HomeMy WebLinkAbout20063350.tiff • , 1 111111111111 MEIN 111111 Ill 1111111 ill 1111111111111 1 r
3198774 07/08/2004 10:47A Weld County, CO
1 of 3 R 16.00 D 226.88 Steve Moreno Clerk&Recorder
nAr
SPECIAL WARRANTY DEED
THIS DEED,made this jtday of June,2004 between Cheshire Investment,LLC, a
Colorado limited liability company, GRANTORS,whose address is 650 South Cherry Street,
Suite 920,Denver;Colorado 80246, and SW Chambers,LLC, a Colorado limited liability
Company, GRANTEE,whose address is 333 W.Hampden Ave.,#810,Englewood, Colorado
80110.
kWTNESSETH,that the Grantors,for and in consideration of the sum of Ten Dollars
uSit ($10.00) and other good and valuable consideration,the receipt and sufficiency of which is
ifav hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does
grant,bargain, sell, convey, and confirm,unto the Grantee,its heirs;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 by this reference together with 101
shares of The Lupton Meadows Ditch Company presently evidenced-by Certificate
Number 553 and all other water and water rights appurtenant to the real property
described on Exhibit A attached hereto and incorporated herein,including,but not limited
to,tributary,not non-tributary,non-tributary water and water rights.
ANI)
All minerals and mineral rights,together with improvements,if any, appurtenant to the
real property described on Exhibit A attached hereto and incorporated herein by this
reference, except for any and all of Seller's rights in and to oil, gas and other
hydrocarbons associated with said real property.
TOGETHER with all and singular the hereditament; and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions,remainder and
remainders,rents,issues and profits there'o'f, and all the estate,right title,interest,claim and
demand whatsoever of the Grantor, either in law or equity,or,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
appUttenances,unto the Grantee,its hens,successors and assigns forever. The Grantors,for
themselves,their successors and assigns do covenant and agree that they shall and will
WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the Grantee,its heirs,successors and assigns, against all and every
-person or persons claiming the whole or any part thereof,by,through or under the Grantor.
•
•
Pagel of 2 TNC
2006-3350
. II rr
• 11111Ell � 11131111111111111111111
113���11111�� 11111111111 er
3196774 07108/20
2 01 3 8 •18 p �g,g8 Steve Moreno Clerk
IN WITNESS WHEREOF,the Grantors have caused their names to be hereunto
subscribed the day and year first above written.
GRANTORS:
Cheshire ltivestment,LLC, a Colorado limited liability company
By: Shamrock Holdings Group,LIE,
a Colorado limited liability company,Member
By:
Its: , ii d'l�
STATE OF COLORADO )
as.
COUNTY OF % rk" )
The foregoing instrument:1 was acknowledged before me this J4day of _nom
2004 by (1,,,,Q Gre . &r as Aka 1M ry of Shamrock Holdings Group;LLC, a
Colorado limited liability nompany as Member of Cheshire Investment,LLC, a Colorado limited_
liability company.
I ADRIAN D. MORRIS I
Witness my hand and official seal. NOTARY PUBLIC
STATE OF COLORADO
My commission expires: e .y_ My Commission Expires Aug.t,2004
Notary blic
•
•
Page 2 of 2
•I1110111II111111111111111111Ill1IIII1I IIIII1111111 till . •,( '' .::•;•. ‘ : . .'
3196774 07/08/2004 10:47A Weld County, CO ,
• 3 of 3 f.10.00 0 225,86 Steve Moreno Clerk& Recorder -
kthibitA
T yMt
•
), •, iet, in the O1/2 '0₹;1ell1l4••DZ Scat;tiaa '13' _ •
.
Lot' 5 fa:the
Let lli1�2..'ai; t�i;1f#r ,b�' 9ectian.,iE3� � � # -
r, ;6aL1-•i:iti, the �$141.o 'Beot�ui'. k3,', •. ,.5'.5'`;',., ;. �:.;, r .! .
a'dwnsjiip 2:J3brt'dr.r•'gange'67 West of the 6th. l+.t 1 Coun't'y bfifeld,
• state:GrP'CrilcYadci f. platted as &upbbn' dbws ,,�,�}
,!r•..: ••:y.: '' - .r. R .'•.'puc.'....IS�,vi.Bl .lda, .17:`?. fr ''.
