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Home My WebLink About20081095.tiff PPP • Planned Unit Development (PUD) Final Plat Application FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1313-10-1-02-008 & 1313-10-1-02-009 (12 digit number-found on Tax I.D.informaton,obtainable at the Weld County Assessors Office,or www.co.weld.co.us). (Include all lots being included in the appl,aticn area.If additional space is required,attach an additional sheet) Legal Description Northea;st One-Quarter, Section 10, Township 2 North, Range 68 West Property Address(If Applicable)Western Dairymen Cooperative, Inc. Existing Zone District: MUD Proposed Zone Distric tMUD Total Acreage: 2.228 Proposed#/Lots Western Dairymen Cooperative, Inc. Block 2 Lot 8&9 Average Lot Size: 1 acre Minimum Lot Size: Proposed Subdivision Name: FEE OWNER(S)OF THE PROPERTY(If additional space is required, attach an additional sheet) Name: Frontier Companies, L.L.C. Work Phone#303-772-8348 Home Phone# Email Address: Address: 1700 Kylie Drive. Ste 240 City/State/Zip Code: Longmont,Colorado 80504 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Frontier Companies, L.L.C (Wendell Gene Pickett) Work Phone#303-772-8348 Home Phone Email Address: Address: 1700 Kylie Drive. Ste 240 City/State/Zip Code Longmont, Colorado 80504 UTILITIES: Water: Left Hand Water District Sewer Saint Vrain Sanitation Gas: Kinder Morgan Electric: United Power Phone: Qwest • DISTRICTS: School: Saint Vrain Valley School District Fire: Mountian View Fire Protcetion District Post: United States Postal—Longmont, Colorado I (W e) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a c poration is the fee owner, notarized evidence must be included indicating the gnatory h s th gal aut ity to sign for the corporation. . 6% Signature: Owner or Aut orized Agent ate Signature: Owner or Authorized Agent Date • EXHIBIT 1 1 2008-1095 I • • • Weld County Planning and Zoning Southwest Office 4209 CR 24.5 Longmont, Colorado 80504 Re: Final Plat Submittal - Combining Lot 8 and Lot 9 of Block 2 Western Dairymen Cooperative Inc., Weld County, Colorado This proposed PUD Final Plat is for the combination of two lots, specifically Lots 8 & 9 of Block 2 in the Western Dairymen Cooperative, Inc. Subdivision Weld County, Colorado. This application is solely for the purpose to combine the said two lots together into one lot. This newly formed lot will maintain the same zoning and use as it was originally designed and approved. This final plat is in compliance and meets all criteria as set forth in the change of zone as originally platted 1-21-98 recept #2590085. d Frontier Companies, L.L.C. Date • • • 103 717 Fifth ,Longmont,CO 80501 AveCorporation B303.4 .1031 BB.3fi7 n(�TollaF 303.4 30107(Fax) 031 See Our Exchange Manual at www.1031cpas.com Professionals Email Us - 1031e1031cpas.com APPOINTMENT OF AUTHORIZED AGENT I, Betty L. Marick, Operating Manager of Highland Properties 8407 LLC, hereby appoint Paul Gonzales or JoEllen Gonzales as Authorized Agent to act on behalf of Highland Properties 8407 LLC • with respect to any planning, platting or construction on property described as Lots 8 and 9, Block 2, Western Dairymen Cooperative, Inc.according to the plat recorded January 21, 1998 as Reception No. 2590085, County of Weld, State of Colorado. Highland Properties 8407 LLC Betty L. M rick, Operating Manager Date Colorado Secretary of State -Flied Date and Time: 11/29/2007 04:05 PM • Document processing fee Id Number: 20071543178 If document is filed on paper $125.00 If document is filed electronically" $ 25.00 Document number. 20071543178 Fees&forms/cover sheets are subject to change. To file electronically,access instructions for this form/cover sheet and other information or print copies of filed documents,visit www.sos.state.co.uq and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to§7-90-301,et seq.and§7-80-204 of the Colorado Revised Statutes(C.R.S) 1.Entity name: Highland Properties 8407 LLC (The name of Wiled liabilim compmry nuat comain Me term or abbreviation 'ih,,ted liability company". "ltd.Ilability company" "Rattled liability co.", "Id liability ca.". "limited" "I/e" "I.bc",or"ltd."