HomeMy WebLinkAbout20062120 1II I I 1{
When recorded return to: I I11III�IIii Iilll�llll�l II�'I III"III�I III�'�'�II I Illl
Frank L.Robinson,Esq.
Otten Johnson Robinson Neff&Ragonetti P.C. 3340221 11175/2005 03:43P Weld County, l:
ti� 950- 17th Street,Suite 1600 1 of 8 R 41.00 D 200.80 Steve Moreno Clerk dr Recorder
Denver,CO 80202
SPECIAL WARRANTY DEED
(West Property)
This SPECIAL WARRANTY DEED("Deed")evidences a conveyance by EASTMAN KODAK
COMPANY,a New Jersey corporation,whose address is 343 State Street,Rochester,NY 14650-0208
("Grantor"),to BROE LAND ACQUISITIONS II,LLC,a Colorado limited liability company
("Grantee"),whose address is 252 Clayton Street,Fourth Floor,Denver,CO 80206,Attention: Mr. Alex
Yeros.
Grantor,for and in consideration of the sum of$10.00 and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed,
and by these presents does grant,bargain, sell,convey and confirm unto Grantee,its successors and
assigns forever,the real property located in Weld County,Colorado(the"County")which is described on
Exhibit A attached to this Deed(the"Property"),together with(i)the buildings, fixtures and other
improvements owned by Grantor and located on that Property,(ii)all development rights and air rights
relating to the Property,any rights to any land lying in the bed of any existing dedicated street,road or
alley adjoining the Property and to all strips and gores adjoining the Property,and any other easement,
rights-of-way or appurtenances used in connection with the beneficial use and enjoyment of the Property,
and(iii)all and singular the other hereditaments and appurtenances thereto belonging,or in anywise
appertaining,and the reversions,remainders,rents,issues and profits thereof,and all the estate,right,
title, interest,claim and demand whatsoever of the Grantor,either in law or in equity,of,in and to the
Property,and all hereditaments and appurtenances; but excluding from this Deed(a)any and all minerals,
oil,gas and other hydrocarbon substances on and under the Property,which are being conveyed by a
separate Bargain and Sale Mineral Deed of even date herewith,(b)all water and water rights of any kind,
wells and well permits and rights,groundwater and groundwater rights,ditches and ditch rights,
reservoirs and reservoir rights,storage rights, springs and spring rights,and ditch and water company
stock,whether decreed or undecreed,appurtenant to or historically used in connection with the Property,
whether in the nature of tributary,non-tributary or not non-tributary interests,which,to the extent
conveyed to Grantee,are being conveyed by a separate Water Rights Deed and certain other instruments,
each of even date herewith,and(c)the equipment, fixtures and other improvements owned by Grantor
and located within the easements covered by that certain Easement Agreement of even date herewith,
pursuant to which Grantee is granting to Grantor certain easements over the Property to benefit the
adjoining property retained by Grantor,which Easement Agreement will be recorded subsequent to this
Deed.
TO HAVE AND TO HOLD the Property,with the appurtenances unto Grantee,its successors
and assigns forever. And Grantor, for itself,its successors and assigns,does covenant and agree that
Grantor shall and will WARRANT AND FOREVER DEFEND the Property and appurtenances and the
title to it in the quiet and peaceable possession of Grantee, its successors and assigns,against all and every
person or persons claiming or to claim the whole or any part thereof by,through,or under Grantor,except
for the lien of taxes and assessments for the current year and all subsequent years and the matters shown
on Exhibit B attached to this Deed.
Dated: As of November 2005.
EASTMAN KODAK COMPANY,
a New Jersey corporation
By':
Its: Vitt Water ca4-
EXHIBIT
2006-2120 1 c5
Rill 11111 HIE/111111111111111111111
3340221 11/15/2005 03:43P Weld County, CO
2 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
STATE OF NEW YORK )
)ss.
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 2846 day of October,2005,by
flie L.Burlc.J,e.,d4- as Vicar-Rtgatwrf- of EASTMAN KODAK COMPANY,a New
Jersey corporation.
Witness my hand and official seal. , tes�(J' 9
Not
ary ary Public
My commission expires:
MARK R WRIGHT
Notary Public. State of New York
Monroe County
Commission Expires September IL 1.9daj
2
1111111 11111 11111 1111111 111111111 HEM 11111 I I I{
3340221 11/15/2005 03:43P Weld County, CO
3 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
EXHIBIT A
Legal Description
West Property
A TRACT OF LAND SITUATE IN SECTIONS 27 AND 34, TOWNSHIP 6 NORTH, RANGE 67
WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL I:
THE NW 1/4; THE SW 1/4; THE W 1/2 OF THE NE 1/4; THE W 1/2 OF THE SE 1/4; AND THE NE
1/4 OF THE NE 1/4 OF SECTION 27,TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.;
COUNTY OF WELD,STATE OF COLORADO;
EXCEPT PARCELS CONVEYED TO WELD COUNTY BY DEEDS RECORDED JUNE 24, 1936 IN
BOOK 995 AT PAGES 165, 166 AND 167;
AND EXCEPT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS BY DEED
RECORDED JANUARY 6, 1964 IN BOOK 502 AT RECEPTION NO. 1425440; AND EXCEPT
PARCEL CONVEYED TO THE TOWN OF WINDSOR BY DEEDS RECORDED JUNE 2, 1995 AT
RECEPTION NO. 2440899 AND 2440900.
PARCEL II:
THE N 1/2 OF THE NW I/4;THE SW 1/4 OF THE NW 1/4; THE NW 1/4 OF THE NE 1/4; AND THE
SW 1/4 OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY
OF WELD, STATE OF COLORADO;
EXCEPT PARCELS CONVEYED TO WELD COUNTY BY DEEDS RECORDED JUNE 24, 1936 IN
BOOK 995 AT PAGES 162, 163, 165 AND 167;
AND EXCEPT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF
COLORADO BY DEED RECORDED JANUARY 14, 1963 IN BOOK 1635 AT PAGE 375;
AND EXCEPT PARCEL CONVEYED BY DEED RECORDED NOVEMBER 20, 1968 IN BOOK 602
AT RECEPTION NO. 1524120;
AND EXCEPT PARCEL CONVEYED BY DEED RECORDED MAY 14, 1970 IN BOOK 625 AT
RECEPTION NO. 1547170;
AND EXCEPT THAT PARCEL CONVEYED BY DEED RECORDED AUGUST 18, 1993 IN BOOK
1398 AT RECEPTION NO. 2346661;
AND EXCEPT THAT PORTION OF THE SW 1/4 LYING EAST OF THE EAST BANK OF THE
POUDRE RIVER BRANCH THAT RUNS GENERALLY IN AN SOUTHEASTERLY-
NORTHWESTERLY DIRECTION.
THE ABOVE-DESCRIBED PARCELS ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHWEST CORNER OF SAID SECTION 27,AND CONSIDERING THE NORTH LINE
OF THE NORTHWEST QUARTER OF SAID SECTION TO BEAR N89°24'06"E,WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO, BOTH ENDS OF SAID LINE BEING
MARKED BY A 3-1/4" ALUMINUM CAP STAMPED PLS 20685; (SAID BEARING IS A GRID
BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE,
NORTH AMERICAN DATUM 1983(1992), DETERMINED BY GEODETIC (GPS)
OBSERVATIONS);
THENCE N38°30'46"E, 82.39 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF
EASTMAN PARK DRIVE AS DESCRIBED IN THE DEEDS TO THE TOWN OF WINDSOR
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Inn 101 1111111 11111 1111 REHM El
I I I
3340221 11/15/2005 03:43P Weld County, CO
4 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
RECORDED AT RECEPTION NOS. 2440899 AND 2440900, SAID POINT ALSO BEING THE
POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,N89°24'06"E,2,557.30 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'43"E,
2,606.54 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 27;
THENCE SOO°31'48"E, 1,256.24 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO
SECTIONS 26 AND 27;
THENCE S89°27'56"W, 1,305.13 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID
SECTION 27;
THENCE S00°27'03"E, 1,320.03 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION
27;
THENCE S00°27'03"E, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER COMMON TO
SECTIONS 27 AND 34;
THENCE S05°33'47"E, 1,328.57 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID
SECTION 34;
THENCE 589°4222"W, 1,191.15 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION
34;
THENCE S89°43'52"W, 1,431.99 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID
SECTION 34;
THENCE S05°29'44"E, 1,323.82 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION
34;
THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34,
N89°49'11"E, 112.45 FEET TO A POINT ON THE NORTH TOP BANK OF THE CACHE LA
POUDRE RIVER;
THENCE ALONG SAID NORTH TOP BANK THE FOLLOWING NINE(9)COURSES:
1. S47°39'54"E, 96.16 FEET;
2. S63°19'51"E, 145.64 FEET;
3. 563°20'24"E, 165.53 FEET;
4, $61°36'06"E, 178.58 FEET;
5. S55°49'36"E,343.62 FEET;
6. S39°1 1121"E,"E,666.47 FEET;
7. S47°14'02"E,241.40 FEET;
8. 842°09'12"E, 112.35 FEET;
9. S24°37'22"E, 22.47 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL
DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 1547170 IN THE OFFICE OF THE
WELD COUNTY CLERK AND RECORDER;
THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL THE
FOLLOWING TWO(2)COURSES:
1. S89°59'27"W, 15.96 FEET;
2. S00°00'33"E, 46.00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL
DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 2346661 IN THE OFFICE OF THE
WELD COUNTY CLERK AND RECORDER;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING SEVEN (7)
COURSES:
1. S18°51'49"W, 157.80 FEET;
2. S65°58'22"W,77.05 FEET;
3.N89°44'14"W, 1,157.23 FEET;
4.N89°48'21"W, 890.75 FEET;
5.N74°12'22"W, 112.97 FEET;
6. S75°08'30"W,90.32 FEET;
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5 at 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
7. S88°11'36"W,326.44 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE
HIGHWAY 257;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING EIGHT (8)
COURSES:
1.N13°20'56"W, 145.27 FEET;
2. 587°07'44"W,32.66 FEET;
3.N13°35'36"W, 1,187.51 FEET;
4. 395.88 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,697.50
FEET, A CENTRAL ANGLE OF 13°21'44", AND A CHORD WHICH BEARS N06°54'44"W, 394.99
FEET;
5.N00°13'53"W, 2,428.29 FEET;
6.N00°13'54"W,2,633.31 FEET;
7.N00°13'30"W,2,559.07 FEET;
8.N51°58'19"E, 13.99 FEET TO THE POINT OF BEGINNING.
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6 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
EXHIBIT B
Permitted Exceptions
1. TAXES AND ASSESSMENTS FOR THE YEAR 2005 AND SUBSEQUENT YEARS.
PARCEL I:
2. RIGHT OF WAY EASEMENT AS GRANTED TO DENVER PACIFIC RAILWAY AND
TELEGRAPH CO IN INSTRUMENT RECORDED APRIL 29, 1870, IN BOOK 1 AT PAGE 540.
3. LIQUOR RESTRICTIONS OF RECORD,WHICH CONTAIN A FORFEITURE OR REVERTER
CLAUSE,WHICH PROVIDE THAT INTOXICATING LIQUORS SHALL NEVER BE
MANUFACTURED,SOLD,OR OTHERWISE DISPOSED OF AS A BEVERAGE IN ANY
PLACE OF PUBLIC RESORT IN OR UPON THE PREMISES OR ANY PART THEREOF,AS
CONTAINED IN INSTRUMENT RECORDED MARCH 13, 1871 IN BOOK 2 AT PAGE 207.
4. LIQUOR RESTRICTIONS OF RECORD,WHICH CONTAIN A FORFEITURE OR REVERTER
CLAUSE, WHICH PROVIDE THAT INTOXICATING LIQUORS SHALL NEVER BE
MANUFACTURED, SOLD,OR OTHERWISE DISPOSED OF AS A BEVERAGE IN ANY
PLACE OF PUBLIC RESORT IN OR UPON THE PREMISES OR ANY PART THEREOF,AS
CONTAINED IN INSTRUMENT RECORDED IN BOOK 4 AT PAGE 304,393,496, 510 AND
534 .
5. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 28, 1874,
IN BOOK 12 AT PAGE 90.
6. LIQUOR RESTRICTIONS OF RECORD,WHICH CONTAIN A FORFEITURE OR REVERTER
CLAUSE,WHICH PROVIDE THAT INTOXICATING LIQUORS SHALL NEVER BE
MANUFACTURED,SOLD,OR OTHERWISE DISPOSED OF AS A BEVERAGE IN ANY
PLACE OF PUBLIC RESORT IN OR UPON THE PREMISES OR ANY PART THEREOF,AS
CONTAINED IN INSTRUMENT RECORDED JUNE 03, 1882 IN BOOK 36 AT PAGE 9.
7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 16, 1888,
IN BOOK 51 AT PAGE 83.
8. TERMS,CONDITIONS AND PROVISIONS OF OUTSIDE OF CITY WATER AGREEMENT
RECORDED AUGUST 12, 1953 IN BOOK 1364 AT PAGE 349.
9. TERMS,CONDITIONS AND PROVISIONS OF DEVELOPMENT PLAN RECORDED MAY 12,
1972 AT RECEPTION NO. 1589466.
10. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 02,2001,UNDER RECEPTION NO.2829571.
11. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MAY 09,2001,UNDER RECEPTION NO.2847392.
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I IUD 11111111111111111111111111111111 III 111111111 1111
3340221 11/15/2005 03:43? Weld County, CO
7 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
12. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MAY 09,2001,UNDER RECEPTION NO. 2847393.
13. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 18,2002,UNDER RECEPTION NO.2934453.
14. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED AUGUST 12,2003,UNDER RECEPTION NO. 3094212.
PARCEL II:
15. RIGHT OF WAY EASEMENT AS GRANTED FOR DRAIN TILE IN INSTRUMENT
RECORDED NOVEMBER 20, 1916,IN BOOK 459 AT PAGE 154.
16. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED DECEMBER 04, 1961,IN BOOK 1601 AT PAGE 206, AND
ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
17. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT RECORDED
JANUARY 14, 1963,IN BOOK 1635 AT PAGE 374.
18. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED OCTOBER 09, 1963,UNDER RECEPTION NO. 1418692 IN
BOOK 492,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
19. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED JUNE 09, 1967,UNDER RECEPTION NO. 1504478 IN
BOOK 582,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
20. UNDIVIDED 1/4 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED FEBRUARY 02, 1968,UNDER RECEPTION NO. 1512699
IN BOOK 591,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
21. TERMS,CONDITIONS AND PROVISIONS OF DEVELOPMENT PLAN RECORDED MAY 12,
1972 AT RECEPTION NO. 1589466.
22. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED JANUARY I4, 1975,UNDER RECEPTION NO. 1651931 IN BOOK 730.
23. TERMS,CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED
AUGUST 18, 1993 AT RECEPTION NO.2346662 IN BOOK I398 AND ASSIGNMENT AND
ASSLIMPIIN AGREEMENT RECORDED NOVEMBER b,2005 AT RECEPTION NO.
24. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 11,
1999 AT RECEPTION NO.2672770 AND AMENDMENT RECORDED NOVEMBER 19, 1999
AT RECEPTION NO.2733550.
25. OIL AND GAS LEASE RECORDED OCTOBER 30,2000 UNDER RECEPTION NO. 2803467
AND DECLARATION RECORDED MAY 6,2004 AT RECEPTION NO. 3178056 AND ANY
AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.
