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HomeMy WebLinkAbout20070448.tiff CERTIFICATE OF CONVEYANCES \ LD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD The Security Title Guaranty Co.TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30,1972. LEGAL DESCRIPTION: The South Half of Section 10,Township 1 North,Range 67 West of the 6ih P.M., County of Weld, State of Colorado. CONVEYANCES if none appear,so state) Reception No. 1019640 ,Book 1216,Page 249 Reception No. 1599109 ,Book 677 Reception No. 2903973 ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. , Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title,nor a guarantee of Title and the liability of Security Title Guaranty Company,hereby limited to the fee paid for this Certificate. In Witness whereof, Security Title Guaranty Company, has caused this certificate to be signed by its proper officer this 2nd day of November,2006,at 5:00 pm. Security Title Guaranty Company By t Authorized Signature Security Title Guaranty Co. 3690 W. lath Street,Second Floor Greeley,CO 80634 970-356-3200•Fax 970-356-4912 2007-0448 • CERTIFICATE OF CONVErICES r WELD COUNTY STATE OF COLORADO DEPAR. ANTOF PLANNING SERVICES COUNTY OF WELD The SECURITY TITLE GUARANTY TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records,arid 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: The South Half of Section 10, Township_ 1 North, Range 67 West of the 6th P.M. County of Weld, State of Colorado CONVEYANCES (if none appear, so state): Reception No. 1019640 ,Book 1216. Page 249 Reception No. 1599109 ,Book 677 Reception No. 2903973 ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of SECURITY TITLE GUARANTY COMPANY,is hereby limited to the fee paid for this Certificate. In Witness Whereof, SECURITY TITLE GUARANTY COMPANY, has caused this certificate to be signed by its proper officer this 15th day of August ,20 06 , at 5:00 P.M. . SECURITY TITLE GU h ' TY CO. Company � By: A t ture 7 ems • _ /a/deep /.; /6 a /G --2 y? • *maenad acv V� — a. I.Q .r 1• -soh y ;G , S .. ter ten se ' ,,. yyi.117�� tiy s L ttF c Y, Pitt,' /s&this / tie R0007 9eT a .tae ` "' •.vd cc tS-=_-•'d...tattled and loved•1••en' tettw x 1 a , ..Y. N '' I a„Y' f'-•,.p 8l�tHARD k •tad 1'�ft s!. *4: ep� •v"+4 t • dYea X Ally r VVt' §F. 1} �., • cteN�d•e'Id i'ofPadw9�a'• t �, < fibs Wt.tad pRAR. ,a a 'ZCt.0 C 1_II l . i di. mow ". , 1 x r tIll"k r , ,J' ,, +- . i<1d +i ate d CalveeMa d the ' ' soaad7Mte o. ,i < _ --- : ^r„.• . 5-i- het lr?+a yy t.., a..:-.1- •1 y?} .. _�: 1�I St THt Tb.t d(•taiA'' !}l�l eats 't '� •w el tie W�S-k ' t. Oil detiarwmd Mhhlra$ot!s_3d Ymttiait eeM14efititeut . dm SI Mali 114011,AM_.. lla4 Idtbi>stt,7 f the spa pat 0t a geWat 6 ►eny.mnestd.eat :laydeeagisati all IS eaar4ed:ad Syghri ptlitWa tin ' 'i .- > .:. grate-grate-hasped Nil essay and argil MN Yf2'aL'd`Itrtlbd aiai.cbad Het.16 ins would Eeds>'.f b maaean }R Y, List L•ids:Y-'_'-.the..•.e4—Nat,%e their swam... and m midsale 0 bake d .el each atv rot brewer,ell the le f' h . . ;'- -1 Fowler described lot l or swede ad het. Walt b Ib tyke red Walt ,ro d Cowen of Wild and Sate of CO=otaeo.to-wit:• a;•. r k t • , '? 4 F r 7 c - A tt o. • Y.. Th• Ifair(ii1 snd• t MalfMt-•edtyhl.M lrt•r ($1l3 ot-saotlon 9 e �pQOne a) "*'Orti e IiisVt-sea 'ten et Un re red"ra cenat1, ,,, .• r.. r 1F '`i 1 clerado tcgNmier;nth 4.70 tnrt'w. t.:; ➢ tat Stook a' s .1 Pai'bltre:waslteEltitR.,R�• *mod.GRtioft Cosgan s• z i UM -.2.7,:;‘,..:1„...„.: e, _ S'.1t' ) •T.traf S;lif^''1T `Yfe 7lebf t ~ .'••,tat _••1 -TOORTIECR.IS all red sienna the Mndleanente and appealemres rtnrare bebn,eq. a b any wise '• • l:. ` i apper ekie,,Soul do rtrerti mud rerersbas, renaleder rd t the ai,pen ten sad warts thereof: and '' y;t I.the mem,nN,4 wk,intewL r,yc sod demand whatsoever d the sal Nutt . ad al the bq pall either 6+ kw a,equity.el,b red to At.Love Y•dained preffiwe, twL e, nefa mid repur. .ew' lmacrc TO RAVE Ali.SV nvrel:I'M ww+=-t-`-•� a--...0 r4 M+A.1. with enennetre.lea, am :he i± I, tyy l sold turtles of the ascend part.the arsine of them their enema and W Mite sad maims of each stainer Me- fe ' c-n. And the said pard,es of the first part.teetheeW VIE beim cetera%and Wmidtrrata.: do k a- Conant. ant, bargain oad tent to and wait the Wt pastes el tee semen part. the survivor el than, thdr 1 I. assigns and the heir sod assigns of viva.rr'irer, that d ae tat of l e e udhe and Mama(of dine pnetall. 