§7-90-60I.CRS.) 2.Use of Restricted Words(lfany of these terms are contained in an entity name.true ❑ "bank"or"trust"or any derivative thereof name af an entity.trade name or trademark ❑ "credit union" ❑ "savings and loan" slated in this document,mark the applicable ❑ "insurance","casualty","mutual",or"surety" bar): 3.Principal office street address: 1707 N. Main St. Ste. 200 (Street name and number) Longmont CO 80501 (CIO') (State (Postal/Zip Code) United States (Province—ifapplicable) (County—If not US) 4.Principal office mailing address (if different from above): (Street name and number or Post Office Bar hfomadon) (City) Ste) (Postal/Zip Cade) (Province—If applicable) (Comity—final US) 5.Registered agent name (if an individual) Wright David E (Last) (First) (Middle) (Saptr) OR(ire business organization): 6.The person identified above as registered agent has consented to being so appointed. 7.Registered agent street address: 1707 N. Main St. Ste.200 (Street name and number) Longmont CO 80501 (City) - (Sate) (Postal/Zip Cade) • ARTORG LLC Page 1 of 3 Rev.11/16/2005 • 8.Registered agent mailing address (if different from above): (Street name and number or Post Office Box imbrmattan) (City) (Stale) (Posmllap Code) (Province—II-applicable) (Country—ifnot US) 9.Name(s)and mailing address(es) of person(s)forming the limited liability company: (if an individual) Wright David E (Last) (First) (Middle) (Suffix) OR(if a business organization) 1707 N. Main St. Ste. 200 (Street name and number or Past Office Box hfpmation) Longmont COE 80501 (City) Un((L2di States (Pastel/Zip Code) (Pravince-((applicable) (Country-foot US) (if an individual) (Last) (First) (Middle) (ShgTr) OR(if a business organization) • (Street name and number or Post Office Bar infornmdpd) Rio) Urated States (Postal/Zip Code) (Pmvb1ce-((applicable) (Country-fear US) (ifan individual) (Last) (First) (Aliddle) (Sgpir) OR(if a business organization) (Street name and number orr Post gOffice Box h&tarnmtion) (Cary) thing States (Postal/Zip Code) (Province-((applicable) (Country-((not US) (If mare than three persons are forming the limbed liability company,mark this box ❑and include an attachment stating the true names and malting addresses ofall additional personnsfarming the limited liability company) 10,The management of the limited liability company is vested in managers Q✓ OR is vested in the members ❑ 11.There is at least one member of the limited liability company. • ARTORQLLC Page?of) Rev.I1/16/2005 • ! 12.(Optional) Delayed effective date: (maddd4ryryy) 13.Additional information may be included pursuant to other organic statutes such as title 12,C.R.S. If applicable,mark this box D and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 14.Name(s)and address(es)of the individual(s)causing the document to be delivered for filing: Wright David ant) firt) (Middle) (Sq/fir) 1707 N. Main St. (Street tame aid number or Post Office Bas I:damnation) Ste. 200 Longmont CO 80501 • Icha) Ur(iWStates (PostaULip Code) (Province-(fapplkable) (Conan-ifnor US) (the document need not state the trite uwne and address gfenore than one indivklad. However.(fywi wish to state the name and address afany additional individuals causing dm decimate to be delmered for filing mark this bar O and include an attachment stating the name and address ofsucb indhddaaf.) Disclaimer: This form,and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. • ARTORG_LLC Pop 3af3 Rcv.11/16/_005 • • • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Wendell Gene Pickett Frontier Companies,LLC 1700 Kylie Drive,Suite 240 Longmont,Colorado 80501 (Above space for Recorder's use only) STATEMENT OF AUTHORITY This Statement of Authority is executed pursuant to C.R.S. §38-30-172 on behalf of FRONTIER COMPANIES, LLC, a Colorado limited liability company (the "Company"), which has a mailing address of 1700 Kylie Drive, Suite 240, Longmont, Colorado 80501, Attention: Wendell Gene Pickett. Wendell Gene Pickett, as Vice President of Operations of the Company, is authorized to