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8 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
26. RIGHT OF WAY EASEMENT AS GRANTED TO WINDSOR IN INSTRUMENT RECORDED
MAY 09,2001,UNDER RECEPTION NO.2847393.
27. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 18,2002,UNDER RECEPTION NO. 2934453.
28. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED AUGUST 12,2003,UNDER RECEPTION NO. 3094212.
29. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MAY 05,2004,UNDER RECEPTION NO. 3177518.
30. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 14, 1972, UNDER RECEPTION NO. 1585520 IN BOOK 664.
31. MATTERS AS SET FORTH ON SURVEY BY TST,INC.,BEING:
WATER LINES IN NORTHEAST CORNER OF SECTION 27(NENE)
RIGHT OF WAY FOR WHITNEY DITCH
RIGHT OF WAY FOR LAW DITCH
RIGHT OF WAY FOR POWER LINE
WILDLIFE VIEWING TRAIL AND PARKING LOT
32. RIGHT OF WAY EASEMENT AS GRANTED TO KERR-MCGEE GATHERING LLC IN
INSTRUMENT RECORDED MAY 10,2005,UNDER RECEPTION NO. 3284958.
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DEC-03-2004 o:=2 CT :P _ :CT=
n
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, Donetta Davidson, as the Secretary of State of the State of Colorado, hereby certify that,
according to the records of this office,
Petro-Canada Resources(USA)Inc.
is a
Corporation
formed or registered on 02/29/1980 under the law of Colorado, has complied with all applicable
requirements of this office, and is in good standing with this office. This entity has been
assigned entity identification number 19871393712 .
This certificate reflects facts established or disclosed by documents delivered to this office on
paper through 11/24/2004 that have been posted, and by documents delivered to this office
electronically through 12/03/2004 @ 10:31:00
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed,
authenticated, issued, delivered and communicated this official certificate at Denver, Colorado
on 12/03/2004 @ 10:31:00 pursuant to and in accordance with applicable law. This certificate is
assigned Confirmation Number 6100398 .
.
1_ -
7, 1.•
�,= l .T0t t/t fh[L.: ZZIA‘diarn.)
Secretary of State of the State of Colorado
End of Certificate _
•
iVonre'A certificate issued a/earonically from the Colorado Secretary of State Web site fit fully and immediately valid and effective. However,
as an option,the issuance and w/idtty or cernfimte obtained electronically may be e.vahlithed by visiting the Cenii icure Confirmation Page of
the Secretary of Stare lr Web site, hn ,iwwwsos cta_;n.u...'hL1Crm emrSearchCrihrin do entering the certi cate's confirmation number
displayed nn the cemfcale, and follemong the imnvainm dirplwed Confirming the issuance of a certificate it merely eonnnal and is nn(
necevwy to the valid and e?tatrte issuance of cerrtf sate. For more information,vigil our Web site, imp.'/wwn•.s s start ca.us/click Business
Center and select"Frequently Asked Q ettions."
. ,
EEC-CT.-1304 13: :2
/OF • CC1p ..
/77
.
STATE' RADO
187
DEPARTMENT OF
STATE
CERTIFICATE
I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF
COLORADO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF
THIS OFFICE, ARTICLES OF AMENDMENT WERE FILED ON NOVEMBER
30, 2004 CHANGING THE CORPORATE NAME OF
PRIMA OIL & GAS COMPANY
(COLORADO CORPORATION)
TO
PETRO-CANADA RESOURCES (USA) INC.
Dated: November 30, 2004
.„
SECRETARY OF STATE -
J"
TOTAL P.04
111011111111111111111111111 IIII 111111
3241874 12/07/2004 11:58A Weld County, CO
1 of 3 R 16.00 0 0.00 Steve Moreno Clerk& Recorder
2$9.4
•
Document Processing Fee
If document is on paper $25.00
If documents filed electronically, Currently Not Available
Fees are subject to change.
For electronic filing rd to obtain
copies of filed documents visit
vswsv toe maM.song
Delivvpryerdoeumew to: sn(I4!41t?c1.; C
Colorado Secretary efStam ' tilt
W
Business Division ='=GREYS°'f GE SIVE
1560 Oruadveay,Suite 200
Denver,CO 60202-5169 II-30-2COI ISr ISII7
Paper documents must be typed ormachine prided. caovssan rat OFFICE tut ONLY
Articles of Amendment
filed pursuant to§7-90-301,et seq.and§7.110.106 of the Colorado Revised Statutes(C.R2.)
ID number. 19971393712
1.Entity name:
r. Prints Oil&Gas Company
°freeme,g the sane alike rarperatima ithea,e name
UFO/Warn name doangv
2.New Entity name:
(ifapplicable)
Retro-Canada Resources(USA)Inc.
3.Use of Restricted Words(yanyo/>hoe
tenni an contained In an entity nema Inn I3"bane or"bust"or any derivative thereof
name gran entity,trade name woodenark ❑"credit union" O "savings and loan"
amid is'her document.mats the applicable C3 "insurance","casualty","mutual",or"surety"
relation):
4.Other amendments,if any,are attached.
5.If the amendment provides for an exchange,reclassificadon or cancellation of issued shares,the attachment
states the provisions for implementing the amendment.
6.11 the corporation's period of duration
as amended is less than perpetual,state
the date on which the period of duration
expires:
(nsitoyyyy'
OR
If the corporation's period of duration as amended is perpetual,mark this box: 0
7.(Optional) Delayed effective date:
Notice:
Causing this document to be delivered to the secretary of state for fling shall constitute the affirmation or
aclatowledgment of each individual causing such delivery,under penalties of perjury,that the document is the
individual's act and deed,or that the individual in goad faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity •
with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic
.�-
Rev.LU oil
I
oil
,...1111111 111111111 11111 lilt llll11 Iii 11111 III! ill!
'" 1241874 12/07/2004 11:58A Weld County, CO
4 o1 3 R 16.00 0 0.00 Steve Moreno Clerk&Recorder
statutes,and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part,the constituent documents,and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state,whether or not such individual is named in the document as one who has caused it to be delivered.
8.?garnets)and address(es)of the
individuals)causing the document
to be delivered for filing: Shepston Michelle H.
awn (Fir' (Middle) (SOU)
1550 17th Street,Suite 500
!amen name and amber or Pon Office tnf etler)
Denver CO 80202
(ON (arose) (PuneV22p Cede)
(Prows-,Japplkaa4J (County-pm US)
(The document Need net nee Annie neat ad address(man the,.on icdhiduot Hoaxer,Om wish to time the none and odds,
(ooy addle:endMdlWduelr cawing de document so be deleetni forflling mark de easCiad include in attachment slating she aerie
end add.=°feud redivided')
Disclaimer:
This form,and any related instructions,are not intended to provide legal,business or tax advice,and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date,compliance with applicable law,as the same may be amended from
time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
f
Ito,.7/O/2004
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STATE OF COLORADO
OF �°Lp DEPARTMENT Of STATE
, ir
'y I hereby certify that this is a true and
FT, IC � compfete copy of the document filed in
this office and admitted to record in
CH ' O Fee r.,.....<76-47 c//Y/L (74.
** •
. ,. ..t".. Iir /* DATED %1/3t hi .
8 / T andt bau<2ae...
Secretary of State
BY _KY,_�t'.��h.r�P-7
OFFICERS AND DIRECTORS
OF PETRO-CANADA RESOURCES (USA) INC.
FORMERLY KNOWN AS
PRIMA OIL& GAS COMPANY
Name Titles Address
Donald M. Clague President and Director 1099 18th Street, Suite 400,
Denver, CO 80202
Charles W. Pollard Vice President Engineering and 1099 18' Street, Suite 400,
Operations Denver, CO 80202
Edward L. McLaughlin Vice President Land and Business 1099 18' Street, Suite 400,
Development and Director Denver, CO 80202
Robert L. Friesen Chief Accounting Officer 1099 18' Street, Suite 400,
Denver, CO 80202
Hugh L. Hooker Secretary 150 - 6'Avenue S.W.
Calgary,Alberta T2P 3E3
Kathleen R. Vigil Assistant Secretary 1099 18' Street, Suite 400,
Denver, CO 80202
Dennis J. Gustafson Assistant Secretary 1099 18' Street, Suite 400,
Denver, CO 80202
W.A. (Alf) Peneycad Director 150 - 6th Avenue S.W.
Calgary, Alberta T2P 3E3
#606858.1
t
1110111111101 11111 1111 O11111111
3241874 12/07/2004 11,08A Weld County, CO
1 o1 3 R 18.00 D 0.00 8leve Moreno Clerk A Recorder
•
i
Document Praceaieg Pee
If doormen it on paper: 125.00
If document Is filed decaodcafy: Carmody Not Available
Pen an subject to ebvige.
For'Weenie mats al toAS.
eagles Kahl damn'1*
Daaw pa downeoale le: .01)4141Cc1+S f
Colorado Soma eft. Z. 73.ldr
Bata Deride flCRE11.71 STaTE
1540 Broadway.Suite 240 1!-Stl:(71 137 t5s 1+
Deaver,CO 802(0.5169
hprdeearaaa Iauar be typed or nada pr at 1.204131411 ban want
Artlde6 of Amendment
filed pursuant to§7.90.301.et seq.and fl-I10.106 of the Colorado Revised Statutes(C.P.S.)
ID number 19471365712
I.Entity name:
• Phns a s Ca Canary
"Ana de aewe'AM r e..ew.Atew at
arroas gnawoat)
2.New Entity oat
(i(apyhctbY) PeaoCmada Rsawcn(USA)Mc
3.Use of Restricted Word.41sr(Mae
tame en eaewd"flak.rn sue O'bank"or"nue or any derivative dtereof
same w s,est*.nil ROM sr iramert ds .nilR b sw,pplIaab satdil union' O "nviop and loan"
surd
'Insurance",`Insurao ",`casualty'.'timmar,or"emery'
ilanlael:
4.Other amendments,If my,we attached.
5.If the amendment provides for an exchange,reclail(iatlon or cancellation of issued shies,the attachment
Sans the provisions for implementing the amendment
6.If the committal's priod of dllradn
as amended is ten that:perpetual,sane
the date on which the period of duration
expires:
feo'dshN/J
OR
If the corpoauon's period of dmadon n amended is perpetual,mark this box: O
7.(Optional) Delayed effective date:
osaarynsw
Notice:
Causing this document Co be delivered to the secretary of sore for filing shall constipate the affirmation or
aclmowkdpnent of each individual causing such delivery,under penalties of perjury,that the document is the
individual's act and deed,or for the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered(or filing,taken in conformity
with the requirements of part 3 of article 90 of tick 7,CRS.,the consdrumt documents,and the organic
^.� Art 1/13nap
I era
•
I till//11111 111111111111111111111 LIMN 11111 IIII III!
3241874 12/07/2004 11.688 Weld County, CO
2 of 3 PI 18.00 D 0,00 Stew Memo Clerk&Recorder
a
Mites,and that the individual In pod faith believes the facts sated la the document are nue end the
document complies with the requitemene of that Part the constituent documents,and the organic statuses.
This perjury notice applies to each individual who causes this doemnmt to be delivesd to the aewetmy of
sure,whether or not such individual is named la the document u one who has canted it to be delivered.
8.Name(s)and address(es)of the
individul(e)causing the document
to be delivered for filing: SMp.bn .estates N.
Peal (nil? Ward arin0
1650176 Sent Sera 000
S.w ter a4 hales hetfile.(V6.a.el.y
POW CO 00]02
109'0 OM) "nen*ewe/
ps.,rar-Ywa-ard 041007.mitt
Ter.wer wad swam At sew rev weaaryseer Se r41rwi1 N.'ae,r ...a w ear.ar.rr../eYas
apse wVr..r Mawr*codas Me earn krlliond Aveseen as M.DS Adak a escheat amen St wan
awl reea,alma 6aa rh)
Disclaimer:
me tact and an related instructions,am not intended to provide kph business or as advice,and are
offered as a public service without representation or nanny. White this form is believed to sadsfy minimum
legal requirements as of its revision date,compliance with applicable kw,as the same may be amended from
time to time,retrains the responsibility of the user of this faro Question should be addreued to the use's
attorney.
it
e
Rev.7/11/2064
2 el
1111111111111111111111111111III1111111111111
CCor 34A1Moo 00 0.00:r , *11111111
or\-€ !Worthy
Burke Lewis,Esq.
Davis Graham and Stubbs,LLP
1550 Seventeenth St.,Suite 500
Denver,Colorado 80202
303-892-7453
STATE OF COLORADO
41
O11 ' (77 OZ DEPARTMENT OF STATE
...
A��9 I hereby certify that this is a true and
W / �f complete copy of the document fled in
� / O this office and admitted to record In
*I File�?GZNy/Wo4/6
ti, * DATED //�j5/o�
* r' ,n
4 /876 �` l.U �,.,
Secretary of State
By y(, L . _
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Lawyers Title Insurance Corporation hereby certifies that it has made a careful search
of its records and finds the following conveyances affecting the real estate described
herein since August 30, 1972, and the most recent deed recorded prior to August 30,
1972.
LEGAL DESCRIPTION
See Attached Exhibit A
CONVEYANCES (If none appear, so state):
Reception No. 1242154 Book 1464
Reception No. 1567898 Book 646
Reception No. 1658987 Book 737
Reception No. 1707713 Book 786
Reception No. 1707714 Book 786
Reception No. 1714660 Book 793
Reception No. 1714662 Book 793
Reception No. 1714663 Book 793
Reception No. 1714664 Book 793
Reception No. 1714665 Book 793
Reception No. 1815372 Book 893
Reception No. 1815373 Book 893
Reception No. 1815374 Book 893
Reception No. 1815375 Book 893
Reception No. 1857459 Book 935
Reception No. 1880688 Book 959
Reception No. 1881339 Book 959
Reception No. 1888544 Book 965
Reception No. 2031220 Book 1090
Reception No. 2208863 Book 1259
Reception No. 2208865 Book 1259
Reception No. 2304537 Book 1352
Reception No. 3349269 Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby
limited to the fees paid for this Certificate.
In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to
be signed by its proper officer this 15th day of March, 2006, at 7:00 am.
Order No. LTTL0000799 Lawyer)fitle I r c n
By t
Authorized Signature
r
File No. LT L0000799
EXHIBIT A
LOT B, RECORDED EXEMPTION NO. 0807-4-35-RE 476, AS SHOWN ON THE PLAT THEREOF
RECORDED JANUARY 21, 1981, AT RECEPTION NO. 1847472, BEING LOCATED IN THE S 1/2
OF THE NE 1/4 AND THE N 1/2 OF THE SE 1/4 OF SECTION 35 AND A PART OF THE
SOUTHWEST 1/4 OF SECTION 36, ALL IN TOWNSHP 6 NORTH, RANGE 67 WEST OF THE 6TH
P.M., COUNTY OF WELD, STATE OF COLORADO.
m.ld�aYy`18�t15
t Y:ie5an.ai` nu8i xr. °Ip44.a�• rtt� .u ` -'«e-.+1�QwW...cd.�W�4'p}'e,. ., t r+'^
• s�15 s^uYrkdt 'V>ti"Y* N dfjro •
{ jA"f " y y, f tit a mfl? v ., v0,":6,.';';•;:'.'-'c—,m _..
a r to^\ i � n � '"�� ® ':�Pa`4�1 k�� 1 e �ciii1��Y �0��5M �r t`.VP. �� N. 4( R>nR3 s»s A, +��7 t ,[ o'tlxkr.s,M
i71.v ;h` tV fy Ya <e to o N9 a `� - w9k s W t S1QL, -• R«tsars,
ylywLy�da*{' \Iv+� to a+dl a v1 '-
Z Y„4St,`r darsd rt# tltet std r*.io p .' •
jv't dieA�tt�ll\ll ( �gfODf�1}i}�d)hiller tIR6th?.: ,sr day of N¢VgmbDr. lathe
N 1 y-, Y t a�pPo11 i qng MIErshp nine hmldreJ m k'ifty-91x • betwr
''°I $ 1M e1i.13. f'y'$M� and I1111a¢ 7al,Pm6'•-
(d i. o is liei3t}tt' 1 t Counfy oC Weld and St ac of Colorado,of the
a1 S,11 i1.:'O Allep P' Lomh'nhd Lillian I.•. Lamb • v - _
/2'1,C,d >�Yrttl' 5 ,I k.-
1 a aswf's i Y Im ' •
ab hid thg la _ Cpioty of Weld • • d State of Colorado,of the.
