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Home My WebLink About20060953.tiff 111111 IIIII IIIII I11�1111111111111111111111111111111111 c 274 3280274 04/25/2005 01:43P Weld County, CO 1 of 31 R 156.00 D 950.00 Steve Moreno Clerk & Recorder Special Warranty Deed (HP) This Deed, made as of the 20th day of April, 2005, by and between Perkins Land & Livestock II, LLC, a Colorado limited liability company, as grantor("Grantor"), and HP Farms LLC, a Colorado limited liability company, whose legal address is 9145 E. Kenyon Avenue, Suite 200, City and County of Denver, State of Colorado, as grantee ("Grantee"), Witnesseth, Grantor, for and in consideration of the sum of Nine Million Five Hundred Thousand Dollars ($9,500,000),the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein Together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of n Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, and subject to those matters set forth on Exhibit B attached hereto and made a part hereof by reference. To Have and to Hold the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, its successors and assigns, does covenant and agree that she shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor. In witness whereof, Grantor has executed this Deed on the date set forth above. Perkins Land & Livestock II, LLC, a Colorado limited liability company By: P `f (iyt� �N J�.L}er re cu c4'o rah, n fo: 0 P. Davi Perkins, Manager P,u�ud4ActNTi s, Lt--c' to. e1145 6'- V 'rn�Gv� Ave, . ate_ o 2006-0953 IDIOM 11111 11111 Illllr DlII 111111 III IIIII Iill IIII 3280274 04/25/2005 01:43P Weld County, CO 2 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 6(11-‘ day of April, 2005, by P. David Perkins, as Manager of Perkins Land &Livestock II, LLC, a Colorado limited liability company, on its behalf My commission expires: 1 15'oa Witness my hand and official seal. (S E A L • ........ %05 Notary Public a 1j n' Oi ' CQ�dHAC�fr'y n 2 HUM 11111 11111 11111 at 111111 III MI MI II 3280274 04/25/2005 01:43P Weld County, CO 3 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder Exhibit A to Special Warranty Deed (HP) (Legal Description) r 3 • 1 111111 11111 11111 111111 11111 Mill iii 11111 1111 1111 3280274 04/25/2005 01:43P Weld County, CO 4 of 31 R, 156.00 D 950.00 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION - PARCEL A SHEET 1 OF 4 PARCEL A A PARCEL OF LAND BEING THE SOUTHWEST QUARTER OF SECTION 4, THE EAST HALF OF SECTION 5, ALL OF SECTION 7 AND 8, PORTIONS OF SECTION 9, 17 AND 18, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. AND ALL OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 7, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR NORTH 88'34'38" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE NORTH 88'34'38" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88'34'38" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7, A DISTANCE OF 2450.04 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 88'33'53" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 2624.23 FEET TO THE NORTHEAST CORNER OF SAID SECTION 7; THENCE NORTH 88'55'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 8, A DISTANCE OF 2637.26 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 00'36'02" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5, A DISTANCE OF 2623.67 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE NORTH 00'36'02" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2617.72 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 89'00'37" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 32, A DISTANCE OF 2638.29 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 00'24'55" WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 2629.68 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE NORTH 00'25'26" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 2629.31 FEET TO THE NORTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 88'47'51" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32, A DISTANCE OF 2635.28 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 88'48'10" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 2634.89 FEET TO THE NORTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 00'29'52" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 2638.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE SOUTH 00'29'48" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 2638.56 FEET TO THE NORTHEAST CORNER OF SECTION 5; THENCE SOUTH 00'14'13" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2616.95 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE NORTH 89'09'35" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 4, A DISTANCE OF 2624.68 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 00'04'11" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2624.85 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 89'13'14" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2616.60 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE SOUTH 00'12'53" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 9, A DISTANCE OF 150.01 FEET; f"N Carroll & Lange Professional Engineers 8 Land Surveyors 165 South Union Blvd.,Sulle 156 / Lakewood,Colorado 80220 PHONE:(303)900-0200 FAX 1303 980-091) W'MV.CMR0LLUNGE.GUM P:\3325\EXHIBITS\PARCEL A.8.C,0.DWG, SHEET I OF 4,PREPARED 4/19/05, REV • IIIIII Ill Hill 11111 HMI lit 111111111 11111Iill IIII 3280274 04/25/2005 01:43P Weld County, CO 5 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION - PARCEL A SHEET 2 OF 4 THENCE NORTH 89'13'14" EAST, A DISTANCE OF 5235.84 FEET TO A POINT ON THE EAST LINE OF I THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 01'13'26" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 2493.41 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 01'13'28" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 1818.33 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN BOOK 1636, PAGE 232 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID PARCEL DESCRIBED IN BOOK 1636, PAGE 232 THE FOLLOWING TWO (2) COURSES; 1) SOUTH 89'40'42" WEST, A DISTANCE OF 1005.00 FEET; 2) SOUTH 01'13'28" EAST, A DISTANCE OF 825.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 89'40'42" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 1658.01 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 89'40'42" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 9, A DISTANCE OF 2663.01 FEET TO THE SOUTHEAST CORNER OF SECTION 8; THENCE SOUTH 88'54'40" WEST, ALONG THE SOUTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 8, A DISTANCE OF 1325.42 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 8; THENCE SOUTH 88'56'39" WEST, ALONG THE SOUTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 8, A DISTANCE OF 800.86 FEET TO THE NORTHEAST CORNER OF THAT RECORDED EXEMPTION NO. 1305-17-2-RE2827 OF THE WELD COUNTY RECORDS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID RECORDED EXEMPTION N0. 1305-17-2-RE2827 THE FOLLOWING THREE (3) COURSES; 1) SOUTH 43'30'34" WEST. A DISTANCE OF 760.92 FEET; 2) SOUTH 28'31'48" WEST, A DISTANCE OF 391.52 FEET; 3) SOUTH 12'08'48" WEST, A DISTANCE OF 451.95 FEET; THENCE NORTH 88'57'32" EAST, A DISTANCE OF 31.74 FEET; THENCE SOUTH 05'44'56" EAST, A DISTANCE OF 527.78 FEET; THENCE SOUTH 27'52'19" EAST, A DISTANCE OF 537.25 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 17; THENCE SOUTH 01'17'57" EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 317.94 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 17, SAID POINT ALSO BEING THE NORTHEAST CORNER LOT B OF THAT RECORDED EXEMPTION 1305-17-3 RE-3467 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT B RECORDED EXEMPTION 1305-17-3 RE-3467 THE FOLLOWING THREE (3) COURSES; 1) SOUTH 01'19'55" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 17, A DISTANCE OF 2147.26 FEET TO THE NORTHEASTERLY CORNER OF LOT A OF SAID RECORDED EXEMPTION; 2) SOUTH 89'07'59" WEST, AND ALONG SAID LOT A, A DISTANCE OF 466.69 FEET; 3) SOUTH D1'19'55" EAST, AND ALONG SAID LOT A, A DISTANCE OF 466.69 FEET THENCE NORTH 89'07'59" EAST, A DISTANCE OF 466.69 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17; Carroll & Lange 2 Professional Engineers A Land Surveyors 165 South Union Blvd.,Suite 156 Lakewood,d. Colorado 60228 FHONE: )odo-00O200 WS'AV.CAAR0LL-LANGE.00M P:\3325\EXHIBITS\PARCEL A,B,C.D.DWC, SHEET 2 OF 4,PREPARED 4/19/05. REV. • 1111 1011 EM I I I I L 11111111111 III 1111111111111 ^ 3280274 04/25/2005 01:43P Weld County, CO 6 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION - PARCEL A SHEET 3 OF 4 THENCE SOUTH 01'19'55" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE SOUTH 89'07'59" WEST, ALONG THE SOUTH LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1325.58 FEET TO THE WEST SIXTEENTH CORNER OF SECTION 17; THENCE SOUTH 89'07'27" WEST, ALONG THE SOUTH LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1295.52 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 51; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 51, AND PARALLEL WITH THE WEST LINE OF SECTION 17, THE FOLLOWING TWO (2) COURSES; 1) NORTH 01'19'00" WEST, A DISTANCE OF 2640.25 FEET; 2) NORTH 01'19'32" WEST, A DISTANCE OF 1319.95 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1305-17-2-RE2827 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT A, RECORDED EXEMPTION NO. 1305-17-2-RE2827 THE FOLLOWING THREE (3) COURSES; 1) NORTH 88'58'47" EAST, A DISTANCE OF 630.00 FEET; 2) NORTH 01'18'51" WEST, A DISTANCE OF 330.00 FEET; 3) SOUTH 88'58'47" WEST, A DISTANCE OF 630.