execute instruments conveying, encumbering and otherwise affecting that real property, Northeast rA Section 10, Township 2N, Range 68W, Western Dairymen Cooperative, Block 2 Lot 8 & 9, also known as 3553 & 3595 Stagecoach Road, Longmont, Colorado. • Executed this 3 day of January, 2008. FRONTIER COMPANIES, LLC, a Colorado limited liability company By: Wendell Gene Pickett, V.P. Operations STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) Wendell G. Pickett, as Vice President of Operations of Frontier Companies, LLC, a Colorado limited liability company, acknowledged the foregoing instrument before me this 3 day of 08. ((/� y ;'odWitne§ i hand and official seal. ci:CO II ` ..O © cl'ull‘Cc ' L ' . LOLL_ -is . Ivcr(d r y, \Mt Q.t)ow\W.' 5tnov, Exc,rE 5 -a�. - aciD • • WELD COUNTY ROAD ACCESS INFORMATION SHEET • Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext 3750 Fax: (970) 304-6497 Road File#: - Date: RE#: Other Case#: � - . 1. Applicant Name I CTfl C' -674-97- ..v.z5 , L Address /700 Ay//C 7Y•✓z City ,rt.�neiN— State a Zip moil 2. Address of Location of Access Section t_Township 2. Range (,tB W Subdivision Block 2... a Lot ;CI —1-- Weld County Road #: 1 If 2 Side of Road DistarTce r�mm ea est intersection 2-60 3. Is there an existing access(es)to the property? Yes No 1K # of Accesses 4. Proposed Use: ❑ Permanent 0 Residential/Agricultural 0 Industrial M O Temporary 0 Subdivision 'P• Commercial 0 Other 5. Site Sketch Legend for Access Description: AG = Agricultural t4 W 111 RES = Residential O&G = Oil&Gas D.R = Ditch Road �gec0dckR,n O = House MOM O = Shed r A = Proposed Access — $2 = Existing Access u Ni IS ,2c, ri 7 F . . • OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions O 'Installation Authorized O Information Insufficient Reviewed By: Title: • r -5- DEC-28-2007 FRI 03:25 PM • FAX MO. • P. 05 Report Date: 12/28/2007 03:19PM WELD COUNTY TREASURER Page: 1 • STATEMENT OF TAXES DUE SCHEDULE NO:R7429798 ASSESSED TO: LEHIGH ENTERPRISES ACQUISITION CORP 10220 AMBASSADOR BLVD KANSAS CITY. MO 64153 „ LEGAL DESCRIPTION: WDC LB BLK2 WESTERN DAIRYMEN'S COOPERATIVE INC SUB SITUS:WELD 00000 PARCEL: 131310102008 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 1,562.14 0.00 0.00 1,562.14 0.00 TOTAL L TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 12/28/2007 0.00 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 2341 - Authorlty Mill Levy Amount Values Act I..1 Assessed WELD COUNTY 16.804' 372.89 VACANT LAND 76,! I Il 22.190 SCHOOL DIST RE1J 38.035 844.00 NCW WATER 1.000 22.19 TOTAL 76,E II) 22,190 LEFT HAND WATER 0.000 0.00 MTN VIEW FIRE(BOND 2008) 0.160 3.55 ST VRAIN SANITATION 3.321 73.69 WELD LIBRARY 3261 72.36 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7:817 173.46 TAXES FOR 2006 70.398' 1,562:14 ' 'Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LI .IdiOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE M IA.NEED TO BE • CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTYAND MOBILE HOME E -AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST EE PAID ELY CASH OR CASHII I:5 CHECK. P.O. Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 • f DEC-28-2007 FRI 03:24 PM • FAX NO. • P. 04 NTIrElifd • WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance,the attached State;itmt(s) of Taxes Due,issued by the Weld County Treasurer, are evidence that, as of thi ; date, all property taxes,special assessments and prior tax liens currently due and pay i ale connected with the parcel(s)identified therein have been paid in full. Signed �ea,eL Cg.I.4Date ►al 017 • • • DEC-28-2007 FRI 03:24 PM • FAX Na • P. 03 • WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance,the attached States ient(s) of Taxes Due, issued by the Weld County Treasurer,are evidence that, as of thi i date, all property taxes,special assessments and prior tax liens currently due and pay i ale connected with the parcels)identified✓ie therein have been paid in full. Signed a-&iVett `—V� Date • •• DEC-28-2007 FRI 03:24 PM • FAX N0. • P. 02 Report Date: 12/2812007 03:18PM WELD COUNTY TREASURER Page:1 • STATEMENT OF TAXES DUE SCHEDULE