,i.;',; ,+J 4 1-,,..t.5'..; .'.5_` y:;s` • i , �z s , ,''•t'Ji,:' I`d1 5 b1` a ''1 . ... :. t r �41oR ' liB rg.5 ..,:•.-:.;•!,-;-;•:` `: i5;!1••.';,..,y;•;,,'t;
s' d „feet e' :Eie:0 '&i,ki 'is�o.
R.,. ,Gantt li if$ is The •Byer '41,ei 'kyfoi C 4> of Y1�,er; '•1.
__,�. ,•8 � ���' it�s��irA. 1t83lYJ�p'�! . ' .:+ f�fS:r�Y`'.
11'
getrporatiehtt :; asf 'brigtall li�'a ed' ti' ( Jl,,:• ".a:,;
• ;.: ,T.sth' of •tife. s 7r! .0f:Re an 14, ISI4tiiir•. B ` s f".
' ,: A6.H_,''Coliit'ti,o vela;' state bol 7r:C et'� o$'
y desc ilied •asl t:44iwg: t' et : :,tStc gr
144 4.iltiitt-g k' kut '.: ..;'
;; 5 ''� •'� ;c+t!'ttte.:t�esutlir'13tte`a>?,. . +' /:,71 , ,�1„-. E+,,.: . , :. .�':, �:
8e*ibn '13a••c irerteisde at'.. le riiicketet' fctlieittfifirl shirt., `
•S &▪ r'ner:bf::'seid:i 'j4 at 8174 or: said'Seat aft 13r3satti ' J">ie-,.x5 i It
L trteitea,1110 .11.10) i ; 59
` aejd,10114r of HE1/4:�•vf: point et 2W t ee`i. �•thc*e :b ;.:
F ': 4s4� :I"�ts# "oil t8e r ••:: sticm. 1 Bit di at lieHS,:iif`27tS;'$` t'�R.'' s #di+'t,'' `
• .,. leap,. e?,f;o: P u ss., ctgrl c.of'.�eid-,Melt4 O_i& split"csF', paid„ t.idti«.;{•
t• r4c1'''1t'i•R : '31 gat':P'Ae,4gg t • r7•n: 4S 4- • -•
jG� '•r`':1,1.,..
- 1• :5., 1p � -y:n' �y ,,{ '•. 'J. I. i }'` :fi '
:af:l:l::t' **zolOiMG',. '&txM 1&- lahei itiar �f 4. } r� ,.'• •` -
l2 • t ag�-y� d td'1' old-C`bliaty • �'•'' .(.c'.':, ;_
_` 4z��� �'y}:j•�!�.`'� FT� y�y. '; ' •i .'' r• v,•.. +' , •'•#•. 't 1:y. .
`fr £w:"k r�4.nt?.c1-.pa.g' OA, t ^ i�,. re�._ Lt:a: .Iye ide��s ..' .l tti .e•%e.' ':f
;`,:.tRa+. 'S�.`2'i'. r3tiri r �:Y �:. UIUisT §3i+:nr.1.+ • ' . .,`: 'I.:::
a". ._`rlt r e pVOA ' i' r..Deed re sstded° daft''°:41`i;,i:;'l957.:.,:li ;r:14• r. ''1``o-
stmt i9fi 1 99 .Y iri- jQ•;577#$H'
re , ,• r • • • I Rlisiti: • ".•. �' i ..1'••!••,P;'••••••'.;•'.•••,- .1:•?....”
� M ' 1, ;•Srr .�k
.....- 4 .. x r r E .f ' b
n,.i}'•`.l,'= 'y y'rit d .7 h' , ,t. 'Syr , .t t i.. i f t f t i'` , � r.,„J c.•fR%':i ;'.: :'.
4..i.;
)5 '���rt t ,. f4. w� ♦ ••••(,7
Ft f 1 ! Jt` , ! f r.1;:i - %•••14' ,l e y /11.<;••
l •,.
4.'Rs'6 • ; 25: t t 1 i4 r, ` $, TI,. ,',:j.:!;41,",•;. ,>>.E,4 irr -.•Ji ''5t';.:lp. - .... i. �. 5 ':' ,,.. • ., .. i:�`Y.� .,A.µ� ..Y.C•:,. y .t,l+' } !a:_i�! •U:
'•. ,IIy E
9�y• ::4, • .t • f ! . „ ' , : z • t: ' ...:41/ {t.'
5! r+ t `1,r'2 . .! . t 1 q • t .:'• .,, d..,y' -, :>': f a4v�'" ♦• f ,r A { •} i <R}' rt, . :
,' , ,
..