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 51; THENCE NORTH 01'18'51" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND PARALLEL WITH THE WEST LINE OF SECTION 17, A DISTANCE OF 990.08 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 8; THENCE SOUTH 88'54'43" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE SOUTH 88'46'35" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 51; THENCE SOUTH 01'18'51" EAST, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 51 AND PARALLEL WITH THE EAST LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, A DISTANCE OF 1319.40 FEET TO THE NORTH SIXTEENTH CORNER OF SECTION 18; THENCE SOUTH 01'19'32" EAST, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 51 AND PARALLEL WITH THE EAST LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, A DISTANCE OF 720.15 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1305-18-1 RE-3731 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT A, RECORDED EXEMPTION NO. 1305-18-1 RE-3731, THE FOLLOWING THREE (3) COURSES; 1) SOUTH 88'56'49" WEST, A DISTANCE OF 362.81 FEET; 2) SOUTH 01'19'32" EAST, A DISTANCE OF 600.32 FEET; 3) NORTH 88'56'49" EAST, A DISTANCE OF 362.81 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 51; THENCE SOUTH 01'19'00" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 51 AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 18, A DISTANCE OF 2639.92 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18; THENCE SOUTH 89'07'45" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 2605.71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 18; ^ Carroll & Lange 2 Prolesslonal Engineers a Land Surveyors " Lakewood,Union Blvd.,00228e 156 Lakewood05th UnionBl 80228 PHONE:(303 980-0200 FAX 1301)090-09ii W VW.CAPROLL.ANGECQM P\3325\EXHIBITS\PARCEL A,B.C,O_DwC. SHEE1 3 OF 4, PREPARED 4/19/05, REV 11111111m1111111111111111111111111111iii1111111111111 3280274 04/25/2005 01:43P Weld County, CO `1 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION - PARCEL A SHEET 4 OF 4 THENCE NORTH 01'02'20" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 2631.61 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 88'56'51" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18, A DISTANCE OF 2401.45 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49, THE FOLLOWING THREE COURSES; 1) NORTH 00'33'56" WEST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 18, A DISTANCE OF 2625.90 FEET; 2) NORTH 00'30'34" WEST AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 7, A DISTANCE OF 2613.01 FEET; 3) NORTH 00'30'29" WEST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, A DISTANCE OF 2612.77 FEET TO THE POINT OF BEGINNING. CONTAINING 3707.29 ACRES OF LAND, MORE OR LESS. • f` Carroll & Lange Professional Engineers 6 Land Surveyors 165 South Union Blvd.,Sulte 156 HIONE:I11 31960-020028 EV CCA ROLLIANGE.COM P,\3325\EXHIBITS\PARCEL A,B.C,DDWG, SHEET 4 OF 4, PREPARED 4/19/05, REV 111111111111111111111111111111111111111 ill 1111111111111 3280274 04/25/2005 01:43P Weld County, CO 8 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION - PARCEL B SHEET 1 OF 1 PARCEL B A PARCEL OF LAND BEING A PORTION OF THE NORTH HALF OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 13, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR NORTH 88'34'38" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO THENCE NORTH 00'08'26" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 13, A DISTANCE OF 2619.05 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES; 1) SOUTH 89'36'47" EAST AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 13, A DISTANCE OF 2595.70 FEET; 2) SOUTH 89'36'40" EAST AND PARALLEL WITH THE NORTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 1297.47 FEET; 3) SOUTH 8937'04" EAST AND PARALLEL WITH THE NORTH LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 1267.82 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49; THENCE SOUTH 00'33'56" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 2595.92 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 13; THENCE NORTH 89'49'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13. A DISTANCE OF 2573.51 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH 89'55'19" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, A DISTANCE OF 2606.57 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 309.35 ACRES, MORL OR LESS. t Carroll &. Lange Professional Engineers&Land Surveyors 165 SouthUnion Blvd..Suite 156 , PH0N(ea.Colmaa-80326 FAX:(3 3)980-89-0200 EA;: .CAR980-0BD W WN.CARRDLL{ANGECDM P:\3325\EXHIBITS\PARCEL A.B.C.D.DWG, SHEET 1 OF 1. PREPARED 4/18/05. REV. U!!YLJh!IL1AY!01(!11J1!!pphljjlll(11 llli 111 lllll 1111111! : e County, CO 9 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION - PARCEL C SHEET 1 OF 1 PARCEL C A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 14 AND THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M.. COUNTY OF WELD. STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 15, AND CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 15 TO BEAR NORTH 00'31'05" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE NORTH 00'31'05" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, A DISTANCE OF 2625.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD Na 22; THENCE NORTH 89'38'18" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 15, A DISTANCE OF 1906.02 FEET TO A POINT ON THE BOUNDARY OF LOT A RECORDED EXEMPTION NO. 1307-15-1-RE-2900 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT A RECORDED EXEMPTION NO. 1307-15-1-RE-2900 THE FOLLOWING THREE COURSES; 1) SOUTH 55'02'18" EAST, A DISTANCE OF 693.65 FEET; 2) NORTH 00'14'46" WEST, A DISTANCE OF 72.06 FEET; 3) NORTH 8938'18" EAST, A DISTANCE OF 200.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, SAID POINT ALSO BEING ON THE WESTERLY BOUNDARY OF PARCEL A RECORDED AT BOOK 995, RECEPTION NO..1926403 OF THE WELD COUNTY RECORDS; THENCE SOUTH 00'14'46" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 15 AND i.. ALONG SAID PARCEL A, A DISTANCE OF 342.40 FEET; THENCE ALONG SAID BOUNDARY OF PARCEL RECORDED AT BOOK 995, RECEPTION NO. 1926403 THE FOLLOWING THREE COURSES; 1) NORTH 89'45'12"' EAST, A DISTANCE OF 147.00 FEET; 2) NORTH 0014'46" WEST, A DISTANCE OF 221.13 FEET; 3) NORTH 44'56'06" EAST, A DISTANCE OF 633.47 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22 THE FOLLOWING TWO (2) COURSES; 1) SOUTH 89'53'06" EAST AND PARALLEL WITH THE NORTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 14, A DISTANCE OF 734.65 FEET; 2) SOUTH 89'52'34" EAST AND PARALLEL WITH THE NORTH LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14. A DISTANCE OF 554.16 FEET TO A POINT ON THE WESTERLY BOUNDARY OF PARCEL B RECORDED AT BOOK 995, RECEPTION NO, 1926403 OF THE WELD COUNTY RECORDS THENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL B, THE FOLLOWING THREE COURSES, 1) SOUTH 55'42'52" EAST, A DISTANCE OF 427.41 FEET; 2) SOUTH 00'20'11" EAST, A DISTANCE OF 30.00 FEET; 3) SOUTH 45'02'37" EAST, A DISTANCE OF 604.58 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 14; THENCE SOUTH 00'20'03" EAST, ALONG SAID EAST LINE OF THE NORTHWEST QUARTER OF SECTION 14, A DISTANCE OF 599.27 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 14; THENCE NORTH 89'54'02" WEST, ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 14, A DISTANCE OF 2664.25 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST OUARTER OF SECTION 15; THENCE SOUTH 00'14'46" EAST, ALONG SAID EAST LINE OF THE NORTHEAST QUARTER OF SECTION 15, A DISTANCE OF 1326.20 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 89'35'05" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 15, A DISTANCE OF 2660.32 FEET TO THE POINT OF BEGINNING. Carroll s Lange SAID PARCEL CONTAINS 225.47 ACRES, MORE OR LESS. Prof,\ 9 155 South Toni Blvd.8 Land Surveyors \' 155 South Union Blvd..80Salle 156 Lakewood.Colorado 20210 FA:(3:3)g OZ-10200 FAX .CAR OLL LAN 1'/W W.CAggOLL-UNGELOM P:\3325\EXHIBITS\PARCEL A,B,C,O.DWG, SHEET 1 OF 1, PREPARED 4/15/05, REV. 1111111 11111 11111 11111 11111111111 111111II11111111111111 3280274 04/25/2005 01:43P Weld County, CO 10 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION - PARCEL D SHEET 1 OF 2 PARCEL D A PARCEL OF LAND BEING A PORTION OF SECTION 1, ALL OF SECTION 2, A PORTION OF THE EAST HALF OF SECTION 11, AND A PORTION OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR NORTH 88'34'38" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO THENCE SOUTH 89'03'34" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2, A DISTANCE OF 2537.82 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2; THENCE SOUTH 89'49'07" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2, A DISTANCE OF 2610.24 FEET TO THE NORTHEAST CORNER OF SAID SECTION 2; THENCE SOUTH 02'07'44" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 2, A DISTANCE OF 2446.69 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 2; THENCE SOUTH 02'07'56" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 2, A DISTANCE OF 2616.64 FEET TO THE SOUTHEAST CORNER OF SECTION 2; THENCE SOUTH 88'23'24" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 12, A DISTANCE OF 2212.35 FEET; THENCE NORTH 74'29'42" EAST, ALONG A COURSE IN THE SOUTH HALF OF SAID SECTION 1, A DISTANCE OF 391.46 FEET; THENCE NORTH 89'39'42" EAST, A DISTANCE OF 228.39 FEET; THENCE SOUTH 00'21'03" EAST, A DISTANCE OF 123.02 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 12; THENCE CONTINUING SOUTH 00'21'03" EAST, A DISTANCE OF 1453.13 FEET; THENCE SOUTH 30'32'58" EAST, A DISTANCE OF 1320.85 FEET; THENCE SOUTH 87'00'20" EAST, A DISTANCE OF 1636.76 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 THE FOLLOWING TWO (2) COURSES; 1) SOUTH 00'30'29" EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, A DISTANCE OF 1.06 FEET; 2) SOUTH 00'30'34" EAST AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 7, A DISTANCE OF 2583.26 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22 THE FOLLOWING THREE (3) COURSES; 1) NORTH 89'37'04" WEST AND PARALLEL WITH THE NORTH LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 1267.25 FEET; 2) NORTH 89'36'40" WEST AND PARALLEL WITH THE NORTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 1297.79 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 12; 3) NORTH 89'36'47" WEST AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 13, A DISTANCE OF 2234.48 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN BOOK 892, RECEPTION NO. 1814338 OF THE WELD COUNTY RECORDS; Carroll & Lange Professional Engineers 8 Land Surveyors Lakewood,05 South Union Coian Blvd.. ire 156 165So 13 Culond000220 PHONE:(303)90917 EAX-(3031900-09V WN^N.CARHOLL{pNGECOM P:\3325\EXHIBITS\PARCEL A,B,C,D.Dwo, SHEET 107 2. PREPARED 4/19/05, REV. • 1111111 11111 11111 11111 11111111111 111111II11111111111111 • 3280274 04/25/2005 01:43P Weld County, CO 11 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION - PARCEL D SHEET 2 OF 2 THENCE ALONG SAID BOUNDARY OF SAID PARCEL THE FOLLOWING THREE (3) COURSES; 1) NORTH 00'23'13" EAST, A DISTANCE OF 360.00 FEET; 2) NORTH 89'36'47" WEST, A DISTANCE OF 360.00 FEET; 3) SOUTH 00'23'13" WEST, A DISTANCE OF 360.