NO:R7429898 ASSESSED TO: LEHIGH ENTERPRISES ACQUISITION CORP 10220 AMBASSADOR BLVD KANSAS CITY, MO 64153 ,.,. LEGAL DESCRIPTION: WDC L9 BLK2 WESTERN DAIRYMENS COOPERATIVE INC SUB SITUS:WELD 00000 PARCEL: 131310102009 SITUS ADD: WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 1,576.22 0.00 0.00 1,576.22 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 12/28/2007 0.00 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 2341 - Authority Mill Levy Amount Values Act all Assessed WELD COUNTY 16.804• 376.26 VACANT LAND 77,2 i II 22,390 SCHOOLDISTRE1J 38.035 851.60 NCW WATER 1.000 22.39 TOTAL 77.2 I!I 22,390 LEFT HAND WATER 0.000 0.00 MTN VIEW FIRE{BOND 2008) 0.160 3.58 ST VRAIN SANITATION 3.321 74.36 WELD LIBRARY 3.261 73.01 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 175.02 TAXES FOR 2006 70.398' 1,576.22 •Credit Levy —, ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LII I MOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE K LL NEED TO BE • CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOME I••AUGUST 1, REAL PROPERTY-AUGUST'I. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAD BY CASH OR CASHIE IHi CHECK. P.O.Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 • • • • Clip-ado Escrow and Title ServiceiLC • 520 Main Street,Suite C Longmont,CO80501 Phone: 303-678-8500 Fax: 303-678-8509 Transmittal Information Date: 01/02/2008 File No: 22179CETWK Property Address 3553&3595 Stagecoach Road,Longmont,CO 80504 Buyer\Borrower Lucky Stars Car Wash,LLC Seller Frontier Companies LLC For changes and updates please contact your Title or Escrow officer(s): Nate Abernathy Kelley M.Abernathy Colorado Escrow and Title Services,LLC Colorado Escrow and Title Services,LLC 520 Main Street,Suite C 520 Main Street,Suite C Longmont,CO80501 Longmont,CO80501 Phone:303-678-8500 Phone:303-678-8500 Fox:303-678-8509 Fax:303-678-8509 Copies Sent to: Buyer: Seller: Lucky Stars Car Wash,LLC Frontier Companies LLC P.O.Box 6428 1700 Kyle Drive#240 Longmont,CO 80502 Longmont,CO 80504 Email:Joandpaulg®yahoo.com • Seller's and Buyer's Agent: Dyer Realty,Inc. 520 Main Street,Suite A Longmont,CO 80501 Attn:Marvin Dyer Copies Sent Version 2-amending effective date Thank you for using Colorado Escrow and Title Services,LLC. • • • • ALTA-COMMITMENT FOR TITLE INSURANCE pr. . 44 Westcor 1.410,1Paa ""'" ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY WESTCOR LAND TITLE INSURANCE COMPANY,a California corporation,herein called the Company for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule,es owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefore,all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. The Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by the subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six(6)months after the effective • date hereof or when the policy or policies committed for shall issue,whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company,but this Commitment shall not be valid or binding until it • bears an authorized Countersignature. IN WITNESS WHEREOF,WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws,effective as of the date of Commitment shown in Schedule A. Issued By: Colorado Escrow and Title Services, WESTCOR TITLE INSURANCE COMPANY LLC HOME OFFICE 520 Main Street,Suite C] 201 N.New York Avenue,Suite 200 Longmont,CO 80501] Winter Park,Florida 32789 Phone:303-678-8500] Telephone:(407)629-5842 die"'--7rv,, u` /4/904) Satt44411 a 'F :$, Pinwlrne ' 14, ^` • f r Ann. keeta- y,;.wcs.• • • 4,inay Q.l I1Er • • • • • CONDITIONS AND STIPULATIONS 1. The term"mortgage",when used herein,shall include deed of trust,trust deed,of other security instrument. 2. If the proposed Insured has acquired actual knowledge of any defect,lien encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge.If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall he only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment.In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations and the Exclusions from Coverage of the form of policy of policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. My action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon • covered by this Commitment must be based an and arc subject to the provisions of this Commitment. STANDARD EXCEPTIONS The policy or policies to be issued will contain exceptions to the following matters unless the same am disposed of to the satisfaction of the Company. I. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records or attaching subsequent to the effect date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment 2. My lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law end not shown by the public records. 3. Any discrepancies,conflicts In boundary lines,encroachments,easements,measurements,variations in area or content,party wells and/or other facts which a correct survey and/or a physical inspection of the premises would disclose. 4. Rights or claims of parties in possession not shown in the public records. 5. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments,then the policy shall contain an additional exception which shall be as follows: Pending disbursement of the hill proceeds of the loan secured by the mortgage insured,this policy only insures the amount actually disbursed,but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest to or for the account of the mortgagor up to the amount of the policy.Such disbursement shall not extend the dale of the policy or change any port thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company. Upon request by the • Insured (and payment of the proper charges thereof), the Company's agent or approved attorney will search the public regards subsequent to the date of the policy and furnish the insured a continuation report showing such matters affecting title to are land as they have appeared in the public records subsequent to the date of the policy or date of the last preceding continuation report,and if such continuation report shows intervening lien,or liens,or interest to or for the account of the mortgagor,then in such even this policy does not increase in liability unless etch matters as actually shown on such continuation report are removed from the public records by the Insured. • • et • • File No: 22179CETWK Version No:2 Colorado Escrow and Title Services, LLC • As agent for Westcor Land Title Insurance Company SCHEDULE A COMMITMENT FOR TITLE INSURANCE 1. Effective Date: December 19,2007, 8:00 am 2. Policy or Policies to be issued: • A. ALTA OWNER'S POLICY $ $415,000.00 Proposed Insured: Lucky Stars Car Wash,LLC B. ALTA LOAN POLICY $ Proposed Insured: Bask Owner $ 639.00 Tax Certificate $ 25.00 • Total: $ 664.00 '. The estate or interest in the land described in this Commitment and covered herein is Fee Simple and title thereto is at the effective date hereof vested in: Frontier Companies LLC • 4. The land referred to in the Commitment is situate in the county of Weld, State of Colorado and is described as follows: LOTS 8 AND 9, • BLOCK 2, WESTERN DAIRYMEN COOPERATIVE,INC. ACCORDING TO THE PLAT RECORDED JANUARY 21, 1998 AS RECEPTION NO.2590085, COUNTY OF WELD, • STATE OF COLORADO. For Informational Purposes Only:3553 &3595 Stagecoach Road,Longmont,CO 80504 Countersigned Colorado Escrow and Title Services,LLC • • By: 0.644EZ0004 • 4 Nate Abernathy ALTA Commitment-Schedule A Page I • File No: 22179CETWK Version No:2 • Westcor Land Title Insurance Company COMMITMENT FOR TITLE INSURANCE SCHEDULE B-SECTION I REQUIREMENTS Effective Date: December 19,2007,8:00am • The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premium, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (d) You must tell us in writing the name of anyone not referred to in this document who will get an interest in the land or who will make a loan on the land.We may then make additional requirements or exceptions relating to the interest or the loan. 40 Statement of authority for Frontier Companies LLC evidencing the existence of the entity and authority of person authorized to execute instruments,conveying,encumbering or otherwise affecting title to real property on behalf of the entity,and containing the other information required by ers 