•
•
•
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS,that Cheshire Investment,LW,a Colorado limited
liability company,whose street address is 650 South Cherry Street,Suite 920,Denver,Colorado 80246
("Seller"),for and in consideration of Ten Dollars($10.00),to them in hand paid,at or before the
ensealing or delivery of these presents by SW Chambers,LW,a Colorado limited liability company,
whose address is 333 W.Hampden Ave.,#810,Englewood,Colorado 80110("Buyer'),the receipt of
which is hereby acknowledged,has bargained and sold,and by these presents does grant and convey unto
the said Buyer,its personal representatives,successors and assigns,the following property,goods and
chattels,to wit and all personal property except personal household items presently located at the
property described on Exhibit A attached hereto and incorporated herein by this reference.
TO HAVE AND TO HOLD the same unto the said Buyer,its representatives,successors and
Assigns,forever. The said Seller covenants and agrees to and with the Buyer,its representatives,
successors and assigns,to WARRANT AND DEFEND the sale of said property,,goods and chattels,
against all and every person or persons whomever. When used herein,the singular shall include the
plural,the plural the singular,and the use of any gender shall be applicable to all genders.
IN WTI'NESS WHEREOF,the Seller has executed this Bill of Sale this if' day of June,
2004.
SELLER: �.
Cheshire Investment,LW,a Colorado limited liability company
By: Shamrock Holdings Group,LLC,
a Colorado limited liability company,Member •
By:-� v�
Its: ifssi .
STATE'OF COLORADO )
/� )ss.
COUNTY OF .° e1pRihce: )
The foregoing t was acknowledged before me this$p lay of ne ,2004 by
L)C la+v as� of Shamrock Holdings Group,LLC,a Colorado limited
liability company&Member of Clt shire Investment,LW,a Colorado limited liability company.
Witness my hand and official seal. ADRIAN D. MORRIS
My commission expires: 8-'-/-0// NOTARY PUBLIC •
•
STATE OF CO ORAD.O
My Cam ' Ion u 1.2004
0 Pu is
E •
ahiBitA "
I •• iri the 81/Z of Sin/4 of. ''Suee:34a 13, , - •1• . , -
tot S Vt,the/ilia lilia:of eZ1/4• sec*iaa°,.i3,' " •
t:tat c ,iFi'the Nl/ ::�? 'aEll if, $eot�crn"; 3;'" • ,`..
" ▪all t, w*inahie 4 Nbrtl1 r ge 67 .1%99'6•af<'the` Ott :kt � co n ;Weld
• ata'{pt :col. ratio latt as t>uto3
i'.'P, eti',,' l'anpttsR,ld`�dbi�'• {d�:C,ao:r;13�.vie�,D;i1 Ott?>�;li. .,•r' '!:i", af.' ' X • r1 ,.'' '. ' • '
�,:'y: • .•t l r_ ti lad'
��ry,�,•,S:: .•�.•?oX lad rake,ii 0,., .`e :��•�_,}},,��� t.:
�,1�ilT�.tl.PJj ��-�£( �.Y,Stet?: ��.��•`914�'D�';th�•
{•,'� rr�G1Zhterflna *hi'Miter""litnYlimiA end 14Ott1IW aLS b 1 a;7110i CO:.• 'CPtiisoser] t '•
:'r s a,,. La i',parat3$h)f. i da asiallx' 'lbegitatl'p'veT'g!PC*.t a1 `�h".L'au�jl
•
`;'.;Sk-iS..ncaw• 1/t�:Mbi:.•the1_SE1A4 •tE' eee bnt:.1.3'r.: t'ar .p' 2�. Hb bi':i it]E E7.1.West.°'bE
•k t40,,10t�h�q'•i';11,1,' taA=iL*y •,ev iseld/ §tats ox-ta01- ar'ada ga id,Cen-Ot1.'Lne'' itiq'
• - •
th.orei•f4.4�. ':'desc 1bett'`ate fo1`l !• . •':. • ' : .. :r^M1 ry] •,t :, 't4 ' '•. :' .''.... , t;'. • 1
Et�Zj fiii ug. .d,,poLiit:'OIL;:tiie'.'tto 3 •e, * 1:. fit• 4' a i ai a8h''1 rte'�','a. cl` ' • �P. 1!4'�t'r .'8 d' ;'"'r..• :'I's
• ; ti¢ti: 13i a''ilitatalitia?ti ': �k$5"• eet�note'•or'•4SGj'A"$as a tha soa t',J
-+ tontnr at said �4 4f: .$El 4 bf S �'' ' G".;_; taeia
�'� '� ! said• �its�i.;i3: !. •° ° 'iar•..::�:: :�
tiie North .q 4d�ides 5S, taitivtee'lWes *P9 '14, f3tr `:
.Y. ,.