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE NORTH 89'36'47" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 0.94 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 11, SAID POINT ALSO BEING A POINT ON THE EASTERLY BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1307-11-4-AMRE-586 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1307-11-4-AMRE-586, THE FOLLOWING THREE (3) COURSES; 1) NORTH 00'03'07" EAST, A DISTANCE OF 260.00 FEET; 2) NORTH 89'52'39" WEST, A DISTANCE OF 300.00 FEET; 3) SOUTH 00'03'07" WEST. A DISTANCE OF 260.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 22; THENCE NORTH 89'52'39" WEST, PARALLEL %MTH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION N. AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22, A DISTANCE OF 2362.46 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11; 'o•-. THENCE NORTH 00'07'19" WEST, ALONG SAID WEST LINE, A DISTANCE OF 2629.89 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 11; THENCE NORTH 00'07'10" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 2660.27 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 11; THENCE SOUTH 89'48'19" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 2, A DISTANCE OF 2677.84 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 00'02'04" EAST. ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 2647.61 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE NORTH 00'25'50" EAST. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 2480.19 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1425.91 ACRES, MORE OR LESS. EXCEPTING THEREFROM A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 12, AND CONSIDERING THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 00'13'59" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 88'59'39" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 00'13'59" WEST, A DISTANCE OF 700.00 FEET; THENCE SOUTH 88'59'39" EAST, A DISTANCE OF 20.00 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12; THENCE SOUTH 00'13'59" EAST, ALONG SAID EAST LINE, A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING. SAID EXCEPTION PARCEL CONTAINS 0.32 ACRES • CONTAINING A NET AREA OF 1425.59 ACRES, MORE OR LESS TOTAL NET AREA OF PARCELS A, B, C, & D IS 5667.70 ACRES, MORE OR LESS Carroll & Lange 2 Professional Engineers&Lana Surveyors 165 South Union Blvd.,Suite 156 400 Lakewood(,Colorado) 50228 EAtI�3O31980-09-0200 VhWV.CARROLIIA IGE.COM P:\3315\E%Hi&TS\PARCEL A,B,C,D.DWG. SHEET 2 OF 1. PREPARED 4/19/05, REV. • I11111111111111111111111111111II111111iii111111 III 1111 3280274 04125/2005 12 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION - 880AC SHEET 1 OF 1 • EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: A PARCEL OF LAND BEING A PORTION OF SECTIONS 5, 7 & 8, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE SIXTH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 7, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7 TO BEAR NORTH 88'34'38" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 88'34'38" EAST, ALONG SAID NORTH LINE A DISTANCE OF 30-00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49 BEING THE POINT OF BEGINNING; THENCE NORTH 88'34'38" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2450.04 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 7; THENCE NORTH 88'33'53" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 2624.23 FEET TO THE NORTHEAST CORNER OF SAID SECTION 7; THENCE NORTH 88'55'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 2637.26 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 8; THENCE NORTH 00'36'02" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2623.67 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE NORTH 00'36'02" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 1700.20 FEET; THENCE NORTH 88'59'25" EAST, PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2632.99 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 00'14'13" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 1699.37 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 00'14'43" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2621.96 FEET TO THE NORTHEAST CORNER OF SAID SECTION 8; THENCE SOUTH 00'12'53" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, A DISTANCE OF 2622.17 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH 88'54'32" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8. A DISTANCE OF 2627.98 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH 88'56'54" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 2643.93 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE SOUTH 88'40'30" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 2617.05 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE SOUTH 88'40'30" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2414.97 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49; THENCE NORTH 00'30'29" WEST, PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7 AND ALONG SAID EASTERLY RIGHT—OF—WAY LINE, A DISTANCE OF 2612.77 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 880.00 ACRES, MORE OR LESS. f Carroll & Lange 2 Professional EnpineaIS A Land Surveyors 165 Saom Union Blvd.,Suite 156 iakeiv000.caloaao 80228 FV✓ .CBAfROLLLIANGE.COM P:\3325\EXHIBITS\PARCEL A,B,C,D.DWC, SHEET 1 OF 1.PREPARED 4/10/05.REV. 111111 11111 11111 11111 111111 I l l t.11111 III 111111111 I I I I 3280274 04/25/2005 01:43P Weld County, CO 13 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder Exhibit B to Special Warranty Deed (HP) (Exceptions) 1. All taxes and assessments for the year 2005 and subsequent years, a lien, not yet due and payable. 2. Rights of way for County Roads 30 feet on either side of Section and Township lines as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 3. Mineral Reservations as set forth in United States Patent recorded March 18, 1897 in Book 153 at Page 40. 4. Mineral Reservations as set forth in United States Patent to the Union Pacific Railroad, recorded July 9, 1902 in Book 201 at Page 66. (affects Section 5, 7, 9 and 17) 5. Mineral Reservations as set forth in United States Patent to the Union Pacific Railroad, recorded July 9, 1902 in Book 201 at Page 71. (affects Section 13) 6. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights-of- way for ditches and canals as reserved in United States Patent recorded April 16, 1896 in Book 51 at Page 316, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 12) 7. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights-of- way for ditches and canals as reserved in United States Patent recorded May 17, 1898 in Book 51 at Page 378, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 14) 8. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights-of-way for ditches and canals as reserved in United States Patent recorded February 24, 1904 in Book 132 at Page 127, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 12) 9. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights-of-way for ditches and canals as reserved in United States Patent recorded June 16, 1904 in Book 7 111111111111111111111111111li'■, 111111III 1111111111111 3280274 04/25/2005 01:43P Weld County, CO 14 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder 132 at Page 133, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 12) 10. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights-of-way for ditches and canals as reserved in United States Patent recorded February 1, 1909 in Book 132 at Page 232, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 12) 11. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded July 28, 1916 in Book 418 at Page 489. (affects SE 1/4 Section 32) 12. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded October 28, 1919 in Book 507 at Page 430. (affects NW 1/4 Section 32) 13. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded September 16, 1915 in Book 418 at Page 144. (affects NE 1/4 Section 32) 14. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded August 27, 1920 in Book 595 at Page 127. (affects S 1/2 Section 8) 15. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded August 9, 1930 in Book 898 at Page 603. (affects Section 4) 16. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded November 14, 1935 in Book 985 at Page 78. (affects SW 1/4 Section 32) 17. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, as contained in deed recorded August 8, 1903 in Book 208 at Page 142, and any and all assignments thereof or interests therein. (affects Section 13) 18. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals underlying the land,the exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, as contained in deed recorded October 2, 1908 in Book 233 at Page 174, and any and all assignments thereof or interests therein. (affects Section 11 and 15) 8 1111111 11111 11111 11111 111111 II::: iIIIII III111111 III IIII 3280274 04/25/2005 01:43P Weld County, CO 15 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorde' 19. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, as contained in deed recorded October 2, 1908 in Book 233 at Page 176, and any and all assignments thereof or interests therein. (affects Section 5, 7 and 17) 20. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, as contained in deed recorded May 21, 1909 in Book 233 at Page 218, and any and all assignments thereof or interests therein. (affects Section 9) 21. Reservations contained in Deeds from Chicago Title and Trust Company recorded January 16, 1920 in Book 559 at Page 171 and recorded August 17, 1932 in Book 936 at Page 124. (affects E 1/2 &N 1/2 of the NW 1/4 Section 17 and E 1/2 of Section 11 and S 1/2 Section 1) 22. A right-of-way for pipeline, and incidental purposes granted to Continental Oil Company in Book 920 at Page 608, in the instrument recorded September 28, 1931. (affects E 1/2 SE 1/4 Section 32 and N 1/2 NE 1/4 Section 5) r-- 23. A right-of-way for transmission lines, and incidental purposes granted to Public Service Company of Colorado, in the instrument recorded January 23, 1963 in Book 1636 at Page 379. (affects Section 8) 24. A right-of-way for transmission lines, and incidental purposes granted to Public Service Company of Colorado, in the instrument recorded February 1, 1963 in Book 1637 at Page 197. (affects N150 feet Section 11) 25. A right-of-way for transmission lines, and incidental purposes granted to Public Service Company of Colorado, in the instrument recorded February 28, 1963 in Book 1639 at Page 426. (affects Section NW 1/4 NW 1/4 Section 12) 26. Reservations contained in Deed T.J. Luttrell and Dave Steinberg recorded April 1, 1963 in Book 1644 at Page 360. (affects Section 4, S 1/2 Section 8 and Section 9) 27. An undivided one-half interest in all oil, gas and other minerals as reserved by Robert W. Smith in Deed recorded October 24, 1967 in Book 587 at Reception No. 1509149, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 18) 28. An easement for roadway purposes as reserved by Darrell D. Nichols and Betty J. Nichols in Deed recorded April 11, 1969 in Book 608 at Reception No. 1529922. (affects Section 15) 9 1111111 11111 1111111111 1 1111 3280274 04/25/2005 01:43P Weld County, CO 16 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder 29. A right-of-way for transmission lines, and incidental purposes granted to Public Service Company of Colorado, in the instrument recorded March 21, 1963 in Book 1641 at Page 519. (affects Section 12) 30. Covenant regarding flooding and wastewater as contained in Deed recorded June 10, 1964 in Book 516 at Reception No. 1438220. (affects Section 12) 31. An easement for roadway for ingress and egress and incidental purposes granted to Larry L. Peterson and Louree M. Peterson by the instrument recorded April 11, 1969 in Book 608 at Reception No. 1529920. (affects Section 14 and 15) 32. An Oil and Gas Lease, from Edith H. Whiteside as Lessor(s) to Tom Vessels as Lessee(s) dated January 9, 1970, recorded January 26, 1970 in Book 620 at Reception No. 1541882, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 2) 33. An Oil and Gas Lease, from Ada Harkis as Lessor(s) to Tom Vessels as Lessee(s)dated December 2, 1969, recorded January 16, 1970 in Book 620 at Reception No. 1541883, and any and all assignments thereof or interests therein. (affects E 1/2 Section 2) 34. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harks as Lessor(s) to Tom Vessels as Lessee(s) dated January 9, 1970, recorded January 26, 1970 in Book 620 at Reception No. 1541884, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 2) 35. An Oil and Gas Lease, from James E. Norris as Lessor(s)to Hal A. McVay as Lessee(s) dated January 28, 1970, recorded March 11, 1970 in Book 622 at Reception No. 1543722, and any and all assignments thereof or interests therein. Extension recorded January 19, 2005 at Reception No. 3254493. (affects Section 32) 36. An Oil and Gas Lease, from H. Alfred Krogh and Lila B. Krogh as Lessor(s) to D.L. Percell as Lessee(s) dated March 17, 1970, recorded April 1, 1970 in Book 623 at Reception No. 1544664, and any and all assignments thereof or interests therein. (affects Section 4 & S 1/2 Section 8) 37. An Oil and Gas Lease, from Lottie Brewer et. al. as Lessor(s) to D.L. Percell as Lessee(s) dated March 18, 1970, recorded April 1, 1970 in Book 623 at Reception No. 1544670, and any and all assignments thereof or interests therein. (affects Section 14) 38. An Oil and Gas Lease, from Lyle V. Cooksey and Elmer L. Barney as Lessor(s)to Highlight Drilling Co. as Lessee(s) dated March 31, 1970, recorded April 24, 1970 in Book 624 at Reception No. 1546102, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 18) 39. An undivided one-half interest in all oil, gas and other minerals conveyed to Edith H. Whiteside by Mineral Deed, recorded May 8, 1970 in Book 625 at Reception No. 10 1 11111111111 11111 11111 111111 1111. 1111 III 1011111 1111 3280274 04/25/2005 01:43P Weld County, CO 17 of 31 R 156.00 0 950.00 Steve Moreno Clerk& Recorder 1546894, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 2) 40. An Oil and Gas Lease, from Ada Harkis as Lessor(s)to Tom Vessels as Lessee(s) dated April20, 1970,recorded May 11, 1970 in Book 625 at Reception No. 1546985, and any and all assignments thereof or interests therein. (affects SE 1/4 NW 1/4 Section 12) 41. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to Tom Vessels as Lessee(s) dated April 20, 1970, recorded May 11, 1970 in Book 625 at Reception No. 1546986, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 12) 42. An Oil and Gas Lease, from Union Pacific Railroad Company as Lessor(s) to Pan American Petroleum Corporation as Lessee(s) dated November 24, 1970, recorded December 21, 1970 in Book 637 at Reception No. 1559258, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 11 and SW 1/4 & SE 1/4 Section 7) 43. An Oil and Gas Lease, from Union Pacific Railroad Company as Lessor(s) to Pan American Petroleum Corporation as Lessee(s) dated January 8, 1971, recorded February 8, 1971 in Book 640 at Reception No. 1561890, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 15 and NE 1/4 Section 17) 44. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to W.F. Bush as Lessee(s)dated March 16, 1971, recorded April 20, 1971 in Book 644 at Reception No. 1566110, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 12) 45. An Oil and Gas Lease, from Ada Harkis as Lessor(s) to W. F. Bush as Lessee(s) dated March 16, 1971,recorded April 20, 1971 in Book 644 at Reception No. 1566112, and any and all assignments thereof or interests therein. (affects SW 1/4 &NW 1/4 Section 12) 46. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to N.F. Bush as Lessee(s) dated March 16, 1971, recorded May 3, 1971 in Book 645 at Reception No. 1566806, and any and all assignments thereof or interests therein. (affects Section 12) 47. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to N.F. Bush as Lessee(s) dated May 3, 1971,recorded May 3, 1971 in Book 645 at Reception No. 1566808, and any and all assignments thereof or interests therein. (affects NW 1/4 Section 18) 48. An Oil and Gas Lease, from Richard E. Harkis and Charlotte Louise Harkis as Lessor(s) to N.F. Bush as Lessee(s) dated March 26, 1971, recorded May 3, 1971 in Book 645 at Reception No. 1566811, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 18) 11 • • I ioiii 111111111111111 iiioi �,�:1IIII11III111111Ill dill 3280274 04/25/2005 01:43P Weld County, CO 18 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recordei 49. An Oil and Gas Lease, from R.W. Smith as Lessor(s) to Amoco Production Company as Lessee(s) dated May 12, 1971, recorded June 7, 1971 in Book 647 at Reception No. 1569242, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 18) 50. An Oil and Gas Lease, from Lyle V. Cooksey and Elmer L. Barney as Lessor(s) to W. F. Bush as Lessee(s), recorded June 16, 1971 in Book 650 at Reception No. 1571736, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 18) 51. An Oil and Gas Lease, from Dave Steinberg as Lessor(s) to Amoco Production Company as Lessee(s) dated September 18, 1971,recorded September 27, 1971 in Book 654 at Reception No. 1575888, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 52. An Oil and Gas Lease, from Joseph T. Luttrell as Lessor(s) to Amoco Production Company as Lessee(s) dated October 1, 1971, recorded November 2, 1971 in Book 656 at Reception No. 1577936, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 53. An Oil and Gas Lease, from James E. Luttrell as Lessor(s)to Amoco Production Company as Lessee(s) dated October 5, 1971, recorded November 15, 1971 in Book 657 at Reception No. 1578659, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 54. An Oil and Gas Lease, from Winifred Stout as Lessor(s) to Amoco Production Company as Lessee(s) dated October 5, 1971, recorded November 15, 1971 in Book 657 at Reception No. 1578660, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 55. An Oil and Gas Lease, from Mary C.Mancini as Lessor(s)to Amoco Production Company as Lessee(s) dated October 13, 1971, recorded November 15, 1971 in Book 657 at Reception No. 1578661, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 56. An Oil and Gas Lease, from Ada Harkis as Lessor(s)to N.F. Bush as Lessee(s) dated March 26, 1971, recorded February 24, 1972 in Book 662 at Reception No. 1584334, and any and all assignments thereof or interests therein. (affects Section 12) 57. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 5, 1972 in Book 669 at Reception No. 1590919. (affects Section 11) 58. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 5, 1972 in Book 669 at Reception No. 1590920. (affects Section 2) 12 IHID 111111111111111111111 Illt. Till III viol III viii 3280274 04/25/2005 01:43P Weld County, CO 19 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder 59. An Oil and Gas Lease, from Stanford University as Lessor(s)to Amoco Production Company as Lessee(s) dated March 16, 1972, recorded May 24, 1972 in Book 668 at Reception No. 1590167, and any and all assignments thereof or interests therein. (affects Section 14) 60. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 8, 1973 in Book 693 at Reception No. 1614958. (affects NW 1/4 Section 13) 61. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 8, 1973 in Book 693 at Reception No. 1614959. (affects SE 1/4 Section 12) 62. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Ada Harkis and Champlin Petroleum Company recorded June 15, 1973 in Book 693 at Reception No. 1615378. (affects S 1/2 Section 7) 63. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded September 24, 1973 in Book 700 at Reception No. 1621854. (affects S 1/2 Section 32) 64. A full interest in all oil, gas and associated liquid hydrocarbons conveyed to Champlin Petroleum Company by Mineral Deed recorded October 9, 1973 in Book 701 at Reception No. 1622687, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 13, Section 15, NE 1/4 Section 9 and NE 1/4 Section 17) 65. An easement for vehicles, livestock,bicycles and pedestrian traffic and incidental purposes as reserved by McCoy Enterprises, Inc., in Deed recorded November 21, 1973 in Book 703 at Reception No. 1625170 and in Deed recorded December 20, 1973 in Book 705 at Reception No. 1626963. (affects N 1/2 NE 1/4 Section 5) 66. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded February 8, 1974 in Book 708 at Reception No. 1629898. (affects NE 1/4 Section 13 and NW 1/4 Section 18) 67. An easement for vehicles, livestock, bicycles and pedestrian traffic and incidental purposes as reserved by McCoy Enterprises, Inc., in Deed recorded April 29, 1974 in Book 713 at Reception No. 1635337. (affects Section 32) 68. A full interest in all oil, gas, and associated liquid hydrocarbons conveyed to Champlin Petroleum Company by Mineral Deed recorded May 2, 1974 in Book 714 at Reception No. 1635744, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 11) 69. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 18, 1974 in Book 717 at Reception No. 1638937. (affects SE 1/4 Section 18) 13 -111111111111 11111 11111 111111Ili1i 111111 I I 11111111111111 3280274 04/25/2005 01:43P Weld County, CO 20 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder 70. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Ada Harkis, et. al. and Champlin Petroleum Company recorded July 11, 1974 in Book 718 at Reception No. 1640399. (affects NE 1/4 Section 13) 71. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded July 17, 1974 in Book 719 at Reception No. 1640754. (affects W 1/2 SW 1/4 & SW 1/4 NW 1/4 Section 17 and NE 1/4 of Section 18) 72. An Oil and Gas Lease, from Lottie Pearl Brewer, et. al. as Lessor(s) to Amoco Production Company as Lessee(s) dated September 6, 1975, recorded September 23, 1975 in Book 749 at Reception No. 1670573, and any and all assignments thereof or interests therein. (affects Section 14) 73. An Oil and Gas Lease, from Alfred H. Krogh and Lila B. Krogh as Lessor(s) to Amoco Production Company as Lessee(s) dated August 7, 1975, recorded January 9, 1976 in Book 757 at Reception No. 1678575, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 74. An Oil and Gas Lease, from Barbara Zaiss as Lessor(s) to Amoco Production Company as Lessee(s) dated November 24, 1975, recorded January 19, 1976 in Book 757 at Reception No. 1679196, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 75. An undivided full interest in all oil, gas and other minerals conveyed to William Murray by Mineral Deed, recorded March 1, 1976 in Book 760 at Reception No. 1682414, and any and all assignments thereof or interests therein. (affects Section 32 except for the NW 1/4) 76. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 21, 1976 in Book 770 at Reception No. 1691728. (affects Section 7) 77. An Oil and Gas Lease, from Stanford University as Lessor(s) to Amoco Production Company as Lessee(s) dated February 11, 1977, recorded April 27, 1977 in Book 796 at Reception No. 1717507, and any and all assignments thereof or interests therein. (affects Section 14) 78. A right-of-way for pipelines, and incidental purposes granted to Panhandle Eastern Pipe Line Company, in the instrument recorded April 25, 1978 at Reception No. 1751447. (affects SE 1/4 Section 18) 79. An Oil and Gas Lease, from Lottie Pearl Brewer, et. al. as Lessor(s)to Amoco Production Company as Lessee(s) dated June 28, 1977,recorded August 4, 1977 in Book 804 at Reception No. 1726485, and any and all assignments thereof or interests therein. (affects Section 14) 14 1111111 11111 IIIII 11111 UNIDO 111111 III 1111111 111111 3280274 04/25/2005 01:43P Weld County, CO 21 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder 80. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded August 3, 1979 in Book 877 at Reception No. 1798851. (affects SW 1/4 Section 7) 81. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard E. Harkis, et. al. and Champlin Petroleum Company recorded January 18, 1980 in Book 893 at Reception No. 1814673. (affects NW 1/4 Section 13) 82. An easement for electrical transmission and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded November 7, 1980 in Book 919 at Reception No. 1840962. (affects Section 9) 83. An easement for electrical transmission and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded December 10, 1980 in Book 922 at Reception No. 1843834. (affects NE 1/4 Section 13) 84. An easement for water carriage and incidental purposes granted to Central Colorado Water Conservancy District by the instrument recorded December 29, 1980 in Book 923 at Reception No. 1845347 and Reception No. 1845349. (affects NW 1/4 Section 13 and SE 1/4 Section 12) 85. An easement for electrical transmission and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded February 11, 1981 in Book 927 at Reception No. 1849433 and re-recorded June 15, 1981 in Book 939 at Reception No. 1860533. (affects Section 7 and SE 1/4 Section 12) 86. An easement for electrical transmission and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded March 2, 1981 in Book 929 at Reception No. 1850966. (affects SW 1/4 SW 1/4 Section 8) 87. A full interest in all oil, gas and other minerals as reserved by Fred Brewer and Ethel Irene Brewer in Deed recorded May 16, 1983 in Book 996 at Reception No. 1927014, and any and all assignments thereof or interests therein. (affects Section 14) 88. Notice of general description of'area serviced by Panhandle Eastern Pipe Line Company concerning underground facilities recorded June 26, 1989 in Book 1117 at Reception No. 2058722. (affects Sections 1, 2, 5, 7, 8, 11, 12, 13, 14, 15, 18 and 32) 89. Terms, conditions,provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard Harkis and Charlotte Louise Harkis and Union Pacific Resources Company recorded July 28, 1986 in Book 1239 at Reception No. 2186574. (affects Section 9) 15 IIIM 111111111111111 Inn 111111 III 1111111111111 3280274 04/25/2006 01:43P Weld County, CO 22 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder 90. Terms, conditions,provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard Eugene Harkis, et. al. and Union Pacific Resources Company recorded September 6, 1989 in Book 1243 at Reception No. 2190974. (affects Section 11) 91. Intentionally omitted. 92. An easement for a pipeline and incidental purposes granted to Union Pacific Resources Company by the instrument recorded July 3, 1990 in Book 1268 at Reception No. 2218910. (affects W 1/2 SW 1/4 Section 7) 93. Notice concerning underground facilities of United Power, Inc., formerly Union Rural Electric Association, Inc., recorded January 24, 1991 in Book 1288 at Reception No. 2239296. (affects all Sections) 94. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Sloan L. P. and Union Pacific Resources Company recorded March 30, 1992 in Book 1330 at Reception No. 2282403. (affects NW 1/4 NW 1/4 Section 17) 95. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard E. Harkis and Charlotte L. Harkis and Union Pacific Resources Company recorded August 20, 1992 in Book 1348 at Reception No. 2300642. (affects SE 1/4 Section 7) 96. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between William S. Carpenter and Charlene M. Carpenter and Union Pacific Resources Company recorded August 26, 1992 in Book 1348 at Reception No. 2301279. (affects SW 1/4 SW 1/4 Section 17) 97. An easement for a surface facility and incidental purposes granted to Snyder Oil Corporation by the instrument recorded December 14, 1992 in Book 1362 at Reception No. 2314477. (affects SW 1/4 SW 1/4 Section 8) 98. An easement for a pipeline and incidental purposes granted to Swanson & Morris, Ltd. by the instrument recorded December 14, 1992 in Book 1362 at Reception No. 2314478. (affects W 1/2 W 1/2 Section 32 and SE 1/4 Section 7 and W 1/2 SW1/2 Section 8) 99. An easement for a pipeline and incidental purposes granted to Swanson & Morris, Ltd. by the instrument recorded December 14, 1992 in Book 1362 at Reception No. 2314506. (affects SW 1/4 NW 1/4, SW 1/4 SW 1/4,NW 1/4 SW 1/4 Section 17) 100. An easement for a pipeline and incidental purposes granted to Swanson& Morris, Ltd. by the instrument recorded December 14, 1992 in Book 1362 at Reception No. 2314476. (affects W30 feet NW 1/4 NW 1/4 Section 17) 16 I Mill 11111 11111 11111 111111 111111 I I 11111111111111 3280274 04/25/2005 01:43P Weld County, CO 23 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder 101. Terms, conditions,provisions, agreements and obligations specified under the Surface Owner's Agreement by and between William S. Carpenter and Charlene M. Carpenter and Union Pacific Resources Company recorded December 16, 1992 in Book 1363 at Reception No. 2314775. (affects SW 1/4 NW 1/4 Section 17) 102. An undivided full present interest in all oil, gas and other minerals as reserved by Helen H. Hoelscher in Deed recorded June 16, 1993 in Book 1387 at Reception No. 2337298, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 13 and NW 1/4 Section 18) 103. An easement for pipelines and incidental purposes granted to Vessels Gas Processing, Inc. by the instrument recorded July 15, 1994 in Book 1451 at Reception No. 2397704. (affects SW 1/4 Section 32) 104. An easement for two pipelines and incidental purposes granted to Swanson&Morris, LLC by the instrument recorded November 23, 1994 in Book 1468 at Reception No. 2416548, and re-recorded June 22, 1995 in Book 1498 at Reception No. 2443539. (affects 40 foot wide along the south side of N 1/2 Section 9 and south side and west side of Section 2) 105. An easement for two pipelines and incidental purposes granted to Swanson & Morris, LLC by the instrument recorded November 23, 1994 in Book 1468 at Reception No. 2416546. (affects 40 foot wide along the west side of E 1/2 Section 11) 106. An easement for telecommunications facilities and incidental purposes granted to U.S. West Communications, Inc. by the instrument recorded August 8, 1995 in Book 1505 at Reception No. 2450465. (affects NW 1/4 Section 18) 107. An easement for electric facilities and incidental purposes granted to United Power, Inc. by the instrument recorded September 6, 1995 in Book 1510 at Reception No. 2454501. (affects NW 1/4 Section 18) 108. An easement for surface facility and incidental purposes granted to Snyder Oil Corporation by the instrument recorded September 18, 1995 in Book 1511 at Reception No. 2456062. (affects SW 1/4 SE 1/4 Section 2) 109. An easement for access and incidental purposes granted to Snyder Oil Corporation by the instrument recorded September 18, 1995 in Book 1511 at Reception No. 2456063. (affects S 1/2 SW 1/4 & SW 1/4 SE 1/4 Section 2) 110. An easement for surface facility and incidental purposes granted to Snyder Oil Corporation by the instrument recorded September 18, 1995 in Book 1511 at Reception No. 2456064. (affects SW 1/4 SE 1/4 Section 2) 111. All interest in all oil, gas and other minerals as reserved by Richard E. Harkis and Charlotte Louise Harkis in Deed recorded January 22, 1998 at Reception No. 2590444, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 12) 17 11111111111111111 III II IIIIII mil IIIIII III IEEE II 1111 3280274 d County, CO 24 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder 112. All interest in all oil, as and other minerals as