northwest Quarter (NW'/4) of Section 12 Township 2 North, Range 65 West of the 6th P.M., except a tract of land described as beginning at the Northeast Corner of said quarter section; thence West along the North line of said quarter section a distance of 1,320 feet; thence South parallel to the East line of said quarter section a distance of 1,320 feet to a point; thence Southeasterly by direct line to a point on the East line of said quarter section 1,980 feet South of the Northeast Corner of said quarter section; thence North along the East line of said quarter section a distance of 1,980 feet to the point of beginning, also a right of way 20 feet wide along the East line of the South 700 feet of said quarter section. Together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. • • PARCEL 7 That part of the Northeast 1/4 of Section 12, and the South 1/2 of Section 1, both in Township 2 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the North '/4 Corner of said Section 12; thence South 87°53'39" East along the North line of said NE'/4 of Section 12 on a bearing shown on a survey by Jasper Freese L.S. 4392, dated January 1973, a distance of 248.24 feet to the True Point of Beginning; thence South 00°09'15" West a distance of 1453.15 feet; thence South 30°02'40" East a distance of 1320.85 feet; thence South 86°30'08" East a distance of 1667.16 feet to the East "4 corner of said Section 12; thence North 88°30'22" West along the South line of said NE1/4 of Section 12 a distance of 2582.93 feet to the center of said Section 12; thence North 00°16'18" East along the West line of said NEI/4 of Section 12 a distance of 2640.05 feet to said North I/4 corner of Section 12; thence North 87°53'39" West along the South line of said South 1/2 of Section 1 a distance of 358.53 feet; thence North 75°00'00" Fast a distance of 391.65 feet; thence South 89°50'00" East a distance of 228.36 feet; thence South 00°09'15" West a distance of 123.00 feet to the True Point of Beginning. Together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Contains 26.909 acres more or less. • i 11111111111 iiii 1111111111111 iiii iii loll mi iiii 3083184 07/14/2003 02:29P Weld County, CO 4 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder • • • Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. PARCEL 8 Township 2 North. Ranee 65 West. 6'h P.M. Section 12: That part of the NW'/4 beginning at the Northwest corner of said NW'/4; thence West along the North line of said quarter section a distance of 1320 feet; thence South parallel to the East line of said quarter section a distance of D20 feet to a point; thence Southeasterly by direct line to a point on the East line of said quarter section 1980 feet South of the Northeast corner of said quarter section; thence North along the East line of said quarter section a distance of 1980 feet to the point of beginning; containing 50.00 acres, more or less. PARCEL 9 Residence: Lot A of Recorded Exemption No. 1307-12-4 RE 1923, recorded December 17, 1996, in Book 1581 under Reception No. 2525400, being a part of the SW'!4 of Section 12, Township 2 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, together with all water rights, ditch rights, reservoir rights, irrigation wells, and all other irrigation and water rights appurtenant to said property or used in connection therewith. Excepting and reserving unto Grantors an undivided one-half interest in all oil, gas, and other minerals of whatever kind or nature presently owned by Grantors, together with rights of ingress and egress to explore for, mine, and remove the same. All sprinklers and irrigation equipment and fixtures relative thereto, if any, located upon the above - described parcels are included in this deed. 111111111111111111111111111011111111111111111111111 • "3/,,.. 3171384 0411812004 03:42P Weld County, CO 1 of 2 R 11 00 0 132.88 Slew Moreno Clerk a Recorder -/dAe/v/ars4° 2 /— e, %'6o a?67 Ilnio ilk, /17O.‘.3.66 WARRANTY DEED THIS DEED, Made this 14th day of April , 2004, between Richard E. Harkin of the County of Weld and State of Colorado grantor, and Parkins Land & Livestock II, LLC a Colorado Limited Liability Company z -5.47 EIGHT HUNDRED TWENTY FIVE & NB,}Oo DOLLARS,($1,325,825.00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and condtm. unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld , and State of Colorado, described as follows: See Exhibit 'A" attached hereto and incorporated herein. whose legal address is P.O. Box 267, Unionville, MO 63565 aithe county of Putnam and State of Missouri ,grantee: WITNESSETH, Thal the grantor, for and in consideration of the sum of ONE MILLION THREE HUNDRED TWENTY FIVE THOUSAND also known by street and number as Vacant Land, TOGETHER with all and singular the hereditament, and appurtenances thereunto bllonging. or in anywise appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal reptesmtatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns. that at the time of the caseating and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect absolute and indefeasible estate of inheritance, in law, in fee simple. and has good right, fall power and lawful authority to grant, bargain, sell and convey the same Ira manner and form as aforesaid, and that the same are free and clear from all forma and other grants, bargains, sales, hens, taxes, assessments. encumbrances and restrictipons of whatever kind or nature never, except for Lazes for the current year, a lien but not yet due and Documents leaand those cc accepted by Buyer in accordance witions itthsecibed tion Bas [Tille Review], o recorded the cdocuontract dated nts as reflected In the Title February 4, 2004' between the parties. The grantor shall and wilt WARRANT AND FOREVERDEFEND �above-rga�Pgrmiaelly s in uieta eacable poss s - Sion of the grantee, his heirs and assigns, against all and every person persons The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF Weld The foregoing instrument was acknowledged before me this 14th Richard E. Markin My Commission expires: t" r WADAAN:VD ? L.0 Richard E. Rarkirs day of April 2004 by Flea Uo22t29AOU tt iI • • • • 11111111111 IIUI 1111111 II I IIIII Iill111 II 1111] 1111 II II 917/36/ 01110/!004 08.12P Wald County, CO 2 ol 2R 11.% D 132.60 OMve Moreno Clerk 8 Recorder bi� M: LEGAL DESCRIPTION TO DEED DATED • t(_14 -p' f All of Section 2; The North Half of Section 13; The Southeast Quarter of Section 12, Township 2 North, Range 65 West of the 6th P.M., and The Northwest Quarter of section 12, Township 2 North, Range 65 West of the 6th P.M., except a tract of land described as beginning at the Northeast corner of said quarter section; thence West along the North line of said quarter section a distance of 1,320 feet; thence South parallel to tiie East line of said quarter section a distance of 1,320 feet to a point; thence Southeasterly by direct line to a point on the East line of said quarter section 1,980 feet South of the Northeast corner of said quarter section; thence North along the East line of said quarter section a distance of 1,980 feet to the point of beginning, also a right of way 20 feet wide along the East line of the South 700 feet of said quarter section. That part of the Northeast Quarter of Section 12, and the South Half of Section 1, both in Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the North 1/4 corner of said Section 12; thence South 87'53'39' East along the North line of said Northeast 1/4 of Section 12 on a bearing shown on a survey by Jasper Freese L.S. 4392, dated January 1973, a distance of 248.24 feet to the True Point of Beginning; thence South 00'09.15' West a distance of 1453.15 feet; thence South 30'02'40" East a distance of 1320.85 feet; thence South 86'30'08' East a distance of 1667.16 feet to the East 1/4 corner of said Section 12; thence North 88'30'22' West along the South line of said Northeast 1/4 of Section 12 a distance of 2582.93 feet to the center of said Section 12; thence North 00'16'18' East along the West line of said Northeast 1/4 of Section 12 a distance of 2640.05 feet to said North 1/4 corner of Section 12; thence North 87'53'39' West along the South line of said South 1/2 of Section 1 a distance of 358.53 feet; thence North 75'00'00" East a distance of 391.65 feet; thence South 89'50'00' East a distance of 228.36 feet; thence South 00'09'15' West a distance of 123.00 feet to the True Point of Beginning, County of Weld, State of Colorado. together with all of Grantor's right, title and interest in all minerals of whatsoever kind or character including but without being limited to oil and gas and constituents thereof, in, under, and upon or that might be produced from the herein described lands together with rights of ingress, egress, and access to explore for, remove and mine the same by any means. TOGETHER WITH 160 shares of the Henrylyn Ditch Rights. • • • 11111111111111111 IIIIIIIIII 1111111 III IIIII IIII IIII ts e3 3171387 04/18/2004 03:42P Weld County, CO 1 of 7 A 38.00 0 0.00 Steve Moreno Clerk a Recorder �A,+ons l iuu/YLi&eS/tair 4 box oz6,7. U4'ornd/ /!e, //7D 60.3565 • QUIT CLAIM DEED THIS DEED, Made this 14th day of April , 2004, between Lazy SK Limited Partnership, LLLP, a Colorado limited liability limited partnership and Kirk Bryan Sarkis, also Cont. of me county of Weld andState of Colorado Colorado limited liabilityfe icompany II, LLC, a whose legal address is P.O. Box 267, Unionville, MO 63565 -2,to aaia-94%7 4)o 2%G of the County of Weld and State of Missouri , grantee(s): WITNESSETH, That the gsantor(s), for and in consideration of the sum of SIX MILLION TWO HUNDRED THOUSAND AND NO/100 Dort ARS46,200,000.00 ), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUIT CLAIMED, and by these presents does remise, release, sell, and QUITCLAIM unto the grantee(s), has heirs, successors and assigns, Comer, all the right, title, interest, claim and demand which the grantor(s) has in and to We real property, together with improvements, if any, situate, lying and being in the County of Weld , and State of Colorado, described as follows: See Description attached hereto and made a part hereof. also known by sheet andnumber as Vacant Land, Hudson, CO TO HAVE AND TO HOLD the sarne, together with all and singular the appurtenances and privileges Memento belonging, or in anywise thereunto appertaining. and all the estate, right, title, interest, and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the gnmor(s) has executed this deed on the date set forth above. SEE ATTACHED SIGNATURE PAGE STATE OP as. COUNTY OF The foregoing instrument was acknowledged before me this 14TH day of APRIL 2004 , by SEE ATTACHED NOTARY ACKNOWLEDGEMENTS My Commission apnea: Witness my band and official seal. Notary Public QUIT CLAIM D D MuM Pisa UOrrlr9A04 X310 3171367 04/ ll2II •42P Weld County, C1 liii 2 of 7 R 36 00 0 0.00 Steve Moreno Clerk & Recorder • Vacant Land • CONTINUATION OF GRANTOR TO DEED DATED April 14, 2004 known as Kirk B. Harkis and Harkin and Connie G. Harkis and • • Richard E. Harkis and Richard Eugene Harkis Box Elder Trust RAN U0U119AUC • I1111111111111111111111 111111111111111 I I 11111111111111 8171987 su16/R00I 03A2P Weld County, Co 3 of 7R36.00 0 0.00 Steve Moreno Clerk a Reorder • • Lazy SK Limited Partnership, % LLLP BY: �a.X 4..Q ic_e //4J . Ri hard Eugeae/Harkis, Partner Kirk Bryan Harkis, aka Kirk B. Harkis 4"16 1. , 4.4; Richard E. Harkis, aka Richard Huge Harkis .AY 4,:a Connie C. Harkis Harkis Box Elder Trust bYi Kirk Harkis, Trustee • • • April, 2004 by Richard E/ Har My Commission expires: 0 STATE OF COLORADO ) COUNTY OF WELD ) The foregoing instrument was ac April, 2004 by Connie G. Hfrki My Commission expires: STATE OF COLORADO ) COUNTY OF WELD ) N • 111111 1111111111 III1111 III ill111111111 III IIIH IIII IIII 9171867 04/1012004 09:422 Weld County, CO 4 of 7 R 96.00 0 0.00 Steve Moreno Clerk 8 ReooMer STATE OF COLORADO ) COUNTY OP WELD ) • The foregoing instrument was acknowledged before me this 14th day April, 2004 by Richard Eugene Harkis, as Partner of Lazy SK Limited Partnership, LLLP. / 0 My Commission expires: STATE OF COLORADO ) COUNTY OF WELD ) o a The foregoing instrument was April, 2004 by Kirk Bryan Mark My Commission expires: STATE OF COLORADO ) COUNTY OF WELD ) y ublic acknowledged k/a Kitc Public c The foregoing instrument was ac nowledge /k/a 15ic of MELISSA RIND NOTARY PURL C. STATE OP COLORADO MY COMMMIISSION JANVABYlt2008 ES: ore me this 14th day of MELISSA ICING NOTARY PUBLIC, STATE OF COLORADO •e o e a r/:e S'LIRIh•L+.2Pn MELISSA KING NOTARY PUBLIC, STATE OF COLORADO MY COMMISSION EXPIRES: owledged befoiSMMlBTihiNM14th day of ry (Public MELISSA RING NOTARY PUBLIC, STATE OF COLORADO The foregoing instrument was ac owledged be April, 2004 by Kirk Harkis, tae ee of the My Commission expires; C 20 UAMT'LY, g :day of `oM Elder rust. nld/C/7) MELISSA RING NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES: JANUARY 21.2008 • • 1111111111111)111111111III IIIII IIIIOI III IIII IIII 3171367 04115/2004 03.40 Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder Vacant Land LEGAL DESCRIPTION OF DEED DATED April 14, 2004 Parcel 1: • All of Section 32, Township 3 North, Range 64 West of the 6th P.M., The East Half of Section 5; the Southwest Quarter of Section 4; All of Section 8; EXCEPT the West Half of the Southwest Quarter; All of Section 7; The Northwest Quarter and the Southeast Quarter of Section 18, AND All of Section 9, Township 2 North, Range 64 West of the 6th P.M., EXCEPTING THEREFROM a tract of land conveyed to Lone Tree Turkey Farm, Inc., a Colorado corporation, by deed recorded January 21, 1963 in Book 1636 at Page 232, being more particularly described as follows: That Part of SE 1/4 of Section 9, Township 2 North, Range 64 West of the 6th P.M., described as follows: Commencing at the Southeast corner of said Section 9; thence West along the South line of said Section 9 a distance of 1005 feet; thence at right angles North a distance of 825 feet; thence at right angles East a distance of 1005 feet to the East line of said Section 9; thence South along the East line of said Section 9 a distance of 825 feet to Point of Beginning; Also EXCEPTING therefrom a tract of land conveyed to Public Service Company of Colorado by deed recorded November 27, 1964 in Book 528 as Reception No. 1450245, being more particularly described as follows: The North 150 feet of the North 1/2 of Section 9, Township 2 North, Range 64 West of the 6th P.M., Lots A and B of Recorded Exemption No. 1307-14-2-RE2901, recorded July 17, 2002 at Reception No. 2969737, being a part of the North Half of the Northwest Quarter of Section 14, Township 2 North, Range 65 West of the 6th P.M., The Northeast Quarter of Section 11, Township 2 North, Range 65 West of the 6th Y.M., Lots B and C of Corrected Recorded Exemption No. 1307-11-4-RE2897, recorded April 13, 2004 at Reception No. 3170175, being a part of the Southeast Quarter of Section 11, Township 2 North, Range 65 West of the 6th P.M., A part of Section 12, Township 2 North, Range 65 West of the 6th P.M., described as follows: That part of the NW 1/4 beginning at the Northeast corner of said NW 1/4; thence West along the North line of said quarter section a distance of 1320 feet; thence South parallel to the East line of said quarter section a distance of 1320 feet to a point; thence Southeasterly by direct line to a point on the East line of said quarter section 1980 feet South of the Northeast corner of said quarter section; thence North along the East line of said quarter section a distance of 1980 feet to the point of beginning. county of Weld, State of Colorado. Parcel 2: Lot B of Recorded Exemption No. 1307-15-1-R12900, recorded September 21, 2001 at Reception No. 2885252, being a part of the Northeast Quarter of Section 15, Township 2 North, Range 65 West of the 6th P.M., Lot B of Recorded Exemption No. 1305-17-3 RE -3467, recorded February 6, 2003 at Reception No. 3030816, being a part of the East Half of the Southwest Quarter of Section 17, Township 2 North, Range 64 West of the 6th P.M., AND The South Thirty feet of the East Half of the Southwest Quarter of section 17, --Continued-- Fdex OO22129A04 • • • 111111011111011111111 III 1110 111l1ll 3171367 04118/4004 03:42P Wild County, CO 8 of 7 R 36,00 D 0,00 Steve Moreno Clerk 6 Recorder Vacant Land CONTINUATION OF LEOAL DESCRIPTION TO DEED DATED April 14, 2004 Township 2 North, Range 64 West of the 6th Y.M., The North Half of the Northeast Quarter of Section 18, Township 2 North, Range 64 West of the 6th P.M. and Lot B of Recorded Exemption No. 1305 -18 -1 -RE -3731, recorded April 8, 2004 at Reception No. 3169084, being a part of the South Half of the Northeast Quarter of Section 18, Township 2 North, Range 64 West of the 6th P.M., The West Half of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 17 and a part of the Southeast Quarter of the Northwest Quarter of Section 17, Township 2 North, Range 64 West of the 6th P.M., described as follows: Considering the North line of said Section 17 to bear South 89'48'47" West as monumented at the Northwest corner of said Section 17 by a 3/4' rebar with a 2 1/2" aluminum cap P.L.S. 28285, and being monumented at the Northeast corner of said Section 17 by a 1' rebar with a 2 1/2' aluminum cap P.L.S. 13155 and with all bearings contained herein relative thereto; Beginning at the Southeast corner of the Southeast 1/4 of the Northwest 1/4 of said Section 17; Thence along the East line of said Southeast 1/4 of the Northwest 1/4, North 00'26'14' West, a distance of 317.94 feet; Thence North 27'00.36" West, a distance of 537.25 feet; Thence North 04'53'13' West, a distance of 527.46 feet to the North line of the Southeast 1/4 of the Northwest 1/4 of said Section 17; Thence along said North line, South 89'52.24' West, a distance of 1043.97 feet to the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 17; Thence along the West line of the Southeast 1/4 of the Northwest 1/4 of said Section 17, South 00'26'14" East, a distance of 1321.47 feet to the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 17; Thence along the South line of the Southeast 1/4 of the Northwest 1/4 of