1, - . . are wet seised el the sealed above comelnt.u of deed.are,puler.absolute and bdefe t4.,.we , "t of W,.ntance. la law,in 'et eh'-'• •-e 4 ♦• geld debt,tail power wad lawful stdbn k,to mar.berms r pappppp,•� s-S...r et.,morn.the nw b manner and latm t - 1 that ice taw are Bad and tar Lase at*rnanet, and i i( q , other moth horpba nit.. er.1 - " a amine kind .r,tatm unsure ",' it., • Reservations of nit srsl erigZsts ad cost rights as 'wisp apyw ' w: t, �, r, retold; subisot to:enstill$:rights of;spa for ditches, public roads. ,i t _ and power lines, nerd rslarfSiien to granters of'lttdloM's t'b!?.%Sf ,k- . Crops not growing mY 1/u pt'eftsessp ''' ' i tall and the above l galsee{pelage,' ead:M* 1t'td --akt d the At the MS owned part.the .i + arrin't d Iha.,dleft tarn tattle ben sad&stir.t..3,Snares,Maas*et and every Pena a pitta" t S _ _eya.,. .w Is rIL the vebol.'iF d.6 halt tent/,es SM pea inn of the past.past'than ad will •e f e l WARRANT Ah'D 1rOARYEa DEPRND:w .F IN WITNESS WRRREOP"tee add tiitilbe of tin d-rt Krtebi to areas'wet•thairbpd It •ant Pi r seal l the dal sad year Sad above weltleL• . ummawsme.rnu . . ., .....- Z •. a • +t Signed,Sated wed•-Dann:u:r Ow Trams of •• )t 7!f .auy_.'uy` i I 1,7 �.�irli I fl L �m,, 4 .i,, II * ifs li �f-w - -, t J Ye ff r.. j1'li00a ` .t P i m. „ 4P-cii..C +,t STATE OP T .^,-4r.wd..tekesart wig adwerkdsed infei!t.thin�f �` i y d+ i k $artooyal -Ne3Aedb0$Y':> 7 E ip "' ta w ,yMatta . e.aessdd>! •"'"•i w, '1ri; .l dF '+ } .ta a• dt,f > + .311:.. ':Ya ,'S,s*fa->s .....o».,-as---• ' „. ill 'lr eL ,wQA 'l ""•""R "i "T"S,.r.x 'k, rl" 'i � spx�, a-,•- .�.. e . i � •' .`3'2CaP.T e 2 1,y4 .E - -.A y jam'rr.S r ..ab,dtpl' 'L'Y ; _ — e- - ti al - I ay '1,141,O; . PS lb I WARRANTY DEED 1— .••I 3. � .,. I•: tr, - P f I I - s P OW ALL MEN BY KNOW THESE PRESENTS, That Frank J. Suckla and .-VI Edith C. Suckla, of.the County of-Weld and State of Colorado, 0 P for the consideration of Ten Dollars ($10.00) and other valuable • '_ CO consideration in hand.paid, hereby sell and convey to Suckla ;. P a Colorado corporation, the following real estate a' cr. Farms, Inc., - uN o' and property, situate in the County of Weld and State of Colo- la .-. i t NI a. '.,i .-I rado, to-wit: NI NI NI The Northeast Quarter (NEI) the East Half of - ++ P I N the Northwest Quarter (E}NW&) and the South n n I m• Half (Si) of Section Ten (10), Township One a ;, N (1) North, Range Sixty-seven (67) West of the N o 0 Sixth Principal Meridian, together with 9.39 o 0 shares of the capital stock of the Farmers . Reservoir and Irrigation Company, .a together with all its appurtenances and warrant the title to .o _1 v the same. Subject, however, to the following: "v ) ' }.;... • ! - ..- . c O 1. A mortgage in favor of the Federal Land Bank of Wichita which the grantee assumes and hereby agrees to pay. - Date of delivery: February 10, 1965. ;l„':.:,• .-t, !442ai+-� INS — Stole Dconm p ran c . c a . .i', Dan 0CT -6191 / �N?'� - - Edith C. Suc la 0 46 STATE OF COLORADO ) SS -- - - i I 4 COUNTY OF WELD ) "E'` - The foregoing instrument was acknowledged before me this (oh day of I! 1972, by Frank J. Suckla and Edith C. Suckla. - - OOrl•b P.- ..... . .... .. • WITNESS my hand and official seal. t ' �a •So'•My commission expires: o l \\8/) r t `" • - myconniubn win,Apr.AIf7a q ). ,� ••S Gr N •n •. o ary u c 7 '- r. ,: 1'3 I,y' I „ • ", i S: r ' : «, .a ct,• r' �' F. 't R Y.. tit.. ,r-ap .l i.. 4' [a : rP-- 1'.' f' / Ya3 • r 4 r a. `".. 4+¢heri'.m.,5. 'r :i. -he_ • 11111111111111, 111111111111H1111111111 1111 i . 2822115 0112912001 03:33P JA Suld Tsullamoto 1 of 2 R 10.00 0 17,50 Weld County CO 973 I I WARRANTY DEED Recorder's Stamp THIS DEED, Made this 25th day of January , 2001, between Suckla Farms, Inc., a Colorado Corporation mem a corporation duly organized and existing under and by vine of the laws,d'the �� Stateol Colorado ,uf the first pan.and"^ , LLC, a � Colorado Limited Liability Company J51 sa 00e, .aL 3/10- ....a▪ whose legal address is 4200 Weld County Road 19, Fort Lupton, CO 80621 =a• of the County of Weld ,and State of Colorado ,of thesecond part; r.-g WITNESSETH,That the said party of the rust purl,for and in consideration of the sum of ONE HUNDRED SEVENTY or FIVE THOUSAND AND NO/100 tresgc DOLLARS.