,'lead, tWl/4'.;of hfr1(4.".of-said',ddetiona•1i,5.;a'rdit et bf'a701.'teet,k;,,in ±'e .' `r :,•"less',,least bE the'•NoFt st`t±orn r bf, •said=nw1/ o ,ss1<<!t tip';laid Sectidat '2 ".
+13 g.w eiHg�'a''p leo of 'thy! strip p t lai4 de 0,7'
1r' reth.rded'i boE 31t' at:2 d. ,y c•
"t"'ti',J a•'r' :!4�' ,!" •N' f\ j}: '', pet :1''� ar J.. .�I �.IJ:: 'a•r. S
-$ PTIii'f0. ,,a tfairt" ;oif laixZJ�ci9nve�i�d: 1:0 '14t31s .,"�CSiinti•�',:bYl • .; �.,:
•aCki_ •
•S@Giy ; 9be:#.1li1:1314:LA:5459Iti[ d9 dta4Pdl'@:!+Lb': ` ' , .Y . .. li' 'u ':�
r a t 1 r. , a rr ,a} 1 r r °,• : Y,. ' : r dikhmI*G R1 • 61k a. tfact bf t 1 '�}t�Y►ae red to �deadt>w Te(a;ul +: ', * a
I- ar`i9i[f 1oY1 Caaaggn" tier 1 , 3 ' Peed' •tided. oat f9 .•I,196'Z. ih gaold 517 A
xo: •14dii4i1 1 4 �. '.h'+';'• :,r i ' '[ ' • • !
tM1'f11:J1 a:r'U. 1� s ry, f. f.r � r.. . ;i�J!• i 4 z'n..1.Z.
VYk°,fir' •:i .i.':: - \•l. c Y':
1;13. .1.
,i• � ' .;thy; • : ;, ;.� ,:. 1..' &sf !}nie . Y '•4' •�n;. qq ,1 ��ii�
.w' < rl. r •
r • ,*� f;••, .r, i!t' {1i r • v , , p:t,� .7 .ti} ; { S la ,iF Y11 .ti• ,7i1
••? lt'v ,.r .t ,`li .i• k ! 'jat • •
} - • ' f l ,gT" Y k 1„X It ••••••,,•14:,•.,7O • 3
a r!4 Y ° ,11.:9::,1;r1. d1ye 1 , r• ] f l 4:1'ks,I' .. °A i,l l,';. ' '• ' S {J' pr
•"!,t• Xr ' r S 1 • . 1, [ ,a 1 \' r. f ,t 1 r • r r
Y • i41' e :t .•4:! + .1r:4: L r. .d}r' e!
.. •, tai. "'r - • ! ; "• S: ..,: fir;
-�iY ,° �,li.y(c1� ��
"%�a'i'•,��'!i .i't .a�:i_tiq b'. ! .y" .f` ,1, d'y •H..} et .a,.; 6f -
„Fi'1:: 't�. '�!'' •el': �rr .l� :q:.b rl'' ,��t aJ . ;:].{i}:.. '�ti::
•''F' ,• •]�r 'r} .:r; .t''• :it..}'i
itr '.i ' :ti. liv • t3 : • r ''• a' (r`•^"`�:4•.'il`- :''. ..� r.7 . :1• .`..
,}ii�
v �; if .Nsr!'.nr.t '...p ,.Y•:7[! �`tS a'r:r:.# ' s.7;,�Yl y�:' r₹ , n�. =..
1 r , S ••••z.