said Section 17, North 89'55'48' East, a distance of 1325.24 feet to the Point of Beginning. Lot H of Recorded Exemption No. 1305-17-2-RE2827, recorded November 15, 2000 at Reception No. 2806942, being a part of the North Half of Section 17, Township 2 North, Range 64 West of the 6th P.M., Lots A and B of Recorded Exemption No. 1305-8-3 RE -3611, recorded October 16, 2003 at Reception No. 3117680, being the West Half of the Southwest Quarter of Section 8, Township 2 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. Parcel 3: All of Section 2; The North Half of Section 13; The Southeast Quarter of Section 12, Township 2 North, Range 65 West of the 6th P.M., and The Northwest Quarter of Section 12, Township 2 North, Range 65 West of the 6th P.M., except a tract of land described as beginning at the Northeast corner of said quarter section; thence West along the North line of said quarter section a distance of 1,320 feet, thence South parallel to the East line of said quarter section a distance of 1,320 feet to a point; thence Southeasterly by direct line to a point on the East line of said quarter section 1,980 feet South of the Northeast corner of said quarter section; thence North along the East line of said quarter section a distance of 1,980 feet to the point of beginning, also a right of way 20 feet wide along the East line of the South 700 feet of said quarter section. That part of the Northeast Quarter of Section 12, and the South Half of CONTINUED RIDS UO22119A04 Amon 111111111111III oat IRE • 3171307 04/16/2004 03:42P Weld County, CO 7 of 7 R 30.00 D 0,00 Steve Moreno Clerk a Recorder Vacant Land CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED April 14, 2004 Section 1, both in Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the North 1/4 corner of said Section 12; thence South 87'53'39" East along the North line of said Northeast 1/4 of Section 12 on a bearing shown on a survey by Jasper Freese L.S. 4392, dated January 1973, a distance of 248.24.feet to the True Point of Beginning; thence South 00'09'15" West a distance of 1453.15 feet; thence South 30'02'40' East a distance of 1320.85 feet; thence South 86'30'08" East a distance of 1667.16 feet to the Ehst 1/4 corner of said Section 12; thence North 88'30'22' West along the South line of said Northeast 1/4 of Section 12 a distance of 2582.93 feet to the center of said Section 12; thence North 00'16'18' East along the West line of said Northeast 1/4 of Section 12 a distance of 2640.05 feet to said North 1/4 corner of Section 12; thence North 87'53'39" West along the South line of said South 1/2 of Section 1 a distance of 358.53 feet; thence North 75'00'00' East a distance of 391.65 feet; thence South 89'50.00" East a distance of 228.36 feet; thence South 00'09'15' West a distance of 123.00 feet to the True Point of Beginning, County of Weld, State of Colorado. Parcel 4: Lot B of Recorded Exemption No. 1307-12-4-RE1923, recorded December 17, 1996 in Book 1581 at Reception No. 2525400, being a part of the Southwest Quarter of Section 12, Township 2 North, Range 65 West of the 6th P.M., Parcel 5: • • Lot A of Corrected Recorded Exemption No. 1307-11-4-RE2897, recorded April 13, 2004 at Reception No. 3170175, being a part of the Southeast Quarter of Section 11, Township 2 North, Range 65 west of the 6th P.M., County of Weld, State of Colorado TOGETHER WITH all of Grantor's right, title and interest in all minerals of whatsoever kind or character including but without being limited to oil and gas and constituents thereof, in, under, and upon or that might be produced from the herein described lands together with rights of ingress, egress, and access to explore for, remove and mine the same by any means. 111111111111111111111111 III Swill ayj 3171368 01!1112004 03 422 Weld Coonry, CO /JL 1 of 711 36 00 D 0,00 Steve Moreno Clerk d Recorder i\tr k,ns 4uidc'tirns,IcL ,e026x 0Z7, 2247a7d,/t,Z% • (a 3545 QUIT CLAIM DEED THIS DEED, Made this 14th day of April , 2004. between Parcel l: Lazy SR Limited Partnership, LLLP, a Colorado limited liability limited partnership Parcel 2: Kirk Bryan Harkin, also Cont. of the County of Weld and State of Colorado grantor(s), and Perkins Land Si Livestock II, LLC, a Colorado limited liability company ?/oaara970(.7 No v6 whose legal address is P.O. Box 267, Unionville, MO 63565 of the County of Weld and State of Missouri ,grantee(s): WITNESSETH, That the grantor(s), for and in consideration of the sum of SIX MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS, ($6,200,000.00 ), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantee(s), his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grentor(s) has in and to the real property, together with im(rovements, if any, situate, lying and being in the County of Weld . and State of Colorado, described as follows: See Description attached hereto and made a part hereof. alsoknown by street and number as Vacant Land, Hudson, CO TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), his heirs and assigns forever. The singular number shag include the plurel, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantors) has executed this deed on the date set forth above. SEE ATTACHED SIGNATURE PAGE STATE OP COUNTY OP The foregoing instrument was acknowledged before me Otte 14TH day of APRIL 2004 , by SEE ATTACHED NOTARY ACKNOWLEDGEMENTS as. My Commission expires: Witness my hand and official seal. Notary Public Mina Uoari29A0a QUIT CLAIM DEED &talc .tb3(0 I11111111111111111111111III111111111iiiillllllll • 3171968 0411014004 03:44P Weld County, CO 2 of 7 R 30.00 0 0.00 Sieve Moreno Clerk 8 Recorder Vacant Land CONTINUATION OF GRANTOR TO DEED DATED April 14, 2004 known as Kirk B. Harkie Parcel 3: Richard E. Harkis Parcel 4: Richard Eugene Harkis and Connie G. Markle Parcel 5: Markle Box Elder Trust • • Fk0 002212M04 • I Ig131 IM 11 1I III 3�III IN �I� lilt 1l llit 3 of 7 R 36.00 0 0•oo stew Moreno Clark! Recorder Lazy SK Limited Partnership, LLLP BY: Richard Eugene )e*rkis Partner rirkes'r/r7wa'44.4,,7/e.412 / Bryan rkis, aka Kirk B. Harkis .die jilu,�u, d. �.J(" %h. R chard E. Harkis, aka Richard Eug a Harkis 7%24-4;4 Connie G. Harkis Harkis Box Elder Trust by; .7„17/i., Kirk Harkis, Trustee • • • • • • 11111111111IIIII IIIIIII iIIIII �11010111II I dill 4 of 7 8R 36.00 0 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) COUNTY OF WELD ) • The foregoing instrument was acknowledged before me this 14th day of April, 2004 by Richard Eugene Harkin, as Partner of Lazy SK Limited .--P JOgO Partnership, LLLP. � '..........:'ii My Commission expires: /6 /G_n0 461/41?d'l/ r m: CICARY t� otary P c STATE OF COLORADO ) COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 14th day of April, 2004 by Kirk Bryan Rarkis, a/k/a Kirk B. Harkis. My Commission expires: /_07 Notary STATE OF COLORADO ) COUNTY OF WELD ) AAA The foregoing instrument was acknowledged before me this 14th day April, 2004 by Richard E. Harkis, a/k/- Richard Eu_ - Harkis. My Commission expires:/i4 � , /, A / e/.Or Notary STATE OF COLORADO ) COUNTY OF WELD ) is The foregoing instrument was acknowledged before me this 14th April, 2004 by Connie G. Harkis. My Commission expires: /A/•LW -O' l a Notary u lit STATE OF COLORADO COUNTY OF WELD 17 roTARY The foregoing instrument was acknowledged before me this 14th dai CF April, 2004 by Kirk Harkis, as Trustee of the Harki1ox Elder Trust. 4 My Commission expires:/046, Not'ry itetAa • • • I11111111111IIIII1111111IIIIIIII111111111fIIIIIPIE 3171358 04/18/2004 03:42P Weld County, CO 5 of 7 A 35.00 0 0.00 Steve Moreno Clerk & Recorder Vacant Land LEGAL DESCRIPTION OF DEED DATED April 14, 2004 Parcel 1: • All of Section 32, Township 3 North, Range 64 West of the 6th P.M., The East Half of Section 5; the Southwest Quarter of Section 4; All of Section 8; EXCEPT the West Half of the Southwest Quarter; All of Section 7; The Northwest Quarter and the Southeast Quarter of Section 18, AND All of Section 9, Township 2 North, Range 64 West of the 6th P.M., EXCEPTING THEREFROM a tract of land conveyed to Lone Tree Turkey Farm, Inc., a Colorado corporation, by deed recorded January 21, 1963 in Book 1636 at Page 232, being more particularly described es follows: That Part of SE 1/4 of Section 9, Township 2 North, Range 64 West of the 6th P.M., described as follows: Commencing at the Southeast corner of said Section 9; thence West along the South line of said Section 9 a distance of 1005 feet; thence at right angles North a distance of 825 feet; thence at right angles East a distance of 1005 feet to the East line of said Section 9; thence South along the East line of said Section 9 a distance of 825 feet to Point of Beginning; Also EXCEPTING therefrom a tract of land conveyed to Public Service Company of Colorado by deed recorded November 27, 1964 in Book 528 as Reception No. 1450245, being more particularly described as follows: The North 150 feet of the North 1/2 of Section 9, Township 2 North, Range 64 West of the 6th P.M., Lots A and B of Recorded Exemption No. 1307--14-2-RE2901, recorded July 17, 2002 at Reception No. 2969737, being a part of the North Half of the Northwest Quarter of Section 14, Township 2 North, Range 65 West of the 6th P.M., The Northeast Quarter of Section 11, Township 2 North, Range 65 West of the 6th P.M., Lots B and C of Corrected Recorded Exemption No. 1307-11-4-RE2897, recorded April 13, 2004 at Reception No. 3170175, being a part of the Southeast Quarter of Section 11, Township 2 North, Range 65 West of the 6th P.M., A part of Section 12, Township 2 North, Range 65 West of the 6th P.M., described as follows: That part of the NW 1/4 beginning at the Northeast corner of said NW 1/4; thence West along the North line of said quarter section a distance of 1320 feet; thence South parallel to the East line of said quarter section a distance of 1320 feet to a point; thence Southeasterly by direct line to a point on the East line of said quarter section 1980 feet South of the Northeast corner of said quarter section; thence North along the East line of said quarter section a distance of 1980 feet to the point of beginning. County of Weld, State of Colorado. Parcel 2: Lot B of Recorded Exemption No. 1307-15-1-RE2900, recorded September 21, 2001 at Reception No. 2885252, being a part of the Northeast Quarter of Section 15, Township 2 North, Range 65 West of the 6th P.M., Lot B of Recorded Exemption No. 1305-17-3 RE -3467, recorded February 6, 2003 at Reception No. 3030816, being a part of the East Half of the Southwest Quarter of Section 17, Township 2 North, Range 64 West of the 6th P.M., AND The South Thirty feet of the East Half of the Southwest Quarter of Section 17, --Continued-- File. U022129/04 1111111111111111 111111 III 111111111d111 IIII IIIIIIII • CO 5 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder Vacant Land CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED April 14, 2004 Township 2 North, Range 64 West of the 6th P.M., The North Half of the Northeast Quarter of Section 18, Township 2 North, Range 64 West of the 6th P.M. and Lot B of Recorded Exemption No. 1305 -18 -1 -RE -3731, recorded April 8, 2004 at Reception No. 3169084, being a part of the South Half of the Northeast Quarter of Section 18, Township 2 North, Range 64 West of the 6th P.M., The West Half of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 17 and a part of the Southeast Quarter of the Northwest Quarter of Section 17, Township 2 North, Range 64 West of the 6th P.M., described as follows: Considering the North line of said Section 17 to bear South 89'48'47" West as monumented at the Northwest corner of said Section 17 by a 3/4' rebar with a 2 1/2" aluminum cap P.L.S. 28285, and being monumented at the Northeast corner of said Section 17 by a 1' rebar with a 2 1/2' aluminum cap P.L.S. 13155 and with all bearings contained herein relative thereto; Beginning at the Southeast corner of the Southeast 1/4 of the Northwest 1/4 of said Section 17; Thence along the East line of said Southeast 1/4 of the Northwest 1/4, North 00'26'14' West, a distance of 317.94 feet; Thence North 27'00'36" West, a distance of 537.25 feet; Thence North 04'53'13" West, a distance of 527.46 feet to the North line of the Southeast 1/4 of the Northwest 1/4 of said Section 17; Thence along said North line, South 89'52'24' West, a distance of 1043.97 feet to the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 17; Thence along the West line of the Southeast 1/4 of the Northwest 1/4 of said Section 17, South 00'26'14' East, a distance of 1321.47 feet to the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 17; Thence along the South line of the Southeast 1/4 of the Northwest 1/4 of said Section 17, North 89'55'48' East, a distance of 1325.24 feet to the Point of Beginning. Lot B of Recorded Exemption No. 1305-17-2-RE2827, recorded November 15, 2000 at Reception No. 2806942, being a part of the North Half of Section 17, Township 2 North, Range 64 West of the 6th P.M., Lots A and B of Recorded Exemption No. 1305-8-3 RE -3611, recorded October 16, 2003 at Reception No. 3117680, being the West Half of the Southwest Quarter of Section 8, Township 2 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. Parcel 3: All of Section 2; The North Half of section 13; The Southeast Quarter of Section 12, Township 2 North, Range 65 West of the 6th P.M., and The Northwest Quarter of Section 12, Township 2 North, Range 65 West of the 6th P.M., except a tract of land described as beginning at the Northeast corner of said quarter section; thence West along the North line of said quarter section a distance of 1,320 feet; thence south parallel to the East line of said quarter section a distance of 1,320 feet to a point; thence Southeasterly by direct line to a point on the East line of said quarter section 1,980 feet South of the Northeast corner of said quarter section; thence North along the East line of said quarter section a distance of 1,980 feet to the point of beginning, also a right of way 20 feet wide along the East line of the South 700 feet of said quarter section. That part of the Northeast Quarter of Section 12, and the South Half of CONTINUED eas u03n29A0C • 3171368 046612004 03 42P Weld County, 00 7 ol 7 R 3660 0 0.00 Steve Moreno Clerk 8 Recorder Vacant Land CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED April 14, 2004 Section 1, both in Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the North 1/4 corner of said Section 12; thence South 87'53'39" East along the North line of said Northeast 1/4 of Section 12 on a bearing shown on a survey by Jasper Freese L.S. 4392, dated January 1973, a distance of 248.24 feet to the True Point of Beginning; thence South 00'09'15" West a distance of 1453.15 feet; thence South 30'02.40" East a distance of 1320.85 feet; thence South 86'30'08" East a distance of 1667.16 feet to the East 1/4 corner of said section 12; thence North 88'30'22" West along the South line of said Northeast 1/4 of Section 12 a distance of 2582.93 feet to the center of said Section 12; thence North 00'16'18" East along the West line of said Northeast 1/4 of Section 12 a distance of 2640.05 feet to said North 1/4 corner of section 12; thence North 87'53'39" West along the South line of said South 1/2 of Section 1 a distance of 358.53 feet; thence North 75'00'00" East a distance of 391.65 feet; thence South 89'50.00" East a distance of 228.36 feet; thence South 00'09'15" West a distance of 123.00 feet to the True Point of Beginning, County of Weld, State of Colorado. Parcel 4: . Lot B of Recorded Exemption No. 1307-12-4-RE1923, recorded December 17, 1996 in Book 1581 at Reception No. 2525400, being a part of the Southwest Quarter of Section 12, Township 2 North, Range 65 West of the 6th P.M., Parcel 5: Lot A of Corrected Recorded Exemption No. 1307-11-4-RE2897, recorded April 13, 2004 at Reception No. 3170175, being a part of the Southeast Quarter of Section 11, Township 2 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado TOGETHER WITH Well Permit No. 4901, Well Permit No. 10671F, Well Permit #13058, Well Permit #241525, Well Permit No. 4859, Well Permit No. 2380F, Well Permit No. 154774, Well Permit No. 2281F, Well Permit No. 4533, Well Permit #4893, Well Permit #159506, Well Permit #40904F, Well Permit No. 92265, Well Permit No. 63918, Well Permit No. 2044F, Well Permit No. 6611F, Well Permit No. 3150F, Well Permit No. 11038R, Well Permit No. 11038RR, Well Permit No. 237860, and all other water rights, any augmentation rights owned by grantors. Rle# 0022129A04 • • • I 111111 11111 111111111 111111 1111111111 1111 1111 274 3280274 04/25/2005 01:43P weld County, CO 1 of 31 R 156.00 0 960.00 Steve Moreno Clerk & Recorder Special Warranty Deed (HP) This Deed, made as of the 20th day of April, 2005, by and between Perkins Land & Livestock II, LLC, a Colorado limited liability company, as grantor ("Grantor"), and HP Farms LLC, a Colorado limited liability company, whose legal address is 9145 E. Kenyon Avenue, Suite 200, City and County of Denver, State of Colorado, as grantee ("Grantee"), Witnesseth, Grantor, for and in consideration of the sum of Nine Million Five Hundred Thousand Dollars ($9,500,000), 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: See Exhibit A attached hereto and incorporated herein Together with all and singular the hereditaments and appurtenances thereto belonging, or r, in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, •w issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of c, Grantor, either in law or equity, of, in and to the above bargained premises, with the c4 hereditaments and appurtenances, and subject to those matters set forth on Exhibit B attached hereto and made a part hereof by reference. To Have and to Hold the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, its successors and assigns, does covenant and agree that she 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 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. • Perkins Land & Livestock II, LLC, a Colorado limited liability company By: P,r ctWrGliw‘ rtlu:: ho: peutaRAaAc5Ni,&t ,t.t.,Cd olt45 E.. Kc,nyvn , . x''.5,0 PCinvo, Co 4-472-.2..c P. David Perkins, Manager • • • 