($175,000.00 000.00 1. aim to the said party of the rust part.in hand paid by the said parties of the second part,the receipt whereof is hereby confessed and e acknowledged,has granted,bargained,sold and conveyed.and by these presents does pant,bargain,sell.convey and confirm, mmv-s-- unto the said parties of the second purt,their heirs and assigns forever,all the following described lot(s)or parcel(s)of land, Nsituate,lying and being in the County of Weld .and State of Colorado.to wit: See Description attached hereto and made a part hereof. e —_w9- Re—Record to Correct Grantee Name also known by street and number as Vacant Land, Fort Lupton, CO 80621 TOGETHER with all and singular the hereditmnents and appurtenances thereunto belonging or in anywise appertaining,and the reversion and reversions.remainder and remaimkrs,meta issues real profits thereof.mid all the estate.right title interest, claim and demand whatsoever of the said party of the rust pan.either in law or equity.of.in and to the above bargained premises. with the heredimnnents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said parties of the second part,their hews and assigns forever. And the said party of the first part,for itself,and its successors and assigns, does covenant grant. bargain and agree to and with the said parties of the second part, their heirs and assigns. that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed,as of a good,sure, perfect absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant bargain.sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,tazes,assessments. encmnbrurxes and restrictions of whatever kind or nature serener, except for taxes for the current year,a lien hut not yet due and payable,easements,restrictions, reservations, covenants and rights-of•way of record,if any. and the above-bargained premises in the quiet end peaceable possession of the said parties of the second pert,their heirs and assigns,against all and every person or persons lawfully claiming eras claim the whole or any pan thereof,shall and will WARRANT AND FOREVER DEFEND. f The singular number shall include the plural,the plural the singular,and the use of any gender shall he applicable to all genders. IN WITNESS WHEREOF, the said party of the tint part has caused its corporate name to be hereepto subscribed by its President ,and its corporate seal to lie hereunto affixed,attested by�yt,,'• 8 0 7.0 '; the day mid year first ubove written. _ Suckle Farms, Inc., a Colorado r s:.q • Corporation. v y: • JL Fronk J. .SGcdcs{•l ye der$'terat-p, • ; fees - STATE OF Colorado "1 ns• COUNTY OF Weld ✓` 1 • - . The foregoing instrument was acknowledged before me this 25th day of January , 2001,by Frank J. Suckla as President of Suckla Farms, Inc., a Colorado Corporation. c .hIdofricMserdL Y•PUB ���rrf /^' ,r 1�, �f 22, 2001 1 rt y / & L. O/aittld- 0 x '+I`�' ��k�uujjij�"w (.� ,ARCHULETA; Notary Public F'. r Brenda L. Archuleta weave ',oration mceonrn files 0069076A00 OF COL' STGCC 4.0.0Y107(0460 7l4AJ2 41I0- 1111111!iii III 1111 2903973 11/28/2001 03:548 iki Isukamoto • 2 of 2 R 10.00 D 0.00 Weld w4nty CO • HMI 1111 2822116 01/29/2001 03:338 JA Suki Taekamoto 2 of 2 R 10.00 D 17.50 Weld County CO Vacant Land LEGAL DESCRIPTION OF DEED DATED January 25, 2001 Parcel 1: That part of the South 1/2 of Section 10, Township 1 North, Range 67 West of the 6th P.M.. being more particularly described as follows: Beginning at the West 1/4 corner of said Section 10; Thence South 00'00'00' West on en assumed bearing along the Westerly line of the Southwest 1/4 of said Section 10 a distance of 70.00 feet to the True Point of Beginning; thence North 89'46.45' East a distance of 2566.48 feet to a point 85.00 feet Westerly of the Easterly line of said Southwest 1/4 of Section 10, and 65.00 feet Southerly of the Northerly line of said Southwest 1/4 of Section 10; Thence continuing North 89'46'45' East a distance of 253.87 feet; thence South 00'06'39' East a distance of 1256.87 feet to a point 188.87 feet Easterly of the center-South 1/16 corner of Section 10 and or. an extens7.nn of the Southerly line of the North 1/2 of said Southwest 1/4 of Section 10; Thence South 89'53'07" West along said extension of the Southerly line of the North 1/2 of said Southwest 1/4 of Section 10, a distance of 168.67 feet to said center-South 1/16 corner of Section 10; Thence continuing South 89'53'07' West along said Southerly line of the North 1/2 of the Southwest 1/4 of Section 10 a distance of 2653.90 feet to the Southwest corner of said North 1/2 of the Southwest 1/4 of Section 10; Thence North 00'00'00" East along the Westerly line of said North 1/2 of the Southwest 1/4 of Section 10 a distance of 1251.74 feet to the True Point of Beginning, EXCEPTING from Parcels 1 and 2 hereinabove, the easement or right of way for Lateral No. 3 and Lateral No. 4 of the Bull Canal as granted to Farmers Reservoir and Irrigation Company by Quit Claim Deed recorded December 11, 1914 in Book 406 at Page 296, records of Weld County, Colorado, County of Weld, State of Colorado. EXCEPTING AND RESERVING UNTO THE PARTY OF THE FIRST PART "GRANTOR" ALL RIGHT, TITLE AND INTEREST IN AND .. TO ALL MINFRATS OF WHATSOEVER RIND, IN, UNDER AND UPON OR THAT MIGHT BE PRODUCED FROM THE HEREIN DESCRIBED LAND. ,i-s sA�.w.:, C( 1 ....a:• `j: • la..