reserved by Richard E. Harkis and Charlotte Louise Harkis in Deed recorded February 9, 1998 at Reception No. 2593368, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 12) 113. An Oil and Gas Lease, from Union Pacific Resources as Lessor(s)to United States Exploration, Inc. as Lessee(s)recorded May 22, 1998 at Reception No. 2614705, and any and all interests therein. (affects NE 1/4 Section 11) 114. An Oil and Gas Lease, from Union Pacific Resources as Lessor(s) to United States Exploration, Inc. as Lessee(s) recorded May 22, 1998 at Reception No. 2614561, and any and all interests therein. (affects NE 1/4 Section 9) 115. An Oil and Gas Lease, from Union Pacific Resources United as Lessor(s) to United States Exploration, Inc. as Lessee(s)recorded May 22, 1998 at Reception No. 2614563, and any and all interests therein. (affects N 1/2 NE 1/4 Section 5) 116. An Oil and Gas Lease, from Union Pacific Resources Company as Lessor(s) to United States Exploration, Inc. as Lessee(s) dated May 15, 1998, recorded May 22, 1998 at Reception No. 2614703, and any and all assignments thereof or interests therein. (affects Section 15) 117. An Oil and Gas Lease, from Union Pacific Resources Company as Lessor(s) to United States Exploration, Inc. as Lessee(s) dated May 15, 1998,recorded May 22, 1998 at Reception No. 2614704, and any and all assignments thereof or interests therein. (affects Section 13) 118. All interest in all oil, gas and other minerals as reserved by Richard E. Harkis and Charlotte Louise Harkis in Deed recorded January 14, 1999 at Reception No. 2666991, and any and all assignments thereof or interests therein. (affects SW 1/4 Section 12) 119. An undivided one-half interest in all oil, gas and other minerals as reserved by Richard E. Harkis and Charlotte L. Harkis in Deed recorded March 3, 1999 at Reception No. 2677396, and any and all assignments thereof or interests therein. (affects all sections except for Section 11,14,15, 17, and NE 1/4, SW 1/4 Section 18) 120. An easement for a telecommunications system and incidental purposes granted to IXC Communication Services, Inc. by the instrument recorded July 21, 1999 at Reception No. 2708232. (affects 20 foot wide strip along the westerly portion of SE 1/4 Section 8) 121. An easement for one pipeline and incidental purposes granted to Resource Gathering Systems by the instrument recorded September 16, 1999 at Reception No. 2721007. (affects E 1/2 Section 12 and E 1/2 NE 1/4 Section 13) 122. An easement for a telecommunications system and incidental purposes granted to IXC Communications Services, Inc. by the instrument recorded September 30, 1999 at 18 111111 11111 111111101 11111`1I,il 11101 1111111111 11 1111 3280274 04/25/2005 D1:43P Weld County, CO 25 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder Reception No. 2723854. (affects 20 foot wide strip along the westerly portion of Section 8 and Section 32) 123. An easement for electric transmission and communications signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded January 20, 2000 at Reception No. 2745475. (affects S 1/2 Sections 1 and 2 and N 1/2 Sections 7, 8, 9) 124. An easement for access and incidental purposes granted to HS Resources, Inc. by the instrument recorded February 26, 2001 at Reception No. 2827961. (affects Section 15) 125. An easement for access and incidental purposes granted to HS Resources, Inc. by the instrument recorded March 26, 2001 at Reception No. 2834928. (affects SE 1/4 Section 18) 126. An easement for pipelines and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded March 28, 2002 at Reception No. 2937516. (affects Sections 17 and 18) 127. Requests for Notification of Surface Development recorded May 28, 2002 at Reception Nos. 2955294, 2955295, 2955296, 2955298,2955299, 2955300 and 2955283. (affects Sections 5, 7, 9, 17, 11, 13, and 15) 128. An easement for a water pipeline and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded June 7, 2002 at Reception No. 2959240. (affects Sections 7 and 8) 129. An easement for a water pipeline and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded June 7, 2002 at Reception No. 2959238. (affects Section 18) 130. An Oil and Gas Lease, from Lazy SK Limited Partnership as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965397, and any and all assignments thereof or interests therein. (affects Section 4) 131. An Oil and Gas Lease, from Richard Elwood Harkis Estates as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965394, and any and all assignments thereof or interests therein. (affects Section 4) 132. An Oil and Gas Lease, from Charlotte Louise Harkis as Lessor(s)to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965393, and any and all assignments thereof or interests therein. (affects Section 4) 19 111111111111 Mil 11111 I I I L lit 1111111Il 111111 3280274 04/25/2005 01:43P Weld County, CO 26 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder 133. An Oil and Gas Lease, from Charlotte Louise Harkis as Lessor(s)to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002,recorded June 28, 2002 at Reception No. 2965392, and any and all assignments thereof or interests therein. (affects SE 1/4 & E 1/2 SW 1/4 Section 8) 134. An Oil and Gas Lease, from Richard Edward Harkis Estate as Lessor(s)to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965395, and any and all assignments thereof or interests therein. (affects SE 1/4 & E 1/2 SW 1/4 Section 8) 135. An Oil and Gas Lease, from Kirk Bryan Harkis as Lessor(s)to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 20, 2002, recorded June 28, 2002 at Reception No. 2965396, and any and all assignments thereof or interests therein. (affects W 1/2 SW 1/4 Section 8) 136. An easement for a water pipeline and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded July 8, 2002 at Reception No. 2967184. (affect Sections 7) 137. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded August 30, 2002 at Reception No. 2984106. (affects NE 1/4 SE 1/4 Section 2) 138. An Oil and Gas Lease, from Paul M. Luttrell as Lessor(s)to Ken-McGee Rocky Mountain Energy Corporation as Lessee(s) dated June 14, 2002, recorded September 6, 2002 at Reception No. 2985378, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 139. An Oil and Gas Lease, from Mary Kathryn Prideaux as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 4, 2002, recorded September 6, 2002 at Reception No. 2985377, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 140. An Oil and Gas Lease, from Lawrence J. Mancini as Lessor(s)to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 7, 2002, recorded September 6, 2002 at Reception No. 2985376, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 141. An Oil and Gas Lease, from George J. Mancini Family Trust as Lessor(s)to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 7, 2002, recorded September 6, 2002 at Reception No. 2985375, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 142. An Oil and Gas Lease, from Daniel J. Mancini as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 7, 2002,recorded September 6, 2002 at 20 1111110 Mil EM IIIII� ,,,�I 111111 III 1111111111111 3280274 04/25/2005 01:43P Weld County, CO 27 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder Reception No. 2985374, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 143. An Oil and Gas Lease, from James F. Keil, et. al. as Lessor(s)to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 11, 2002, recorded September 6, 2002 at Reception No. 2985373, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 144. An Oil and Gas Lease, from Virginia M. Luttrell as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985372, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 145. An Oil and Gas Lease, from Eileen Mayer as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June I, 2002, recorded September 6, 2002 at Reception No. 2985371, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 146. An Oil and Gas Lease, from Carol Flexer as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985370, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 147. An Oil and Gas Lease, from Winifred M. Stout as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002,recorded September 6, 2002 at Reception No. 2985369, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 148. An Oil and Gas Lease, from James F. Keil as Lessor(s) to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 11, 2002, recorded September 6, 2002 at Reception No. 2985368, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 149. An Oil and Gas Lease, from Dolores Simons as Lessor(s)to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated June 1, 2002, recorded September 6, 2002 at Reception No. 2985367, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 150. An Oil and Gas Lease, from Brian Zaiss as Lessor(s)to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated August 25, 2002, recorded September 10, 2002 at Reception No. 2986498, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 151. Terms, conditions,provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded September 25, 2002 at Reception No. 2290431. (affects SW 1/4 NE 1/4 Section 2) 21 HUH 11111 11111 11111 II�1111111110111 III 1111111111111 3280274 04/25/2005 01:43P Weld County, CO 28 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder 152. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded September 25,2002 at Reception No. 2990432. (affects NE 1/4 SW 1/4 Section 2) 153. An easement for access and incidental purposes granted to Kerr-McGee Rocky Mountain Corporation by the instrument recorded October 22, 2002 at Reception No. 2998189. (affects S 1/2 Section 8) 154. An easement for access and incidental purposes granted to Kerr-McGee Rocky Mountain Corporation by the instrument recorded October 28, 2002 at Reception No. 2999975. (affects Section 15) 155. An easement for access and incidental purposes granted to Kerr-McGee Rocky Mountain Corporation by the instrument recorded October 28, 2002 at Reception No. 2989974. (affects W 1/2 Section 12) 156. An Oil and Gas Lease, from Steven E. Keil as Lessor(s)to Kerr-McGee Rocky Mountain Corporation as Lessee(s) dated October 23, 2002, recorded November 14, 2002 at Reception No. 3005143, and any and all assignments thereof or interests therein. (affects Section 4 and S 1/2 Section 8) 157. Terms, conditions,provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded November 18, 2002 at Reception No. 3006505. (affects NW 1/4 NW 1/4 Section 2) 158. Terms, conditions,provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded June 4, 2003 at Reception No. 3069198. (affects SW 1/4 SE 1/4 Section 2) 159. Terms, conditions,provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded October 21, 2003 at Reception No. 3119044. (affects SW 1/4 SW 1/4 Section 32) 160. An easement for one pipeline and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded November 10, 2003 at Reception No. 3125077. (affects W 1/2 SW 1/4 Section 8) 161. An easement for one pipeline and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded November 10, 2003 at Reception No. 3125076. (affects W 1/2 SE 1/4 and E 1/2 SW 1/4 Section 8) r 22 • AIM 111111111111111111111"t::;l 111111 III 1111111 II IIII 3280274 04/25/2005 01:43P Weld County, CO 29 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder 162. An easement for one pipeline and incidental purposes granted to Kerr-McGee Gathering LLC by the instrument recorded November 17, 2003 at Reception No. 3127080. (affects W 1/2 SW 1/4 Section 8) 163. Terms, conditions, provisions, agreements and obligations specified under the Surface Damage Agreement by and between Lazy SK Limited Partnership and EnCana Energy Resources, Inc. recorded November 17, 2003 at Reception No. 3127064. (affects NW 1/4 SW 1/4 Section 2) 164. The following items as set forth on the plat of Recorded Exemption No. 1307-12-4- RE1923 recorded at Reception No. 2525400,to-wit: a. Notes. b. Right of way for Weld County Road 22. (affects SW 1/4 Section 12) 165. The following items as set forth on the plat of Recorded Exemption No. 1305-17-2- RE2827 recorded at Reception No. 2806942, to-wit: a. Notes. b. Right of way for Weld County Road 51. c. Apparent right of way for Weld County Road 22. (affects NI/2 NW 1/4 & small portion NE 1/4 Section 17) 166. The following items as set forth on the plat of Recorded Exemption No. 1307-15-1- RE2900 recorded at Reception No. 2885252,to-wit: a. Notes. b. Right of way for Weld County Road 22. c. Future ROW reservation. (affects Section 15) 167. The following items as set forth on the plat of Corrected Recorded Exemption No. 1307- 11-4-RE2897 recorded at Reception No. 3170175, to-wit: a. Notes. b. Right of way for Weld County Road 22. c. Future ROW reservation. (affects SE 1/4 Section 11) 168. The following items as set forth on the plat of Recorded Exemption No. 1307-14-2- RE2901 recorded at Reception No. 2969737,to-wit: a. Notes. b. Right of way for Weld County Road 22. c. Future ROW reservation. (affects Section 14) 169. The following items are set forth on the plat of Recorded Exemption No. 1305-8-3- RE3611 recorded at Reception No. 3117680,to-wit: a. Notes. b. Right of way for Weld County Road 22. 23 IIIIII 1111 111111111 IIIIII :,:i 111111111 IIII 111111111 3280274 04/25/2005 01:43P Weld County, CO 30 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recordei ^ (affects W 1/2 SW1/4 Section 8) 170. The following items are set forth on the plat of Recorded Exemption No. 1305-18-1- RE3731 recorded at Reception No. 3169084, to-wit: a. Notes. b. Right of way for Weld County Road 51. (affects S1/2 NE 1/4 Section 18) 171. Easements and Right of Way of the Ranch Drew Reservoir as shown on the File #768 Map#139436. (affects Section 17) 172. Easement and Right of Way of the Klug Ditch No. 3 as shown on the file #1048 Map #12649. (affects Sections 11, 12 and 32) 173. The effect of the Petition for Class D Irrigation Water Allotment Contract August 2, 2004 at Reception No. 3204729 (affects all of Section 7 and NW 1/4 &NE 1/4 & SE 1/4 Section 12); Reception No. 3204730 (affects NW 1/4 & SW 1/4 Section 12); Reception No. 3204731 (affects Section 14); Reception No. 3204732 (affects NW 1/4 Section 13); Reception No. 3204733 (affects Section 15); and Reception No. 3204734 (affects Section 11) 174. The effect of the Public Service of Colorado map recorded September 8, 1999 at Reception No. 2719192 USR-1236. (affects all Sections) 175. The following items are set forth on the plat of Corrected and Amended Recorded Exemption No. 1307-11-4-AMRE586,recorded at Reception No. 2885254 and 3170174, to-wit: a. Notes. b. Right of way for Weld County Road 22. (affects SE 1/4 Section 11) 176. Easements, and roads as shown on the survey recorded May 30, 2000 at Reception No. 2771171. (affects N1/2 NW 1/4 & small portion NE 1/4 Section 17) 177. Terms, conditions, provisions, agreement and obligations specified under the Surface Owner's Agreement by and between William S. Carpenter and Charlene M. Carpenter and Union Pacific Resources Company recorded September 13, 1993 in Book 1401 at Reception No. 2350022. (affects NW 1/4 SW 1/4 Section 17) 178. Reservations as contained in deeds recorded March 3, 1999 at Reception No. 2677396 and July 14, 2003 at Reception No. 3083184. (affects the SW 1/4 Section 12) 179. Any rights or interest which may exist or arise by reason of the following facts as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated January 28, 2005, revised March 31, 2005, revised April 14, 2005, as Job No. 3325 to ^ wit: 24 •I111111111111111111111111111i;: IIIIIIIIIIIII11111IIII 3280274 04/25/2005 01:43P Weld County, CO 31 of 31 R 156.00 D 950.00 Steve Moreno Clerk& Recorder (a) Any loss or damage arising from the fact that the fence lines on or near the boundary lines of the property do not coincide with the exact boundary lines of the property. (b)Any easements not disclosed by those public records, which impart constructive notice, and which are not visible and apparent from an inspection of the surface of said land. (c) Any right, title or interest by reason, of the existence of the 8 foot wide, 12 foot wide, 13 foot wide and 15 foot wide dirt or gravel roads, as shown on said survey and more particularly shown as areas of concern items 1 and 2 (areas of concern affect Section 5) 180. Terms, conditions, provisions, agreements and obligations specified under the Affidavit of Extension of Oil and Gas Lease by production, which was recorded January 19, 2005 at Reception No. 3254493 (affects Section 32) 181. Terms, conditions, provisions, agreements and obligations specified under the Subdivision Exemption No. 151 which was recorded March 2, 1982 at Reception No. 1884437. (affects Section 15) 182. Mortgage from Perkins Land & Livestock II, LLC for the benefit of Bank of Sullivan to secure an indebtedness in the principal sum of$5,800,000, and any other amounts/or obligations secured thereby,recorded April 16, 2004 at Reception No. 3171369. a-.- 25 After recordation, return to: 1 nil 1111111111 mill 111111/iii IIIllI Ill 11111 Hi III Reutzel & Associates, LLC 9145 E. Kenyori Avenue, #301 3293953 06/10/2005 03.31P Weld County, CO 1 of 7 a 36.00 0 250.00 Steve Moreno Clerk& Recorder Denver, Colorado 80237 9ss �J Special Warranty Deed (HP Farms 880) This Deed, made as of theAlNay of May, 2005,by and between HP Farms 880 LLC, a Colorado limited liability company, as grantor("Grantor"), and Pioneer Communities Inc., a Colorado corporation, whose legal address is 9145 E. Kenyon Avenue, Suite 200, Denver Colorado 80237, of the City and County of Denver, State of Colorado, as grantee ("Grantee"), Witnesseth, that Grantor, for and in consideration of the sum of Two Million Five Hundred Thousand Dollars ($2,500,000) the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Adams, State of Colorado, described as follows: See Exhibit A, attached hereto and incorporated herein. Together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, and except those matters set forth on Exhibit B attached hereto and made a part hereof by reference. To Have and to Hold the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor. C 2-ai'74(D co • In witness whereof, Grantor has executed this deed on the date set forth above. HP Farms 880 LLC, a Colorado limited liability company By: / Zey E. eutsch, Manager STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this J 14 'day of May, 2005, by Harvey E. Deutsch, as Manager of HP Farms 880 LLC, a Colorado limited liability company, on its behalf. My Commission Expires M !‹onnksion expires: June 15,2007 ijs myA{ and official seal. £ (SEAL) k' c I`.. sa , cp'Lr Notar,,Public i,RC:,- 'j' i I I"III'IIII IIII'I'III"II'I II'I I'II'I Iniolty 'it it 3293963 2 0l 7 R 36.00 D 250.00 Steve Moreno Clerk& Recorder 2 Exhibit A LEGAL DESCRIPTION — 880AC SHEET 1 OF 1 A PARCEL OF LAND BEING A PORTION OF SECTIONS 5, 7 & 8, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE SIXTH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 7, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7 TO BEAR NORTH 88'34'38" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 88'34'38" EAST, ALONG SAID NORTH LINE A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49 BEING THE POINT OF BEGINNING; THENCE NORTH 88'34'38" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2450.04 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 7; THENCE NORTH 88'33'53" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 2624.23 FEET TO THE NORTHEAST CORNER OF SAID SECTION 7; THENCE NORTH 88'55'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8. A DISTANCE OF 2637.26 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 8; THENCE NORTH 00'36'02" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2623.67 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE NORTH 00'36'02" WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 1700.20 FEET; THENCE NORTH 88'59'25" EAST, PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF. SAID Cr SECTION 5, A DISTANCE OF 2632.99 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF J`o SAID SECTION 5; THENCE SOUTH 00'14'13" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 1699.37 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 00'14'43" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2621.96 FEET TO THE NORTHEAST CORNER OF SAID SECTION 8; THENCE SOUTH 00'12'53" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, A DISTANCE OF 2622.17 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION O 8; THENCE SOUTH 88'54'32" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, m A DISTANCE OF 2627.98 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH 88'56'54" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 2643.93 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION a 8; N THENCE SOUTH 88'40'30" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 2617.05 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION a 7; o THENCE SOUTH 88'40'30" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2414.97 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD c-4 NO. 49; CO THENCE NORTH 00'30'29" WEST, PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7 AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 2612.77 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 880.00 ACRES, MORE OR LESS. W J co 11111111111111111111111111111111111111 II 1111111111111 3293963 06/10/2005 03:31P Weld County, CO 3 of 7 R 36.00 D 250.00 Steve Moreno Clerk& Recorder Carroll & Lange Pralpsbnl Engineer,&Land Survsyas 196 Soulh Mon ow. r 156 9BD-O200 FAX: E. C°I0BI OE.COM N P:\J325\EXHIBITS\'ARCEL A,B,C,0.DWG. SHEET 1 OF 1,PREPARED 4/18/05,REV. t111111 11111 11111 111111 Ili 1 4 of 7 R 36.00 D 250.00 Steve Moreno Clerk& Recorder 3293963 Exhibit B to Special Warranty Deed (HP Farms 880) (Exceptions) 1. All taxes and assessments for the year 2005 and subsequent years, a lien, not yet due and payable. 