38-30-172, evidencing the existence of said entity on or prior to its acquisition of title to the land herein. (t) Warranty Deed from Frontier Companies LLC to Lucky Stars Car Wash,LLC. (g) Receipt by the company of the attached agreement indemnifying it against unfiled mechanic's and materialmen's liens. • • ettL7 W Commitment-Schedule B-Section!! NOTE:This eammitm tt consists of inset pages labeled in Schedule A,schedule B- Sectionl,end Schedule BSecUon2.This commitment is of no force and effect unless all Page 3 schedules me included,along with any Bider pages incorporated by reference in the Insert pages File No: 22179CETWK Version No: 2 • Westcor Land Title Insurance Company COMMITMENT FOR TITLE INSURANCE SCHEDULE B-SECTION II EXCEPTIONS Effective Date: December 19,2007,8:00am The Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements or claims of easements not shown in the Public Records. 3. Discrepancies,conflicts in boundary lines, shortage in area, encroachments,and any facts which a correct survey and inspection of the land would disclose,and which are not shown by the public record. 4. Any lien,or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed • insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof. 7. Any water rights or claims or title to water, in or under the land,whether or not shown by the public records. 8. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district.Note: Upon verification of payment of all taxes the above exception will be amended to read, "Taxes and assessments for the current year, and subsequent years, a lien not yet due and payable." 9. COVENANTS,CONDITIONS AND RESTRICTIONS WHICH DO NOT CONTAIN FORFEITURE OR REVERTER CLAUSE,OMITTING ANY RESTRICTIONS BASED ON RACE,COLOR,RELIGION OR NATIONAL ORIGIN,CONTAINED IN INSTRUMENT RECORDED APRIL 4,1998 AS RECEPTION NO.2605537. 10. OIL AND GAS LEASE FROM J.P.CAMENISCH AND MARY M. CAMENISCH TO JOHN H.FULL, RECORDED AUGUST 4, 1972 IN BOOK 673 AS RECEPTION NO. 1595014,AND ANY INTERESTS • ALT.!Commitment-Schedule B-Section II NOTE:This commitment consists of insert pages labeled in Schedule A,schedule B- Section!,and Schedule a-aeedonl.This cor mdtment is of no force and effect unless all Page 4 schedules are included,along with any Rider pages incorporated by reference In the insert pages • • File No: 22179CETWK Version No:2 _ • THEREIN,ASSIGNMENTS OR CONVEYANCES THEREOF.SAID LEASE EXTENDED BY AFFIDAVIT RECORDED DECEMBER 13,1976 IN BOOK 784 AS RECKE LION NO.1705724. 11. OIL AND GAS LEASE FROM DAVID E.CAMENISCH AND GLORIA F.CAMENISCH TO AMOCO PRODUCTION COMPANY,RECORDED AUGUST 16,1972 IN BOOK 674 AS RECEPTION NO. 1595713,AND ANY INTERESTS THEREIN,ASSIGNMENTS OR CONVEYANCES THEREOF.SAID LEASE EXTENDED BY AFFIDAVIT OF LEASE EXTENSION RECORDED FEBRUARY 10,1976 IN BOOK 759 AS RECEPTION NO.1680946. 12. RIGHT-OF-WAY EASEMENT FOR PIPELINE PURPOSES AS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY,A DELAWARE CORPORATION BY INSTRUMENT RECORDED DECEMBER 17,1975 IN BOOK 755 AS RECEPTION NO. 1676951, SAID RIGHT-OF-WAY EASEMENT NOT BEING SPECIFICALLY DEFINED. 13. TERMS,CONDITIONS AND PROVISIONS OF SUBDIVISION SERVICE AGREEMENT,BETWEEN ST.VRAIN SANITATION DISTRICT AND WESTERN DAIRYMENT COOPERATIVE,INC. RECORDED AUGUST 19,1997 IN BOOK 1621 AS RECEPTION NO.2564241. 14. TERMS, CONDITIONS AND PROVISIONS OF IMPROVEMENTS AGREEMENT,BETWEEN COUNTY OF WELD AND WESTERN DAIRYMEN COOPERATIVE,INC.RECORDED JANUARY 15, 1998 AS RECEPTION NO.2589475. 15. TERMS,CONDITIONS AND PROVISIONS OF ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT,BETWEEN COUNTY OF WELD AND WESTERN DAIRYMEN COOPERATIVE,INC. • RECORDED JANUARY 15,1998 AS RECEPTION NO.2589476. 16. NOTES AND EASEMENTS AS SHOWN ON THE RECORDED PLAT OF SAID SUBDIVISION. 17. RESERVATION AS CONTAINED IN SPECIAL WARRANTY DEED RECORDED MARCH 26,2007 AS RECEPTION NO.3464140. • Note: Colorado revised statues 10-11-123 requires the following notice: That there is recorded evidence that a mineral estate has been severed,leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third part holds some or all interest in oil,gas,other minerals,or geothermal energy in the property; and That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. • ALTA Camainaens-Schedule B-Section!! 