-`'t�Sr ":t• 1 ai <Y'' °sr, tk {. ] " ,1•q K 4 '» r j e .Y \t \
1 � { ��� Y r�� �1' 1 •�.�te:l:'. ,:eat' \e
OCT-06-2006 FRI 03:59 PM FAX N0, P. 01/01
- - „�
Report Dab: 10/0612006 03:57PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCFEDULE NO;R5386186
ASSESSED TO:
SW CHAMBERS LLC
333 W HAMPDEN AVE#810
ENGLEWOOD,CO 80110
LEGAL DE SCRIPTION:
20281 L4-;-613-2-87 LUPTON MEADOWS DIVE EXC 3.03A OG&M TO GINS CO(1R 1D)SITUS:WELD
00000
PARCEL: 131113001002 SITUS ADD: WELD PAID TOTAL DUE
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES
TAX 1,258.92 0.00 0.00 1,258.92 0.00
2005 0.00
TOTAL TAXES �, �
GRAND TOTAL DUE GOOD THROUGH 1010612006
CAD 0�
ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 3116
Authority Mill Levy Amount Values Actual Assessed
WELD
COUNTY 17.900 344.23 AGRICULTUR 29,957 6,890
SCHOOL DIST RE8 18.399 353.81 AGRICULTUR 887 260
NCW WATER 1.000 19.23 AGRICULTUR 129,154 10280
CCW WATER 0.607 11.67
CWC WATER 0.000 0.00 TOTAL 159,998 19,230
CENTRAL COLO WATER WELL(CCA) 8.922 00 173.07
FORT LUPTON FIRE
AIMS JUI.IOR COL 6.357 122.25
WELD LIBRARY 3.281 63.09
TAXES FOR 2005 65.466 1258.92 -
ALL TAX LEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
CONTACT D PRIORIG AND O REMITTANCE AFTER INT AFER THE FOLLOWINGCHANGES MAY
PERSONAL PROPR AND PERTY ANDER'S OFFICE WILL MOBILE HOMES-AUGUST 1 BE
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O.Box 458
Greeley,CO 80632
(970)3533845 ext 3290
•
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached
Statements)of Taxes Due, issued by the Weld County Treasurer, are .
Evidence that, as of this date, all property taxes, special,assessments and
Prior tax liens currently due and payable connected with the parcel(s)
identified therein have been paid in full. •
•
/Q4�b/ .
Si —�
Date
EQUITY TITLE OF
COLORADO
Date: September 15,2006
Our File Number: CO22667 JRS C2
Re: SW Chambers LLC sale to Hydrosource Acquisitions
Commercial Escrow Officer: Linda Hull—Ihull@equitycol.com—303.375.4949
Escrow Assistant Kris Niedringhaus—kniedringhaus@equitycot com—303.375.4950
Title Officer: Jef Stanton—jstanton@equitycoLcom—303.375.4941
Delivery List
Seller: Buyer's Counsel:
SW Chambers, LLC Lottner Rubin Fishman Brown and Saul
333 W. Hampden Ave.,Suite 810 633 17`"St., Suite 2700
Englewood,CO 80110 Denver,CO 80202
Attn: Mark D.Campbell Attn: Rick J. Rubin
Ph: 303.292.1200 Fax: 303.292.1300
Seller's Counsel: rrubin@lrfleoal.com
Lawlis& Bruce, LLC sross@lrflegal.com
J.—..1875 Lawrence St., Suite 750
Denver,CO 80202 Copy to:
Ph:303.573.5498 Fax:303.573.5537 Harvey W Curtis&Associates
Attn: Bob Bruce—bobbruce@lawlisbruce.com 8310 So. Valley Hwy, Suite 230
Attn: Kim Ireland-kimireland@lawlisbruce.com Englewood,CO 80112
Phone:303.292.1144
Buyer: Attn: Patricia Madsen
Hydrosource Acquisitions, Inc. pmadsen@curtis-law.com
365 Inverness Parkway,Suite 150
Englewood,CO 80111
Attn:Carl Nelson
Carl.nelson@pulte.com
Attached please find: Updated Title Commitment
This revision includes the following changes:
Updated effective date, no further changes
3950 Lewiston,Suite 100 Aurora,CO 80011
Phone: (303)373-5500 • Fax: (303)373-5548
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, 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 A, as owner of 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 Schedule A
and B and to the conditions and Stipulations hereof.
This 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 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 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. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF,the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This commitment is
effective as of the date shown in Schedule A as"Effective Date."
CHICAGO TITLE INSURANCE COMPANY
sr _-a, y: 7ap,& f `
; ATTEST Peals
Mowry
A d 0 au a Agent
alka EQUITY TITLE OF
COLORADO
WIRING INSTRUCTIONS ARE AS FOLLOWS:
When wiring funds to: Equity Title of Colorado
3950 Lewiston, Suite 100 Aurora, CO 80011
Please provide the following information to the bank that will wire the funds.