�ils 1� r . r K ,cP > t6 ` v y�:K , j •J'k sr is;st. ', .-'� , .� [. y 8 �t `- i� X 1v1,Ln 4'�,_ , }y e '�'. nice ` ,?iii+',. .,;, s .tS, , ,1• l_rs r.s .,- ., 4. .. , a�•�st a�... .�. s _ ti,U.�.,r. �,ry .4r..t,... _ c . BOOK s.y�ya� r,-4vpv 11r� q 9J/ f'g.3 • )s ar`1 U ` ,3 R,corded er.Gl o'clock 2J IA..�Y.kl Y_�9Th , • r illt U . �p[ •' I=.• fox.Na�Y✓Yl.13s„Ma^r Ann Font-stein. Recorder t � .�•�--tee '- yAtrw RIGHT-OF-WAY AGREEMENT c). FOR AND IN CONSIDERATION OF THE SUM OP_—Ten -- v, (§- Dollars (S 10.00 ),the receipt of which is hereby acknowledged _ Suckla Fauns Inc,C•zriff �i.x•n� r-frt- �f il%4g�^ sr^ Cs Route 1, Box 391 '- . t.� Fort Lupton, Colorado 80621 .. a• `--� hereinafter called Gnnmr(whether one or more),hereby grants unto Amoco Production Company,a Delaware Corpora- ' t^ N tion.its successors and assigns,hereinafter called Grantee,a right-of-way to construct,maintain,inspect,operate,replace, -_� r..arm rn , firm change,or remove • a.•�._ � 3 3 steel pipe lines in the same trench -n v +yH x(j " • in,on, over,or through the following described land of which Grantor warrants that Grantor is the owner in fee ' „ayt the Southwest Quarter (SW1/4) of Section 10. Township 1 North. Range 67 o simple,of thin_ County-Rarfa>e, .Ai.1._,1; West of the 6th Principal Meridian, Weld • *''If+^' State • of Colorado and hereinafter further described to-wit:. • - • '.•Vf A SO font wirle permanent easement arrnee said SntsThwect Chinni-or (SWI/IIl of ° �.'L Berrien 7n i the renTenline of whi rh is more sperifiraUy deerri bed'as Col lrnrs• 'ye en Beginning at a point on the South line of said Southwest nuarter (SW1/4) of ,° '�2:;. • a Section 10, a distance of 1,880 feet East of the southwest corner of said • Section 10; ° `< ., ���3sf Thence northerly 2.664 feet, more or less, to the Point of Termination on the • 1•.. North line of said Southwest Quarter (SW1/4) of Section 10. said Point of ...:S-4,A :___...........7,.. Termination being 2,240 feet, more or less. East of the northwest corner of $ < .'yi said Southwest Quarter (SW1/4) of Section 10. •. :,,,,:ti l; +w 3 d together with the right of ingress and egress to and from said land for any and all purposes necessary and incident r il9 °vex, ro the exercise by said Grantee of the rights granted by this contract a Grantor shall have the right to use and enjoy the above described premises, provided, however, Grantor shall 4 v > d" nor exercise such use and enjoyment in a manner that will impair or interfere with the exercise by Grantee of any of cow�y � p yes +� u',,. •• the rights herein granted.Grantor agrees not to build,create,construct,or permit to be built,created or mnsrruaed, s �n rr tea.. ., any obstruction, building, lake, Logineering works, or other structure over or on the right-of-way herein granted. 1 a I.::-..F: ::•...,2:,j Id4. s,s . . l`5; N Y c`.:. s �• t The consideration paid by Grantee and received by Grantor includes hdl and final payment for any also a ': _y,,� . *�. °CS:a• 'eV, damages to the land,growing gimps,pasturage,timber,fence,bolding,or other iother ments of Grantor resulting S 4 7 1 ', ` e.ie;M°':.•- `� from the exercise of the rights herein granted during initial construction and no other dumps,rights or remedies r S, { A shall be enforceable,collectible or eveiLble to Grantor and Grantor hereby accepts said consideration in full liquidated s ?Ai: y\�„r,o„ •• y'(',�x M.V damages and relief and hereby releases Grantee of and from any and all sets damages and*mires the right to collect ) c+ o 1'a 4 ,Wo4 ,Gs, e-- any futth or additional damages in any way wising or resulting from the exercise of the rights herein granted -,rs • ' h etCi.:;:'vrc during initial construction. Grantee does agree, however, to pay fat actual damages to growing crops, pasturage,• • ^t .,t..,:3/:.,,,+.t*. timber, fences,buildings or other improvements of Grantor resulting from the reconstruction,replacement or repair — _e-`tsgre-yt. ..