14OTh This commitment consists of insert pages labeled in Schedule A,schedule B- Section I,and Schedule BSectian2.This commitment is of ne faux and effect unless all Page 5 schedules am included,along with any Rider pages incorporated by reference in the insert pages • • ,Taint Notice of Privacy Policy Westcor Land Title Insurance Company and Colorado Escrow and Title Services,LLC Westcor Land Title Insurance Company("WLTIC")and Colorado Escrow and Title Services,LLC value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy,we each have developed a Privacy Policy,set out below,that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and Colorado Escrow and Title Services,LLC take to safeguard that information.This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy.Each company's privacy policy is separately instituted,executed,and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally,this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected • In the normal course of business and to provide the necessary services to our customers,we may obtain nonpublic personal aformation directly from the customer,from customer-related transactions,or from third parties such as our title insurance agent, aders,appraisers,surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include,but are not limited-to,those in departments such as closing,legal,underwriting,claims and administration and accounting. Information Sharing Generally,neither WLTIC nor Colorado Escrow and Title Services,LLC shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or Colorado Escrow and Title Services,LLC may share nonpublic personal information as permitted by law with entities with whom WLTIC or Colorado Escrow and Title Services,LLC has a joint marketing agreement. Entities with whom WLTIC or Colorado Escrow and Title Services,LLC have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and Colorado Escrow and Title Services,LLC use to protect this information and to use the information for lawful purposes. WLTIC or Colorado Escrow and Tine Services,LLC,however,may share information as required by law in response to a subpoena,to a government regulatory agency or to prevent fraud. Information Security • WLTIC and Colorado Escrow and Title Services,LLC,at all times,strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. • The WLTIC#fivacy Policy can be found on WLTIC's website at www.leltiecom • • Colorado Escrow and Title Services, LLC • Commitment No.22179CETWK Disclosures All documents received far recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one Inch and a left, right and bottom margin of at least one-half of an Inch. The Clerk and Recorder will refuse to record or tile any document that does not conform to the requirements of this section.Pursuant to C.R.S.30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the'County Treasurer or the County Treasurer's authorized agent•,or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S.38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate,or portion thereof,has been severed,leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. • if this transaction includes a sale of property and the sales price exceeds $100,000.00,the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding)Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasure's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners,the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: (a)"Gap Protection"—When this Company conducts the closing and Is responsible for recording or filing the legal documents resulting from the transaction,the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and (b)"Mechanic's Lien Protection"—If you are the buyer of a single family residence,you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment, the requirements may involve disclosure of certain financial information,payment of premiums, and Indemnity, among other.The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. • rt Hello