1.562op41t&[ly: •t�xy (1f1'1T lie 5TN, That the said P° tOS „ , of the first part,for and in ondd ahon of the sum of
- , f ,,,Teh;t /10/100 - - + - DOFLARS,
.) -,•to fire aald part ice of the first park fa hind paid by die said parties of the second part, the pt whereof eof is
h;erebyi confessed and acknowledged, ha V9 grant d bargained, sold and conveyed, and by these presents do
gent bargain, bell, convey and canfirshtints tide said parties of the second part, to pass itot in tenancy in common
but iii joint tenancy, the survibor of them,their assigns and the heirs and assigns of such survivor forever,all the(ol-
lowing described lot S or parcel l S Of land,situate.lying.and being hi Sic -
Cou ly f l'laid d State pf C�oul1orado, to-wire
The South ono-half oP tite'Northoont Quarter and the Nort one-tl91T of the
Southeast Quarter of Section 35, in township 6 North, of Range 67 West of
the 6th P.M, Weld County, Colorado,
Also oil that part of the Southwest Quarter of Section 36, Township 6 North,
of Ron? Stxty.-snvolt Prat of the 6th P,1Q., lying West nod South of the West
County•Rned nod North of the Gotha le Pondro River`
'Together with 12 shores of thaonpittil stock of The Whitney Irrigation Company
(The octuol consideration for this deed is lose than ono hundred
' dollars) • —
TOOETH ER with all and singular the lirrcditaptmits and appurtenances t hereento belongmg, or in any wise
�,—.. appertaining, and site reversion and reversions, remainder :unn1 r.u:mulcs, road, Issues and prniiln thereof{ and
all the estate. right, title.Interest, elnin, and demand wlmuoever e,l the said part ion of tic lust part, either in
law or equity, of, in and to the above bargained premises, the beredilmnemts and appnrtenaneee.
to HAVE AND 'r0 HOLD the acid premise!shave bargoinol and describeil, with app ttrt um sees, unto the
said parties of the second part, ❑m smrvi vor of therm, their nastily!, 1) s
( the heirs and assigns of such survivor for-
ever. And the bald part Leo of tine first part,for thorn sew a a,
r (airs,executors. and administrators, do
ant, grant, bargain and agree to and with the said parties of the second part. the survivor of them, their
esigns and the heirs and assign.hf such survivor, that a the limo of the cnsenling,nnd deliverin.v id hose presents,
t hog ore well seized of the premises above conveyed, as of good, .are. Perfect, absolute and buldcasible estate
of inheritance,in law.in foe simple,and hallo good right, lull power and lawful nuthorily to grant, bargain,
sell and convey. the same in manner and form aforesaid.and that the s. are free and dear from all former :I'Mum
other grants,bargains, sales, liens, taxes, assessments and incbrainres'o of whatever kind or nature sorlu,
except no of record -
nml the above bargained premises is the gets) and peaceable Un',c±yion of the .raid parties of the second pare, the
survivor of them, their assigns and the heirs and assigns of such surviyor,ngni tat all and every person or persons
lawfully claiming or to claim the whale or any Part thereof,the said,part leg of the first part slmlt and will
\VAllItAN'I' AND ',DEEPER DEFEND.
IN \VITNiSS WHEREOF'the said part Jog' the filet part la vo hereunln •ct their hands and
seal g the day noel year first'above written. . - ,
Signed, Sealed and Delivered in the Presence of _y..o_ /- _.._.... (SEAL)
•
........._ ..._. _ a/ "`^M.._t/ . �1.�/s'.t'h--___------(SPA1,)
..._ _._ .. ,_bill ./�,/m/J_��y�J
L � ✓ .K:._ e°1-2i-r-.- .(SEAL)
SIATESOlI co,.ORAD01
V, J e e foregoing instrument was acknowledged before h t is}d_76ti1____day of
comas, yf ),Veld.
"1 d R oh ;. m°vombl II9_,by
tl / Allen_B. i.amb.,alid Lillian_l. Lamb
It•
U \L Witness My Hand and Official Seal
My Commission,Raplres„, - My LIII P. 1956 _-
I........ Notary Public.
•
W ARRpNTV'DR$D—:Th Joint Tenants—ticVcy .Prin)ery. Greeley. Colorado. _,
73
{{�ra.A M6 /� maY.as_�sza _-- gm
.n ' @{pXr� --V-.._-_..a'etmk..r!-...M., ._-....-_.......- ,, er
Reception Ne..—E..5.05 ?-- ,._ _____ ANN SP°MEa fleeoser. CO
'ISIS DEER, Made this 10th day of May ,is 71
r� •
bebrdon ALLEN B. LAMB and LILLIAN I. LAMB E ti
t. ' Slats Documentary l�ll
i Dole MAY r1 / I
P e of the $ X.:pR.....
•oo s&ty 4 Weld and State of Colorado of the fleet port.cod
°O •ROGER GUMP, JACK SUNDHEIM, GERALD J. STARIKA, °
OD DEAN GOODMAN, and GLENN JUSTICE
vs WRISIXSUG 1fR3€MISK1PR ######PIN3OP###3f#9P4:A9P9P##
in e
in
an �(rJ(j et the second pert:
an
WFTNE6aETR,That tbo said partiesof the first ert for end In consideration of the sum al O
-▪" TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS
m to the said pert Jest of the first part in hand paid by said part ins of the second port,the receipt whereof I. °,
N hereby confessed and acknowledged,be verranted.betrgelnel,sold end conveyed,nod by three Intents do N
o front,bargain,sell,convoy and confhw,unto the said part ins of 0o second part,their-helm and assigns for- o
c aV
_
County of Weld and State ever,all Ha following described lot or parcel of lend,situate,lying and being In the
b of Colorado,to wit:
A tract of land situated in the East half of Section 35, 'township 6 J
N North, Range 67 West of the Sixth Principal Meridian, Weld County, r-I
Colorado, being more particularly described as follows: Consider- s
s▪ Lug the East 1Lns of the Northeast quarter of said Section 35 as
bearing South 00 33'20" East and with all bearings contained herein
relative thereto. Commencing at the Northeast corner of said Sec-
tion 35, thence South 00°33'20" East 1319.94 feet to the Northeast
corner of the South half of the Northeast quarter of said Section
35, said point also being the true point of beginning, thence South
00033'20" East, and along the East line of the Northeast quarter of
said Section 35, 970.00 feet, thence South 89°36'28" West, 1040.00
feet, thence South 00°33'20" East, 352.00 feet, thence South 89036'
28" Wear, 555.00 feet, thence North 00°33'20" West, 1322.00 feet to
a point on the North line of the South half of the Northeast quarter
of said Section 35, thence North 89°36'28" East 1.595.00 feet to the
true point of beginning. Said tract contains 40.00 acres. _ _.—
A.....
t7 61�Iry R.cosded et4y' .5.1925.._._.._....----- I
NI S ka.SHW J
ReeePHoa No..._.__1sse-j,f398!,Y... . iFv..✓A Recorder.
' THIS DEED, Heda this 24th day of March - .p975 . . a'
o, -' between Roger Gump, Gerald J. Starika and Slate Documentary Fee 1
Jack Sundheim ' APR 251975
'r_ , • of the County of Arapahoe r and state of Dale._______._- o
CO Colorado,of the first part,and Glenn Justice, James A.
•co Justice, of the City and County of Dallas, •
vD State of Telzas• and W. Dean Goodman o
of a City and un(yot Denver andetateef
Colorado,of the second pert,
a WITNESSETH,That the said part ie sof the first port,for end in consideration of the rum of e
Ten ($10.00) -DOLLARS,
"" to the said part ies of the first part in hand paid by the sold part les of the second part, the receipt whereof N
-tf, la herby coefessed and acknowledged,have remised, released, sold, conveyed and QUIT CLAIMED, and by 'us
"" these presents do remise,release,sell,convey and QUIT CLAIM unto the said partie 9 of the second pert, "'I
o their helve,successors and assigns,forever,all the right, title, Interest, claim and demand which the said O
0 O
parties of the first part ha ye In and to the following described lot or parcel of land situate, lying and
being in the County of Weld and Slate of Colorado,to wit:
19 A tract of land situated in the E 1/2 of Section 35, Township 6
ca North, Range 67 West of the Sixth P.M., Weld County, Colorado, N
being more particularly described
' as follows: ri
Considering the East line of the NE 1/4 of said Section 35 as
bearing S 00°33'20" E and with all bearings contained herein
relative thereto. Commencing at the NE corner of said Section 35,
thence S 00°33'20" E 1319.94 feet to the NE corner of the S 1/2
of the NE 1/4 of said Section 35, said point also being the true
point of beginning, thence S 00°33'20" E, and along the East
line of the NE 1/4 of said Section 35, 970.00 feet, thence S 89°
36'28" W, 1040.00 feet, thence S 00°33'20" E, 352.00 feet,
thence S 89°36'28" W, 555.00 feet, thence N 00°33'20" W,
1322.00 feet to a point on the North line of the S 1/2 of the
NE 1/4 of said Section 35; thence N 89°36'28" E 1595.00. feet to
CJ the true point of beginning, containing 40.00 acres more or less.
0
.^
Isom CAF' 7RXXAtaVNPJ}.d,
N
or TO HAVE AND TO HOLD the same,together With all and singular the appurtenances and privileges thereunto
I belonging or in anywise therewith appertaining,and all the estate,right,title,interest and claim whatsoever, of the
said part tea of the first part,either in law or equity, to the only proper use,benefit and behoof of the said
0 parties of the second part,their hairs and assigns forever. /
Hs' IN WITNESS WHEREOF,The said part iesof the first pars aV ryanto settheir hands
Ha
R au" ..— try the day and year first above written. ,/
H ..L'^_t•n �/ . [SEAL]
,fns, Signed,Sealed and Delivered In the Presence of , p o•1 '�—
O �:...Gerald
era d,.._^ a• k./1-C.. Y'.t• (SEAL]
U
i
-----. ..
rC ark Sund elm
a
U [SEAL)
.: ... _ _. .. . _ .. .. .. . . ._.i
Q
STATE OF COLORADO,
CI 0.0( County of
The fors¢olQg instrument was acknowledged before me this ��'T da of, //./.. - -
1975,by Roger Gump, Gerald J. Starika and Jadk Sundheim. 1,d�i-i-rd).,
/�l/J My commission aspires Me.•-.�2f .197�Wltne,e my ha�ndd cadd000ffii l/et seal r A. I-/ )s r•$
C� ' >44. r '�V .t us ;,,,,r 0�f s
• "'t.:°ra°lerr.p!!tQ'Ie.'
/'ems 'n a sear aaeno; r'eno here“tut nam or e 'If b) o aline I•n ore tare o enlelal aeiV°eau
Immey-l-� of executor, imp -ie-o set a o0 0 1!y r o rra n:ra be i8eer oc
°esatloon tb.a Ios..`ia°i�1e se a�'roe anti Rv°.1seof urn.oh. tin ether ,imen or much ranges:IL—a,omi°ry
Na.939.QuIT CLAM➢ESo.e.earard PubluhNr f°..1554-,e Stunt Saner.Dearer.Calontlo(6tr39111-4-14
p. l`yp�,tm�,i.r li,Ircxt�r+i+c SP3'f iird
s. •4 f '�` 4 `7}Yni -'SN.a.dd 'rShY.,`-.one .- +h t
N� ��.�° 'i�.a}a�'' � �'�. 1'3���i�UrsnC n. 's 'c...a...z irv�<.3.
, to0+.1ya 6 Recorded at. /e2 o'clock....rP M ... JAN 3...1917
c? Reception No 1797�r3 MARY ANN FES/SRSTE1hL._.Reeorder
_ _— --
RECORDER'S STAMP
�. 7'l6
THIS DEED, Made this day of December ,
1 I ID 76 ,between DEAN GOODMAN A/K/A W. DEAN GOODMAN,
II GLENN JUSTICE, and JAMES A. JUSTICE of the
c ; City and County of Denver and state of Colo.
Ii .redo,of the first part,and
v-II GLENN JUSTICE MORTGAGE COMPANY, INC.a orporotion organized and
existing under and by virtue of the laws of the State of Texas
of the second part:
WITNESSETIi, That the said part ieS of the first port, for and in consideration of the sum of
A, TIN AND NO/100 DOLLARS
, to the said pert las of the first part in hand paid by the sold party of the second part,the receipt whereof Is
O', hereby confessed and acknowledged,hnVe granted,bargained,sold and conveyed,and by these presents de
grant,bargain,cell,convey and confirm,unto the said party of the second part,Its successors and ensigns forever,
all of the following described lot or parcel of land,situate,lying end being in the
County of Weld and State of Colorado,to wit;
A tract of land situated in the East half of Section 35 Township 6 North Range 67
West oP the Sixth Principal Meridian County,of Weld Sate of Colorado, being Thor
particularly described as fellows% Considering the gaat line o the Northeast
Quarter of said Section 35 as bearing South 00033'20 East and with all bearings
�ij r-I contained herein relative thereto. Commencing at the Northeast corner of said n
fu Section 35, thence South 00033'20" East 1319.94 feet to the Northeast corner of W�9
[I,.n'A-= the South half of the Northeast Quarter of said Serltion 35, said point also being
V the true point of beginning, thence South 00033'20' East, and along the East line
of the Northeast Quarter of said SectionLa �5 970.00 feet thence South 89 36'28
.West 10 00 feet thence South 00033'20 �s 3�2 00 teat thence South
8903&'28�West 55x.00 feet, thence North 00033[20 West, 132.00 feet to a point
on the North line of the South Half of the Northeast Quarter of said Section 35,
thence North 89036'28" East 1595.00 feet to the true point of beginning.
TOGETHER with all and singular the hereditamolts and appurtenances thereunto belonging or In anywise
appertaining,and the reversion end reversions,remainder and remainders,rents,issues and profits thereof; and all
the estate,right,title,interest,claim and demand whatseever of the said part see of the first part,either in law
,r- or equity,of,in and to the above bargained premises,with the hereditament.and appurtenances,
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the
said party of the second part, Its successors and assigns forever. And the acid pardes of the first part, for
them sel Yes,theiltneira,executors,and administrators,do covenant,grant,bargain and agree to and with
the said party of the second part,its successors and assigns, that at the time of the ensealing and delivery of
these present+,they are well seised of the promisee above convoyed, as of good, sure,perfect, absolute and
indefeasible estate of Inheritance,In law,in foe simple,and ha Ye good right,full power and lawful authority to
grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from
all former and ether grants,bargains,sales,liens,taxes,assessments and encumbrances of whatever kind or nature
waver, except the 1976 General Taxes and subsequent years
and the above bargained premises In the quiet and peaceful possession of the said party of the second port, Its
successors and Resigns,against all and every person or parsons lawfully claiming or to claim the whole or any port
thereof,the said part jest the first part shall and will WARRANT AND FOREVER DEFEND,
IN WITNESS WHEREOF,Tho said Dartieeof the first part have hereunto set their hand 5
and seals the day and year first above written.