• of such installation after its initial construction except Grantee shall not be liable for damages ranking from keep r,. ,w a. �-:P- - ing the right-of-way clean of trees, undergrowth, and brush to the extent Grantee deems necessary in the exercise •..c 'sue� of the rights herein granted. , i,{ It is agreed that any payment due hereunder may be made direct to said Grantor or any one of them.The terms, conditions, and provisions of this agreement shall be binding upon and shall inure to the benefit of the parties 1�1i hereto, their heirs,executors,administrators, successors,assigns, and legal representatives. All rights herein granted • may be released or assigned in whole or in put.• Ly %eIiitl) Grantee agrees to construct nine line after the current wheat crop is harvested ri,ir and hefnre the fall crop is aniline, r • '' EXECUTED this / y� day of c,ca.G,y 19�-G. Ilia SUCIG.A YARNS, INC. Signed in the presence of Pk`', //1 the undersigned wimesses: FraNs,J.r_�t kla, es'}dent Edith Suckle, Vice President RAM 79 211 • an i1 •3\ r•' W i jTi,,-, �• .:S "t * q tr (`.vr •Y * ••:::::.'•,e'� ' 1 4 U1.� i r, i i,� C�' i rytiv.l41 ' t� \_�• t .erfi4Y,S414.%[�� :rz, ,It ,n, >> .,•t+tyy n.r'— - .—. b l - •:1?-!.1;""1,;', 1-,45.:41.z:.7/', },M 1 � '>C e '+i�• w'� .t �:• 4r . r,.,,\ y,,, rj i�yD yfi'` i .-4 f`R gift.� L Y«J2'M1�sd 7r/y LL ( ,< v � Na ,� .. r .,,^J}r 'i_f 7 ^i' .i t_1- Sz=J/r .STATE Oeit '!A:; �i> c !_ / T ;*z }� a '+ °y""' r�ii a`y.° :.! a .,:•&.,,,i,,,..4--„,. .,•••••,•,,,,,-,,, >,to -r pYeTtn+6��9+.: �M��'u'�—`a;t3'rfi* ._ CSTY mo COU(TY�F' YER r✓--+ lr 7" p.ss,�*' Yx"ti 3 Yk`Lr� T • � ee��Y '�^4 � lJ ,. . F� � y-...is ^� i�TaY7.t: n .q. y.. fore9o4ns irmtnsent —a nld99 4-etto"t. t: ' ` x X Q„:'''' t3l 19 b 4, i O.1A1779.T ';-�s: "' "3xY�"lrt O} i ✓ J t j z,-,;;Y iii 1.A ka^`;:::i h t 3-fii , .titjk Y ' ``r' t '1 th PRUOYICTI N Ct NIY C i torporationi�it2� xs y.,` ..�}+<S,r �Attorney i s FacOir ilffr s i� V., rye� x J ? 4`i�i7.r r f i^ N 'NESS q hand and off7Na1 sCil tix Y� v 3 ` r �t r ? '.^w,t+'s .rte � � Si{Y I\ `\ Tr ,..y 4t(!>r` ry 4 lr V 1 .n 1 •. • `5t • w 1- wr 1, � *cCls ✓1 J a .\.4r r �� �a7fP -.,,:i.-:,,• f'..•,-,sr,:‘,-.• 1 1 'J ♦ Y;+Y.G �.�• -' v�,.'!p' .. empties Jame a 1 '' :r'F • ,s p > r cC t SY>F sAY: T. ` wt t ft STATE OF COLORADO Ss r ? t{y� . f C0IIIITY OF .DENVIIt 1 '_" .. ''{' a4 ; -" The fore9oin9 t.lstrisent was alknowiedged beforo ae thts a day.., 7, rlrti. Jane - , 1972,- by weldan C �Jeuaader ;"-V ♦: of - l Y �4 Yiw ;tAe President of ENERGY MINERALS CORPORATION, a corporation y �w < ,rµ"y; WITNESS my hand and official seat ;iro. t A dTARy 3 . 'r1t. t tdhon expires: i$-6-74 i. - - OI tOtt.T. l h1K u,Zr i. 1 • • r ....'�6 1 _ '. w fM1 jekr k :_ :.; ys , }t4r . f: r.i 7'x)1 f�—sXli t I:Y ,r M 1--1 r yy. . !. , i' e y'.R2v27a6V ?e i'n It-14Y1 1'-5I1 0?/_4/' 5 04:..11' RI I OF 3 w--• rXX Weld ronnty t'U t'lerk . Recorder 15.00 0 Company Service® Doc. No •��i469 Public Service Cemny of Colorado Plal No. EASEMENT ' W For and in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration ati in hand ndlpS Service ,the 'o receipt of which is hereby acknowledged,the undersigned Grantor(s)hereby g i removepelinesanappurtenances,, toit a Company of Colorado, a Colorado corporalbn. Grantee, an easement seventy•1'rve (75) legit In wkllh. to ina , t�ures,or devices fort the repair, replace, ion of g n or o 1, a d rate end associated communication aciliti.s.aodn, der, over o: ) through the following described lands of the Grantor, situate in the West Half(Way) of Section Ten(10),Township 1 North,Range e 6 West,ol the 6th in e t,of the,Re.Mon No. County of Weld, State of Colorado,more particularly 15991 09 of the official records of the County of Weld. State of Colorado. The location of the Basement is described as follows, to-wit ' See Exhibit A, attached hereto, and by this reference made a part of this Easement. The easement encompasses a continuous strip of land 75 feet in width at all points on the property crossed by the above-described location and extending to the boundaries of the adjacent property. r li The Grantor(s) reserve(s) the right to cultivate, use and occupy said premises for any purpose consistent with the rights and privileges herein granted and which will not Interfere with or endanger any of the facilities therm or use , thereof.Such