11111111111111111111111111 iii 111111 I I 11111111111111 3280274 04/25/2005 01:43P Weld County, CO 2 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this (Wk day of April, 2005, by P. David Perkins, as Manager of Perkins Land & Livestock II, LLC, a Colorado limited liability company, on its behalf. My commission expires: I I5/0ES Witness my hand and official seal. (S E AL 2 111111 IIII I NIII VIII III III INI I III IA III Ilul IIII IIN • • • • 3280274 04/25/2005 01:43P Weld County, CO 3 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder Exhibit A to Special Warranty Deed (HP) (Legal Description) 3 • 11111111111 1111111111111111 IIIII 111111 III IIIII III! III! • 4 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder • • • LEGAL DESCRIPTION - PARCEL A SHEET I OF 4 PARCEL A A PARCEL OF LAND BEING THE SOUTHWEST QUARTER OF SECTION 4, THE EAST HALF OF SECTION 5. ALL OF SECTION 7 AND 8, PORTIONS OF SECTION 9, 17 AND 18, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. AND ALL OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 64 WEST OF THE 6TH P.M.. COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 7, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR NORTH 88'34'38" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE NORTH 88'34'38" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88'34'38" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7, A DISTANCE OF 2450.04 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 88'33'53" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 2624.23 FEET TO THE NORTHEAST CORNER OF SAID SECTION 7; THENCE NORTH 88'55'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 8, A DISTANCE OF 2637.26 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 00'36'02" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5, A DISTANCE OF 2623.67 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE NORTH 00'36'02" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2617.72 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 89'00'37" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 32, A DISTANCE OF 2638.29 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 00'24'55" WEST, ALONG THE WEST UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 32. A DISTANCE OF 2629.68 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE NORTH 00'25'26" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 2629.31 FEET TO THE NORTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 88'47'51" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 2635.28 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 88'48'10" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 2634.69 FEET TO THE NORTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 00'29'52" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 2638.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE SOUTH 00'29'48" EASE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 2638.56 FEET TO THE NORTHEAST CORNER OF SECTION 5; THENCE SOUTH 00'14'13" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2616.95 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE NORTH 89'09'35" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 4, A DISTANCE OF 2624.68 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 00'04'11" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2624.85 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 89'13'14" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2616.60 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE SOUTH 00'12'53" EAST. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 9, A DISTANCE OF 150.01 FEET; r Carroll & Lange 2 Prolession l Engineers & Lend Surveyors leuX �Smoutq Union nnBlEO22e 156 `KON3 3031v.,-091200 VAYW.CMAOOLLLIANGE.COM PA3325\EAIIBITS\PARCEL AS.C 0.ORG, SHEET 1 CE 4, PREPARED s/19/05, REV • AIM 111111111111111111018111111111 III 11111 11111111 3280274 04/25/2005 01:43P Weld County, CO 5 al 31 R 156.00 0 950.00 Steve Moreno Clerk & Recorder • • • LEGAL DESCRIPTION - PARCEL A SHEET 2 OF 4 THENCE NORTH 8913'14" EAST, A DISTANCE OF 5235.84 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 01'13'26" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 2493.41 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 01'13'28" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, A DISTANCE CF 1818.33 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN BOOK 1636, PAGE 232 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID PARCEL DESCRIBED IN BOOK 1636, PAGE 232 THE FOLLOWING TWO (2) COURSES; 1) SOUTH 89'40'42" WEST, A DISTANCE OF 1005.00 FEET; 2) SOUTH 01'13'28" EAST. A DISTANCE OF 825.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 89'40'42" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 1658.01 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 89'40'42" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 9, A DISTANCE OF 2663.01 FEET TO THE SOUTHEAST CORNER OF SECTION 8; THENCE SOUTH 88'54'40" WEST, ALONG THE SOUTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 1325.42 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 8; THENCE SOUTH 88'56'39" WEST, ALONG THE SOUTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 8. A DISTANCE OF 800.86 FEET TO THE NORTHEAST CORNER OF THAT RECORDED EXEMPTION NO. 1305-17-2-RE2827 OF THE WELD COUNTY RECORDS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID RECORDED EXEMPTION NO. 1305-17-2-RE2827 THE FOLLOWING THREE (3) COURSES; 1) SOUTH 43'30'34" WEST, A DISTANCE OF 760.92 FEET; 2) SOUTH 28'31'48" WEST, A DISTANCE OF 391.52 FEET; 3) SOUTH 12'08'48" WEST, A DISTANCE OF 451.95 FEET; THENCE NORTH 88'57'32" EAST, A DISTANCE OF 31.74 FEET; THENCE SOUTH 05'44'56" EAST. A DISTANCE OF 527.78 FEET; THENCE SOUTH 27'52'19" EAST. A DISTANCE OF 537.25 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 17: THENCE SOUTH 01'17'57" EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17. A DISTANCE OF 317.94 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17. SAID POINT ALSO BEING THE NORTHEAST CORNER LOT B OF THAT RECORDED EXEMPTION 1305-17-3 RE -3467 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT B RECORDED EXEMPTION 1305-17-3 RE -3467 THE FOLLOWING THREE (3) COURSES; 1) SOUTH 01'19'55" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 17, A DISTANCE OF 2147.26 FEET TO THE NORTHEASTERLY CORNER OF LOT A OF SAID RECORDED EXEMPTION; 2 SOUTH 89'07'59" WEST, AND ALONG SAID LOT A, A DISTANCE OF 466.69 FEET; 3) SOUTH 01'19'55" EAST, AND ALONG SAID LOT A, A DISTANCE OF 466.69 FEET THENCE NORTH 89'07'59" EAST, A DISTANCE OF 466.69 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17; Carroll sL Lange Professional EgSwra L LUM Swveynn aas South tsloor9BBo"°5622$ 156 PH /1l11oa2BB WNW.CNiROLL-LMIGE.COM P:\3325\ EXHIBITS\ PARCEL A,B,C.O.DWO. SHEET 2 OF 4, PREPARED 4/19/05, REV, • 111111111111111011111111111111111111111111111111111111 • • • 3280274 04/25/2005 01:43P Weld County, CO 6 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder LEGAL DESCRIPTION - PARCEL A SHEET 3 OF 4 THENCE SOUTH 01'19'55" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE SOUTH 89'07'59" WEST, ALONG THE SOUTH LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1325.58 FEET TO THE WEST SIXTEENTH CORNER OF SECTION 17; THENCE SOUTH 89'07'27" WEST, ALONG THE SOUTH LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1295.52 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 51; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 51, AND PARALLEL WITH THE WEST LINE OF SECTION 17, THE FOLLOWING TWO (2) COURSES; 1) NORTH 01'19'00" WEST, A DISTANCE OF 2640.25 FEET; 2) NORTH 01'19'32" WEST, A DISTANCE OF 1319.95 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1305-17-2-RE2827 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT A, RECORDED EXEMPTION NO. 1305-17-2-RE2827 THE FOLLOWING THREE (3) COURSES; 1) NORTH 88'58'47" EAST, A DISTANCE OF 630.00 FEET; 2) NORTH 01'18'51" WEST, A DISTANCE OF 330.00 FEET; 3) SOUTH 88'58'47" WEST, A DISTANCE OF 630.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 51; THENCE NORTH 01'18'51" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND PARALLEL WITH THE WEST LINE OF SECTION 17, A DISTANCE OF 990.08 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 8; THENCE SOUTH 88'54'43" WEST, ALONG SAID SOUTH UNE, A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE SOUTH 88'46'35" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 51; THENCE SOUTH 01'18'51" EAST, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 51 AND PARALLEL WITH THE EAST LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, A DISTANCE OF 1319.40 FEET TO THE NORTH SIXTEENTH CORNER OF SECTION 18; THENCE SOUTH 01.19'32" EAST, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 51 AND PARALLEL WITH THE EAST LINE OF THE SOUTH HALF OF THE NORTHEAST OUARTER OF SECTION 18. A DISTANCE OF 720.15 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1305-18-1 RE -3731 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT A, RECORDED EXEMPTION NO. 1305-18-1 RE -3731, THE FOLLOWING THREE (3) COURSES; 1) SOUTH 88'56'49" WEST, A DISTANCE OF 362.81 FEET; 2) SOUTH 01'19'32" EAST, A DISTANCE OF 600.32 FEET; 3) NORTH 88'56'49" EAST, A DISTANCE OF 362.81 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 51; THENCE SOUTH 01'19'00" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 51 AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 18, A DISTANCE OF 2639.92 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18; THENCE SOUTH 89'07'45" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 2605,71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 18; Carroll & Lange Professional Engineers & Lena Suroesto 155 South Union d0 156 155 So 0 OWon06200]6 ICt.( J 9g0.09,, ?AMC CAAAlIHIIROLL1AMfE.GOII P:\1325\POlPWtS\PARCEL A&C OWC. SHEET 3 OF 4, PREPARED 4/10/05, REV. • • • • 1111111 11111 11111 1111111 11111111111111111 1111111111111 3280274 04/25/2005 01:43P Weld County, CO 7 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder • LEGAL DESCRIPTION - PARCEL A SHEET 4 OF 4 THENCE NORTH 01'02'20" WEST, ALONG THE WEST UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 2631.61 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 88'56'51" WEST, ALONG THE SOUTH LINE Of THE NORTHWEST QUARTER OF SAID SECTION 18, A DISTANCE OF 2401.45 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY UNE OF WELD COUNTY ROAD NO. 49; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49, THE FOLLOWING THREE COURSES; 1) NORTH 00'33'56" WEST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 18, A DISTANCE OF 2625.90 FEET; 2) NORTH 00'30'34" WEST AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 7, A DISTANCE OF 2613.01 FEET; 3) NORTH 00'30'29" WEST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, A DISTANCE OF 2612.77 FEET TO THE POINT OF BEGINNING. CONTAINING 3707.29 ACRES OF LAND, MORE OR LESS. Carroll sL Lange P,geaviwl Engineer. S Lend Surveyor. 165 SPUM Union Blvd., Soil, 156 PHOONS ((30]1 9 60-0 2200 008 2 wAC:(]03 gm0a9 ECOM P'.\1325\ExHIO,TS\PARCEL A,B.C,D.DWq SHEET 4 0f 4, PREPARED 4/19/05, REV. i 111111IIIIIIIIII INII illlllIIIIIIIIIII IIIIIIII Ills Itll 3280274 04/26/2005 01:43P Weld County, CO 8 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder LEGAL DESCRIPTION - PARCEL B SHEET 1 OF 1 PARCEL B A PARCEL OF LAND BEING A PORTION OF THE NORTH HALF OF SECTION 13. TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 13, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR NORTH 88'34'38" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO THENCE NORTH 00'08'26" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 13, A DISTANCE OF 2619.05 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES; 1) SOUTH 89'36'47" EAST AND PARALLEL WITH THE NORTH SECTION 13, A DISTANCE OF 2595.70 FEET; 2) SOUTH 89'36'40" EAST AND PARALLEL WITH THE NORTH NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 1297 3) SOUTH 89'37'04" EAST AND PARALLEL WITH THE NORTH NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 1267. RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49; LINE OF THE NORTHWEST OUARTER OF LINE OF THE WEST HALF OF THE .47 FEET; LINE OF THE EAST HALF OF THE 82 FEET TO A POINT ON THE WESTERLY THENCE SOUTH 00'33'56" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 2595.92 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 13; THENCE NORTH 89'49'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 2573.51 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH 89'55'19" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13. A DISTANCE OF 2606.57 FEET TO THE POINT OF BEGINNING. SAO PARCEL CONTAINS 309.35 ACRES, MORE OR LESS. Carroll a Lange Professional Engine's 8 Una Some= 155 Spurn Union WO.. SRIM 156 UMw cplaio*80226 PHONE: j03 960-0200 TAYsiFAIL .C 1 ROLL-LANGE.CQM P:\3325\EIoliMIS\PARCEL A.S.C.8.UMG. SHEET 1 OF 1, PREPARED 4/18/05, R • • • • 1111111 111111111111111 111111111 RHIN ILII 11111111 3280274 04/25/2006 01:43P Weld County, CO 9 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder • LEGAL DESCRIPTION - PARCEL C SHEET 1 OF 1 PARCEL C A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 14 AND THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 15, AND CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 15 TO BEAR NORTH 00'31'05" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE NORTH 00'31'05" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, A DISTANCE OF 2625.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22: THENCE NORTH 89'38'18" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 15, A DISTANCE OF 1906.02 FEET TO A POINT ON THE BOUNDARY OF LOT A RECORDED EXEMPTION NO. 1307 -15 -1 -RE -2900 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT A RECORDED EXEMPTION NO, 1307 -15 -1 -RE -2900 THE FOLLOWING THREE COURSES; 1) SOUTH 55'02'18" EAST, A DISTANCE OF 693.65 FEET; 2) NORTH 0014'46" WEST, A DISTANCE OF 72.06 FEET; 3) NORTH 89'38'18" EAST, A DISTANCE OF 200.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, SAID POINT ALSO BEING ON THE WESTERLY BOUNDARY OF PARCEL A RECORDED AT BOOK 995, RECEPTION NO. 1926403 OF THE WELD COUNTY RECORDS; THENCE SOUTH 0014'46" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 15 AND ALONG SAID PARCEL A, A DISTANCE OF 342.40 FEET; THENCE ALONG SAID BOUNDARY OF PARCEL RECORDED AT BOOK 995, RECEPTION NO. 1926403 THE FOLLOWING THREE COURSES; 1) NORTH 89'45'12" EAST, A DISTANCE OF 147.00 FEET; 2 NORTH 0014'46" WEST, A DISTANCE OF 221.13 FEET; 3 NORTH 44'56'06" EAST, A DISTANCE OF 633.47 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO 22: THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22 THE FOLLOWING TWO (2) COURSES; 1) SOUTH 89'53'06" EAST AND PARALLEL WITH THE NORTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 14, A DISTANCE OF 734.65 FEET; 2) SOUTH 69'52'34" EAST AND PARALLEL WITH THE NORTH LINE OF THE EAST HALF OF THE NORTHwEST QUARTER OF SECTION l4, A DISTANCE OF 554.16 FEET TO A POINT ON THE WESTERLY BOUNDARY OF PARCEL B RECORDED AT BOOK 995, RECEPTION NO. 1926403 OF THE WELD COUNTY RECORDS THENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL B. THE FOLLOWING THREE COURSES; i) SOUTH 55'42'52" EAST, A DISTANCE OF 427.41 FEET; 2) SOUTH 00'20'11" EAST, A DISTANCE OF 30.00 FEET; 3) SOUTH 45'02'37" EAST, A DISTANCE OF 604.58 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 14; THENCE SOUTH 00'20'03" EAST, ALONG SAID EAST LINE OF THE NORTHWEST QUARTER OF SECTION 14, A DISTANCE OF 599.27 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 14; THENCE NORTH 89'54'02" WEST, ALONG THE SOUTH UNE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 14, A DISTANCE OF 2664.25 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 15; THENCE SOUTH 0014'46" EAST, ALONG SAID EAST UNE OF THE NORTHEAST QUARTER OF SECTION 15, A DISTANCE OF 1326.20 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 89'35'05" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 15, A DISTANCE OF 2660.32 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 225.47 ACRES, MORE OR LESS. Carroll & Lange .4 185 Soul In UNm nat,c . ars SuliiLand 156 M s LlMweod, Coloroe 80225 PHONE: (303) 980.0200 PAX, (30 )1 960-0911 WN'N ROLL-LANGE.COM PA3325\EXHIBITS \PARCEL A.8.C.0.O9.G, SHEET I OE ,, PREPARED 4/18/05, REV. • IIIIII IIII 3280274 04/25/2005 01:43P Weld County, CO 10 of 31 R 158.00 0 950.00 Steve Moreno Clerk & Recorder PARCEL D • LEGAL DESCRIPTION - PARCEL D SHEET 1 OF 2 A PARCEL OF LAND BEING A PORTION OF SECTION 1, ALL OF SECTION 2, A PORTION OF THE EAST HALF OF SECTION 11, AND A PORTION OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 8TH P.M. TO BEAR NORTH 88'34'38" EAST. WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO THENCE SOUTH 89'03'34" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, A DISTANCE OF 2537.82 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2; THENCE SOUTH 89'49'07" EAST. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2, A DISTANCE OF 2610.24 FEET TO THE NORTHEAST CORNER OF SAID SECTION 2; THENCE SOUTH 02'07'44" EASE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 2, A DISTANCE OF 2446,69 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 2; THENCE SOUTH 02'07'56" EAST, ALONG THE EAST UNE OF THE SOUTHEAST QUARTER OF SECTION 2, A DISTANCE OF 2616.64 FEET TO THE SOUTHEAST CORNER OF SECTION 2; THENCE SOUTH 88'23'24" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 12, A DISTANCE OF 2212.35 FEET; THENCE NORTH 74'29'42" EAST. ALONG A COURSE IN THE SOUTH HALF OF SAID SECTION 1. A DISTANCE OF 391.46 FEET; THENCE NORTH 89'39'42" EAST, A DISTANCE OF 228.39 FEET; THENCE SOUTH 00'21'03" EAST, A DISTANCE OF 123.02 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 12; THENCE CONTINUING SOUTH 00'21'03" EAST, A DISTANCE OF 1453.13 FEET; THENCE SOUTH 30'32'58" EAST, A DISTANCE OF 1320.85 FEET; THENCE SOUTH 87'00'20" EAST, A DISTANCE OF 1636.76 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 THE FOLLOWING TWO (2) COURSES; 1) SOUTH 00'30'29" EAST AN) PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, A DISTANCE OF 1 06 FEET; 2) SOUTH 00'30'34" EAST AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 7, A DISTANCE OF 2583.26 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22 THE FOLLOWING THREE (3) COURSES; 1) NORTH 89'37'04" WEST AND PARALLEL WITH THE NORTH NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 1267. 