Wire To:
Comerica Bank
Costa Mesa, CA
ABA#121137522
Credit To:
Equity Title of Colorado
TRUST ACCOUNT
Account No.: 1892398353
Please Reference:
Principal's Name:
Commitment/Escrow No.: 00022667
Property Address: SW Chambers LLC , CO
3950 Lewiston,Suite 100 Aurora,CO 80011
Phone: (303)373-5500 • Fax: (303)373-5548
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment Number CO00022667 JRS C2
PROPERTY ADDRESS:
SW Chambers LLC,,CO
SCHEDULE#s: 1311-13-0-01-002; 1311-13-0-01-003
1. Effective date: September 8,2006 at 7:30 a.m.
2. Policy or policies to be issued: Amount Premium
A. ALTA 1992 Owner's Policy-Proposed Insured: $4,050,000.00 $ 2,642.00
Hydrosource Acquisitions,Inc.,a Michigan corporation
B. None-Proposed Insured: $ $
C. None-Proposed Insured: $ $
ALTA 1992 Owner's Policy—Owner Reissue Rate $ 2,642.00
Deletion of 1-4 $ 110.00
TOTAL $ 2,752.00
3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at
the effective date hereof vested in:
SW Chambers,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.
Issued by:Equity Title of Colorado
As Agent for: Chicago Title Insurance Company-C ''
Co. .,fitment Number CO00022667 JRS C2
SCHEDULE B-1 Requirements
The following are to be complied with:
A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.
B. Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record,to-wit:
i. Warranty Deed satisfactory to the Company,from SW Chambers,LLC,a Colorado limited liability company,vesting
fee simple title in and to Hydrosource Acquisitions,Inc.,a Michigan corporation.
C. Release of the Deed of Trust dated March 8,2004,from Cheshire Investment,LLC,a Colorado limited liability company to
the Public Trustee of Weld County,to secure an indebtedness in the original principal amount of$1,580,000.00,for the
benefit of Heit Farm,Ltd.,LLP,a Colorado limited liability limited partnership,recorded March 12,2004 at Reception
Number 3161453.
NOTE: Amendment to Deed of Trust in connection therewith recorded July 29,2004 at Reception Number 3203594.
D. Receipt by the Company of the following documentation for SW Chambers,LLC,a Colorado limited liability company:
Operating Agreement,and all amendments thereto,if any.
E. Receipt by the Company of the following documentation for Hydrosource Acquisitions,Inc.,a Michigan corporation:
Certificate of Good Standing issued by the Michigan Secretary of State.
Articles of Organization as filed with the Michigan Secretary of State.
Operating Agreement,and all amendments thereto,if any.
F. Receipt by the Company of an ALTA/ACSM Land Title Survey,certified to Equity Title of Colorado and to Chicago Title
Insurance Company,and in form and content satisfactory to the Company.
NOTE: The Company reserves the right to make further requirements and/or exceptions upon review of this survey.
G. Receipt by the Company of a satisfactory Final Affidavit,executed by SW Chambers,LLC,a Colorado limited liability
company.
H. Receipt by the Company of a satisfactory Final Affidavit,executed by Hydrosource Acquisitions,Inc.,a Michigan
corporation.
I. Payment of all taxes and assessments now due and payable.
Issued by:Equity Title of Colorado
G._..nitment Number CO00022667 JRS C2
SCHEDULE B-2 Exceptions
The policy or policies to be issued will contain exceptions to the following 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 by the public records.
3. Discrepancies,conflicts in boundary lines,shortages in area,encroachments,and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
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. Water rights,claims or title to water,whether or not shown by the public records.
7. Taxes and assessments which are a lien or are now due and payable;any tax,special assessment,charge or lien imposed for
or by any special taxing district or for water or sewer service;any unredeemed tax sales.
8. Right of way,whether in fee or easement only,for railway,as reserved by Denver Pacific Railway and Telegraph Company
in the Deed recorded May 2, 1878 in Book 25 at Page I I.
(Affects that part of Lot 4 in the Southwest 1/4 Northeast 1/4 and that part of Lots 5 and 6 in the Northwest 1/4 Southeast 1/4)
9. Rights of way, whether in fee or easement only,for county roads 30 feet wide on each side of section and township lines as
established by Order of the Board of County Commissioners for Weld County,recorded October 14, 1889 in Book 86 at Page
273.
(Affects Lot 4 only)
10. Right of a proprietor of any penetrating vein or lode to extract his ore,as set forth in U.S.Patent recorded January 26, 1891 in
Book 57 at Page 128.
(Affects that part of Lot 4 in Southeast 1/4 of the Northeast 1/4)
11. Easements,notes,covenants,restrictions and rights of way as set forth on the recorded plat of Lupton Meadows Land Co.,
Division No. 1,recorded September 3, 1909 at Reception Number 145051.