reservation by the Grantor(s) shall In no event Include the right to construct any buildings or structures, e r- to impound any water,or to plant any trees or shrubs upon the easement.vent.the same Grantee, tee,r at all p t1mes.hem!, hf have the w right of access by a reasonable route to the easement and Grantor(s)for actual damages to land and growing crops ' 2' < Include surveying,Inspection^nd testing.Grantee shall pay x ; occasioned by any future Installations con_struction,maintenance,alteration,repairing,replacing,reccnsLuction,and u •d removal of facilities on the easement. In rt ; This easement is further subject to the provisions of Addendum A. attached hereto, and by this reference made a part hereof. - •• To have and to hold the said easement unto the said Grantee,its successors and assigns,so long as the same shallbe used or useful for the purposes of the Grantee. i r 19 Executed by Grantor(s) thisS day of enor—' �' . \ GRANTOR: 1 SUCKLA FARMS. INC., a Colorado Conoratbn g ATTEST: By: Edith C. Suckle, Secretary Frank J. Suckle, Pre ident ef?3pO •STATE pQ€ot • ) •••,,c, 9. -Y�,R1L .,,, :ss Ct1!)r.OF•Waate� ) } Q: t,�TtF'r 1 byFrankJ.Suckla, = the fdregoing Inslrurtwnl was acknowledged before me this�day of� � .a tis President of Suckle Farms, Inc.,a Colorado Corporation O NOT Y PUBLIC -c. `�� w S.�; •7.. F 01 ,V..".. y0 L'.sse, Oc'-•4t _ '• 47E.or G;=' ADDRESS v�\�t c c�s3� 7 I '..cram... O w o a My commission expires ii = Witness my hand and official eat. raw in)?flro 112O rr:Mr:1'wocrrsAar FJrr AP 11:10:2006 8.2331 jOld RM File No.: S0161957,Amend.No.1 STANDARD COMMITMENT FOR TITLE INSURANCE ISSUED BY Security Title Guaranty Co. AS AGENT FOR First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements,Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE COMMITMENT PLEASE CONTACT THE ISSUING OFFICE. AGREEMENT TO ISSUE POLICY First American Title Insurance Company, referred to in this commitment as the Company, through its agent Security Title Guaranty Co.,referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in the Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this Commitment. This Commitment is not valid without SCHEDULE A and Sections I and 2 of SCHEDULE B attached. I 1/10/2006 813:31 )ii(112M File No.: S0161957,Amend.No. I CONDITIONS 1. DEFINITIONS (a) "Mortgage"means mortgage,deed of trust or other security instrument. (h) "Public Records"means title records that give constructive notice of matters affecting the title according to state law where the land is located. (c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which are real property. 2. LATER DEFECTS The Exceptions in Schedule B—Section 2 may be amended to show any defects,liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B— Section I are met.We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend Schedule B to show them. If we do amend Schedule B to show these defects,liens or encumbrances,we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment,when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: • comply with the Requirements shown in Schedule B-Section I or • eliminate with our written consent any Exceptions shown in Schedule B-Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence,which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. DISCLOSURES 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 of recording or filing. MECHANIC'S LIEN PROTECTION If you are a 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 repair 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 others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE The subject land 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 treasurer's authorized agent;and 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. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the customer,or arc required by law. See attached Privacy Policy of Mercury Companies Inc.and Security Title Guaranty Co. CONSUMER DECLARATION STATEMENT This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been severed, leased,or otherwise conveyed from the surface estate. If such reference is made,there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface estate owner's permission. You may be able to obtain title insurance coverage regarding any such referenced mineral estate severance and its affect upon your ownership.Ask your title company representative for assistance with this issue. I /10/2006 8:213I jhd RAN File No.: S016I957,Amend.No. I merckay companies, Inc, Privacy Policy of Mercury Companies,Inc. And Security Title Guaranty Co. We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future,you have provided or will provide us with certain information. We understand that you may be concerned about what we will do with such information—particularly any personal or financial information. We agree that you have a right to know how we will utilize personal information you provide to us. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other communications to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others;and ^ • Information we receive from a consumer-reporting agency. Use of Information The information you provide us is for our own legitimate business purposes and not for the benefit of any affiliated or nonaffiliated party. Therefore,we will not release your information to affiliated and nonaffiliated parties except:(I)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law. We may,however,store such information indefinitely,including the period after which any customer relationship has ceased. Such information may be used for any internal purpose,such as quality control efforts or customer analysis. Furthermore,we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies,or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities that need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical.electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Security Title Guaranty Co. 3690 W 10thSt 2nd Floor Greeley,CO 80634 Phone: (970)356-3200 �-� Fax: (970)356-4912 COMMITMENT SCHEDULE A Commitment No: S0161957, Amend. No. 1 1. Commitment Date: November 2,2006 at 8:00 a.m. 2. Policy or Policies to be issued: Proposed Insured: Policy Amount (a)Owner's Policy S TO COME TBD S 5 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: JZM,LLC,a Colorado Limited Liability Company 4. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof. (for informational purposes only) Vacant Land. ,CO PREMIUM: TBD Commitment $414.00 11/10/2006 8:23:47 jhd RM II/10/2006 8:23:3I jhd RM File No.: S0161957.Amend.No.1 Exhibit A That part of the South '/2 of Section 10.Township I North, Range 67 West of the 6th P.M.,being more particularly described as follows: Beginning at the West 1/4 corner of said Section 10; Thence South 00°00'00" West on an assumed bearing along the Westerly line of the Southwest'/of said Section 10 a distance of 70.00 feet to the Tnie Point of Beginning; thence North 89°46'45" East a distance of 2566.48 feet to a point 85.00 feet Westerly of the Easterly line of said Southwest % of Section 10,and 65.00 feet Southerly of the Northerly line of said Southwest 1/4 of Section 10; Thence continuing North 89°46'45" East a distance of 253.87 feet; thence South 00°06'39"East a distance of 1256.87 feet to a point 188.87 feet Easterly of the center-South 1/16 corner of Section 10 and on an extension of the Southerly line of the North 1/2 of said Southwest 1/4 of Section 10; Thence South 89°53'07"West along said extension of the Southerly line of the North /of said Southwest 1/4 of Section 10,a distance of 168.67 feet to said center-South 1/16 corner of Section 10; Thence continuing South 89°53'07" West along said Southerly line of the North '/2 of the Southwest '/4 of Section 10 a distance of 2653.90 feet to the Southwest corner of said North 1/2 of the Southwest of Section 10; Thence North 00°00'00" East along the Westerly line of said North /of the Southwest'/4 of Section 10 a distance of 1251.74 feet to the True Point of Beginning. EXCEPTING from Parcels 1 and 2 hereinabove,the easement or right of way for Lateral No. 3 and Lateral No. 4 of the Bull Canal as granted to Farmers Reservoir and Irrigation Company by Quit Claim Deed recorded December 11, 1914 in Book 406 at Page 296,records of Weld County,Colorado, '• County of Weld, State of Colorado. 111IO/2000 8:23:31 jhd It hl File No.: S0161957,Ascend.Nu. I Form No. 1344-B 1 (CO-88) ALTA Plain Language Commitment SCHEDULE B—Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Provide us the "Affidavit and Indemnity" signed by the parties listed in Paragraph 3, Schedule A of this Commitment and notarized. e. The following documents satisfactory to us must be signed, delivered and recorded: 1. None NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). • 11 10/2006 8:23:31 jhd IZM file No S0161957, \mend.No. 1 Form No. 1344-B2(CO-88) ALTA Plain Language Commitment SCHEDULE B—Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could he ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,or claims of easements,not shown by public records. 