2) NORTH 89'36'40" WEST AND PARALLEL WITH THE NORTH NORTHEAST QUARTER OF SECTION 13. A DISTANCE OF 1297. OF THE SOUTHWEST QUARTER OF SECTION 12; 3) NORTH 89'36'47" WEST AND PARALLEL WITH THE NORTH SECTION 13. A DISTANCE OF 2234.48 FEET TO A POINT ON PARCEL OF LAND DESCRIBED IN 8OOK 892. RECEPTION NO. RECORDS; LINE OF THE EAST HALF OF THE 25 FEET; UNE OF THE WEST HALF OF THE 79 FEET TO A POINT ON THE EAST LINE UNE OF THE NORTHWEST QUARTER OF THE EASTERLY BOUNDARY OF THAT 1814338 OF THE WELD COUNTY IR \3323\ERAS \PARCEL A.6.c 0.0 \Carroll & Lange w ProrevlonS En2Mem d LAW $ % t,' 105 South Union Md.. Suite 156 LMaw0O Cowra8o80220 PHONE;(.j82 080-0200 FAG: 1903) -0912 W M.CARRg11ANGE.00M EET I Of 2, PREPARED 4/12/05. RE' • • • • 1111111 11111 11111 11111 11111111111 111111111111111111111 I I I m 3280274 04/25(2005 01:43P Weld County, CO 11 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder LEGAL DESCRIPTION - PARCEL D SHEET 2 OF 2 THENCE ALONG SAID BOUNDARY OF SAID PARCEL THE FOLLOWING THREE (3) COURSES; 1) NORTH 00'23'13" EAST, A DISTANCE OF 360.00 FEET; 2) NORTH 89'36'47" WEST, A DISTANCE OF 360.00 FEET; 3) SOUTH 00'23'13" WEST, A DISTANCE OF 360.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE NORTH 89'36'47" WEST. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF 0.94 FEET TO A POINT ON THE EAST UNE OF THE SOUTHEAST QUARTER OF SECTION 11, SAID POINT ALSO BEING A POINT ON THE EASTERLY BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1307-11-4-AMRE-586 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1307-11-4- MARE -586, THE FOLLOWING THREE (3) COURSES; 1) NORTH 00'03'07" EAST, A DISTANCE OF 260.00 FEET; 2) NORTH 89'52'39" WEST, A DISTANCE OF 300.00 FEET; 3) SOUTH D0'03'07" WEST, A DISTANCE OF 260.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 22; THENCE NORTH 89'52'39" WEST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 11, AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22, A DISTANCE OF 2362.46 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE NORTH 00'07'19" WEST, ALONG SAID WEST LINE, A DISTANCE OF 2629.89 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 11; THENCE NORTH 00'07'10" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 2660.27 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 11; THENCE SOUTH 89'48'19" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 2, A DISTANCE OF 2677.84 rEET TO THE SOUTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 00'02'04" EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2. A DISTANCE OF 2647.61 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE NORTH 00'25'50" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2. A DISTANCE OF 2480.19 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1425.91 ACRES. MORE OR LESS. EXCEPTING THEREFROM A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 12, AND CONSIDERING THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 00'13'59" EAST. WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 88'59'39" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 00'13'59" WEST, A DISTANCE OF 700.00 FEET; THENCE SOUTH 88'59'39" EAST, A DISTANCE OF 20.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12; THENCE SOUTH 00'13'59" EAST, ALONG SAID EAST UNE, A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING. SAID EXCEPTION PARCEL CONTAINS 0.32 ACRES CONTAINING A NET AREA OF 1425.59 ACRES, MORE OR LESS TOTAL NET AREA OF PARCELS A, 8, C. & 0 IS 5667.70 ACRES, MORE OR LESS Carroll & Lange P,R,Rssbpl Eny'nK,s & land Sun8yo,s 165 Sown Union BN&. Sufis 156 Lriasood.. Colorado 9YUB 1 WNW. C(A' &AL.tN00+GE CDM P:\J325\EXHIBITS\PARCEL A,B.C D.D9C, SHEET 2 OF 2. PREPARED ♦/!9/05, REV. • • • 1111111111111111111111111111111111111111 11111 I I I 111 I 3280274 04/25/2006 01:43P Weld County, CO 12 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder • LEGAL DESCRIPTION - 880AC SHEET 1 OF 1 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: A PARCEL OF LAND BEING A PORTION OF SECTIONS 5, 7 & 8, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE SIXTH P.M., COUNTY OF' WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 7, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7 TO BEAR NORTH 88'34'38" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 88'34'38" EAST, ALONG SAID NORTH LINE A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD N0. 49 BEING THE POINT OF BEGINNING; THENCE NORTH 88'34'38" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2450.04 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 7; THENCE NORTH 88'33'53" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 2624.23 FEET TO THE NORTHEAST CORNER OF SAID SECTION 7; THENCE NORTH 88'55'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 2637.26 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 8; THENCE NORTH 00'36'02" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2623.67 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE NORTH 00'36'02" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 1700.20 FEET; THENCE NORTH 88'59'25" EAST, PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2632.99 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH OO'14'13" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 1699.37 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 00'14'43" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2621.96 FEET TO THE NORTHEAST CORNER OF SAID SECTION 8; THENCE SOUTH 00'12'53" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, A DISTANCE OF 2622.17 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH 88'54'32" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, A DISTANCE OF 2627.98 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH 88'56'54" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8. A DISTANCE OF 2643.93 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE SOUTH 88'40'30" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 2517,05 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE SOUTH 88'40'30" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2414,97 FEET TO A POINT ON THE EASTERLY RIGHT—OF—WAY LINE OF WELD COUNTY ROAD NO. 49; THENCE NORTH 00'30'29" WEST, PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7 AND ALONG SAID EASTERLY RIGHT—OF—WAY LINE, A DISTANCE OF 2612.77 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 880.00 ACRES, MORE OR LESS. Carroll & Lange P,oepenw Engineer a Land Swwyor 165 South Union RM. Suns 156 Lammed Cob do 80228 PHONE: 903 DSD-0mO P tCMR Lt4ft .COM P:\3325\EgM0IT5\PMCCL A,R.C,D.DMG, SHEET 1 OE 1, PREPARED 4/16/05, REV. • • • IIIIIIIIIIII1111111111111111111111111111111111 D 1111111 3280274 04125/2005 01:43P Weld County, CO 13 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder Exhibit B to Special Warranty Deed (HP) (Exceptions) • 1. All taxes and assessments for the year 2005 and subsequent years, a lien, not yet due and payable. 2. 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, recorded October 14, 1889 in Book 86 at Page 273. 3. Mineral Reservations as set forth in United States Patent recorded March 18, 1897 in Book 153 at Page 40. 4. Mineral Reservations as set forth in United States Patent to the Union Pacific Railroad, recorded July 9, 1902 in Book 201 at Page 66. (affects Section 5, 7, 9 and 17) 5. Mineral Reservations as set forth in United States Patent to the Union Pacific Railroad, recorded July 9, 1902 in Book 201 at Page 71. (affects Section 13) 6. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights -of - way for ditches and canals as reserved in United States Patent recorded April 16, 1896 in Book 51 at Page 316, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 12) 7. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights -of - way for ditches and canals as reserved in United States Patent recorded May 17, 1898 in Book 51 at Page 378, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 14) 8. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights -of -way for ditches and canals as reserved in United States Patent recorded February 24, 1904 in Book 132 at Page 127, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 12) 9. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights -of -way for ditches and canals as reserved in United States Patent recorded June 16, 1904 in Book • 7 • • 11111111111 INII 1111110 1111111 111111 III 111111 III VIII 3280274 04125/2005 01:43P Weld County, CO 14 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder 132 at Page 133, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 12) 10. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights -of -way for ditches and canals as reserved in United States Patent recorded February 1, 1909 in Book 132 at Page 232, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 12) 11. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded July 28, 1916 in Book 418 at Page 489. (affects SE 1/4 Section 32) 12. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded October 28, 1919 in Book 507 at Page 430. (affects NW 1/4 Section 32) 13. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded September 16, 1915 in Book 418 at Page 144. (affects NE 1/4 Section 32) 14. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded August 27, 1920 in Book 595 at Page 127. (affects S 1/2 Section 8) 15. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded August 9, 1930 in Book 898 at Page 603. (affects Section 4) 16. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded November 14, 1935 in Book 985 at Page 78. (affects SW 1/4 Section 32) 17. 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 August 8, 1903 in Book 208 at Page 142. and any and all assignments thereof or interests therein. (affects Section 13) 18. 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 October 2, 1908 in Book 233 at Page 174, and any and all assignments thereof or interests therein. (affects Section 11 and 15) • 8 • • • 11111111111111111 11111 till 1 111111 III 111111 III liii ' 3280274 04/25/2005 01:43P Weld County, CO 15 of 31 R 156.00 D 960.00 Steve Moreno Clerk & Records' 19. 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 October 2, 1908 in Book 233 at Page 176, and any and all assignments thereof or interests therein. (affects Section 5, 7 and 17) 20. 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 May 21, 1909 in Book 233 at Page 218, and any and all assignments thereof or interests therein. (affects Section 9) 21. Reservations contained in Deeds from Chicago Title and Trust Company recorded January 16, 1920 in Book 559 at Page 171 and recorded August 17, 1932 in Book 936 at Page 124. (affects E 1/2 & N 1/2 of the NW 1/4 Section 17 and E 1/2 of Section 11 and S 1/2 Section 1) 22. A right-of-way for pipeline, and incidental purposes granted to Continental Oil Company in Book 920 at Page 608, in the instrument recorded September 28, 1931. (affects E 1/2 SE 1/4 Section 32 and N 1/2 NE 1/4 Section 5) 23. A right-of-way for transmission lines, and incidental purposes granted to Public Service Company of Colorado, in the instrument recorded January 23, 1963 in Book 1636 at Page 379. (affects Section 8) 24. A right-of-way for transmission lines, and incidental purposes granted to Public Service Company of Colorado, in the instrument recorded February 1, 1963 in Book 1637 at Page 197. (affects N150 feet Section 11) 25. A right-of-way for transmission lines, and incidental purposes granted to Public Service Company of Colorado, in the instrument recorded February 28, 1963 in Book 1639 at Page 426. (affects Section NW 1/4 NW 1/4 Section 12) 26. Reservations contained in Deed T.J. Luttrell and Dave Steinberg recorded April 1, 1963 in Book 1644 at Page 360. (affects Section 4, S 1/2 Section 8 and Section 9) 27. An undivided one-half interest in all oil, gas and other minerals as reserved by Robert W. Smith in Deed recorded October 24, 1967 in Book 587 at Reception No. 1509149, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 18) 28. An easement for roadway purposes as reserved by Darrell D. Nichols and Betty J. Nichols in Deed recorded April 11, 1969 in Book 608 at Reception No. 1529922. (affects Section 15) • 9 • • 1 11111 1111 11111 11111 11111111111 III 111111 1111111 168001743 280274 04/2512006 Weld County, CO 16 of 31 R 156.00 13019:0700 Steve Moreno Clerk d Recorder 29. A right-of-way for transmission lines, and incidental purposes granted to Public Service Company of Colorado, in the instrument recorded March 21, 1963 in Book 1641 at Page 519. (affects Section 12) 30. Covenant regarding flooding and wastewater as contained in Deed recorded June 10, 1964 in Book 516 at Reception No. 1438220. (affects Section 12) 31. An easement for roadway for ingress and egress and incidental purposes granted to Larry L. Peterson and Louree M. Peterson by the instrument recorded April II, 1969 in Book 608 at Reception No. 1529920. (affects Section 14 and 15) 32. An Oil and Gas Lease, from Edith H. Whiteside as Lessor(s) to Tom Vessels as Lessee(s) dated January 9, 1970, recorded January 26, 1970 in Book 620 at Reception No. 1541882, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 2) 33. An Oil and Gas Lease, from Ada Harkis as Lessor(s) to Tom Vessels as Lessee(s) dated December 2, 1969, recorded January 16, 1970 in Book 620 at Reception No. 1541883, and any and all assignments thereof or interests therein. (affects E 1/2 Section 2) 34. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to Tom Vessels as Lessee(s) dated January 9, 1970, recorded January 26, 1970 in Book 620 at Reception No. 1541884, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 2) 35. An Oil and Gas Lease, from James E. Norris as Lessor(s) to Hal A. McVay as Lessee(s) dated January 28, 1970, recorded March II, 1970 in Book 622 at Reception No. 1543722, and any and all assignments thereof or interests therein. Extension recorded January 19, 2005 at Reception No. 3254493. (affects Section 32) 36. An Oil and Gas Lease, from H. Alfred Krogh and Lila B. Krogh as Lessor(s) to D.L. Percell as Lessee(s) dated March 17, 1970, recorded April 1, 1970 in Book 623 at Reception No. 1544664, and any and all assignments thereof or interests therein. (affects Section 4 & S 1/2 Section 8) 37. An Oil and Gas Lease, from Lottie Brewer et. al. as Lessor(s) to D.L. Percell as Lessee(s) dated March 18, 1970, recorded April 1, 1970 in Book 623 at Reception No. 1544670, and any and all assignments thereof or interests therein. (affects Section 14) 38. An Oil and Gas Lease, from Lyle V. Cooksey and Elmer L. Barney as Lessor(s) to Highlight Drilling Co. as Lessee(s) dated March 31, 1970, recorded April 24, 1970 in Book 624 at Reception No. 1546102, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 18) 39. An undivided one-half interest in all oil, gas and other minerals conveyed to Edith H. Whiteside by Mineral Deed, recorded May 8, 1970 in Book 625 at Reception No. • 10 • • 1111111 IIIII 1111111111 ��hIIi IIII� Ell MMM MEuRR RRR III 3280274 04/2512005 01:43P Weld County, CO 17 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorde' 1546894, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 2) • 40. An Oil and Gas Lease, from Ada Harkis as Lessor(s) to Tom Vessels as Lessee(s) dated April 20, 1970, recorded May 11, 1970 in Book 625 at Reception No. 1546985, and any and all assignments thereof or interests therein. (affects SE 1/4 NW 1/4 Section 12) 41. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to Tom Vessels as Lessee(s) dated April 20, 1970, recorded May 11, 1970 in Book 625 at Reception No. 1546986, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 12) 42. An Oil and Gas Lease, from Union Pacific Railroad Company as Lessor(s) to Pan American Petroleum Corporation as Lessee(s) dated November 24, 1970, recorded December 21, 1970 in Book 637 at Reception No. 1559258, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 11 and SW 1/4 & SE 1/4 Section 7) 43. An Oil and Gas Lease, from Union Pacific Railroad Company as Lessor(s) to Pan • American Petroleum Corporation as Lessee(s) dated January 8, 1971, recorded February 8, 1971 in Book 640 at Reception No. 1561890, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 15 and NE 1/4 Section 17) 44. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to W.F. Bush as Lessee(s) dated March 16, 1971, recorded April 20, 1971 in Book 644 at Reception No. 1566110, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 12) 45. An Oil and Gas Lease, from Ada Harkis as Lessor(s) to W. F. Bush as Lessee(s) dated March 16, 1971, recorded April 20, 1971 in Book 644 at Reception No. 1566112, and any and all assignments thereof or interests therein. (affects SW 1/4 & NW 1/4 Section 12) 46. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to N.F. Bush as Lessee(s) dated March 16, 1971, recorded May 3, 1971 in Book 645 at Reception No. 1566806, and any and all assignments thereof or interests therein. (affects Section 12) 47. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to N.F. Bush as Lessee(s) dated May 3, 1971, recorded May 3, 1971 in Book 645 at Reception No. 1566808, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 18) 48. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to N.F. Bush as Lessee(s) dated March 26, 1971, recorded May 3, 1971 in Book 645 at Reception No. 1566811, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 18) • 11 • • HUM HOMO 11111(1111111111111 III 111111 III 1111 3280274 04/25/2005 01:43P Weld County, CO 18 of 31 R 156.00 D 950.00 Steve Moreno Clerk d Recorder 49. An Oil and Gas Lease, from R.W. Smith as Lessor(s) to Amoco Production Company as Lessee(s) dated May 12, 1971, recorded June 7, 1971 in Book 647 at Reception No. 1569242, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 18) • 50. An Oil and Gas Lease, from Lyle V. Cooksey and Elmer L. Barney as Lessor(s) to W. F. Bush as Lessee(s), recorded June 16, 1971 in Book 650 at Reception No. 1571736, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 18) 51. An Oil and Gas Lease, from Dave Steinberg as Lessor(s) to Amoco Production Company as Lessee(s) dated September 18, 1971, recorded September 27, 1971 in Book 654 at Reception No. 1575888, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 52. An Oil and Gas Lease, from Joseph T. Luttrell as Lessor(s) to Amoco Production Company as Lessee(s) dated October 1, 1971, recorded November 2, 1971 in Book 656 at Reception No. 1577936, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 53. An Oil and Gas Lease, from James E. Luttrell as Lessor(s) to Amoco Production Company as Lessee(s) dated October 5, 1971, recorded November 15, 1971 in Book 657 at Reception No. 1578659, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 54. An Oil and Gas Lease, from Winifred Stout as Lessor(s) to Amoco Production Company as Lessee(s) dated October 5, 1971, recorded November 15, 1971 in Book 657 at Reception No. 1578660, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 55. An Oil and Gas Lease, from Mary C. Mancini as Lessor(s) to Amoco Production Company as Lessee(s) dated October 13, 1971, recorded November 15, 1971 in Book 657 at Reception No. 1578661, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 56. An Oil and Gas Lease, from Ada Harkis as Lessor(s) to N.F. Bush as Lessee(s) dated March 26, 1971, recorded February 24, 1972 in Book 662 at Reception No. 1584334, and any and all assignments thereof or interests therein. (affects Section 12) 57. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 5, 1972 in Book 669 at Reception No. 1590919. (affects Section 11) 58. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 5, 1972 in Book 669 at Reception No. 1590920. (affects Section 2) • 12 Iniii mu uiii um Ai um ID on III mi 3280274 04/25/2005 01:43P Weld County, CO 19 of 31 R 158.00 D 950.00 Steve Moreno Clerk & Records' 59. An Oil and Gas Lease, from Stanford University as Lessor(s) to Amoco Production Company as Lessee(s) dated March 16, 1972, recorded May 24, 1972 in Book 668 at Reception No. 1590167, and any and all assignments thereof or interests therein. (affects Section 14) 60. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 8, 1973 in Book 693 at Reception No. 1614958. (affects NW 1/4 Section 13) 61. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 8, 1973 in Book 693 at Reception No. 1614959. (affects SE 1/4 Section 12) 62. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Ada Harkis and Champlin Petroleum Company recorded June 15, 1973 in Book 693 at Reception No. 1615378. (affects S 1/2 Section 7) 63. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded September 24, 1973 in Book 700 at Reception No. 1621854. (affects S 1/2 Section 32) • 64. A full interest in all oil, gas and associated liquid hydrocarbons conveyed to Champlin Petroleum Company by Mineral Deed recorded October 9, 1973 in Book 701 at Reception No. 1622687, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 13, Section 15, NE 1/4 Section 9 and NE 1/4 Section 17) 65. An easement for vehicles, livestock, bicycles and pedestrian traffic and incidental purposes as reserved by McCoy Enterprises, Inc., in Deed recorded November 21, 1973 in Book 703 at Reception No. 1625170 and in Deed recorded December 20, 1973 in Book 705 at Reception No. 1626963. (affects N 1/2 NE 1/4 Section 5) 66. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded February 8, 1974 in Book 708 at Reception No. 1629898. (affects NE 1/4 Section 13 and NW 1/4 Section 18) 67. An easement for vehicles, livestock, bicycles and pedestrian traffic and incidental purposes as reserved by McCoy Enterprises, Inc., in Deed recorded April 29, 1974 in Book 713 at Reception No. 1635337. (affects Section 32) 68. A full interest in all oil, gas, and associated liquid hydrocarbons conveyed to Champlin Petroleum Company by Mineral Deed recorded May 2, 1974 in Book 714 at Reception No. 1635744, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 11) 69. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 18, 1974 in Book 717 at Reception No. 1638937. (affects SE 1/4 Section 18) • 13 • 1111111 11111 11111 MIME 1111 III 111111 11 3280274 04/26/2005 01:43P Weld County, CO 20 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder • • 70. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Ada Harkis, et. al. and Champlin Petroleum Company recorded July 11, 1974 in Book 718 at Reception No. 1640399. (affects NE 1/4 Section 13) 71. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded July 17, 1974 in Book 719 at Reception No. 1640754. (affects W 1/2 SW 1/4 & SW 1/4 NW 1/4 Section 17 and NE 1/4 of Section 18) 72. An Oil and Gas Lease, from Lottie Pearl Brewer, et. al. as Lessor(s) to Amoco Production Company as Lessee(s) dated September 6, 1975, recorded September 23, 1975 in Book 749 at Reception No. 1670573, and any and all assignments thereof or interests therein. (affects Section 14) 73. An Oil and Gas Lease, from Alfred H. Krogh and Lila B. Krogh as Lessor(s) to Amoco Production Company as Lessee(s) dated August 7, 1975, recorded January 9, 1976 in Book 757 at Reception No. 1678575, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 74. An Oil and Gas Lease, from Barbara Zaiss as Lessor(s) to Amoco Production Company as Lessee(s) dated November 24, 1975, recorded January 19, 1976 in Book 757 at Reception No. 1679196, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 75. An undivided full interest in all oil, gas and other minerals conveyed to William Murray by Mineral Deed, recorded March 1, 1976 in Book 760 at Reception No. 1682414, and any and all assignments thereof or interests therein. (affects Section 32 except for the NW 1/4) 76. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 21, 1976 in Book 770 at Reception No. 1691728. (affects Section 7) 77. An Oil and Gas Lease, from Stanford University as Lessor(s) to Amoco Production Company as Lessee(s) dated February 11, 1977, recorded April 27, 1977 in Book 796 at Reception No. 1717507, and any and all assignments thereof or interests therein. (affects Section 14) 78. A right-of-way for pipelines, and incidental purposes granted to Panhandle Eastern Pipe Line Company, in the instrument recorded April 25, 1978 at Reception No. 1751447. (affects SE 1/4 Section 18) 79. An Oil and Gas Lease, from Lottie Pearl Brewer, et. al. as Lessor(s) to Amoco Production Company as Lessee(s) dated June 28, 1977, recorded August 4, 1977 in Book 804 at Reception No. 1.726485, and any and all assignments thereof or interests therein. (affects Section 14) • 14 • • • 111111111111 11111 11111 111111 11111 111111 III 1110 11 1111 3280274 04/25/2005 01:43P Weld County, CO 21 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder 80. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded August 3, 1979 in Book 877 at Reception No. 1798851. (affects SW 1/4 Section 7) 81. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard E. Harkis, et. al. and Champlin Petroleum Company recorded January 18, 1980 in Book 893 at Reception No. 1814673. (affects NW 1/4 Section 13) 82. An easement for electrical transmission and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded November 7, 1980 in Book 919 at Reception No. 1840962. (affects Section 9) 83. An easement for electrical transmission and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded December 10, 1980 in Book 922 at Reception No. 1843834. (affects NE 1/4 Section 13) 84. An easement for water carriage and incidental purposes granted to Central Colorado Water Conservancy District by the instrument recorded December 29, 1980 in Book 923 at Reception No. 1845347 and Reception No. 1845349. (affects NW 1/4 Section 13 and SE 1/4 Section 12) 85. An easement for electrical transmission and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded February 11, 1981 in Book 927 at Reception No. 1849433 and re-recorded June 15, 1981 in Book 939 at Reception No. 1860533. (affects Section 7 and SE 1/4 Section 12) 86. An easement for electrical transmission and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded March 2, 1981 in Book 929 at Reception No. 1850966. (affects SW 1/4 SW 1/4 Section 8) 87. A full interest in all oil, gas and other minerals as reserved by Fred Brewer and Ethel Irene Brewer in Deed recorded May 16, 1983 in Book 996 at Reception No. 1927014, and any and all assignments thereof or interests therein. (affects Section 14) 88. Notice of general description of area serviced by Panhandle Eastern Pipe Line Company concerning underground facilities recorded June 26, 1989 in Book 1117 at Reception No. 2058722. (affects Sections 1, 2, 5, 7, 8, 11, 12, 13, 14, 15, 18 and 32) 89. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard Harkis and Charlotte Louise Harkis and Union Pacific Resources Company recorded July 28, 1986 in Book 1239 at Reception No. 2186574. (affects Section 9) • 15 • • INIIII11111011111111it11111EMI III 1111111111111 3280274 04/25/2005 01:43P Weld County, CO 22 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder 90. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard Eugene Harkis, et. al. and Union Pacific Resources Company recorded September 6, 1989 in Book 1243 at Reception No. 2190974. (affects Section 11) 91. Intentionally omitted. 92. An easement for a pipeline and incidental purposes granted to Union Pacific Resources Company by the instrument recorded July 3, 1990 in Book 1268 at Reception No. 2218910. (affects W 1/2 SW 1/4 Section 7) 93. Notice concerning underground facilities of United Power, Inc., formerly Union Rural Electric Association, Inc., recorded January 24, 1991 in Book 1288 at Reception No. 2239296. (affects all Sections) 94. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Sloan L. P. and Union Pacific Resources Company recorded March 30, 1992 in Book 1330 at Reception No. 2282403. (affects NWl/4 NW 1/4 Section 17) 95. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard E. Harkis and Charlotte L. Harkis and Union Pacific Resources Company recorded August 20, 1992 in Book 1348 at Reception No. 2300642. (affects SE 1/4 Section 7) 96. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between William S. Carpenter and Charlene M. Carpenter and Union Pacific Resources Company recorded August 26, 1992 in Book 1348 at Reception No. 2301279. (affects SW 1/4 SW 1/4 Section 17) 97. An easement for a surface facility and incidental purposes granted to Snyder Oil Corporation by the instrument recorded December 14, 1992 in Book 1362 at Reception No. 2314477. (affects SW 1/4 SW 1/4 Section 8) 98. An easement for a pipeline and incidental purposes granted to Swanson & Morris, Ltd. by the instrument recorded December 14, 1992 in Book 1362 at Reception No. 2314478. (affects W 1/2 W 1/2 Section 32 and SE 1/4 Section 7 and W 1/2 SWl/2 Section 8) 99. An easement for a pipeline and incidental purposes granted to Swanson & Morris, Ltd. by the instrument recorded December 14, 1992 in Book 1362 at Reception No. 2314506. (affects SW 1/4 NW 1/4, SW 1/4 SW 1/4, NW 1/4 SW 1/4 Section 17) 100. An easement for a pipeline and incidental purposes granted to Swanson & Morris, Ltd. by the instrument recorded December 14, 1992 in Book 1362 at Reception No. 2314476. (affects W30 feet NW 1/4 NW 1/4 Section 17) • 16 • 1111111 11111 11111 1111 MINE1111111111111111111111 3280274 04/25/2005 01:43P Weld County, CO 23 of 31 R 156.00 0 950.00 Steve Moreno Clerk & Record& 101. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between William S. Carpenter and Charlene M. Carpenter and Union Pacific Resources Company recorded December 16, 1992 in Book 1363 at Reception No. 2314775. (affects SW 1/4 NW 1/4 Section 17) • 102. An undivided full present interest in all oil, gas and other minerals as reserved by Helen H. Hoelscher in Deed recorded June 16, 1993 in Book 1387 at Reception No. 2337298, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 13 and NW 1/4 Section 18) 103. An easement for pipelines and incidental purposes granted to Vessels Gas Processing, Inc. by the instrument recorded July 15, 1994 in Book 1451 at Reception No. 2397704. (affects SW 1/4 Section 32) 104. An easement for two pipelines and incidental purposes granted to Swanson & Morris, LLC by the instrument recorded November 23, 1994 in Book 1468 at Reception No. 2416548, and re-recorded June 22, 1995 in Book 1498 at Reception No. 2443539. (affects 40 foot wide along the south side of N 1/2 Section 9 and south side and west side of Section 2) 105. An easement for two pipelines and incidental purposes granted to Swanson & Morris, LLC by the instrument recorded November 23, 1994 in Book 1468 at Reception No. 2416546. (affects 40 foot wide along the west side of E 1/2 Section 11) 106. An easement for telecommunications facilities and incidental purposes granted to U.S. West Communications, Inc. by the instrument recorded August 8, 1995 in Book 1505 at Reception No. 2450465. (affects NW 1/4 Section 18) 107. An easement for electric facilities and incidental purposes granted to United Power, Inc. by the instrument recorded September 6, 1995 in Book 1510 at Reception No. 2454501. (affects NW 1/4 Section 18) 108. An easement for surface facility and incidental purposes granted to Snyder Oil Corporation by the instrument recorded September 18, 1995 in Book 1511 at Reception No. 2456062. (affects SW 1/4 SE 1/4 Section 2) 109. An easement for access and incidental purposes granted to Snyder Oil Corporation by the instrument recorded September 18, 1995 in Book 1511 at Reception No. 2456063. (affects S 1/2 SW 1/4 & SW 1/4 SE 1/4 Section 2) 110. An easement for surface facility and incidental purposes granted to Snyder Oil Corporation by the instrument recorded September 18, 1995 in Book 1511 at Reception No. 2456064. (affects SW 1/4 SE 1/4 Section 2) Il l . All interest in all oil, gas and other minerals as reserved by Richard E. Harkis and Charlotte Louise Harkis in Deed recorded January 22, 1998 at Reception No. 2590444, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 12) • 17 • • • 111111 111111111111111111N 11111 11111111 1111111111111 3280274 04/25/2005 01:43P Weld County, CO 24 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Benoit( 112. All interest in all oil, as and other minerals as reserved by Richard E. Harkis and Charlotte Louise Harkis in Deed recorded February 9, 1998 at Reception No. 2593368, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 12) 113. An Oil and Gas Lease, from Union Pacific Resources as Lessor(s) to United States Exploration, Inc. as Lessee(s) recorded May 22, 1998 at Reception No. 2614705, and any and all interests therein. (affects NE 1/4 Section 11) 114. An Oil and Gas Lease, from Union Pacific Resources as Lessor(s) to United States Exploration, Inc. as Lessee(s) recorded May 22, 1998 at Reception No. 2614561, and any and all interests therein. (affects NE 1/4 Section 9) 115. An Oil and Gas Lease, from Union Pacific Resources United as Lessor(s) to United States Exploration, Inc. as Lessee(s) recorded May 22, 1998 at Reception No. 2614563, and any and all interests therein. (affects N 1/2 NE 1/4 Section 5) 116. An Oil and Gas Lease, from Union Pacific Resources Company as Lessor(s) to United States Exploration, Inc. as Lessee(s) dated May 15, 1998, recorded May 22, 1998 at Reception No. 2614703, and any and all assignments thereof or interests therein. (affects Section 15) 117. An Oil and Gas Lease, from Union Pacific Resources Company as Lessor(s) to United States Exploration, Inc. as Lessee(s) dated May 15, 1998, recorded May 22, 1998 at Reception No. 2614704, and any and all assignments thereof or interests therein. (affects Section 13) 118. All interest in all oil, gas and other minerals as reserved by Richard E. Harkis and Charlotte Louise Harkis in Deed recorded January 14, 1999 at Reception No. 2666991, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 12) 119. An undivided one-half interest in all oil, gas and other minerals as reserved by Richard E. Harkis and Charlotte L. Harkis in Deed recorded March 3, 1999 at Reception No. 2677396, and any and all assignments thereof or interests therein. (affects all sections except for Section 11,14,15, 17, and NE 1/4, SW 1/4 Section 18) 120. An easement for a telecommunications system and incidental purposes granted to IXC Communication Services, Inc. by the instrument recorded July 21, 1999 at Reception No. 2708232. (affects 20 foot wide strip along the westerly portion of SE 1/4 Section 8) 121. An easement for one pipeline and incidental purposes granted to Resource Gathering Systems by the instrument recorded September 16, 1999 at Reception No. 2721007. (affects E 1/2 Section 12 and E 1/2 NE 1/4 Section 13) 122. An easement for a telecommunications system and incidental purposes granted to IXC Communications Services, Inc. by the instrument recorded September 30, 1999 at • 18 • • 11111 11111 11111 111111 111111111 1111111111111 3280274 04126/2005 01:43P Weld County, CO 25 of 31 R 155.00 0 950.00 Steve Moreno Clerk & Recorder Reception No. 2723854. (affects 20 foot wide strip along the westerly portion of Section 8 and Section 32) • 123. An easement for electric transmission and communications signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded January 20, 2000 at Reception No. 2745475. (affects S 1/2 Sections 1 and 2 and N 1/2 Sections 7, 8, 9) 124. An easement for access and incidental purposes granted to HS Resources, Inc. by the instrument recorded February 26, 2001 at Reception No. 2827961. (affects Section 15) 125. An easement for access and incidental purposes granted to HS Resources, Inc. by the instrument recorded March 26, 2001 at Reception No. 2834928. (affects SE 1/4 Section 18) 126. An easement for pipelines and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded March 28, 2002 at Reception No. 2937516. (affects Sections 17 and 18) 127. Requests for Notification of Surface Development recorded May 28, 2002 at Reception Nos. 2955294, 2955295, 2955296, 2955298, 2955299, 2955300 and 2955283. (affects Sections 5, 7, 9, 17, 11, 13, and 15) 128. An easement for a water pipeline and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded June 7, 2002 at Reception No. 2959240. (affects Sections 7 and 8) 129. An easement for a water pipeline and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded June 7, 2002 at Reception No. 2959238. (affects Section 18) 130. An Oil and Gas Lease, from Lazy SK Limited Partnership as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965397, and any and all assignments thereof or interests therein. (affects Section 4) 131. An Oil and Gas Lease, from Richard Elwood Harkis Estates as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965394, and any and all assignments thereof or interests therein. (affects Section 4) 132. An Oil and Gas Lease, from Charlotte Louise Harkis as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965393, and any and all assignments thereof or interests therein. (affects Section 4) • 19 • • 1111111 11111 Mil I I I I I I I HIE !MEI I 11111111111111 3280274 04/25/2005 01:43P Weld County, CO 26 of 31 R 156.00 0 950.00 Steve Moreno Clerk & Recorder 133. An Oil and Gas Lease, from Charlotte Louise Harkis as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965392, and any and all assignments thereof or interests therein. (affects SE 1/4 & E 1/2 SW 1/4 Section 8) • 134. An Oil and Gas Lease, from Richard Edward Harkis Estate as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965395, and any and all assignments thereof or interests therein. (affects SE 1/4 & E 1/2 SW 1/4 Section 8) 135. An Oil and Gas Lease, from Kirk Bryan Harkis as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965396, and any and all assignments thereof or interests therein. (affects W 1/2 SW 1/4 Section 8) 136. An easement for a water pipeline and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded July 8, 2002 at Reception No. 2967184. (affect Sections 7) 137. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded August 30, 2002 at Reception No. 2984106. (affects NE 1/4 SE 1/4 Section 2) 138. An Oil and Gas Lease, from Paul M. Luttrell as Lessor(s) to Kerr-McGee Rocky Mountain Energy Corporation as Lessee(s) dated June 14, 2002, recorded September 6, 2002 at Reception No. 2985378, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 139. An Oil and Gas Lease, from Mary Kathryn Prideaux as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 4, 2002, recorded September 6, 2002 at Reception No. 2985377, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 140. An Oil and Gas Lease, from Lawrence J. Mancini as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 7, 2002, recorded September 6, 2002 at Reception No. 2985376, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 141. An Oil and Gas Lease, from George J. Mancini Family Trust as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 7, 2002, recorded September 6, 2002 at Reception No. 2985375, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 142. An Oil and Gas Lease, from Daniel J. Mancini as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 7, 2002, recorded September 6, 2002 at • 20 • • 110111011111110111111100111111111111 • 3280274 04/25/2005 01:43P Weld County, CO 27 of 31 R 158.00 D 950.00 Steve Moreno Clerk a Recorde' Reception No. 2985374, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 143. An Oil and Gas Lease, from James F. Keil, et. al. as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 11, 2002, recorded September 6, 2002 at Reception No. 29853 73, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 144. An Oil and Gas Lease, from Virginia M. Luttrell as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985372, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 145. An Oil and Gas Lease, from Eileen Mayer as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No, 2985371, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 146. An Oil and Gas Lease, from Carol Flexer as Lessor(s) to Ken -McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985370, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 147. An Oil and Gas Lease, from Winifred M. Stout as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985369, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 148. An Oil and Gas Lease, from James F. Keil as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 11, 2002, recorded September 6, 2002 at Reception No. 2985368, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 149. An Oil and Gas Lease, from Dolores Simons as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985367, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 150. An Oil and Gas Lease, from Brian Zaiss as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated August 25, 2002, recorded September 10, 2002 at Reception No. 2986498, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 151. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded September 25, 2002 at Reception No. 2290431. (affects SW 1/4 NE 1/4 Section 2) • 21 • • • • 11111111111 VIII INII 11111111111111111 III /111111 II 1111 3280274 04/26/2005 01:43P Weld County, CO 28 of 31 R 158.00 0 950.00 Steve Moreno Clerk & Recorder 152. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded September 25, 2002 at Reception No. 2990432. (affects NE 1/4 SW 1/4 Section 2) 153. An easement for access and incidental purposes granted to Kerr-McGee Rocky Mountain Corporation by the instrument recorded October 22, 2002 at Reception No. 2998189. (affects S 1/2 Section 8) 154. An easement for access and incidental purposes granted to Kerr-McGee Rocky Mountain Corporation by the instrument recorded October 28, 2002 at Reception No. 2999975. (affects Section 15) 155. An easement for access and incidental purposes granted to Kerr-McGee Rocky Mountain Corporation by the instrument recorded October 28, 2002 at Reception No. 2989974. (affects W 1/2 Section 12) 156. An Oil and Gas Lease, from Steven E. Keil as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated October 23, 2002, recorded November 14, 2002 at Reception No. 3005143, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 157. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded November 18, 2002 at Reception No. 3006505. (affects NW 1/4 NW 1/4 Section 2) 158. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded June 4, 2003 at Reception No. 3069198. (affects SW 1/4 SE 1/4 Section 2) 159. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded October 21, 2003 at Reception No. 3119044. (affects SW 1/4 SW 1/4 Section 32) 160. An easement for one pipeline and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded November 10, 2003 at Reception No. 3125077. (affects W 1/2 SW 1/4 Section 8) 161. An easement for one pipeline and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded November 10, 2003 at Reception No. 3125076. (affects W 1/2 SE 1/4 and E 1/2 SW 1/4 Section 8) • 22 111111111111111111111§111111 11111111111E • • • 3280274 04/26/2006 01:43P Weld County, CO 29 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder 162. An easement for one pipeline and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded November 17, 2003 at Reception No. 3127080. (affects W 1/2 SW 1/4 Section 8) 163. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded November 17, 2003 at Reception No. 3127064. (affects NW 1/4 SW 1/4 Section 2) 164. The following items as set forth on the plat of Recorded Exemption No. 1307-12-4- REI923 recorded at Reception No. 2525400, to -wit: a. Notes. b. Right of way for Weld County Road 22. (affects SW 1/4 Section 12) 165. The following items as set forth on the plat of Recorded Exemption No, 1305-17-2- RE2827 recorded at Reception No. 2806942, to -wit: a. Notes. b. Right of way for Weld County Road 51. c. Apparent right of way for Weld County Road 22. (affects NI/2 NW 1/4 & small portion NE 1/4 Section 17) 166. The following items as set forth on the plat of Recorded Exemption No. 1307-15-I- RE2900 recorded at Reception No. 2885252, to -wit: a. Notes. b. Right of way for Weld County Road 22. c. Future ROW reservation. (affects Section 15) 167. The following items as set forth on the plat of Corrected Recorded Exemption No. 1307- 11-4-RE2897 recorded at Reception No. 3170175, to -wit: a. Notes. b. Right of way for Weld County Road 22. c. Future ROW reservation. (affects SE 1/4 Section 11) 168. The following items as set forth on the plat of Recorded Exemption No. 1307-14-2- RE2901 recorded at Reception No. 2969737, to -wit: a. Notes. b. Right of way for Weld County Road 22. c. Future ROW reservation. (affects Section 14) 169. The following items are set forth on the plat of Recorded Exemption No. 1305-8-3- RE3611 recorded at Reception No. 3117680, to -wit: a. Notes. b. Right of way for Weld County Road 22. • 23 i iniii nin 11111 mm uitiiii iuiH iii nii 11111 im • • • 3280274 04/25/2005 01:43P Weld County, CO 30 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder (affects W 1/2 SW1/4 Section 8) 170. The following items are set forth on the plat of Recorded Exemption No. 1305-18-1- RE3731 recorded at Reception No. 3169084, to -wit: a. Notes. b. Right of way for Weld County Road 51. (affects S1/2 NE 1/4 Section 18) 171. Easements and Right of Way of the Ranch Drew Reservoir as shown on the File #768 Map #139436. (affects Section 17) 172. Easement and Right of Way of the Klug Ditch No. 3 as shown on the file #1048 Map #12649. (affects Sections 11, 12 and 32) 173. The effect of the Petition for Class D Irrigation Water Allotment Contract August 2, 2004 at Reception No. 3204729 (affects all of Section 7 and NW 1/4 & NE 1/4 & SE 1/4 Section 12); Reception No. 3204730 (affects NW 1/4 & SW 1/4 Section 12); Reception No. 3204731 (affects Section 14); Reception No. 3204732 (affects NW 1/4 Section 13); Reception No. 3204733 (affects Section 15); and Reception No. 3204734 (affects Section 11) 174. The effect of the Public Service of Colorado map recorded September 8, 1999 at Reception No. 2719192 USR-1236. (affects all Sections) 175. The following items are set forth on the plat of Corrected and Amended Recorded Exemption No. 1307-I 1-4-AMRE586, recorded at Reception No. 2885254 and 3170174, to -wit: a. Notes. b. Right of way for Weld County Road 22. (affects SE 1/4 Section 11) 176. Easements, and roads as shown on the survey recorded May 30, 2000 at Reception No. 2771171. (affects N1/2 NW 1/4 & small portion NE 1/4 Section 17) 177. Terms, conditions, provisions, agreement and obligations specified under the Surface Owner's Agreement by and between William S. Carpenter and Charlene M. Carpenter and Union Pacific Resources Company recorded September 13, 1993 in Book 1401 at Reception No. 2350022. (affects NW 1/4 SW I/4 Section 17) 178. Reservations as contained in deeds recorded March 3, 1999 at Reception No. 2677396 and July 14, 2003 at Reception No. 3083184. (affects the SW 1/4 Section 12) 179. Any rights or interest which may exist or arise by reason of the following facts as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, as Job No. 3325 to wit: • 24 1111111 NIA IIIII IIIII millll IiII III INI INII YII • • • • 3280274 04/25/2005 01:43P Weld County, CO 31 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder (a) Any loss or damage arising from the fact that the fence lines on or near the boundary lines of the property do not coincide with the exact boundary lines of the property. (b) Any easements not disclosed by those public records, which impart constructive notice, and which are not visible and apparent from an inspection of the surface of said land. (c) Any right, title or interest by reason, of the existence of the 8 foot wide, 12 foot wide, 13 foot wide and 15 foot wide dirt or gravel roads, as shown on said survey and more particularly shown as areas of concern items 1 and 2 ( areas of concern affect Section 5) 180. Terms, conditions, provisions, agreements and obligations specified under the Affidavit of Extension of Oil and Gas Lease by production, which was recorded January 19, 2005 at Reception No. 3254493 (affects Section 32) 181. Terms, conditions, provisions, agreements and obligations specified under the Subdivision Exemption No. 151 which was recorded March 2, 1982 at Reception No. 1884437. (affects Section 15) 182. Mortgage from Perkins Land & Livestock II, LLC for the benefit of Bank of Sullivan to secure an indebtedness in the principal sum of $5,800,000, and any other amounts/or obligations secured thereby, recorded April 16, 2004 at Reception No. 3171369. 25 • • • 96° • • 3014960 11/01/2007 04:54P Weld County, CO 1 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Recorder Special Warranty Deed (HP Farms) This Deed, made as of the r day of d CA- O b ey , 2007, by and between HP Farms LLC, a Colorado limited liability company, as grantor ("Grantor"), and HP Farms Holdings LLC, a Colorado limited liability company, whose legal address is 4643 S. Ulster Street, Suite 1300, Denver, Colorado 80237, City and County of Denver, State of Colorado, as grantee ("Grantee"), Witnesseth, Grantor, for and in consideration of the sum of Ten Dollars ($10.00), 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: See Exhibit A attached hereto and incorporated herein. 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 Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, and subject to those matters set forth on Exhibit B attached hereto and made a part hereof by reference. To Have and To Hold the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, its successors and assigns, does covenant and agree that she 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 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. HP Farms LLC, a Colorado ' • 'ted liability company Joel . Farkas, Manager • • • 1111111111111111111111181181111111III VIII IIII IIII 3514960 11/01/2007 04:54P Weld County, CO 2 of 22 R 111 00 D 1260.00 Steve Moreno Clerk & Records STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER • The foregoing instrument was acknowledged before me this ("it day of hr� , 2007, by Joel H. Farkas, as Manager of HP Farms LLC, a Colorado limited liability company, on its behalf. My commission expires: la Ditit2.o to hand and official seal. (C)Isrin Notary Public 1111111111111111111111 ICI IIIII 111111 III IIIII 1111 IIII 3514960 11/01/2007 04:54P Weld County, CO 3 of 22 R 111.00 D 1260.00 Steve Moreno Clerk 8 Recordei Exhibit A to Special Warranty Deed (HP Farms) (Legal Description) PARCEL A: • A PARCEL OF LAND BEING A PORTION OF SECTION 32, TOWNSHIP 3 NORTH, AND A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, BOTH IN RANGE 64 WEST OF THE SIXTH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 32, AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 32 TO BEAR SOUTH 00°29'52" EAST, AS MONUMENTED AT THE NORTHEAST CORNERS OF SAID NORTHEAST QUARTER OF SECTION 32 WITH A 3-3/4" USGS BRASS CM "JR22" AND THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 32 WITH A #5 REBAR WITH "LS 6935", WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 00°29'52" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 2638.79 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE SOUTH 00°29'48" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 2638.56 FEET TO THE NORTHEAST CORNER OF SAID SECTION 5; THENCE SOUTH 00°14'13" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 917.58 FEET; THENCE SOUTH 88°5925" WEST, A DISTANCE OF 2632.99 FEET TO THE WEST LINE OF SAID SECTION 5; THENCE NORTH 00°36'02" WEST, ALONG THE WEST LINE OF SECTION 5, A DISTANCE OF 917.52 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 32; THENCE SOUTH 89°00'37" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 2638.29 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 00°24'55" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST • • • 11111111111111111 IIII ITIIM1111111 MOM IIII 1111 3514960 11/01/2007 04;54P Weld County, CO 4 of 22 R 111.00 0 1260.00 Steve Moreno Clerk & Records QUARTER OF SECTION 32, A DISTANCE OF 2629.68 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 00°25'26" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 2128.53 FEET; THENCE NORTH 89°34'34" EAST, A DISTANCE OF 825.58 FEET; THENCE SOUTH 00°25'26" EAST, A DISTANCE OF 443.34 FEET; THENCE NORTH 89°34'34" EAST, A DISTANCE OF 1417.40 FEET; THENCE NORTH 01°12'09" WEST, A DISTANCE OF 974.51 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 32; THENCE NORTH 88°47'51" EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 32, A DISTANCE OF 405.35 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 88°48'10" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 2634.89 FEET TO THE POINT OF BEGINNING, • SAID PARCEL A CONTAINING A CALCULATED AREA OF 28,420,811. SQUARE FEET OR 652.452 ACRES, MORE OR LESS. TOGETHER WITH; PARCEL B: A PARCEL OF LAND BEING THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTIONS 7 AND 8, AND A PORTION OF SECTION 9, ALL OF TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND A PORTION OF THE SOUTH HALF OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 9 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 TO BEAR SOUTH 01°13'26" EAST, AS MONUMENTED AT BOTH THE NORTHEAST AND SOUTHEAST CORNERS OF SAID NORTHEAST QUARTER OF SECTION 9 WITH 3-1/4" ALUMINUM CAPS WITH "PLS 13155", WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 01°13'26" EAST, ALONG SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 2643.42 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9; • 1111111 11111111111111111111111111111H IIII11 INI ulnl IIIN IINII In 1111111111111 • • • • 3514960 11/01/2007 04:54P Weld County, CO 5 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Recorder THENCE SOUTH 01°13'28" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, DISTANCE OF 1818.33 FEET TO THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN BOOK 1636, PAGE 232 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID PARCEL DESCRIBED IN BOOK 1636, PAGE 232 THE FOLLOWING TWO (2) COURSES: 1. SOUTH 89°40'42" WEST, A DISTANCE OF 1005.00 FEET; 2. SOUTH 01°13'28" EAST, A DISTANCE OF 825,00 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 9; THENCE SOUTH 89°4042" WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 9, A DISTANCE OF 1658.01 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 89°40'42" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 9, A DISTANCE OF 2663.01 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH 88°54'40" WEST, ALONG THE SOUTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 8, A DISTANCE OF 1325.42 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF OF SECTION 8; THENCE SOUTH 88°56'39" WEST, ALONG THE SOUTH LINE OF THE WEST HALF OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 1325.01 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH 88°54'16" WEST, ALONG THE SOUTH LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 1324.96 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF OF SAID SOUTHWEST QUARTER OF SECTION 8; THENCE SOUTH 88°55'10" WEST, ALONG THE SOUTH LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 1325.25 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 8; THENCE SOUTH 88°46'35" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 2609.92 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SAID SECTION 7; THENCE SOUTH 88°47'39" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2409.83 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 7; THENCE NORTH 89°37'04" WEST ALONG THE SOUTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 12, A DISTANCE OF 1297.52 FEET TO THE SOUTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER 111111111111111111 mil mN iiii uii 3514960 11/01/2007 04:54P Weld County, CO 6 of 22 R 111.00 D 1260.00 Steve Moreno Clerk 8 Records OF SECTION 12; • • THENCE NORTH 89°36'40" WEST, ALONG THE SOUTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1297.67 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 12; THENCE NORTH 89°3647" WEST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 2058.77 FEET TO A POINT BEING 536.79 FEET EASTERLY OF THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 12; THENCE NORTH 00°03'07" EAST, PARALLEL WITH AND 536.79 FEET EASTERLY OF THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 2661.61 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12; THENCE SOUTH 88°59'39" EAST, ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 2046.34 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SAID SECTION 12; THENCE SOUTH 89°01'10" EAST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 12, A DISTANCE OF 2582.58 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 88°40'30" EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 7, A DISTANCE OF 2444.97 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 7; THENCE NORTH 88°40'30" EAST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 7, A DISTANCE OF 2617.05 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 8; THENCE NORTH 88°56'54" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 2643.93 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 8; THENCE NORTH 88°54'32" EAST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 2627.98 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 00°12'53" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9, A DISTANCE OF 2622.17 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE NORTH 00°14'43" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 4, A DISTANCE OF 2621.96 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 4; 'THENCE NORTH 89°09'35" EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST • • • • 11111111111 IIIIII /III iitiiii 111111 III 11111 VIII 1III 3514960 11/01/2007 04:54P Weld County, CO 7 of 22 R 111 00 D 1260.00 Steve Moreno Clerk 8 Records' QUARTER OF SAID SECTION 4, A DISTANCE OF 2624.68 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 4; THENCE SOUTH 00°04'11" EAST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 4, A DISTANCE OF 2624.85 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9; THENCE NORTH 89°13'14" EAST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9, A DISTANCE OF 2616.60 FEET TO THE POINT OF BEGINNING, • SAID PARCEL B CONTAINING A CALCULATED AREA OF 73,136,846 SQUARE FEET OR 1,678.991 ACRES, MORE OR LESS. COMBINED PARCEL A AND PARCEL B CONTAIN A CALCULATED AREA OF 101,557,657 SQUARE FEET OR 2331.443 ACRES, MORE OR LESS. 3325, REVISED 09-10-2007 (TO MATCH PARCEL 1 880AC) I nu IIIR I IIIII IIII 111111 mllul I Itl vim it • • • 3514980 11/01/2007 04:54P Weld County, CO 8 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Recordei Exhibit B to Special Warranty Deed (HP Farms) (Permitted Exceptions) 1. Taxes or special assessments for the year 2007, which are not yet due or payable. 2. Any exiting leases or tenancies, and any and all parties claiming by, through or under said lessees. 3. 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, recorded October 14, 1889 in Book 86 at Page 273. 4. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights -of -way for ditches and canals as reserved in United States Patent recorded April 16, 1896 in Book 51 at Page 316, and any and all assignments thereof or interests therein. Affects: SE1/4, Sec.12, T2N, R65W. 5. Mineral Reservations as set forth in United States Patent recorded March 18, 1897 in Book 153 at Page 40. 6. Mineral Reservations as set forth in United States Patent to Union Pacific Railroad recorded July 9, 1902 in Book 201 at Page 66. Affects: Sec. 5, 7 & 9, T2N, R64W. 7. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights -of -way for ditches and canals as reserved in United States Patent recorded February 24, 1904 in Book 132 at Page 127, and any and all assignments thereof or interests therein. Affects: SW1/4 Sec. 12, T2N, R65W. 8. 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 October 2, 1908 at Book 233 at Page 176, and any and all assignments thereof or interests therein. Affects: Sec. 5, 7, T2N, R64W. 9. 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 IIIAI III Rllllllllllllllllllilll III IINI Inl IIII • • 3514960 11/01/2007 04:54P Weld County, CO 9 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Recorder 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 May 21, 1909 in Book 233 at Page 218, and any and all assignments thereof or interests therein. Affects: Sec. 9, T2N, R64W. 10. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded September 16, 1915 in Book 418 at Page 144. Affects: NE1/4 Sec. 32, T3N, R64W. 1.1. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded July 28, 1916 in Book 418 at Page 489. Affects: SE1/4 Sec. 32, T3N, R64W. 12. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded October 28, 1919 in Book 507 at Page 430. Affects: NW1/4 Sec. 32, T3N, R64W. 13. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded August 27, 1920 in Book 595 at Page 127. Affects: S1/2 Sec. 8, T2N, R64W. 14. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded August 9, 1930 in Book 898 at Page 603. Affects: Sec. 4, T2N, R64W. 15. A right-of-way for pipeline, and incidental purposes granted to Continental Oil Company, in the instrument recorded September 28, 1931 in Book 920 at Page 608, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on Cc EA. a(., 2007 as Job No. 3325. Affects: N1/2 NE1/4 & SW1/4 NE1/4 Sec. 5, T2N, R64W. 16. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded November 14, 1935 in Book 985 at Page 78. Affects: SW1/4 Sec. 32, T3N, R64W. 17, A right-of-way for transmission lines, and incidental purposes granted to Public Service Company of Colorado, in the instrument recorded January 23, 1963 in Book 1636 at Page 379, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, • • • 3514960 11/01/2007 04:54P Weld County, CO 10 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Record+ 2 5, revised April 14, 2005, revised April 23, 2007 and last revised on ty 'a4. , 2007 as Job No. 3325. Affects: Sec. 8, T2N, R64W. 18. Reservations contained in Deed T. J. Luttrell and Dave Steinberg recorded April 22, 1963 in Book 1644 at Page 360. Affects: Sec. 4, S1/2 8, 9, T2N, 64W. 19. An Oil and Gas Lease, from James E. Norris as Lessor(s) to Hal A. McVay as Lessee(s) dated January 28, 1970, recorded March 11, 1970 in Book 622 at Reception No, 1543722, and any and all assignments thereof or interests therein. Affidavit of extension of Oil and Gas Lease by Production, recorded January 19, 2005 at Reception No. 3254493. NOTE: Request for Notification of Surface Development recorded April 21, 2006 at Reception No. 3381164. Affects: Sec. N1/2 8, T2N, R64W and Sec. 32, T3N, R64W. 20. An Oil and Gas Lease, from H. Alfred Krogh and Lila B. Krogh as Lessor(s) to D. L. Percell as Lessee(s) dated March 17, 1970, recorded April 1, 1970 in Book 623 at Reception No. 1544664, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1./2 Sec. 8, T2N, R64W. 21. An Oil and Gas Lease, from Ada Harkis as Lessor(s) to Tom Vessels as Lessee(s) dated April 20, 1970, recorded May 11, 1970 in Book 625 at Reception No. 1546985, and any and all assignments thereof or interests therein. Affects: SE1/4 & NW1/4 Sec. 12, T2N, R65W. 22. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to Tom Vessels as Lessee(s) dated April 20, 1970, recorded May 11, 1970 in Book 625 at Reception No. 1546986, and any and all assignments thereof or interests therein. Affects: SW 1/4 Sec. 12, T2N, R65W. 23. An Oil and Gas Lease, from Union Pacific Railroad Company as Lessor(s) to Pan American Petroleum Corporation as Lessee(s) dated November 24, 1970, recorded December 21, 1970 in Book 637 at Reception No. 1559258, and any and all assignments thereof or interests therein. Affects: SE1/4 Sec 5, NW1/4 and SE1/4 Sec 7, T2N, R64W and SE1/4 Sec. 1], T2N, R65W. 24. An Oil and Gas Lease, from Union Pacific Railroad Company as Lessor(s) to Pan American Petroleum Corporation as Lessee(s) dated January 8, 1971, recorded February 8, 1971 in Book 640 at Reception No. 1561890, and any and all assignments thereof or interest therein. 25. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to W. F. Bush as Lessee(s) dated March 16, 1971, recorded April 20, 111111111111111111 liii 111111 IIIIIfui III Int III Iui • • • 3514960 11/01/2007 04:54P Weld County, CO 11 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Record( 1971 in Book 644 at Reception No. 1566110, and any and all assignments thereof or interests therein. Affects: SE1/4 Sec. 12, T2N, R65W. 26. An Oil and Gas Lease, from Ada Harkis as Lessor(s) to W. F. Bush as Lessee(s) dated March 16, 1971, recorded April 20, 1971 in Book 644 at Reception No. 1566112, and any and all assignments thereof or interests therein. Affects: SW1/4 & NW1/4 Sec. 12, T2N, R65W. 27. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to W. F. Bush as Lessee(s) dated March 16, 1971, recorded May 3, 1971 in Book 645 at Reception No. 1566806, and any and all assignments thereof or interests therein. Affects: Sec. 12, T2N, R65W. 28. An Oil and Gas Lease, from Dave Steinberg as Lessor(s) to Amoco Production Company as Lessee(s) dated September 18, 1971, recorded September 27, 1971 in Book 654 at Reception No. 1575888, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1/2 Sec. 8, T2N, R64W. 29. An Oil and Gas Lease, from Joseph T. Luttrell as Lessor(s) to Amoco Production Company as Lessee(s) dated October 1, 1971, recorded November 2, 1971 in Book 656 at Reception No. 1577936, and any and all assignments thereof or interests therein. Affects: Sec. 4 &S1/2 Sec. 8, T2N, R64W. 30. An Oil and Gas Lease, from James E. Luttrell as Lessor(s) to Amoco Production Company as Lessee(s) dated October 5, 1971, recorded November 15, 1971 in Book 657 at Reception No. 1578659, and any and all assignments thereof or interests therein. Affects: Sec.4 &S1/2 Sec. 8, T2N, R64W. 31. An Oil and Gas Lease, from Winifred Stout as Lessor(s) to Amoco Production Company as Lessee(s) dated October 5, 1971, recorded November 15, 1971 in Book 657 at Reception No. 1578660, and any and all assignments thereof or interests therein. Affects: Sec. 4 &S1/2 Sec. 8, T2N, R64W. 32. An Oil and Gas Lease, from Mary C. Mancini as Lessor(s) to Amoco Production Company as Lessee(s) dated October 13, 1971, recorded November 1.5, 1971 in Book 657 at Reception No, 1578661, and any and all assignments thereof or interests therein. Affects: Sec. 4 &S1/2 Sec. 8, T2N, R64W. 33. An Oil and Gas Lease, from Ada Harkis as Lessor(s) to N. F. Bush as Lessee(s) dated March 26, 1971, recorded February 24, 1972 in Book 662 at Reception No. 1584334, and any and all assignments thereof or interests therein. Affects: Sec. 12, T2N, R65W. 34. An easement for a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 8, 1973 in Book 693 at Reception No. 1614959, as set forth on ALTA/ACSM Land Title Survey • • • 1111111 1111 111111IIII 11111111111 mi III 111111 III 1111 3514960 11/01/2007 04.54P ounty, CO 12 0l 22 R 111.00 D 1260.00 Steve Moreno Clerk & Records • prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on alp , 2007 as Job No. 3325. Affects: SE1/4 Sec.12, T2N, R65W. 35. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Ada Harkis and Champlin Petroleum Company recorded June 15, 1973 in Book 693 at Reception No. 1615378. Affects: S1/2 Sec. 7, T2N, R65W and NW1/4 Sec. 7, T2N, R64W. 36. An easement for a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded September 24, 1973 in Book 700 at Reception No. 1621854, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on 4 t�, ")..L , 2007 as Job No. 3325. Affects: S1/2 Sec.32, T3N, R64W. 37. A full interest in all oil, gas and associated liquid hydrocarbons conveyed to Champlin Petroleum Company by Mineral Deed recorded October 9, 1973 in Book 701 at Reception No. 1622687, and any and all assignments thereof or interest therein. Affects: NE1/4 Sec. 9, T2N, R64W. 38. A full interest in all oil, gas, and associated liquid hydrocarbons conveyed to Champlin Petroleum Company by Mineral Deed recorded May 2, 1974 in Book 714 at Reception No. 1635744, and any and all assignments thereof or interest therein. Affects: S 1/2 & NE1/4 Sec. 5 & NE1/4 7, T2N, R64W. 39. An easement for vehicles, livestock, bicycles and pedestrian traffic and incidental purposes as reserved by McCoy Enterprises, Inc., in Deed recorded April 29, 1974 in Book 713 at Reception No. 1635337, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised Marh 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on f} 1L , 2007 as Job No. 3325. Affects: Sec. 32, T3N, R64W. 40. An Oil and Gas Lease, from Barbara Zaiss as Lessor(s) to Amoco Production Company as Lessee(s) dated November 24, 1975, recorded January 19, 1976 in Book 757 at Reception No. 1679196, and any and all assignments thereof or interests therein. Affects: Sec. 4 &S1/2 Sec. 8, T2N, R64W. 41. An Oil and Gas Lease, from Alfred H. Krogh and Lila B. Krogh as Lessor(s) to Amoco Production Company as Lessee(s) dated August 7, 1975, recorded January 9, 1976 in Book 757 at Reception No. 1678575, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1/2 8, T2N, R64W. 42. An undivided full interest in all oil, gas and other minerals conveyed to William Murray by Mineral Deed, recorded March 1, 1976 in Book 760 at Reception • 111111 11111 111111 IIII 111111 0111111 III 111111 III IIII 3514960 11/01/2007 04:54P Weld County, CO 13 of 22 R 111.00 0 1260.00 Steve Moreno Clerk & Records • • • No. 1682414, and any and all assignments thereof or interests therein. Affects: All except the NW1/4 Sec. 32, T3N, R64W. 43. An easement for a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 21, 1976 in Book 770 at Reception No. 1691728, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005 revised April 14, 2005, revised April 23, 2007 and last revised on �i Qt 1(r , 2007 as Job No. 3325. Affects: Sec. 7, T2N, R64W. 44. An easement for a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded August 3, 1979 in Book 877 at Reception No. 1798851, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on a.(o , 2007 as Job No. 3325. Affects: SW1/4 Sec. 7, T2N, R64W. 45. An easement for electrical transmission and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded November 7, 1980 in Book 919 at Reception No. 1840962, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on l6- -+ x1,. , 2007 as Job No. 3325. Affects: Sec. 9, T2N, R64W. 46. An easement for water carriage and incidental purposes granted to Central Colorado Water Conservancy District by the instrument recorded December 29, 1980 in Book 923 at Reception No. 1845347 and Reception No. 1845349, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on R-. , 2007 as Job No. 3325. Affects: SE1/4 Sec. 12, NW1/4 Sec. 13, T2N, 65W. 47. An easement for electrical transmission and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded February 11, 1981 in Book 927 at Reception No. 1849433, re-recorded June 15, 1981 in Book 939 at Reception No. 1860533, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised Marg:131, 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on )-4 . 'at. , 2007 as Job No. 3325. Affects: NE1/4 of Sec. 7, T2N, R64 W and SEl/4 Sec. 12, T2N, R65W. 48. An easement for electrical transmissions and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded March 2, 1981 in Book 929 at Reception No. 1850966, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, I11111111111llllll llll111111 lilt i Ill11111110llll • 3514960 11/01/2007 04:54P Weld County, CO 14 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Records Inc., dated January 28, 2005, revised March 3 , 2005, revised April 14, 2005, revised April 23, 2007 and last revised on J 1. , 2007 as Job No. 3325. Affects: S W 1 /4S W 1/4 Sec.8, T2N, R64W. 49. Notice of general description of area serviced by Panhandle Eastern Pipe Line Company concerning underground facilities recorded June 26, 1986 in Book 1117 at Reception No. 2058722. Affects: Sec. 5, 7 & 8, T2N, R64W, Sec 12, T2N, R65W and Sec 32, T3N, 64W. 50. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard Harkis and Charlotte Louise Harkis and Union Pacific Resources Company recorded July 28, 1989 in Book 1239 at Reception No. 2186574. Affects: Sec. 9, T2N, R64W. 51. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard E. Harkis and Charlotte L. Harkis and Union Pacific Resources Company recorded September 27, 1989 in Book 1245 at Reception No. 2193035. Affects: Sec. 7, T2N, R64W. 52. Notice concerning underground facilities of United Power, Inc., formerly Union Rural Electric Association, Inc., recorded January 24, 1991 in Book 1288 at Reception No. 2239296. Affects: All Sections. • • 53. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard E. Harkis and Charlotte L. Harkis and Union Pacific Resources Company recorded August 20, 1992 in Book 1348 at Reception No. 2300642. Affects: SE1/4 Sec. 7, T2N, R64W. 54. An easement for a surface facility and incidental purposes granted to Snyder Oil Corporation by the instrument recorded December 14, 1992 in Book 1362 at Reception No. 2314477, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on R'�,k, �, 2007 as Job No. 3325. Affects: SW1/4SW1/4 Sec. 8, T2N, 55. An easement for a pipe line and incidental purposes granted to Swanson & Morris, Ltd. by the instrument recorded December 14, 1992 in Book 1362 at Reception No. 2314478, as set forth on ALTA/ACSM Land title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on , is -l‘. 'X., 2007 as Job No. 3325. Affects: W1/2W1/2 Sec. 32, T3N, R64W, SE1/4 Sec.7 WI/2SW1/4 and W1/2NW1/4Sec.8, T2N, R64W. 56. An easement for pipelines and incidental purposes granted to Vessels Gas Processing, Inc. by the instrument recorded July 15, 1994 in Book 1451 at I 111(1 111111111111(111(11111 iimi ini iiup ��f i�Ni ui olio iii iiu • 3514960 11/01/2007 04:54P Weld County, CO 15 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Records Reception No. 2397704, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2905, revised April 14, 2005, revised April 23, 2007 and last revised on , 2007 as Job No. 3325. Affects: SW1/4 Sec. 32, T3N, R64W. 57. An easement for 2 pipelines and incidental purposes granted to Swanson & Morris, LLC by the instrument recorded November 23, 1994 in Book 1468 at Reception No. 2416548 re-recorded June 22, 1995 in Book 1498 at Reception No. 2443539, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on 4,4, 1(0 , 2007 as Job No. 3325. NOTE: Assignment and Conveyance recorded May 10, 2006 at Reception No. 3386843. Affects: 40 foot wide along the south side of the N1/2 of Sec. 9, T2N, R64W. 58. An easement for 2 pipelines and incidental purposes granted to Swanson & Morris, LW by the instrument recorded June 22, 1995 in Book 1498 at Reception No. 2443539, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2905 revised April 14, 2005, revised April 23, 2007 and last revised on Gam`- f\ , 2007 as Job No. 3325. Affects: pt. of Sec.7, 8, T2N, R64W; being 40 foot wide along the South side of the N1/2 Sec. 7&8 and West side of NW1/4 of Sec. 7. 59. The following items as set forth on the plat of Recorded Exemption No. 1307- 12-4- RE1923 recorded December 17, 1996 at Reception No. 2525400, to -wit: a. Notes. b. Right of way for Weld County Road 22. Affects: SW1/4 Sec. 12, T2N, R65W. 60. All interest in all oil, gas and other minerals as reserved by Richard E. Harkis and Charlotte Louise Harkis in Deed recorded January 22, 1998 at Reception No, 2590444, and any and all assignments thereof or interests therein. Affects: SW1/4 Sec. 12, T2N, R65W. 61. All interest in all oil, gas and other minerals as reserved by Richard E. Harkis and Charlotte Louise Harkis in Deed recorded February 9, 1998 at Reception No, 2593368, and any and all assignments thereof or interests therein. Affects: SW1/4 Sec. 12, T2N, R65W. 62. An Oil and Gas Lease, from Union Pacific Resources as Lessor(s) to United States Exploration, Inc. as Lessee(s) recorded May 22, 1998 at Reception No. • • • 11011 11111 3514960 11/01/2007 04:54P Weld County, CO 16 of 22 R 111.00 D 1260.00 Steve Moreno Clerk 3 Record+ 2614561, and any and all assignments and interests therein. Affects: NE1/4 Sec. 9 T2N R64W. 63. An Oil and Gas Lease, from Union Pacific Resources to United States Exploration, Inc. as Lessee(s) Dated May 15, 1998, Recorded May 22, 1998 at Reception No. 2614563, and any and all, assignments thereof and interests therein. Affects: NE1/4 Sec. 5 T2N R64W. 64. All interest in all oil, gas and other minerals as reserved by Richard E. Harkis and Charlotte Louise Harkis in Deed recorded January 14, 1999 at Reception No, 2666991, and any and all assignments thereof or interests therein. Affects: SW1/4 Sec. 12, T2N, R65W. 65. An undivided one-half interest in all oil, gas and other minerals as reserved by Richard E. Harkis and Charlotte L. Harkis in Deed recorded March 3, 1999 at Reception No. 2677396 and July 14, 2003 at Reception No. 3083184, and any and all assignments thereof or interests therein. Affects: All Sections. 66. An easement for a telecommunications system and incidental purposes granted to IXC Communication Services, Inc. by the instrument recorded July 21, 1999 at Reception No. 2708232, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on 4reA , , 2007 as Job No. 3325. Affects: 20 foot wide strip along the Westerly portion of the SE1/4 Sec. 8, T2N, R64W. 67. The effect of the Public Service Company of Colorado map, recorded September 8, 1999 at Reception No. 2719192 USR-1236. Affects: All Sections. 68. An easement for one pipeline and incidental purposes granted to Resource Gathering Systems by the instrument recorded September 16, 1999 at Reception No. 2721007, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on ≤$ aG, , 2007 as Job No. 3325. 69. An easement for a telecommunications system and incidental purposes granted to IXC Communications Services, Inc. by the instrument recorded September 30, 1999 at Reception No. 2723854, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on 4. -me , 2007 as Job No. 3325. Affects: 20 ft. wide strip along the Westerly portion of Sec.8, T2N, R64W and of Sec. 32, T3N, R64W. • • • • 1111111111111111111 111111II l l 01 I I 1111111 I I 11111 3514960 11/01/2007 04:54P Weld County, CO 17 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Record+ • 70. An easement for electric transmission and communications signals incidental purposes granted to Public Service Company of Colorado by the instrument recorded January 20, 2000 at Reception No. 2745475, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on6 O.1� , 2007 as Job No. 3325. Affects: Secs. 7, 8 & 9, T2N, R 4W. 71. Requests For Notification of Surface Development recorded May 28, 2002 at Reception Nos. 2955294, 2955295 and 2955296. Affects: Sec. 5, 7 and 9, T2N, R64W. 72. An easement for a water pipeline and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded June 7, 2002 at Reception No. 2959240, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised Marc 31, ' 2005, �.revised April 14, 2005, revised April 23, 2007 and last revised on I , 2007 as Job No. 3325. Affects: Sec.7 & 8, T2N, R64W, 73. An Oil and Gas Lease, from Paul M. Luttrell as Lessor(s) to Kerr-McGee Rocky Mountain Energy Corporation as Lessee(s) dated June 14, 2002, recorded September 6, 2002 at Reception No. 2985378, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1/2Sec. 8, T2N, R64W. 74. An Oil and Gas Lease, from Kirk Bryan Harkis as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965396, and any and all assignments thereof or interests therein. Affects: WI/2SW1/4 Sec. 8, T2N, R64W. 75. An Oil and Gas Lease, from Lazy SK Limited Partnership as Lessor(s) to Kerr- McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965397, and any and all assignments thereof or interests therein. Affects: Sec. 4, T2N, R64W. 76. An Oil and Gas Lease, from Richard Elwood Harkis Estate as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965394, and any and all assignments thereof or interests therein. Affects: Sec. 4, T2N, R64W. 77. An Oil and Gas Lease, from Charlotte Louise Harkis as Lessor(s) to Kerr- McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965393, and any and all assignments thereof or interests therein. Affects: Sec. 4, T2N, R64W. • • • 111111111111111111 NEB I 111111111111111 I I 1111111 I I I I 3614960 11/01/2007 04:64P Weld County, CO 18 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Records 78. An Oil and Gas Lease, from Charlotte Louise Harkis as Lessor(s) to Kerr- McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965392, and any and all assignments thereof or interests therein. Affects: SE1/4, E1/2SW1/4 Sec. 8, T2N, R64W. 79. An Oil and Gas Lease, from Richard Edward Harkis Estate as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965395, and any and all assignments thereof or interests therein. Affects: SE1/4, E1/2SW1/4 Sec. 8, T2N, R64W. 80. An Oil and Gas Lease, from Mary Kathryn Prideaux as Lessor(s) to Kerr- McGee Rocky Mountain Corporation as Lessee(s) dated June 4, 2002, recorded September 6, 2002 at Reception No. 2985377, and any and all assignments thereof or interests therein. Affects: Sec. 4 & 51/2 Sec. 8, T2N, R64W. 81. An Oil and Gas Lease, from Lawrence J. Mancini as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 7, 2002, recorded September 6, 2002 at Reception No. 2985376, and any and all assignments thereof or interests therein. Affects: Sec. 4 &S1/2 Sec. 8 T2N R64W. 82. An Oil and Gas Lease, from George J. Mancini Family Trust as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 7, 2002, recorded September 6, 2002 at Reception No. 2985375, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1/2 Sec. 8, T2N, R64W. • 83. An Oil and Gas Lease, from Daniel J. Mancini as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 7, 2002, recorded September 6, 2002 at Reception No. 2985374, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1/2Sec. 8, T2N, R64W. 84. An Oil and Gas Lease, from James F. Keil, et at as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 11, 2002, recorded September 6, 2002 at Reception No. 2985373, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1/2 Sec. 8, T2N, R64W. 85. An Oil and Gas Lease, from Virginia M. Luttrell as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985372, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S:l/2 Sec. 8, T2N, R64W. 86. An Oil and Gas Lease, from Eileen Mayer as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985371, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1/2 Sec. 8, T2N, R64W. • • • 11111111111 IIIIII 1111111111 III IO1 III 111111 III IIII 3514960 11/01/2007 04:54P Weld County, CO 19 of 22 R 111.00 0 1260.00 Steve Moreno Clerk & Records • 87. An Oil and Gas Lease, from Carol Flexer as Lessor(s) to Kerr McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985370, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1/2 Sec. 8, T2N, R64W. 88. An Oil and Gas Lease, from Winifred M. Stout as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985369, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1/2 Sec. 8, T2N, R64W. 89. An Oil and Gas Lease, from James F. Keil as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 11, 2002, recorded September 6, 2002 at Reception No. 2985368, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S 1/2 Sec. 8, T2N, R64W. 90. An Oil and Gas Lease, from Dolores Simons as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985367, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1/2 Sec. 8, T2N, R64W. 91. An Oil and Gas Lease, from Brian Zaiss as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated August 25, 2002, recorded September 10, 2002 at Reception No. 2986498, and any and all assignments thereof or assignments and interests therein. Affects: Sec. 4 & S1/2 Sec. 8, T2N, R64W. 92. An easement for access and incidental purposes granted to Kerr-McGee Rocky Mountain Corporation by the instrument recorded October 22, 2002 at Reception No. 2998189, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on al P, 2007 as Job No. 3325. Affects: S1/2 Sec. 8 T2N R64W. 93. An easement for access and incidental purposes granted to Kerr-McGee Rocky Mountain Corporation by the instrument recorded October 28, 2002 at Reception No. 2989974, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, irevised April 14, 2005, revised April 23, 2007 and last revised on 2007 as Job No. 3325. Affects: W1/2 Sec. 12, T2N, R65W. 94. An Oil and Gas Lease, from Steven E. Keil as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated October 23, 2002, recorded November 14, 2002 at Reception No. 3005143, and any and all assignments thereof or interests therein. Affects: Sec. 4 & S1/2 Sec. 8, T2N, R64W. 95. An easement for a water pipeline and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded July 8, 2002 at Reception 1111111 n11i Miui iiN iiinilllliiIi iii uiiui ii iii • • • • 3514960 11/01/2007 04:54P Weld County, CO 20 of 22 R 111.00 0 1260.00 Steve Moreno Cterk 8 Records No. 2967184, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on < 4 34. , 2007 as Job No. 3325. Affects: Sec.7&8, T2N, R64W. 96. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded October 21, 2003 at Reception No. 3119044. Affects: SW1/4SW1/4 Sec. 32, T3N, R64W. 97. An easement for one pipeline and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded November .10, 2003 at Reception No. 3125076, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on , 2007 as Job No. 3325. Affects: W1/2SE1/4, E1/2SW1/4 Sec. 8, T2 R64W. 98. An easement for one pipeline and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded November 1.0, 2003 at Reception No. 3125077, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on �.(., 2007 as Job No. 3325. Affects: W1/2SW1/4 Sec. 8, T2N, R64W. 99. An easement for one pipeline and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded November 17, 2003 at Reception No, 3127080, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on lar (s. al.., 2007 as Job No. 3325. Affects: W1/2SW1/4 Sec. 8, T2N, R64W. 100. Easement and Right of Way of the Klug Ditch No. 3 as shown on the file #1048 map #12649, as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, revised April 23, 2007 and last revised on 2007 as Job No. 3325. Affects: Sec 11, 12, T2N, R65W and Sec 32, 3T N, R64W. 101. Terms, conditions, provisions, agreements and obligations specified under the unrecorded farm lease, between HP Farms LLC and Perkins Land & Livestock II LLC. Affects: All Sections. • • 111111111111101111111111111111111111111111111111111 3614960 11/01/2007 04:54? Weld County, CO 21 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Record,' • 102. The Following items are set forth on the plat of Recorded Exemption No. 1305- 8-3 RE 3611 recorded October 16, 2003 at Reception No. 3117680 to wit: a. Notes. b. Right of way for Weld County Road 22. Affects: W1/2SW1/4 Sec. 8, T2N, R64W. 103. The effect of the Petition for Class D Irrigation Water Allotment Contract August 2, 2004 at Reception No. 3204729 and Reception No. 3204730. Affects: all of Sec. 7, T2N, R64W NWl/4 & NE1/4 & SE1/4 Sec. 12, T2N, R65W and NW1/4 & SW1/4 Sec. 12, 'UN, R65W. 104. Terms, conditions, provisions, agreements and obligations specified under the Affidavit of Extension of Oil and Gas Lease by production, which was recorded January 19, 2005 at Reception No. 3254493. Affects: Sec. 32, T3N, R64W. 105. Assignment of Oil and Gas Leases and /or Agreements (HP) by and between Perkins Land & Livestock II, LLC, a Colorado limited liability company and HP Farms LLC, a Colorado limited liability company April 25, 2005 at Reception No. 3280278. Note: Royalty Agreement given in connection with the above Assignment of Oil and Gas Lease and/or Agreement recorded April 25, 2005 at Reception No. 3280279. 106. Assignment of Oil and Gas Leases and /or Agreements (HP) by and between Perkins Land & Livestock II, LLC, a Colorado limited liability company and HP Farms LLC, a Colorado limited liability company April 25, 2005 at Reception No. 3280283. Note: Royalty Agreement given in connection with the above Assignment of Oil and Gas Lease and/or Agreement recorded April 25, 2005 at Reception No. 3280279. 107. Terms, conditions, provisions, agreements and obligations specified under the Petition for Class D Irrigation Water Allotment Contract, which was recorded November 2, 2005 at Reception No. 3336946. 108. Terms, conditions, provisions, agreements and obligations specified under the Assignment and Conveyance of rights, title and interests in and to the leases, easements, right-of-ways, permits, and licenses (Unrecorded), by and between BP Pipelines (North America Inc., a Maine corporation and Buckeye NGL Pipe Lines LLC, a Delaware limited liability company, which was recorded May 10, 2006 at Reception No. 3386842. • • S • • I nin 111111 ini iiiiii iitnuii nniii ii iii 3614960 11101/2007 04:54P Weld County, CO 22 of 22 R 111.00 D 1260.00 Steve Moreno Clerk & Records 109. The effect of the inclusion of the subject property in the Pioneer Metropolitan District No. 1, as disclosed by the instrument recorded August 29, 2006 at Reception No. 3415400. Affects: Sec. 7 and 8, T2N, R64W. 110. The effect of the inclusion of the subject property in the Pioneer Metropolitan District No. 2, as disclosed by the instrument recorded August 29, 2006 at Reception No. 3415401. Affects: Sec 7, T2N, R64W. 111. The effect of the inclusion of the subject property in the Pioneer Metropolitan District No. 3, as disclosed by the instrument recorded August 29, 2006 at Reception No. 3415402. Affects: Sec 8 and 9, T2N, R 64W. 112. The effect of the inclusion of the subject property in the Pioneer Metropolitan District No. 4, as disclosed by the instrument recorded August 29, 2006 at Reception No. 3415403. Affects: SW 1/4 Sec 4, E 1/2 Sec 5, T2N, R64W and Sec 32, T3N, R64W. 113. The effect of the inclusion of the subject property in the Pioneer Metropolitan District No. 5, as disclosed by the instrument recorded August 29, 2006 at Reception No. 3415404. Affects: Sec. 12, T2N, R65W. 114. The effect of the inclusion of the subject property in the Pioneer Metropolitan District No. 6, as disclosed by the instrument recorded August 29, 2006 at Reception No. 3415405. Affects: E 1/2 Sec. 12, T2N, R65W and SW 1/4 Sec. 7, T 2N, R64W. 115. Terms, conditions, provisions, agreements and obligations specified under the County of Weld, State of Colorado Long-term Road Maintenance and Improvements Agreement, which was recorded November 30, 2006 at Reception No. 3438390. Affects: Sec. 4, T2N, R64W. 116. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of Agreement by and between United States Exploration, Inc. ("USX") and Perkins Land & Livestock II, LLC, which was recorded May 10, 2007 at Reception No. 3474847. Hello