12. All ores and minerals, including oil and gas,and also gravel from the gravel pits,and other reservations as set forth in the
Deed from The Great Watern Railway Company recorded December I, 1948 in Book 1238 at Page 252,and any and all
assignments thereof or interests therein.
(Affects strip of land 100 feet wide in the Northwest 1/4 Southeast 1/4)
13. Oil and gas lease between Casper Heit and Anna M.Heit a/k/a Anna Mary Heit and Energy Minerals Corporation recorded
June 10, 1970 in Book 627 at Reception Number 1548851,and Ratification of Lease and Ratification and Consent to
Unitization in connection therewith recorded January 6, 1983 at Reception Numbers 1913570 and 1913575,and any and all
assignments thereof or interests therein.
NOTE: Affidavits of Production in connection therewith recorded January 13, 1976 in Book 757 at Reception Number
1678697,June 8, 1993 in Book 1386 at Reception Number 2336159,May 26, 1995 in Book 1493 at Reception Number
2440009,and March 26,2001 at Reception Number 2834922.
(Affects Lots 4,5 and 6)
Issued by:Equity Title of Colorado
14. Oil and Gas Lease recorded January 26, 1973 in Book 684 at Reception Number 1606127,and any and all assignments
thereof or interests therein.
r
15. Right of way for a pipeline and incidental purposes as granted to Amoco Production Company,a Delaware corporation
recorded January 25, 1978 in Book 821 at Reception Number 1742597.
16. An easement and right of way for a pipeline and incidental purposes as set forth in an instrument recorded September 4, 1980
in Book 913 at Reception Number 1835054.
17. The effect of the following notices pursuant to CRS 9-1.5 103 concerning underground facilities, which are general in nature
and do not necessarily give notice of underground facilities within the property:
(a) Mountain Bell Telephone Company recorded October I, 1981 in Book 949 at Reception Number 1870705.
(b) Public Service Company of Colorado,recorded November 9, 1981 in Book 952 at Reception Number 1874084.
(c) Colorado Interstate Gas Company,recorded August 31, 1984 in Book 1041 at Reception Number 1979784.
(d) Panhandle Eastern Pipe Line Company,recorded June 26, 1986 in Book 1117 at Reception Number 2058722.
(e) Associated Natural Gas. Inc.,recorded April 10, 1989 in Book 1229 at Reception Number 2175917.
(f) United Power,Inc.,formerly Union Rural Electric Association,Inc.,recorded January 24, 1991 in Book 1288 at
Reception Number 2239296.
18. An undivided six-tenths interest in all oil,gas,condensate,products and by-products in and under and that may be produced
from subject property,as reserved in Deeds recorded March 7, 1989 in Book 1226 at Reception Numbers 2172701,2172702,
2172703,2172704,2172705,2172706,2172707,2172708,2172709 and 2172710,and any and all assignments thereof or
interests therein.
19. All oil,gas,condensate,products and by-products,as reserved in the deed recorded February 8,2000 at Reception Number
2748554,and any and all assignments thereof or interests therein.
20. The effect of Request for Notification of Surface Development recorded May 28,2002 at Reception Number 2955315.
21. Terms,conditions,provisions,obligations,easements and agreements as set forth in Agreement recorded April 16,2003 at
Reception Number 3053083.
22. Terms,conditions,provisions,obligations and agreements as set forth in Surface Use Agreement recorded May 6,2003 at
Reception Number 3059959.
23. Terms,conditions,provisions,obligations and agreements as set forth in the Agreement recorded May 21,2004 at Reception
Number 3182489.
24. Terms,conditions,provisions,obligations and agreements as set forth in the Long-Term Road Maintenance and
Improvements Agreement for County Roads 18 and 25 (Chambers)recorded April 8,2005 at Reception Number 3275788,
and re-recorded May 10,2006 at Reception Number 3387005.
25. Terms,conditions,provisions,obligations,easements and agreements as set forth in the map entitled"SW Chambers,LLC.
Heit Sand and Gravel Mine use by Special Review#1444",recorded December 15,2005 at Reception Number 3347617.
26. Terms,conditions,provisions,obligations,easements and agreements as set forth in the Right-of-Way Grant recorded May 8,
2006 at Reception Number 3385970.