Signed,Sealed and Delivered in the Presence of .. . . .re-- [SEAL]
0: .. 47LliM'ti..+ DEAL)
..eli..E �..,....• asw� [SEAL]
.n. Q.
STATE OF COLORADO, pr' -''y` •
.
City and County of Denver , • a do of Daoembar
The foregoing Instr,mmnt was acknowledged before me Y
•
10766 Eby DEAN GOODMAN A/K/A W. DEAN GOODMAN, GLENN JUSTICE and JAMES A. JUSTICE
'\Q,.......7..,.Oc
pJf yty4(pa iltion expires July 24, 1978.
I�Y�- clod" ".J
'+_W TND$9:nt hand and official+cal.
.r\ 'lbYf, r1 _ ��iG67LGL.ti coy Pabuu.
NO:962:'WARr1ANTY DUD To CORPORATION—hr PMppmple Retard. Publishing Ca..flies"geese St,eet,Dave.Colorado
JAN
• 4Recorded at a2 S! o'dodc...(l M., 3 197]
�Ir�S, r 1,1,Any_WW.J(,eR&Teshl ecotder. U
Reception No._...170I7714
FILING STAMP
�^ THIS DEED, Made this 30th day of December ,t9 76 ,
between ,.p
I GLENN JUSTICE MORTGAGE COMPANY, INC. "'
Slate Documentary Fee u
a corporation duly organized JAN 3 197] d
and existing under and by virtue of the laws of the State of Texas Dale , n
u
of the first part,and $.•, raj n
,I ROBERT L. LAMB and EDDIE M. LAMB o
O of the
County of
r and State Colorado, the second port:
l
WITNESSETA;That the said party of the first part,for and in con- o
e�( aideratfan of the sum of FORTY FIVE THOUSAND AND NO/100 -- 1"OI LARS,
��� WIC in hand paid by the said pnrtiaa of the second part,the receipt whereof is hereby conleeeed and acknowledged, p
i1 has granted,bargained,sold end conveyed and by these presents does grant,bargain,sell,convey and confirm unto
t the said parties of the second part,not hi tenancy in common but in Joint tenancy,the survivor of them,their aasigne o
' and the heirs and assigns of such survivor forever,all the following described lot or parcel of land, situate,lying 'el lying and being in the County of Weld and State of Colorado,to wit. u
A tract of land situated in the East half of Section 35 Township 6 North, Range 67 O
West of the Sixth Principal Meridian County of Weld State of Colorado, being nor
�- particular described as followst Considering the st line of the Northeast
inn Quarter of said Section 35 as bearing South 0033'20 East and with all bearings i;
! contained herein relative thereto. Commencing at the Northeast corner of said
Section 35, thence South 00033'20" East 1319.94 feet to the Northeast corner of ,. cI
the South half of the Northeast Quarter of said Section 35, said point also being
the true point of beginning, thence South 00033'20" East, and along the East line CS
of the Northeast Quarter of said Section 5 970.00 feet thence South 8q036'28' t,
89°36028 West, 55s �OO feet,thence thence 00033'20
North 00033'20 O2 West, l322.00 feet to nce � tha point
on the North line of the South Half of the Northeast Quarter of said Section 35,
thence North 89036'26" East 1595.00 feet to the true point of beginning.
Grantor hereby retains one—half undivided interest in the mineral rights for
a period of Twenty (20) years from December 30, 1976
A.----. TOGETHER with all and singular the hereditaneenta and appurtenances thereunto belonging, or in onywiee
appertaining and the reversion and reversions,remainder and remainder rants,issues and profits thereof; and all
the estate,right title interest,claim and demand whatsoever of the said party of the first pert,either in law or
equity,of,in and to the
above bargain premises, with the hereditaenente and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the
said pasties of the second part,the survivorof them,their assigns,and the heirs and assigns of much bar air usurvivor sed
r-
ever.And the said party of the Drat part,for itself,ih successors end assigns,does covenant grant, g
acre to and with the said parties of the second part,the survivor of them,their assigns and the heirs and assigns
of such survivor,that at the time of the ensealing and delivery of these presents, it la well seized of the premises
above conveyed,as of good,euro,perfect,absolute and indefeasible estate of inheritance,in law,In fee simple, and
hoe good right,full power and lawful authority to grant bargain,sell and convey the same in m lions,anner and form
aforesaid,and that the same are free and clear from all former and other grants,ber�gg Ina, soles,
as-
sessments and encmnbrances of whatever kind or nature soever. except the 19'!8 General Taxes
and subsequent years.
and the above bargained premises,in the quiet and peaceable possession of the mid parties of the second part,the
survivor of them,their assigns and the heirs and assigns of such survivor,against all and every person or persons
lawfully claiming[or to claim the whole or any part thereof,the said party of the first part shall mind will WARRANT
AND FOREVER DEFEND.
IN WITNESS\VEEREOF,The said party of the first part has caused lta corporate name to be hereuntq•gpk-.,
scribed by its Vice President and its corporate seal to be hereunto affixed,attested by Its ^,e o o.
I,.
Assistant Secretary,the day and year first above written.
Attest: GLENN JUS E NOR E COMPANSt.'•- i]qf %,.(r
..
Veronica Sipos Assistant s.aral.rr 0 G. PO , Vico P eidemt •— r r- l
By .!gT`swl.nl
STATE OF COLORADO, f"'
City County of Denver }°0.
The foregoing instrument was acknowledged before mo this 30th day of December
19 76 ,by JOHN G. POWELL as Vice President and
MONICA SIPOS as Ass't Seoretaly of
GUDIN"JUSTICE MORTGAGE COMPANY, INC. a corporation.
,' (I\;,A N ; My notarial ommiselon explres
�:,. s : Witnesa my hand and official seal.
11,0,--s--....,-
1 ;,QXi - y CD Sn \0 ; c:: My commission expires J ly 24, 1977
S•i r '[ .,,'
No.929. waRRANTy/ey,�::rir• reel.to Joint Tanenle—nredeord rubliudng Co.,181419 Stout Street.newsy Colorado
py esrv4
r I J 1. e .h
'tYi x Sa.o.'1V
c113L ,. ..c coil lorrocerd ow X11 I ,.I.o c.. 1 ..V_-O .I�(tr. u � �i?.�-N EV�IEIN fl tt&E ;',12.,
.
79 MAR 2 5 1977 .ga V
N 1'714660 /� �
/-1
Stilt's Bet Mule alit first day of January� ". to the eat of our Lord
one thomand nine hundred and seventy, enhusbi tPBepand LCN B. LAMB and LILLIAN I
whose street addmn ie 30523 County RA 023 . f
city or Town of Greeley ,and
of the County of Weld and State of Colorado,of the first part,and
yy ROBERT L. LAMB and EDDIE M. LAMB •
C) whose street address U 30525 County Rd. #23 ,City or Town of Greeley ,and
of the County of Weld and State of Colorado,of the second part;
.-a
jl7 1 Witnmeth,That the maid parties of the fist part.,for and in aomideratien of the gum of
Other valuable considerations and 'Pen and no/100 DOLLARS,
to the said part of the firs part la hand paid by the said parties of the second part,the receipt whereof is hereby eon-
1'f. convey
en a N' rm r gfanc q
41 L• mousy end confirm,unto Lhw',➢ta'pgTv r Lh dCCe d part,not 1 n ley 1 tibia 1 1 Ul '.)'.: i...4.:!..• ry
P them,their amigos and the helm and assigns of such survivor forever,all the following described lot or portal of land II
o situate,lying and being in the County of WELD and Stole of Colorado,to-wit:
0 The North Half N%) of the Southeast 0 ( quarter (sEg) and the South
Half (S1) of the Northeast Quarter (NE}4) of Section Thirty-five
(35), Township Six (6) North, Range Sixty-seven (67) West of the
6th P.M., and all that part of the North Half (Ny ) of the Southwest
N Quarter (SW34) of Section 36, Township 6 North, Range 67 West of the 6th P.M., lying West and South of Weld County Road #23 and North of
the Cache la Poudre River, excepting therefrom forty (40) acres as
described in instrument recorded in Book 786, under Reception No.
1707714 of the Weld County Records, together with twelve (12) shares
of the capital stock of the Whitney Irrigation Company, and all
other water, water rights, ditches, ditch rights and rights-of-way
j appurtenant thereto, excepting and reserving unto the Grantors
herein an undivided one-half (1/2) of all the oil, gas and other
minerals, including sand and gravel, lying in and under and that
may be produced therefrom, together with the right of ingress and
egress for .the purpose of exploring for and removing same;
*District, the Windsor Fire Protection District; the North Weld Counts
Water District. and the West Greeley Soi Conservation District to
all exist reads highways, ditches utcilttaes canals pipelines,
power, telephone or wat�err lines andrigntspooff wway and easemets thea—
! CO Together wIfh all an812 MI tithe hendl t mLk end a7 toan neea IheRlaTo bola 6log,ar en an8lsee appeHeining,
cod the reversion and reverslom,remainder and remainders,rents,lean and profits thereof;and all the estate,right,title,
Interest,alarm and demand whatsoever of tho said parties of the Suet pert,either in law or equity,of,In and to the above
bargained premises,with the hereditaments and appurtenance..
To ens sad to Hold the'aid promises above bargained and described,with the appurtenances,unto the said parties of
thousand pert,the survivor of them,their assign,and the bola sod saline of such survivor forever. And the said part i ea
of the first part,for themesi vas,their heirs,executers,end administrators,do covenant,grant,
bargain end agree to and with the said parties of Chosecond port,the survivor of tilers,their assigns and tho heirs and assiens
of such survivor,that at the time of the enauling and delivery of these presents, they are well asked of the promisee
i above conveyed,as of good sure perfect,obsolete and Indefeasible estate of inheritance In law,In foe simple,and hove
and right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that
4.410the earns are as and altar from all former and oti er gram bargains mks,liens,taxes,use manta nd 1 u brans of
whateverkMdornature ver ub'ect to the 1i@Q o¢¢ mortgage t; the QAe� rat
I p (- Land Bank of Wichita In the sum of g4`9,0OD 00 eeuted b the Grantets
hert.na to inclussiieson within the Nor h try} oil Colorado Water Conservancy e
l end e e ova lea Igo. re n l qy se end peaceable possession a s outlet,of a second a a sury ver f
them,their align and the Hein and slagging of such survivor,against all and every person or persona lawfully alehdng or
to claim DEFEND.e whole or any part thereof,the said put iea of the first part shall and will WARRANT AND ienY'ER
O O0J./
In Witness Whereof The aid part iesof the first part in ve hereunto eat their '.a;a hand S add Y
seal a the day and year firs above written. o;7�h n d J
Signed,Sealed and Delivered In the Presence of } ,-' '
L dmb ,,,',,,t�1 iii,
J ,: ;,19k'Au1,(
. r�: . s ........ .,
,-- .'<(.,..„,•:.,..n-. rtes..�..°
'ai4n . INnils--ii...[id �•• auld
STATE 07 OOLORADO, w e
u,
County of............WELD The foregoing Instrument was acknowledged
. before me this RJad day of......Hn.cli fp...7.7..,
and...wife
Witness my head and officiial oat
My commhafen expires M/f�CQM.�M.I9.NI.QN.F,XPIE9.AP..R..1,_19111 .
4C<yt:.:...... .�rocrrc.Notary Via."
339-P-REVICCo a-fa WARRANTY DEED TO JOINT TINANTS—Th.C.F.Hoechst Mach Boob Litho.Co..D.nr..,Cola
InAaarvufar__........_.—..._.....__....—_._.—_.. . .. .__.._._._.—......_...._._.._._._...__.....__._i..ing __.. _....
1un11'ax Nollma Nama Mailing Address
.t,..,. .uzb , R 's4s e;- rx4. r,r
d �-* Recorded 2°7° 'die,+ v MAR 251977
0 75 u' 8eeeption No 1114662 MARY,wr EssraN—Recorder.
ea
Remrdet.el.ma
THIS DEED, Made this /pa. day of March
.."--,. 1s 77 ,between ---GLENN JUSTICE---- 3.
Texas
p, of the County of Dallas ,State' .
of the first part,and -
--ROBERT L. IAMB and EDDIE M. LAMB, whose address
,o s 30525 County Road 23, Greeley, Colorado 80631,
.o of the - County of Weld and State of .
NColorado,of the second part,
r—
r-; .
WITNESSETH,That the said part y of the first part, for and in coneideratiod of the sum of
g --other good and valuable consideration and FIVE DOLLARS
a to the said part y of the first part in band paid by the said parties of the second part, the receipt
D. whereof is hereby confessed and acknowledged, has remised,released,sold,conveyed and quit
O
y ' t. -. cl;�.^1� - . r ._ .�.... y:rs, C..?q p .y. r, -.., •.� , -':.x 1 :i t_. .- -...::.:
3s+gg o the second part, their heirs and assigns forever, not is :tummy in common hut in joint tenancy, all the
right, title, interest, claim and demand which the mid party of the first part has in and to the
following described lot or pascal of land situate,lying and being in the
County of and State of Colorado,to wit:
n
V
The South One-Half of the Northeast Quarter and North One-Half of the
Southeast Quarter, Section Thirty-Five, Township 6 North, Range 67 West;and that portion of North One-Half, Southwest Quarter, Section
Thirty-Six, lying West of the County Road and North of the Poudre River;
the total acreage being 162 acres, more or less; County of Weld,
Colorado.
Also all water and ditch rights covered under the Option, including 12 shares
of the capital stock of Whitney Irrigation Company.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi-
leges thereinto belonging or in anywise therennto appertaining, and all the estate, right, title, interact,
and-claim whatsoever of the said party of the first part,either in law or equity, unto the said parties
of the ecwuu parr,their heirs and assigns forever,not in tenancy in common but in joint tenancy.
IN WITNESS WIH.REOF,The said part y of the ' ha s hereunto set his
hand and seal the day and year first above s-ri
—r
Signed,Sealed and Delivered in the presence of .....T_.._......__[SEAL]
G e ce)
...._-...[BEAL]
TEXAS
STATE OFjt
Isa
County of Dallas
The foregoing instrument was acknowledged before Inc this pia day of March ,
1977 -,by GLENN JUSTICE.
My commission a:pLe June 1, 1977•
T1ff��Bmy head and official seal.
//,lam , ,,. ... . .
1'e ._::{j1?3- . %a Wotan r w.
i.
La•i%er
}Io..6aQarnittcWrr nsm.—xo sirs r..,.s-s..er..e r.uu*w 00.1114-44.,.:..,.ter.Disarm,mo..e�sea
N
Sap MAR 25 'Mr
om
O e7'93 Recorded et odors 03
t.: gammon In_ 1'714663 V woes J.t arm - order.