2. Rights of way for County Roads 30 feet on either side of Section and Township lines as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 3. Mineral Reservations as set forth in United States Patent recorded March 18, 1897 in Book 153 at Page 40. 4. Mineral Reservations as set forth in United States Patent to the Union Pacific Railroad, recorded July 9, 1902 in Book 201 at Page 66. (affects Section 5 and 7) 5. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded December 19, 1917 in Book 461 at Page 439. (affects NE 1/4 Section 8) 6. Right of Way for ditches and canals constructed by the authority of the United States, as reserved in the United States Patent recorded September 25, 1919 in Book 507 at Page 401. (affects NW 1/4 Section 8) 7. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals underlying the land, the exclusive right to prospect for, mine and remove oil, coal and other minerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, as contained in deed recorded October 2, 1908 in Book 233 at Page 176, and any and all assignments thereof or interests therein. (affects Sections 5 and 7) 8. A right-of-way for pipeline, and incidental purposes granted to Continental Oil Company in the instrument recorded September 28, 1931 in Book 920 at Page 608. (affects N 1/2 NE 1/4 & SW 1/4 NE 1/4 Section 5) 9. A right-of-way for transmission lines, and incidental purposes granted to Public Service Company of Colorado, in the instrument recorded January 23, 1963 in Book 1636 at Page 379. (affects Section 8) 10. A right-of-way for transmission lines, and incidental purposes granted to Public Service Company of Colorado, in the instrument recorded February 28, 1963 in Book 1639 at Page 427. (affects N150 feet Section 7) 1111113In IIIII Hill 11111111�►eldllli III IIIII!1 !!Lr 3293963 06/10/2005 03:3100 Steve Moreno Clerk 11. An Oil and Gas Lease, from James E. Norris as Lessor(s)to Hal A. McVay as Lessee(s) dated January 28, 1970,recorded March 11, 1970 in Book 622 at Reception No. 1543722, and any and all assignments thereof or interests therein. Affidavit of Extension of Oil and Gas Lease by production, recorded January 19, 2005 at Reception No. 3254493. (affects N 1/2 Section 8) 12. An Oil and Gas Lease, from Union Pacific Railroad Company as Lessor(s) to Pan American Petroleum Corporation as Lessee(s) dated November 24, 1970, recorded December 21, 1970 in Book 637 at Reception No. 1559258, and any and all assignments thereof or interests therein. (affects SE 1/4 Section 5 and NW 1/4 Section 7) 13. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Ada Harkis and Champlin Petroleum Company recorded June 15, 1973 in Book 693 at Reception No. 1615378. (affects NW 1/4 Section 7) 14. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between John Thomas Howard and Champlin Petroleum Company recorded August 13, 1973 in Book 697 at Reception No. 1619180. (affects SE 1/4 Section 5) 15. An easement for vehicles, livestock, bicycles and pedestrian traffic and incidental purposes as reserved by McCoy Enterprises, Inc., in Deed recorded November 21, 1973 in Book 703 at Reception No. 1625170 and in Deed recorded December 20, 1973 in Book 705 at Reception No. 1626963. (affects E 1/2 Section 5 and S1/2 of NE 1/4 Section 8) 16. A full interest in all oil, gas, and associated liquid hydrocarbons conveyed to Champlin Petroleum Company by Mineral Deed recorded May 2, 1974 in Book 714 at Reception No. 1635744, and any and all assignments thereof or interests therein. (affects S1/2 NE 1/4 Section 5 and NE 1/4 Section 7) 17. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Ada Harkis and Champlin Petroleum Company recorded June 17, 1978 in Book 717 at Reception No. 1638754. (affects NE 1/4 Section 7) 18. An easement for vehicles, livestock, bicycles and pedestrian traffic and incidental purposes as reserved by McCoy Enterprises, Inc., in the Deed recorded July 2, 1974 in Book 718 at Reception No. 1639845. (affects N 1/2 NE 1/4 Section 8) 19. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded June 21, 1976 in Book 770 at Reception No. 1691728. (affects Section 7) 20. An easement for electrical transmission and communications signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded June 15, 1981 in Book 939 at Reception No. 1860532. (affects N 150 feet Section 8) 5 1110111111111111111N 11111111111{i ! !!Ler 1111 3293963 06/10/2006 03:31 6 of 7 R 36.00 D 250.00 Steve Moreno Clerk 21. An easement for electrical transmission and communication signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded February 11, 1981 in Book 927 at Reception No. 1849433 and re-recorded June 15, 1981 in Book 939 at Reception No. 1860533. (affects NEI/4 Section 7) 22. An easement for pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded July 12, 1982 in Book 972 at Reception No. 1897119. (affects NE 1/4 Section 7 and N 1/2 Section 8) 23. Notice of general description of area serviced by Panhandle Eastern Pipe Line Company concerning underground facilities recorded June 26, 1986 in Book 1117 at Reception No. 2058722. (affects Sections 5, 7, and 8) 24. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard E. Harkis and Charlotte L. Harkis and Union Pacific Resources Company recorded September 27, 1989 in Book 1245 at Reception No. 2193035. (affects Section 7) 25. Terms, conditions, provisions, agreements and obligations specified under the Surface Owner's Agreement by and between Richard E. Harkis and Union Pacific Resources Company recorded October 18, 1989 in Book 1246 at Reception No. 2194924. (affects SE 1/4 Section 5) 26. An easement for a pipeline and incidental purposes granted to Union Pacific Resources Company by the instrument recorded July 3, 1990 in Book 1268 at Reception No. 2218910. (affects W 1/2 NW 1/4 Section 7) 27. Notice concerning underground facilities of United Power, Inc., formerly Union Rural Electric Association, Inc., recorded January 24, 1991 in Book 1288 at Reception No. 2239296. (affects all Sections) 28. An easement for a pipeline and incidental purposes granted to Swanson & Morris, Ltd. by the instrument recorded December 14, 1992 in Book 1362 at Reception No. 2314478. (affects W 1/2 NW 1/4 Section 8) 29. An easement for two pipelines and incidental purposes granted to Swanson &Morris, LLC by the instrument recorded June 22, 1995 in Book 1498 at Reception No. 2443539. (affects 40 foot wide along the south side of N 1/2 Sections 7 and 8 and west side NW 1/4 Section 7) 30. An Oil and Gas Lease, from Union Pacific Resources as Lessor(s) to United States Exploration, Inc. as Lessee(s) dated May 22, 1998 at Reception No. 2614563, and any and all assignments thereof or interests therein. (affects NE 1/4 Section 5) 6 111111111111 11111 111111 IIII!'_''I X1111111111111 X111 X111 3293963 06/10/2005 03:31P Weld County, CO 7 of 7 R 36.00 D 250.00 Steve Moreno Clerk& Recorder 31. An undivided one-half interest in all oil, gas and other minerals as reserved by Richard E. Harkis and Charlotte L. Harkis in Deed recorded March 3, 1999 at Reception No. 2677396, and any and all assignments thereof or interests therein. (affects all Sections) 32. An easement for a telecommunications system and incidental purposes granted to IXC Communications Services, Inc. by the instrument recorded September 30, 1999 at Reception No. 2723854. (affects 20 foot wide strip along the westerly portion of Section 8) 33. An easement for electric transmission and communications signals and incidental purposes granted to Public Service Company of Colorado by the instrument recorded January 20, 2000 at Reception No. 2745475. (affects Sections 7 and 8) 34. Requests for Notification of Surface Development recorded May 28, 2002 at Reception Nos. 2955294 and 2955295. (affects Sections 5 and 7) 35. An easement for a water pipeline and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded June 7, 2002 at Reception No. 2959240. (affects Section 7) 36. An easement for a water pipeline and incidental purposes granted to Rocky Mountain Energy Center by the instrument recorded July 8, 2002 at Reception No. 2967184. (affect Sections 7) 37. The effect of the Public Service of Colorado map recorded September 8, 1999 at Reception No. 2719192 USR-1236. (affects all Sections) 38. The effect of Surveys recorded October 9, 2000 at Reception Nos. 2798883 and 2798884. (affects N 1/2 of Sections 7 and 8) 39. Any rights or interests which may exist or arise by reason of the following facts as set forth on ALTA/ACSM Land Title Survey prepared by Carroll & Lange, Inc., dated April 18, 2005, as Job No. 3325, to wit: a) Any loss or damage arising from the fact that the fence lines on or near the boundary lines of the property do not coincide with the exact boundary lines of the property. b) Any easements not disclosed by those public records, which impart constructive notice, and which are not visible and apparent from an inspection of the surface of said land. c) The fact of rights of others as to the dirt roads crossing portions of the subject property. 40. The effect of the Assignment of Oil and Gas Leases and/or Agreements from Perkins Land & Livestock II, LLC recorded April 25, 2005 at Reception No. 3280283. 7 Hello