27. Terms,conditions,provisions,leases and other rights,including the right to mine sand,gravel and other precious metals,as
set forth in the Master Gravel Lease recorded ,at Reception Number
28. Existing leases and tenancies.
Issued by:Equity Title of Colorado
NOTE: Upon receipt of a satisfactory survey and final affidavits,as shown in Schedule B -Section 1,Exceptions 1 through
4 will be deleted.
NOTE: Provided Equity Title of Colorado conducts the closing of this transaction,Exception 5 will be deleted.
NOTE: Upon payment of all taxes and assessments now due and payable,as shown in Schedule B-Section I,Exception 7
will be amended to read as follows: "Taxes and assessments for the year 2006 and subsequent years,a lien,not yet
due or payable."
Issued by:Equity Title of Colorado
Commitment Number CO00022667 JRS C2
DISCLOSURE ATTACHMENT
Pursuant to C.R.S.30-10-406(3)(a)all documents received for 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 file any document that does not conform to the requirements of this section.
Pursuant to C.R.S.39-22-604.5,if this transaction includes a sale of the 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. 10-11-122,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 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 Count'Treasurer'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.38-35-125(2)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 withdrawal
as a matter of right.
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 he responsible
for all matters which appear on the record prior to such time of 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 others. The general requirements stated above are subject to revision and approval by the
Company.
Pursuant to C.R.S. 10-11-123,the Company hereby notifies the proposed buyer in the current transaction that there is recorded
evidence that the mineral estate,or a portion thereof,has been severed,leased,or otherwise conveyed from the surface estate.
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.
Issued by:Equity Title of Colorado
Commitment Number CO00022667 JRS C2
Exhibit A-Legal Description
Lot 4 in the South 1/2 of the Northeast 1/4 of Section 13;
Lot 5 in the North 1/:of the Southeast 1/4 of Section 13;
Lot 6 in the North ''/ of the Southeast 1/4 of Section 13;
all in Township 2 North, Range 67 West of the 6`s P.M., County of Weld, State of Colorado, platted as LUPTON
MEADOWS LAND CO.,DIVISION NO. I;
ALSO
A strip of land 100 feet wide, being 50 feet wide on each side of the centerline of the Denver, Laramie and
Northwestern Railway Co. (formerly a Wyoming Corporation), as originally located over, across and through the
Northwest 1/4 of the Southeast 1/4 of Section 13,Township 2 North, Range 67 West of the 6ih P.M., County of Weld,
State of Colorado, said centerline being more fully described as follows:
Beginning at a point on the South line of said Northwest 1/4 of the Southeast 1/4 of said Section 13, a distance of 465
feet, more or less, East of the Southwest corner of said Northwest 1/4 of the Southeast 1/4 of said Section 13; thence
North 07°58' West to a point on the North line of said Northwest 1/4 of the Southeast 1/4 of said Section 13, a distance
of 270 feet, more or less,East of the Northwest corner of said Northwest 1/4 of the Southeast 1/4 of said Section 13
(Being a portion of the strip of land described in that certain deed recorded in Book 314 at Page 440);
EXCEPTING THEREFROM a tract of land conveyed to Weld County by deed recorded June 12, 1914 in Book 393
at Page 416;
ALSO EXCEPTING THEREFROM a tract of land conveyed to Meadow Island Irrigation Company No. I by Deed
recorded January 23, 1967 in Book 577 at Reception Number 1499388;
County of Weld,
State of Colorado.
Issued by:Equity Title of Colorado
CONDITIONS AND STIPULATIONS
L The term"mortgage,"when used herein,shall include deed of trust,trust deed,or other security instrument.
2. If the proposed Insured has or acquires 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 be 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 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 Exclusions from Coverage and the
Conditions and Stipulations of the form of policy or 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. Any claim of loss or damage,whether or not based on negligence,which arises out of the status of the title to the
estate or interest or the lien of the insured mortgage covered hereby,or any action asserting such claim,shall be
restricted to the provisions and Conditions and Stipulations of this Commitment.
EQUITY TITLE OF COLORADO
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act(GLBA)generally prohibits any financial institution, directly or through its affiliates,
from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with
a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document,
which notifies you of the privacy policies and practices of EQUITY TITLE OF COLORADO.
We may collect nonpublic personal information about you from the following sources:
•Information we receive from you,such as on applications or other form.
•Information about your transactions we secure from our files,or from our affiliates or others.
•Information we receive from a consumer reporting agency.
•Information that we receive from others involved in your transaction,such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to
nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
•Financial service providers such as companies engaged in banking,consumer finance,securities and insurance.
•Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in order
to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
Hello