1 n...,b.e.Stamp
THIS DEW, Made this ?Pt` day of March , ,
1977 ,between ---W. DEAN GOODMAN---
•
rn o2 the City and County of- Denver , ,State of
Colorado,of the Sinatyart,and
en • —ROBERT L. LAME and EDDIE M. LAMB, whose address
s 30525 County Road 23, Greeley, Colorado 80631,
of the County of Weld and State of •
t�
Colorado,of the second part;
ti
WITNESBETH,That the said part y of the Lint part, for and in consideration of the sum of
.p to the said party of the first part in band paid by the said parties of the second part, the receipt
.s whereof la hereby confined and acknowledged, ha S remind,released,sold, conveyed end quit
o claimed,and by thc__re pr.:eats dons remise., aaw„L..li t ,..:; won '. '-'.�i�.v_� �'r•'!!u4.. ,�_.,i .
_
b
the aecond.part,their heirs and assigns forever, not in tenancy in common but to joint tenancy, all the
right, title, interest,claim and demand which the said part y of the first part ha s in and to the
following described lot or parcel of land situate,lying and being in the
M County of and State of Colorado,to wit:
The South One-Half of the Northeast Quarter and North One-Half of the
Southeast Quarter, Section Thirty-Five, Township 6 North, Range 67 West;
and that portion of North One-Half, Southwest Quarter, Section
Thirty-Six, lying West of the County Road and North of the Poudre River;
- the total acreage being 162-acres, more or less; County.of Weld,
Colorado.
Mao all water and ditch rights covered under the Option, including 12 shares
of the capital stock of Whitney Irrigation Company.
•
_TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi-
leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest,
and claim whatsoever of the said party of the first part, either in law or equity,unto the said parties
of the second part,their heirs end assigns forever,tut in tenancy in common but in joint tenancy,
IN WITNESS WHEREOF,The said part y of the first part ha s hereunto set his
hand and seal the day and year first abovewritttten.
Signed,Sealed and Delivered in the presence of _!ir/ .. �� .l !?-_ [SEAL]
(W C, Dean oddmin,
•
_- _.[SEAL]
STATE OF COLORADO,
City andCoanty of Denver -
isa-
Thlegoregplag.instrnment was acknowledged before me this' 14th day of March
1977-Valfy e„AN GOODMAN.
sigma November 22, 1980.
S . • % Tis&end official seal. -
n-
9 :.:<....... :?' ( „ wwn emu..
Op c04,
',��. Nsee2.QUIT CLAD nalm..r.1.1.1 Tau4—enena runes.,manna LFr 06M D.,n.cokao,—to-n
nr.t.:, t:§1xt"ply'_tat=SM tell sa��^4 C�"w.st _tGELeti . -SeS. ....-- _II, r.
F O p 0 ' loofa 193 Recorded -2 o'cloek1—M. MAR 7,5 1977
1114664
N .NeFSPdoo No..._.. uapv AWLS tFp STFIN_Reaordm.
Recorder's Stamp
Tins DEED, Made this /Y//{ day of March ,
19 77 ,between --JACK SUNDHEIM--
o• of the County of Arapahoe , ,State of
Colorado of the flat part.and
- --ROBERT I,„ LAMB and EDDIE M. LAMB, whose address
s 30525 County Road 23, Greeley, Colorado 80631,
. of the County of Weld and State of
wi Colorado,of the second part:
r--
.-t
WITNESSETH,That the said part y of the fiat part, for and in consideration of the sum of
o '
a, to the said pan y of the lire:part in hand paid Li the said parties ef the second part, the receipt
,t II whereof is hereby confessed and acknowledged, he s remised,released,sold,convoyed aid quit
o ' t'iaffiad,'u.:J L)Lieue-r.2Na,a tots r:min,rn.,. ,sell,t-unvcy and quit claim unto the said pectins of
o the second part, their heirs and assigns forever, not in tenancy in common but In joint tenancy, all the
right, title, interest,claim and demand which the said party of the flint part be s in and to the
following described lot - or pared of land situate,lying and being in the
pa
County of and Stale of Gatorade,to grit:
t tea
iThe South One-Half of the Northeast Quarter and North One-Half of the
Southeast Quarter, Section Thirty-Five, Township 6 North, Range 67 West;
and that portion of North One-Half, Southwest Quarter, Section
Thirty-Six, lying West of the County Road and North of the Poudre River;
the total acreage being 162 acres, more or less; County of Weld,
Colorado.
Also all water and ditch rights covered under the Option, including 12 shares
of the capital stock of Whitney Irrigation Company.
•
To RAVE AND TO HOLD the same,together with all and singular the appurtenances and privi-
legal therannta belonging or in anywise thereunto appertaining, and all the estate, right, title, interest,
and claim whatsoever of the said party of the first part,either in law or equity,unto the said parties
of the second part,their heirs end assigns forever,not in tenancy in common but In joint tenancy.
IN WITNESS WHEBEOF,The laid party of the ha S h inn et his /.
hand and seal the day and year first above writtfn.
/
Signed,Sealed and Delivered in the presence of - BAIa]
..-- .:.... �'gck ItI hem .w._._.--.,_(E
_,_ rc-:+rp
(SEAL]
STATE OF COLORADO, 1
sa.County of Arapahoe Jl
The foregoing instrument was acknowledged before me thin /J/`� day of March ,
19 77 ,by • JACK SUNDHEIM. -
My commission expires areLo._6aa, /_,? /979 •......
.•'d15.:.PAT
WITNESS my hand and official seal +'r,~;•. ..
o d ry
:.r-- u y': r.wa•No.Hi purr cans ban—v.J.n,Ts a—BNrse AMA's,ns.Lew sou sew-be.w.Gavw-:4n'
1 .
1 .I1. ,-<Yt, y7: ,5
e�Ck 212 t .sun.__ YY+C i c
Yy ^ PI
�° MAR %51977
c ecc)o •"t� Reeordd.t_u ----°'dneLtL_M.._ -•---_'.-----'_ .
Be epdon No.___ .t 4665 li ARN FEg ri311 t�
N y�—__......__._.__1!V:� Recorder.
Recerder'e Stamp
-� '1i.9 DEED. blade this /'c/14 day of March s, ,
10 77 ,between --ROGER GUMP--
1
c. of the County of Arapahoe ,Stale of
Colorado,of the first pert,and I
um --ROBERT L. LAMB and EDDIE M. LAMB, whose address
;o a 30525 County Road 23, Creeley, Colorado 60631,
a of the County of Weld and State of
t-t. Colorado,of the second part: II
WITN SRETA,That the said port y. of the first tart, (or and in consideration of the sum of n
N --other good and valuable consideration and FIVE DOLLARS I I
o to the said part y of the first part in hand paid by the said parties of the second part, the receipt ill whereof is hereby aaniened and acsauwiedged, has remised,released,said,coavcycu-Cdti 7"—o claimed,and by these precants does remise,release,sell,convey and guit claim unto Ilw said parties of l I
o the second part, their heirs and assigns forever,not in tenancy In common but in joint tenancy, all the
right, title,interest,claim and demand which the said party of the first part he S in and to the II
following described lot or parcel of land situate,lying and being In the
County of and State of Colorado,to nit:
NI•
The South One-Half of the Northeast Quarter and North One-Half of the j
Southeast Quarter, Section Thirty'Flve, Township 6 North, Range 67 West;
and that portion of North One-Half, Southwest Quarter, Section •I
Thirty-Six, lying West of the County Road and North of the Poudre River;
the total acreage being 162 acres, more or less; County of Weld,
Colorado.. i,I
Also all water and ditch rights covered under the Option, including 12 shares
of the capital stock of Whitney Irrigation Company. II
i
TO HAVE AND TO HOLD the name, together with all and singular the appurtenances and priri-
leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, II and claim whatsoever of the said party of the tint part, either ht law or equity, unto the said parties
of the second part,their heir and assigns forever,not in tenancy in common but in joint tenancy. ii
I
IN WITNESS WHEREOF,The said part y of the first p s her o set his
hand and seal the day and year that above written.
Signed, Sealed and Delivered in the presence of „ .... .0-qv .c4G..asr 2.=^�SSEAL]
llRu-oar amp)
...__..____........... ..._......_.._[SEAL) -'
I
____.____.__...__._._.._..—._._._......._...[SEAL] I
_-- STATE OP COLORADO,
City and County of /VOAfaPaloe
The foregoing instrument was acknowledged before me this 14th day of March ,
1977,,,.nht'j QGER GUMP.
*f
{•, Lt`'ti,'�' erpim April 30, 1977
IO
y a
. ._ .# {8��d_tp band and official seal.
7s..;,;•;,;... Cc
,.. n`
Me.Hi nun CLanr os®rre hint Tn,n4.—anM art P.WYW^a N.mw Worn sa.,,.ncc,aoianse—late
a
aided at ,/ v_3 JAN 2 5 798Q '
893 1_ County1.573
WARRANTY DEED sane et Colorado, Weld County Clark & Raarder
�� KNOW ALL MEN BY THESE PRESENTS, that ROBERT L. LAMB ,
and EDDIE M. LAMB, of the County of Weld, and State of Colorado,
for the consideration of other good and valuable consideration •
and TEN DOLLARS in hand paid, hereby sell and convey to JAMES A.
GILBERT, dba WEST WELD AG INVESTORS, 26130 Weld County Road #76,
of the County of Weld and State of Colorado, the following real
0 fr-
property, situate in the County of Weld and State of Colorado,
to-wit:
0 7''
A tract of land located in part of the S1 NE1 of
Section 35, Township 6 North, Range 67 West of the
6th P.M., Weld County, Colorado, being more parti-
cularly described as follows: v- -
Beginning at the E: corner of said Section 35 and
considering the East line of said NEk as bearing
North 00°33'22" West, with all other bearings con-
tained herein relative thereto; ��;
Thence North 00°33'20" West, 230.00 feet to the True
Point of Beginning; -
Thence North 00°33'20" West, 133.00 feet; _ .,-
Thence South 89°32'55" West, 330.00 feet;
Thence South 00°33'20" East, 133.00 feet;
Thence North 89°32'55" East, 330.00 feet to the True
Point of Beginning.
with all its appurtenances, and warrant the title to the same,
subject to the 1980 real property taxes, financing statement
giving notice of a security agreement with the Commodity Credit d
Corporation, secured party, filed September 1, 1978, under Recep-
tion No. 0133811, which security interest and liability secured h.
thereby Grantee assumes and agrees to pay, mortgage to the Federal
Land Bank Association of Wichita, securing a Promissory Note in
the original principal sum of $49,000.00, recorded in Book 788,
Reception No. 1709716, which note Grantee assumes and agrees to
pay, a Deed of Trust securing a Promissory Note to The Farmers
Home Administration in the original principal sum of $26,650.00,
recorded in Book 802, Reception No. 1724132 which note Grantee
"^ assumes and agrees to pay, Deed-of Trust securing a Promissory
Note to the Farmers Home Administration in the original principal
sum of $43,970.00, recorded in Book 866, Reception No. 1788276,
which promissory note Grantee assumes and agrees to pay, rights •
of way for public roads, water pipeline easement to the City of CI
Greeley, recorded in Book 938, Page 597, mineral reservation in
patent recorded in Book 1081, Page 168, mineral reservation of
Allen B. Lamb and Lillian I. Lamb, recorded in Book 793, Reception
No. 1714660 and easements and rights of way established by use. )
All recording data refers to Weld County, Colorado, records. i~i
\
Signed and delivered this 24th day of January, 1980. t'
V !r
State Documentary Fee • -•
Pm
4.1AN 2 b NtiO 1,,, k- L L -40
? C_C ROBERT L. LAMB
1.06tka., 111 d45.gvtIr _,
EDDIE M. LAMB f',
i`
STATE OF COLORADO )
ss.
COUNTY OF WELD ) ,1
c'•/' •t- ''.,.The foregoing instrument was acknowledged before me , ;
±'this 240i''..day of January, 1980, by Robert L. Lamb and Eddie M. ;)y
i1/43346A R Y
e .
fitness my hand and official seal.
T '
-.. 14y Commia$ion Expires: �'''
May—It', 1983 Notary Public �≥
Iti
vuk t+�f.s. +r,� t�s< ;1A'fir•' ,,a'f:�, Book 893 far--- .,.'AAN 25
R.ceNed of. I k
.1,01:::,-- h11 'a+ s" t r� x1 +. ` Ys µ:,, 191$37 _ ti �_aw
—, /I KZL_.
Soar of Colorado, Wald C°amr Clerk Cr Record,,
-- -
) "IL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, that ROBERT L. LAMB
I and EDDIE M. LAMB, of the County of Weld, and State of Colorado,
I for the consideration of other good and valuable consideration
• and TEN DOLLARS in hand paid, hereby sell and convey to JAMES A.
c.. GILBERT, dba WEST WELD AG INVESTORS, 26130 Weld County Road #76,
t of the County of Weld and State of Colorado, the following real
` property, situate in the County of Weld and State of Colorado,
to-wit: e4
o The North Half (Nk) of the Southeast Quarter (SEk)
and the South Half (Sh) of the Northeast Quarter
(NEk) of Section Thirty-five (35), Township Six (6)
0 North, Range Sixty-seven (67) West of the 6th P.M.,
k., and all that part of the North Half (Nk) of the South- .
to west Quarter (SW1) of Section 36, Township 6 North,
•-+ Range 67 West of the 6th P.M., lying West and South ,
of Weld County Road #23 and North of the Cache la
-_ _ Poudre River, County of Weld, State of Colorado.
Stole Documentary Fee EXCEPTING HOWEVER, a tract of land located in part
JAN 2 5 1980 of the S� NEk of Section 35, Township 6 North, Range 67
Da1e- q - West of the 6th P.M., Weld County, Colorado, being more
$._. ..__..la.V-,---_— particularly described as follows:
I
Beginning at the Ell corner of said Section 35 and
considering the East line of said NEk as bearing
North 00°33'22" West, with all other bearings con-
tained herein relative thereto;
Thence North 00°33'20" West, 230.00 feet to the True
Point of Beginning; -
Thence North 00°33'20" West, 133.00 feet; r.
Thence South 89°32'55" West, 330.00 `feet; --
Thence South 00°33'20" East, 133.00 feet;
Thence North 99°32'55" East, 330.00 feet to the True •
,rte, AEG Point of Beginning.
A
li �S•D. with all its appurtenances, and warrant the title to the same,
subject to the 1980 real property taxes, financing statement
giving notice of a security agreement with the Commodity Credit 1`
ec o Corporation, secured party, filed September 1, 1978, under Recep- r; .
e" tion No. U133811, which security interest and liability secured
.9 thereby Grantee assumes and agrees to pay, mortgage to the Federal A�g
Land Bank Association of Wichita, securing a Promissory Note in \
the original principal sum of $49,000.00, recorded in Book 788,
'a „ Reception No. 1709716, which note Grantee assumes and agrees to f
pay, a Deed of Trust securing a Promissory Note to The Farmers
Home Administration in the original principal sum of $26,650.00,
t recorded in Book 802, Reception No. 1724132 which note Grantee
4 assumes and agrees to pay, Deed of Trust securing a Promissory
d Note to the Farmers Home Administration in the original principal
sum of $43,970.00, recorded in Book 866, Reception No. 1788276,
:p which promissory note Grantee assumes and agrees to pay, rights
of way for public roads, water pipeline easement to the City of
Greeley, recorded in Book 938, Page 597, mineral reservation in
Vn patent recorded in Book 1081, Page 168, mineral reservation of +
Allen B. Lamb and Lillian I. Lamb, recorded in Book 793, Reception {?.
No. 1714660 and easements and rights of way established by use.