4. Discrepancies. conflicts in boundary lines, shortage in area,encroachments, and any facts which a correct survey and inspection of the land would disclose,and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Right of way for Weld County Road 19 over the Westerly 30 feet of the land. 8. The right of 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 as reserved in United States patent recorded October 7, 1892 in Book 51 at Page 187; and any and all assignments thereof or interest therein. 9. The right of 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 as reserved in United States patent recorded June 3, 1893 in Book 51 at Page 220; and any and all assignments thereof or interest therein. 10. An Oil and Gas Lease, from Frank J. Suckla and Edith C. Suckla as Lessor(s) to T. S. Pace as Lessee(s) dated February 14, 1970, recorded March 26, 1970 in Book 622 at Reception No. 1544396, and any and all assignments thereof or interests therein. 11. An easement for pipelines and incidental purposes granted to Continental Pipe Line Company by the instrument recorded November 3, 1972 in Book 679 at Reception No. 1600991. 12. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded November 9, 1972 in Book 679 at Reception No. 1601375. 13. An casement for pipe line or pipe lines and incidental purposes granted to Continental Pipe Line Company by the instrument recorded June 7, 1973 in Book 693 at Reception No. 1614825. 14. An easement for 3 steal pipe lines and incidental purposes granted to Amoco Production Company by the instrument recorded August 3, 1976 in Book 773 at Reception No. 1695115. 15. 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. _ , 11/10/2006 8:23:?1 jhd RBI File No.: S0161957,Amend.No.1 Form No. 1344-B2(CO-88) ALTA Plain Language Commitment SCHEDULE B—Section 2 Exceptions(Continued) 16. 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. 17. An easement for pipelines and incidental purposes granted to Public Service Company of Colorado by the instrument recorded February 28, 1995 in Book 1481 at Reception No. 2427880. 18. Notice of Oil and Gas Interests and Surface Use recorded November 16, 2000 at Reception No. 2807463. 19. An easement for pipelines and incidental purposes granted to Duke Energy Field Services, L.P. by the instrument recorded August 26, 2002 at Reception No.2981165. 20. An easement for pipelines and incidental purposes granted to Public Service Company of Colorado by the instrument recorded November 26,2002 at Reception No. 3009345. 21. Terms,conditions, provisions, agreements and obligations specified under the Agreement by and between JAZ„LLC and City of Dacono recorded March 15,2004 at Reception No. 3161681. 22. Terms, conditions, provisions, agreements and obligations specified under the Surface Use Agreement by and between Kerr McGee Rocky Mountain Corporation and JZM, LLC recorded April 18, 2005 at Reception No. 3278280.. 23. All items as set forth on Zone Change Plat recorded June 2, 2006 at Reception No. 3408234. 24. Deed of Trust from JZM, LLC, a Colorado Limited Liability Company, to the Public Trustee of Weld County, for the benefit of Compass Bank, securing an original principal indebtedness of$350,000.00, and any other amounts and/or obligations dated November 6, 2003,recorded November 21, 2003 at Reception No. 3128768. 25. Deed of Trust from JZM. LLC. a Colorado Limited Liability, to the Public Trustee of Weld County, for the benefit of Compass Bank, securing an original principal indebtedness of$850,000.00, and any other amounts and/or obligations dated February 24,2004,recorded March 5,2004 at Reception No. 3159273. 26. Statement of Lien in the amount of$8,609.00 against JZM, LLC recorded August 2, 2006 at Reception No. 3408619. 27. Deed of Trust from JZM, LLC, a Colorado Limited Liability Company, to the Public Trustee of Weld County, for the benefit of Compass Bank, securing an original principal indebtedness of$75,000.00, and any other amounts and/or obligations dated August 1, 2006, recorded August 3, 2006 at Reception No. 3409127. 28. An undivided full interest in all oil, gas and other minerals as reserved by Suckla Farms, Inc. in Deed recorded November 28, 2001 at Reception No. 2903973, and any and all assignments thereof or interests therein. Hello