All recording data refers to Weld County, Colorado, records. ('
Signed and delivered this 24th day of January, 1980. 'ti
L. b
ROBERT L. LAMB ' t
C 01 ` -0._4e-t —
EDDIE M. LAMB
k
F
P
'893 1815373 ^`
;_a
STATE OF COLORADO )
) sa.
COUNTY OF WELD
The foregoing instrument was acknowledged before me
this 24th day of January, 1980, by Robert L. Lamb and Eddie M.
Lamb.
Witness my hand and official seal.
i'•4)' .. . FUG'+
O l
', ,;p0TAny,
_
Notary Public
LOmMzea,ion Expires: May 15, 1983.
_2_ l
G .n ° uE- ^ R 1B153'Y3 `hl ^r N� 5^
/-/ 198'o. Ut 2c
.—._..Slfgl3r_S,dorodo, Weld County Clerk Cr Recorder
WARRANTY DEED
,•••"",
KNOW ALL MEN BY THESE PRESENTS, that JAMES A. GILBERT,
dba WEST WELD AG INVESTORS, 26130 Weld County Road $76, of the
County of Weld and State of Colorado, for the consideration of
other good and valuable consideration and TEN DOLLARS in hand oaid,
hereby sell and convey to WEST WELD AG, INVESTORS, a Colorado
Joint Venture
the following real property, situate in the County of Weld anc
State of Colorado, to-wit:
A tract of land located in part of the S1/214E4 of ,,,
Section 35, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, being more parti-
cularly described as follows:
Beginning at the Eh corner of said Section 35 and
considering the East line of said NE4 as bearing
North 00°33'20" West, with all other bearings con-
tained herein relative thereto;
". Thence North 00°33'20" West, 230.00 feet to the True
Point of Beginning;
Thence North 00°33'20" West, 133.00 feet; _
Thence South 89°32'35" West, 330.00 feet;
Thence South 00°33'20" East. 133.00 feet;
Thence North 89°32'55' East, 330.00 feet to the True 4
Point of Beginning. --
with all its appurtenances, and warrant the title to the same, :,
subject to the 1980 real property taxes, financing statement
giving notice of a security agreement with the Commodity Credit `
Corporation, secured party, filed September 1, 1978, under Recep- r',
- tion No. U133811, which security interest and liability secured
thereby Grantee assumes and agrees to pay, mortgage to the Federal
Land Bank Association of Wichita, securing a Promissory Note in
the original principal sum of $49,000.00, recorded in Book 788,
,...0-- Reception No. 1709716, which note Grantee assumes and agrees to n -
pay, a Deed of Trust securing a Promissory Note to The earners
Home Administration in the original principal sum o£ $26,650.00,
recorded in Book 802, Reception No. 1724132 which note Grantee
assumes and agrees to pay, Deed of Trust securing a Promissory
Note to the Farmers Home Administration in the original principal
sum of $43,970.00, recorded in Book 866, Reception No. 1788276,
which promissory note Grantee assumes and agrees to pay, rights of way for public roads, water pipeline easement to the City of
Greeley, recorded in Book 938, Page 597, mineral reservation in
patent recorded in Book 1081, Page 168, mineral reservation of
Allen B. Lamb and Lillian I. Lamb, recorded in Book 793, Reception
No. 1714660 and easements and rights of way established by use.
All recording data refers to Weld County, Colorado, records.
Signed and delivered this 24th day of January, 1980.
3 S A. GILBERT, dba WEST WELD AG
ESTORS
f,
STATE OF COLORADO ) ,`:S
es. j5-
COUNTY OF WELD )
The foregoing instrument was acknowledged before me !'�y
this 24th day of January, 1980, by James A. Gilbert, dba West h..e
Weld Ag Investors.
Witness my hand and official seal. Id
\\aTARr ` a / /
-0-o-4 ormni ssion Expires: /, Mei., e, Kg
�'V QL �: Notary PUb c f
r r W.
�'r orMarch 19, 1983 g441t,,
*893 vs JAN 2 5 IMO
bf0titudaki.tiri .:`CtAe
Rec.N°..._._...2—)• Stole of Colorado, We:d Co"my Clerk Co Recorder
�-.. WARRANTY DEED
KNOW ALL MEN HY THESE PRESENTS, that JAMES A. GILBERT,
dba WEST WELD AG INVESTORS, 26130 Weld County Road #76, of the
County of Weld and State of Colorado, for the consideration of other ood and TEN DOLLARS in had herebygsellandv convey aluableto n WEST rWELD nAG. INVESTORS, a Coloradopa id,
Joint Venture
the following real property, situate in the County of Weld and
State of Colorado, to-wit:
The North Half (N1) of the Southeast Quarter (SE:)
and the South Half (Sy) of the Northeast Quarter
(NE4) of Section Thirty-five(35) , Township Six (6)
North, Range Sixty-seven (67) West of the 6th Y.M.,
and all that part of the North Half (N1) of the South-
west Quarter (5W1) of Section 36, Township 6 North,
Range 67 West of the 6th P.M., lying West and South
of Weld County Road #23 and North of the Cache la
Poudre River, County of weld, State of Colorado.
EXCEPTING HOWEVER, a tra.:t of land located in part
of the S$NE$ of Sectione35 Count 35, y,
p 6 North,O6ONortO bRange 67
m67e
West of the 6th P.M. ,
particularly described as follows:
Beginning at the Eh corner of said Section 35 and
considering the East line of said NE: as bearing
North 00°33'22" West, with all other bearings con-
tained herein relative thereto;
Thence North 00°33'20" West, 230.00 feet to the True
Point of Beginning;
Thence North 00°33'20" West, 133.00 feet;
Thence South 89°32'55" West, 330.00 feet;
Thence South 00°33'20" East, 133.00 feet;
Thence North 89°32'55" East, 330.00 feet to the True
Point of Beginning.
with all its appurtenances, and warrant the title to the same, C�
subject to the 1980 real property taxes, financing statement
giving notice of a security agreement with the Commodity Credit
Corporation, secured party, filed September 1, 1978, under Recen-
tion No. U133811, which security interest and liability secured
thereby Grantee assumes and agrees to pay, mortgage to the Federal
Land Bank Association of Wichita, securing a Promissory Note in
the original principal sum of $49,000.00, recorded in Book 788,
Reception No. 1709716, which note Grantee assumes and agrees to
pay, a Deed of Trust securing a Promissory Note to The Farmers
Home Administration in the original principal sum of $26,650.00,
recorded in Book 802, Reception No. 1724132 which note Grantee
assumes and agrees to pay, Deed of Trust securing a Promissory
Note to the Farmers Home Administration in the original principal
sum of $43,970.00, recorded in Book 866, Reception No. 1788276,
which promissory note Grantee assumes and agrees to pay, rights
of way for public roads,water pipeline easement to the City of
Greeley, recorded in Book 938, Page 597, mineral reservation in
patent recorded in Book 1031, Page 168, mineral reservation of
Allen B. Lamb and Lillian I. Lamb, recorded in Book 793, Reception
No. 1714660 and easements and rights of way established by use.
All recording data refers to Wel( County, Colorado, records.
Signed and delivered this 24th day of January, 1980.
S A. GILBERT oa WEST WELD
INVESTORS
1815375
00 893 a a2
.ea. STATE OF COLORADO )
as.
COUNTY OF WELD
The foregoing instrument was acknowledged before me
this 24th day of January, 1980, by James A. Gilbert dt, Vest
Weld 11771rtrueetors
Witness my hand and official seal.
Aotary Iub4c /
My Commission Expires: March 19, 1983
\\O-GARY'
t
Ns '°U[h.\C
of Co'
-2
�( r /�
i d'•935 Recorded at • ` 39 • mek '?It. MAY
MAY 1 11981 Wdd aunty, Colorado 5`..r
a �L .LR Reception No. ZHS74.r19 LYJO� ;It a.Reca_dec —
THI>YUEED.Mad*this 14th day of April 18 81 ,
between JASPER FREESE Stole Documentary Fee ;�-,
Date MAY 1 11981 _._
o T—�''5'
Countyof Weld and State or Colorado,of of the first part,and $—�_7� .—.
WEST WELD AG. INVESTORS, a Colorado Joint Venture, i.,ae' wholegadd Colorado,
l• P.O. Box 95, Eaton,
*row County of Weld and ante of 0
' I Colorado,of the second part:
':I W'ITNESSETH.That the said party of the first part,for and in consideration of other good and valuable n
___ _—___ DOLLARS
consideration and TEN ____
Ik , to tn..aia part y y of the first part in hand paid by said part y of the second part,the receipt whereof is ie,
- I herebyconfessed and acknowledged,ha granted.bargaissa d,sold and conveyed,and by these presents do es t-
-' grant,bargain,sell,comer and confirm, unto the said pert y of the second part, its heirs and assigns for N
v r,all the following described lot or parcel of land,situate,lying and being in the
D County of Weld and State of Colorado,to wit:
The North One-Hall (NI/2) of the Southeast Quarter (SEA) and the South
▪ One-Half (51/2) of the Northeast Quarter (NE114) of Section Thirty-five (35),
.t• I,' Township Six (6) North. Range Sixty-seven (67) West of the 6th P.M.; and
- all that part of the North Ono half' (N12) of the Southwest Quarter (SWl/4)
II of Section Thirty-six (36), Township Six (6) North, Range Sixty-seven (67) —
I West of the 8th P.M., lying West and South of the Weld County Road and
North of the Cache La Poudre River, together with Twelve (12) shares of
capital stock of. the Whitney Irrigation Company, and all other water rights,
water, ditches, ditch rights, and right-of-ways appurtenant thereto.
ale,known as street and number
TOGETHER with all and singular the hereditament'and appurtenances thereto belonging,or in anywise apper '
taming,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the
estate.right,title,interest,claim and demand whatsoever of the said part y of the first part,either in law or
'�
,, equity,of.in and to the above bargained premises.with the hereditament.and appurtenances.
TO HAVE AND TO HOLD the said promisee above bargained and described with the appurtenancew unto the
said part y of the second part, its heirs and assigns forever.And the said part y of the first part,
III for hin)al 1, hisheirs,executors.and administrator.,do es covenant,grant,bargain,and agree to and
II with the said party of the second part. Its hem and assigns,that at the time of the annealing and delivery
der II of these presents, he is well seized of the premises above conveyed,as of good,sure.perfect.absolute and
indefeasible estate of inheritance:in law.in fee simple.and ha s good right,full power and authority
IlC to grant,bargain,sell and convey the came in manner and form as aforesaid,and that the same are free and clear
II from all former and other grants.bargains,sales,liens,taxes,assessments and encumbrances of whatever kind of
nature aoeverr, subject to all easements and rights of way of whatever character of record
l l or now existing on said premises be that for ditches, canals, pipelines, reservoirs,
h.1 railroads, roads, telephone lines, utilitites, power lines, or any other purpose, and all
mineral, oil, gas, and coal reservations, leases, and assignments of record, and subject
to
taxes,9payable c. No 821815376sequent y, Weld County,and a ad of Colorado t recorded
records;
h
and the above be rgained premises in the quiet and peaceable possession of the'aid party of second part.
II its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part
thereof,the said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
:I IN WITNESS WHEREOF,the said part y of the first part ha 5 hereunto set his hand
and seal the day and year first abort written.
�.�. �. ISEAl.:
—.- a car Freese
ISEALI
•
___ ISEALI
STATE OF COLORADO. 1n
County or Weld
Thtforegoing instrument was acknowledged before me this 14th day.f April,
19.6Y;t•b4' ^Jasper Freese.
'ff;;�mm..iorterbire ,Iy / S .1e."7 R1 .Witness my hand d of' lel neal.
I
e:•13U BLit '
e,
N.en WARRANTY er'.m.—r.ranoe,.H a,.we—. Ire enelaa M1U.ti,e C'.1 544 5.0, '.Da.+.C.In,deoriY,ill 5,75
ri R188Ob86
0 0959 REC 0180068 '71/21/132 16:37 :86.00 1/002 /\
MARY ANN FE:UERSTEI CLERK & RECORDER, WELD COUNTY, CO
THIS DEED Made this 9th day of January , 1982,
batten
, WEST WELD'AG. INVESTORS, A COLORADO JOINT
VENTURE,
Ilj
of the County of
Weld and State of Colorado, Saxe Documentary Fee
yppl(l�s`�irSc pert ai�dd�����ROREHT E. EHRLICH, RONALD O. Dot. ,..aIAN..211 •
282
on 1thrd and undivided
EHest, respectively,ell ilylduals with a _.3.. . ._
one-third undivided interest, $
whose l ol address
P,O. Box 60, Milliken, Colorado, 80543,
of the County of Weld and State of Colorado of the second pan:
W ITNESSETH,That the said part y of the first pan.hir and in consideration of the sum offOLLAR other
good and valuable consideration and TEN —
j' to the said part y of the first part in hand paid by the said pan ies of the second pan.the receipt whereof is
hereby confessed and acknowledged.ha 5 granted,bargained,sold and conveyed,and by these presents does",
grant,bargain,sell,convey and confirm,unto the said part ies of the second part, their
heirs and assigns forever,all the following described lot or parcel of land,situate.lying and being in the
County of Weld and State of Colorado.to wit:
Lot B, Recorded Exemption No. 0805-35-1-RE 475, and
Lot B, Recorded Exemption No. 0807-4-35-P,E 476, being a part of the East
Half (E1/2) of Section Thirty-five (35), Township Six (6) North, Range Sixty-
seven (67) West of the fith P.M., and part of the Southwest Quarter (SW114)
'I'. of Section Thirty-six (36), Township Six (6) North, Range Sixty-seven (67)
West of the 6th P.M., Weld County, Colorado, as per maps recorded January 21,
1961, in Book 025 as reception Nos. 184747U and 1847472.
V71
Nil And the following water rights:
Pip
Twelve (12) shares of the capital stock of 'the Whitney Irrigation Company.
r\7 And specifically reserving unto the said West Weld Ag. Investors, a Colorado
Joint Venture, all oil, gas, hydrocarbon and other minerals of any type (except
III gravel) including the rights of ingress and egress for exploration, development
and production.
' 1
.�i
•
LI
also known as street and number
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise Itl
appertaining,and the reversion and reversions,remainder and remainders.rents.issues and profits thereof;and alt
II the estate,right,title,interest,claim and demand whatsoever of the said part y of the first part,either in law
or equity,of,in and to the above bargained premises,with the hercditaments and appurtenances. •
No.63.WARRANTY DEED—For Photographic Record.—Bradford Publshing Co..Is2646 Stout Street Denver.Colorado —,wD
/ANNA
9 0959 REC 011300660 !1/0'2 16:37 $6.00 2/002
MARY ANN FEUERETE:f.N, L_,LRK A RECORDER, WELD COUNTY, CO
TO HAVE AND TO HOLD the said premises above bargained and described,with the appartanancee,nato the
^^ said part Ica of the second part, their heirs and assigns forever.And the mid part y of the first part,
for itself, its heirs,executor.,and edminiatretora,do es covenant,grant,bargain and agree to and with
the said parties of the second part,their hairs and enigma,that at the time of the mending and delivery of
these presents it is well seised of the premien above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance,in law,in fee simple,and ha 5 good right,full power and lawful authority to
grant, bargain, sell and convey the same hi manner and form as afereeaid, and that the same re free and
clear from all former and other grant.,bargains.galas,liens, taws. assessments and encumbrances of whatever
hind or nature sever,subject to all easements and rights of way of whatever cuaracter
of record or now existing on said premises be that for ditches, canals, pieplines,
reservoirs, railroads, roads, telephone lines, utilities, power lines, or any other purpose,
and all mineral, oil, gas and coal reservations, leases, and assignments of record,
and subject to 1982 taxes payable in 1983 and subsequent years, and subject to a
deed of trust in favor of The Travelers Insurance Company, dated January 24, 1980,
and recorded in Book 893, Reception No. 1815376, of the Weld County Records;
and the above bargained premise.In the quiet and peaceable possession of the said part ies of the second part,
their heirs and assigns agninst all red evny person or persons lawfully claiming or to claim the whole or any
part thereof,the said party of the first part shall and sill WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,the aid part y of the first part ha S hereunto set its haw!
and seal the day and year first above..Titten. WEST WELD AG. INVESTORS, A Colorado
Joint Venture, by:
x Aty nw'4ligdii%.nflXM ilailiZx __$SEAL]
�� ... - c .C _..totatAL1
ary . ae o ve toter �mp/,/ Ei. C sstiact /)� lours venturer
mss Gilbert, joint venturer lc a6d i,. pis, ]pant venturer ..}�
-I.:12 U 4 an---1 ran
STATE OF COLORADO,
� I
Gwent wa keld
nowl
The foregoing e Weld wee t Ab Coore lorado
8th day of January
19 82 West c Investors, i Colorado Joint C.Venture,Fl , James E. Christiansen,
joint venturer, Richard L.Iiochis, joint venturer,*Gary C. Flack, joint venturer, and
James.A. Gilbert, joint venturer. Witness my hand andofficialseal.
e► - it OTii/' ` ..lt. t •
.AX �-=i !...1.11.).,n
, .._. _._.
lY, q'mfiission Expires: "'rub""
A fr/ e.3/--1,11
*di/ Gary Flack, attorney-in-fact
lc,:
Sri
1I, I
ti,
E q,
III I I :, a 3 �I �;
'a
UJ
la Il �.
i Q , l �iI p T ` A I,I U'
j A .9 a c II \ .' �i
Of
z Q j ! st .t e - IIP it I $ Ill s 3 g-;�k.
_ e e
I I s w m III YC
AR18b1339 1 R 0959 REG 01 881: 01/28/02 15:44 93,00 7/E)Oi
MARY ANN EF.UIE:R.S"I'12...., C1L.ERR A RECORDER, WELD COUNTY, (;0
II THI9 DEED.Made thl• ---
28th day of---January 1982 ,
il
• between OTTO EHRLICH
State Documentarypt�Fee....
'
.I
of the Dote 1.p
^` Countyof Weld and State effnler.de.oft Cn first part.and P. K ..'
ROBERT C. eA10ELL i S .11.19
whom'lewladd re„la Suite 1041, Three Park Central, Denver.'.
;! of the City and Corponf Denver and Staten!
ll Colorado.ofthesecond part:
WITNESSETH.Tint thennid port y of the f r,t port.for and In conenlerat:.moi other good and valuable
I consideration and Ten and no/I00 9OLLARs
to the said party or the.riot pert in hand„aid by.nid.perry ..f the,.erucd a .:he re eip:whereof;+
Ii hereby confessed and acknowledged.has ,crap e!.hi.real ned,gold a..I con veyed,ens'by:u,,,prtxtntn do es
II grant, berg•in,sell. convey and confirm.u.a te ea..l pan Y .the . t ,arts his he,r•anti :seen:for
II everall the following dosrribed lot .rpeeCe I ;d iens; situalt lying ant!do.rg All he
llCountynf Weld apdsta t.,do;iara.la.u,an: My undivided one-third interest in and
to the following: Lot e, Recorded Exemption No. 0805-35-1-RE 475, and Lot B,
Ill Recorded Exemption No. 0807-4-35-RE 476, being part of the East Half (E4) of
I Section Thirty-five (35), Township Six (6) North, Range Sixty-seven (67), West of
IIthe
the 6th Y.M., and part of the Shei of Section Thirty-six (36), Township Six (6)
North, Range Sixty-seven (67). West of the 6th P.M., Weld County, Colorado, as
I per maps recorded January 21, 1981, in Book 925 as Reception Nos. 1847470 and
r 1847472. -.
71i
� IXYaucee zdNMiflD auaue
TOGETHER vise,all and nneull,e the he iwd,bm,ort.and a u. .non..ILlb•n.•.,h.lnr.g.ng.or v. nc ry r
g.and end 1 rem:.i rt.i...-,rents ,. p..and profit.tnereof.end:4'J Ent
'CI estate.net.ttl nt nterr .clam n;., lle,and h u , .ti .. 1+ - t ,.1„At Pee.etherr .an"or
equity.of,ill and to the:monrhsnga n.1I n .. ..r l I,e all u,.....
TO HAVE AND TO HOLD;ht.ea.,premise,',P.' PIA. ..11..11 owl I..rr.a.. .a.., , apps le noes', .rat..the
jl said party of the ter.: part, his he l a. . ,. .And ;he gt,.1 past Y pre. Rae.
for himself,his heir,. t ., , l es es than".g a :..i
i.� with t he Feld parry si toe svcond part his I' 1 -the tri,..d.r.g„n.l.le!'verY
I oft1 presents. he is
',I ndere euht corn Ler .ne, nl, 1 „1._ -
I to grant.bargain. lI end 1 I -. a.
from all farmer a other a A.,'v ad. I whatever C.nn...
��I nature newer. subject to Deeds of Trust for\the benefit ,of Travelers Insurance
i Company and Dean H. Avers, and grantee assumes and agrees to pay all obligations
ii of grantor thereof according to the tenor thereof;
11
li ndtheeh, ' I g ' Ip 1 t It ghl I^ 1'. 1 1 J art.
e his heirs'Mil.e ,-eweg <t all.•d„very eves, 'It vt Iv,i.! fr,,iantI it holes y part
1. thereaLenn thid pan y .tithe lint pap t+halla•..Io'IIIPARY ANT AND FOREVER DEFEND.
IN WITNESS WHEREOF.;I.v.aid pure Y af Olt'rnxt part HP a.1e m.ethls .and
II and seal the day anti W...,,... n„ �
i 1 (-e Z� : (, J rC _ . . ...r.EA I.:.
I __ _______-_.. ,. . (Otto Ehrlich)
I.
.Flo — _. -.. ._- _._.(SEAL
pAIT,7F COLORADO. 1
is.AI i✓. is!)es"IP
=wxy: •..�cuury nr Weld 1..
3urp "rtrute t kt..,:dr•Wr.l h..l..rvev I m. 28th leyaf January
' is/' *'"r�o� tto Ehirl cn.
Yj.Pyaayl.9,aA tgie (:::52.-L•+-r q. .:a➢/ W:tr'sotn hand end,fi.'al.,a
' .. Nov , / C 211-..
F OF CO . - _- Notary puh;. '
Address: Suite 550, Greeley National Plaza
Greeley, CO 80631-3994 •
No.YII WABYANTY DEISM For Pao,ynpH,a__N p mmeh.aea..,.0 r.n.t .0-'oh ose,00-a.n
18tld544 El 0965 RED 01000 04/13/8(. 10:53 'Lo.00 1/002
r I u7A MARY ANN I--,JERSl'I IN CLERK F, RECORDER WELD CO, CO
THISDEE➢.Made this /eA day of !a -ya .1982 ! —
hetween ---RONALD 0. EHRLICH, ROBERT E. EHRLICH and
e•-5 I
ROBERT C. SAFFELL
or the
I
County at' 'eld and:StatenI Gd,,radn,,.rthe Lrat it art.and
--NORTHERN FRONT RANGE FARMS, a General Partnership---
a`hoae lent address l. P. 0. Box 60, Milliken,
anhe erat,••, .f Weld and St of
rolora•Io.nfthe,erond part:
WITNF.NSETH.Th thesand part les,fthe Non part.for and'r,ror.erneratn,n,.f other good and valuable
consideration and Ten and no/100 'OOLLAR,
to the maul parties of the oret part,r.nand pani In .a,a part y -d thr,e0•rnn part.the r ,•whereat„
herebye-n Petard and ar know le•Ir•d.have named.b area,ned. .. nd r.m et .abd by Irene entado
rA4CatIs or 6
arrant. harrarn..Al.rtr, and .r.nnrm. 'flat, the rapt tvtY ... . e .rr.rnd part. Lcs ar.1 .rc. for
r,er.alltl:e.n., nr de• !rbedlot r eel of land .,,,ate.r' ,,r an•ll..:ng nthe
¢.run tent ----Weld am. ',f
See Exhibit "A" attached hereto and incorporated herein
by reference as though fully set forth.
Hltxkon,xamswxxa at®IOtaarxx
TO ET11RRwrtnalturvl.:e'e'.'.u••.......re.Ltareeii 'Brut n:.p.:r'.r.n•o......',U< :.rl..nrrr.r...rrnanywraeatti,r
tarmn ,amp tha re..n.rm and re.�..,....r.n,nr r..rr a....• .n.r..r. r - ..•.r- , -•d'.te.hereer.and ad t_-
right.title ntrreat.claim ant: le.na 1 u_:t ,rrtele ot:a PtodeS Pf '., ... Part.e,t her in iaa a,
"I.i, ,tt.'the ahoy.,hares ..rr n ,.r.., I, ,.•.a.r 1 .r,
TO HA\E AND TO HOLD toe 1 •r.n r t OSSOrf,�,r I r 1 t he ep purtenanrr, a t,:e
.,d party of ttg.c ar '1 1 its/ YHx :y- r, Art -art tetrtleS of the r r.t tart.
Hi-them ttHes.rheire -.`ibtor, e ,nay 6S�rs 'er4t.t.r.arr •I agree to and,
with thyard part y of •r..part. 1. WilaN AA, . ,a.... .a. ,. v.rr.realingarA Iel','-r':
,^ ..rth..ael.r ••nt,r. they are ....Ilex .doN' n.o re ,rr..r, ., ,ed.r,a.nv'.....,re.ne ,re..ah.•d ean.1
,nnehraedbeatate of,nhrntarer.I..a a.it fee.vop%•and!.,.ve o.•.d r..•.t.P.,11 to ..mdauo,nnty
t•,¢rant.parr.n.er l ar d r t nr r,.- t n .r , . t.r. ewer and clear nature soner. Subject to reservations, restrictions and a rights-of-way rof record and
subject to existing Deeds of Trust for the use and benefit of The Travelers In-
surance Company and Dean H. Avers. all of which shall be assumed and paid by
Grantee;
.dthea.ronn pan.
its /i4,fi4Sii9Tsu. r I .:,:.I,. nr ....:a. n -holehr an.par`
tbereof.thraa.t part lea t '. . ,par a u NaYH ANT AND 41REVER DEKENO
IN WITNEbf WHERE'tr."be ies .,r R.r:r-.pt'•,.a we ,.e.m..._..,theirkands
sr.deral5 th...layr.,:.lu.ar':r.tar ,o. Or,''.n /
c/��yI nEAT.
• ffEAL'
ISEdI.
STATEut'r'o1.ORA Rober[ C. 5Af2E
taunt,„f Weld ,.
Thr L.r `..q'e mplcl 0: Ehrlich. Robert E.
E /... t
.,�',4rgnJ}ld 0. Ehrlich, E. Ehrlich and Robert C. Saf fell.
•. 1y'eo .;n./y�v .. -;/ :•r v.e ...:.hard and"nre,al
ptt.9r• /
PO B\-"/
Y$
No.an WARRANTY a®.—n,Anapapl. r... ...t„h. o, :i e.m a
• , ,1, ,.p `3.6.00 1/i1V-
0 277 MAR OAN FEU rSTE
F7,1277 MARY ANN FELIF.F STEIN tLEFK h RECORDER WELD CO, CU
EXHIBIT "A"
.s`- Parcel A:
The Northeast Quarter (NEk) of Section Eleven (11); and also the East Half
of the Northwest Quarter (EbNW4) of Section Eleven (11), Township Six (6)
North. Range Sixty-five (65) West of the 6th P.N. described as follows:
Beginning at the North Quarter corner of Section 11, thence in a Westerly
direction along the North side of said Section,
South 3 fet, East
580
eet, thence
e2SSouth
utht
1°45' East 2485 feet co an iron pipe; thence
to the East and West center line of said Section 11, thence in an Easterly
direction along said center line 400 feet to the center of said Section,
thence in a Northerly direction 2662 feet, more or less, along the North
and South center line of said Section to the point of beginning;
TOGETHER WITH four (4).shares of Larimer and Weld Irrigation Company. four
(4) shares of Larimer and Weld Reservoir Company. two (2) shares of Windsor
Reservoir and Canal Company, and nine and one-half (911) shares of Owl Creek
Supply and Irrigation Company.
AND EXCEPT those parcels described as follows:
Lot "A", Recorded Exemption No. 0803-11-1-RE 522, being a part of the North-
east Quarter of Section 11, Township 6 North, Range 65 West of the 6th
P.M., Weld County, Colorado, as per map recorded December 3, 1981. in Book
954 as Reception No. 1876098. and
Subdivision Exemption No. 144 as per Rut red roed.Novemberin the North N23,f 1981,
1875310, being in Book 953 as Reception No. located
Section II, township 6 North, Range 65 West of the 6th P.H.. Weld County,
Colorado.
•
Parcel 8:
Lot'B, Recorded Exemption No. 0805-35-1-RE 475, and Lot B, Recorded Exemption
No. O(056 being of Range Sixty-seven
n E (67).
the s) of SWestooftthety-
fthe (35))., Township Six (6) orth
6th P.M., and part of the Southwest Quarter (SWk) of Section Thirty-six
(36). Township Six (6) North, Range Sixty-seven (67), West of the bch P.N.,
Weld County. Colorado, as per maps recorded January 21. 1961. in Book 925
is Reception Nos. 1847470 and 1547472.
TOGETHER WITH twelve (12) shares of the capital stock of The Whitney Irriga-
rr°1 tion Company.
•
B 1090 REC 020312: 11/06/85 09:35 $3.00 1/001 •
AR2031220
F 1826 MARY ANN FEbcRSTEXN CLERK 1 RECORDER WELD CO, CO
QUIT CLAIM DEED State Documentary Fe*
D,te.IWV. F igfl5
THIS DEED,Made this 7th day of October .19 85 $ '(l______ I
between GARY C. FLACK
of the *County of LARIMER and State of
ai tor(s),and I
U li 1 SI X Colorado
Charles F. Flack and Doris M. Flack, as joint .
tenants with the right of survivorship, h
I whosckaaladdreasi^1516 L. Street, Auburn, Nebraska . — 'j
68305 tiEUR\Skifn
of the County of Mie aha and State of cxrkraaa.granteels), li'
m
V✓ITNESSErH,That the grantorls),for and in consideration of the sum of
Ten dollars and other good and valuable consideration maKnxas .I
II
the receipt and sufficiency of which is hereby acknowledged,has remised,released.sold,conveyed and QUITCLAIMED,and by I
these presents do e 5 remise.release.sell.convey and QUIT CLAIM unto the granteelsl, their heirs,successors and assigns. I
' Coiner, all the right, title, iterest, claim and demand which the grantnrls) ha 5 and to the real property.together with I
ements,if any,situate, Weld
tmpnw lying and being in the county of and stem of
Colorado,described ae follows:
Lots A and 8 of Recorded Exemption No. 475, and Lot 8 of Recorded Exemption !
No. 476, located in the South Half (51./2) of the Northeast Quarter (NEI/4) and II
• the North Half (Nth) of the Southeast Quarter (SE1/4) of Section Thirty-five II
(35), Township Six (6) North, Range Sixty-seven (67) West of the 6th I''
P.M., together with the right of ingress and egress at all times for the 'I•
purpose of mining, drilling and exploring said land for oil, gas and
•
other minerals and removing the same therefrom;
Lot a of Recorded Exemption No. 0709-32-2-RE-413 in the North Half (NI/2) of
Section Thirty-two (32), Township Seven (7) North, Range Sixty-five (65)
Nest of the 6th P.M.; and Lot B of Recorded Exemption Mo. 0%7-8-4- 'I
RE-359 in the Southeast Quarter (SE1/4) of Section Eight (8), Township
Five (5) North, Range Sixty-seven (67) West of the 6th P.M., together
•
with the right of ingress and egress at all times for the purpose of i •
mining, drilling and exploring said land for oil, gas or other minerals
and removing the same therefrom;
I
all being in Weld County, Colorado •I
also known by street and number as. .1
TO li .ME AND TO HOLD the.Name,together with all and singular the appurtenances and privileges thereunto belonging or in
anywise'hereunto appertaining.and all tlieestate,nghl.title.interest and eleim whatsoever,of the wantons).either in law oe equity,to I.
I'. the only proper use.bertctit and hehof of the granleclsl, their heirs and assigns forever.
IN WITNESS WHEREOF The grumnrlst ha 5 enccuted(his deed on the date set forth above,
i'I
I
I 4 H'
MINNESOTA
STATE DE OLyltN OIXOL •
•
County or RedwoodII
I.
The foregoing instrument wasackneneledged before me this 29th day or October ?, 985 ,
by Gary C. Flack ''1
My commission eapines /- To ,JURY .Wtmest my hand and official seal. 'I
I
• (•- vt}JJ !ii,ciotaito.. ids. I
n `'i ,w,ss( Addr665: e°>� +/„l gatioo-r-se 4424a
'If in Denver.hmen"City and."
Ms.433.Wa3J6. WrrrlAnutann ta,.audPoAsny.,Twlau a.,.I.a•x,.,I.rnrmn._atutatxgn L.'.
n
ARE208863 B 1259 REC 02208863 03/26/90 09:42 p20.00 1/004
Prepared by: F 0606 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
HASLER, FONFARA AND MAXWELL
Attorneys at Law
Post Office Box 2267 --
Fort Collins, CO 80522 State Documentary Fee
Dote 'alP. 1 Y
.1 NTY DEED S
THIS DEED, made this 21st day of March, 1990, by and between
NORTHERN FRONT RANGE FARMS, a Colorado General Partnership, the
mailing address of which, for purposes of this Warranty Deed, is
1200 Carousel Drive, Windsor, Colorado 60550 ("the Grantor") , and
WINDSOR RESOURCE CORPORATION, a Colorado Corporation, the
mailing address of which, for purposes of this Warranty Deed, is
760 Whalers Way, Suite A200, Fort. Colli;:s, Colorado 80525 ("the
Grantee") .
jlr¢3/ )3 WITNESSETH:
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
to the Grantor in hand paid by the Grantee, the receipt of which
is hereby confessed and acknowledged, has granted, bargained,
sold, and conveyed, and by these presents does hereby grant,
bargain, sell, convey, and confirm unto the Grantee, its
successors and assigns, forever, that certain parcel of real
property, together with all improvements, if any, situate, lying,
and being in the County of Weld, State of Colorado, which is
legally described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property") .
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 estate, right, title,
interest, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, or to the Property, with the hereditaments
and appurtenances.
TO HAVE AND TO HOLD the Property above bargained and
described with the appurtenances unto the Grantee, its successors
and assigns, forever. And the Grantor, for itself and its
successors and assigns, does covenant, grant, bargain, and agree
to and with the Grantee, its successors and assigns, that at the
time of the ensealing and delivery of these presents it is well
seized of the Property; has good, sure, perfect, absolute, and
indefeasible estate of inheritance, in law, in fee simple; and
has good right, full power, and lawful authority to grant,
bargain, sell, and convey the same in manner and form as
aforesaid; and that, except as hereinafter provided, the same are
free from all former and other grants, bargains, sales, liens,
taxes, assessments, and encumbrances of whatever kind or nature
soever; and the Grantor does hereby warrant the title to the
same, subject to all easements and rights-of-way in place or as
8 1259 REC 02208863 03/26/90 09:42 520.00 2/004
F 0607 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
now existing or of record; any restrictions, reservations, or
exceptions contained in any United States or State of Colorado
Patents of record; all zoning and' other governmental rules and
regulations; general property taxes for the current year; and
expressly subject to all of the following:
Leases and Tenancies: None.
Mineral Exceptions or Reservations: Those of record.
Mortgages or Deeds of Trust: None,
The, Grantor, for itself and its successors and assigns, does
covenant. and agree to and with the Grantee, its successors and
assigns, that the Grantee, its successors and assigns, shall and
may lawfully and at all times hereafter peaceably and quietly
have, occupy, possess, and enjoy the Property hereby granted, or
intended so to be, with the appurtenances, without the lawful
hindrance or molestation of the Grantor, its successors and
assigns, or of any other person or persons whomsoever, by or with
its consent, privity, or procurement.
IN WITNESS WHEREOF, the Grantor has executed this Warranty
Deed the day and year first above written.
NORTHE FR NT RANGE• FARMS,
a Co '•ra- 'e Pa to ship
R• •`•ert E ch, Par ner
By .A
Rona • .. SEE 1 ' Py 'tn r
By _
'•bat - Sa fell, = Robert E.
Ehrli , is Attorne ?n- 'act
Part r ,
By
b Ma nes , by Robert EhrlSch
his Attorney-in-Fact, Partner
- 2
' B 1259 REC 02206663 03/26/90 09:42 *20.00 3/004
• F 0608 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
21st day of March, 1990, by Robert E. Ehrlich and Ronald O.
Ehrlich, Partners in NORTHERN FRONT RANGE FARMS, a Colorado,
General Partnership.
e .
: "
WITNESS my hand and official seal. "$‘„4.
{'"'� v • •''•
r.
My commission expires: j/ / u l� p ��' � . _ E
•t
Notary Public
STATE or COLORADO )
} as.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
21st day of March, 1990, by Robert E. Ehrlich, as
Attorney-in-Pact for Robert C. Saffell and Bob Magness, Partner "y,•
in NORTHERN FRONT RANGE FARMS, a Colorado General Partnership. ...... ry
WITNESS my hand and official seal. ,•- I -•
My commission expires: //// C /9c 1 $) i"y r u
.frt.' ,t //a01......-", •
Notary Public
- 3 -
B 1259 REC 02208863 03/26/90 09:42 820.00 4/004
F 0609 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED
BETWEEN NORTHERN FRONT RANGE FARMS ("THE GRANTOR") AND WINDSOR
RESOURCE CORPORATION ("THE GRANTEE")
LEGAL DESCRIPTION
OF THE PROPERTY
Lot B of Recorded Exemption No. 0805-35-1-RE475,
recorded January 21, 1981, in Hook 925 as Reception
No. 1847470, and Lot B of Recorded Exemption
No. 0807-4-35-RE476, recorded January 21, 1981, in
Book 925 as Reception No. 1847472, all being a part of
the South 1/2 of the Northeast 1/4 and a part of the
North 1/2 of the Southeast 1/4 of Section 35 and that
portion of the North 1/2 of the Southwest 1/4 of
Section 36 lying West and south of Weld County Road 23
and North of the Cache La Poudre River, all in
Township 6 North, Range 67 West of the 6th P.M. , County
of Weld, State of Colorado.
(Vacant land, no street address assigned)
TOGETHER WITH all wells and well rights, water and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, twelve (12) shares of the capital stock
of The Whitney Irrigation Company.
- 4 -
AK22DED65 H 1259 REC 02208865 03/26/90 09:46 615.Uu 1/003
F 0613 MARY ANN FSUERSTEIN CLERK A RECORDER WELD CO, CO
State Documentary Fee
SPECIAT, WARRANTY nPPJ1 Date.•3.1 a,...^•4Q.....
.... . .......
THIS DEED, made and entered as of the 23rd day of March,
1990, between WINDSOR RESOURCE CORPORATION, a Colorado
Corporation, the mailing address of which, for purposes of this
Deed, is 760 Whalers Way, Suite A200, Fort Collins, Colorado
80525 ("the Grantor") , and EASTMAN KODAK COMPANY, a New Jersey
corporation, the mailing address of which, for purposes of this
Deed, is Windsor, Colorado 80551 ("the Grantee") .
17 WITNESSETH:
d�5 •. 1
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
has granted, bargained, sold, and conveyed, and by these
presents does hereby grant, bargain, sell, convey, and confirm
unto the 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, which
is described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property") .
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, title, title,
interest,, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, and to the Property, with the
hereditanents and appurtenances.
TO HAVE AND TO HOLD the Property with the appurtenances
unto the Grantee, its successors and assigns, forever. The
Grantor, for itself and its successors and assigns, does covenant
and agree that it shall and will warrant and forever defend the
Property in the quiet and peaceable possession of the Grantee,
its successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through, cr
under the Grantor, except and subject to the following: all
easements and rights-of-way in place or of record; all zoning and
other governmental rules and regulations; real property taxes for
1990 and all subsequent years; and existing leases or tenancies.
IN WITNESS WHEREOF, the Grantor has executed this Special
Warranty Deed on the date set forth above.
WINDSOR RESOURCE CORPORATION,
.,m T: a Colored oration
iutjo n lmothy . H sler, Cra nwrrrson, President
o :r D Assistant eoretary
10 o � 'Oa
'.. .t E,' OF COLORADO )
SS.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
23rd day of March, 1990, by Craig Harrison, as President, and
Timothy W. Hasler, as Assistant Secretary, of WINDSOR RESOD i
CORPORATION, a Colorado Corporation.
/SO . .a
WITNESS my hand and official seal. ?,*,/ N,
/ .c .) ct
My commission expires: ) ; / /o /Q 0 . , o ,d i t
// // im Fib, o
Notary Public
- • B 1259 REC 02208865 03/26/90 09;46 615.00 2/003
F 0614 MARY ANN FEUERSTEIN CLERX S RECORDER WELD CO, CO
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY
DEED BETWEEN WINDSOR RESOURCE CORPORATION ("THE GRANTOR") AND
EASTMAN SODAS COMPANY ("THE GRANTEE")
J.RGAL nt$CR1$TION
OF THE PROPERTY
parcel 1 (Farm 63A) :
Lot A of Recorded Exemption No. 0807-26-4-RE455, being
the N1/2 of the SE1/4 of Section 26, Township 6 North,Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
(Street address: 31459 Weld County Road 23, Greeley,
Colorado)
TOGETHER WITH one (1) City of Greeley water tap.
parcel 2 (Farm 4381 :
Lot B of Recorded Exemption No. 0807-26-4-RE455, being
the N1/2 of the SE1/4 of Section 26, Township 6 North,
Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
(Vacant land, no street address assigned)
parcel 3 (Farm 841:
Lot A of Recorded Exemption No. 0807-26-4-RE1245,
recorded March 19, 1990, in Book 1258 as Reception
No. 02208245, being a part of the S1/2 of the SE1/4 of
Section 26, Township 6 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado.
(Vacant land, no street address assigned)
=gel 4 (Farm 851 :
Lots A and B of Recorded Exemption No. 0807-35-1-
RE1244, recorded March 19, 1990, in Book 1258 as
Reception No. 02208246, being the N1/2 of the NE1/4 of
Section 35, Township 6 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado.
(Street address: 30801 Weld County Road 21, Greeley,
Colorado)
TOGETHER WITH one (1) City of Greeley water tap.
passel 5 (Farm 861 :
Lot B of Recorded Exemption No. 0805-35-1-RR475,
recorded January 21, 1981, in Book 925 as Reception
No. 1847470, and Lot B of Recorded Exemption
No. 0807-4-35-RE476, recorded January 21, 1981, in
Book 925 as Reception No. 1847472, all being a part of
the South 1/2 of the Northeast 1/4 and a part of the
North 1/2 of the Southeast 1/4 of Section 35 and that
portion of the North 1/2 of the Southwest 1/4 of
Section 36 lying West and South of Weld County Road 23
and North of the Cache La Poudre River, all in
Township 6 North, Range 67 West of the 6th P.M., County
of Rigid, State of Colorado.
(Vacant land, no street address assigned)
- 2 -
8 1259 RFC 02205865 03/26/90 09:46 015.00 3/003
F 0615 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
PAGE 2 `,CO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL
WARRANTY DEED BETWEEN WINDSOR RESOURCE CORPORATION ("THE
GRANTOR") AND EASTMAN KODAK COMPANY ("THE GRANTEE")
LEGAL DESCRIPTION .,
OF THE PROPERTY
(Continued from Exhibit "A")
gavel 6 (Farm 471:
A tract of land located in the W1/2 of Section 35,
Township 6 North, Range 67 West of the 6th P.M., being
more particularly described as follows:
Considering the West line of the NW1/4 of said
Section 35 as bearing North 00'24'01" West, and with
all bearings contained herein relative thereto:
Commencing at the Northwest corner of the S1/2 of the
NW1/4 of said Section 35, said corner also being the
TRUE POINT OF BEGINNING; thence North 89'35'58" East
2633.96 feet along the North line of the S1/2 of the
NWl,/4 of said Section 35 to an existing brass cap set
by Kodak which is the intersection of existing fence
lines; thence along a line approximating an existing
fence line, South 00'18'00" East, 1324.77 feet to a pin
representing the approximate angle point in the fence;
thence, continuing along said fence line, South
26•!51'28" East, 1318.84 feet to the East line of the
SW1/4 of said Section 35; thence, along the said East
line, South 09'08'32" East, 1349.71 feet to the South
quarter corner of said Section 35; thence along the
South section line North 80'35'24" West, 2253.85 feet
to the Southwest corner of said Section 351 thence
North 29.51'36" West, 2446.94 feet to the West quarter
corner of said Section 35; thence along the said West
line of the NW1/4 North 00'24'01" West, 1324.92 feet to
the TRUE POINT OF BEGINNING.
(Street address: 30914 Highway 257, Windsor, Colorado)
TOGETHER WITH all wells and well rights, water• and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, forty-six (46) shares of the capital
stock of The Whitney Irrigation Company.
- 3 -
B 12�REC 02304537 09/24/92 10:22 i0 1/001
tR230i537 __ F Olas MARY ANN FEUERSTEIN CLERK 6 RECORDEd. .IELD CO, CO
QUIT CLAIM DEED
1 TIIIS UKND,Meklkb 27th day ,of August 0792,
, I ,
wmam CHARLES F. FLACK and DORIS M. FLACK
•
,emeyd Nemaha and Send
ku emoollad GARY C. FLACK and VIRGINIA G.
FLACK as joint tenants with the right of
survivorship
.laekpiwLliab 2580 Coyote Circle, Golden, CO
80403
ant Oman of Jefferson and Slate of Calash.vflW.
wnuacslnti,Thu Pr panels'imnl isaaWi alert the Mtn of Ten Dollars and other ..
ood and'val'tiable considerations
the teteipl gel milking?,dsbkx kfetelyattohdded.bale to bedarkred,sold adQURCLAIMED.IsS01 �
Us pert.Jo woke,Belem,all andQlxf tlAOl onto We paw.etsltheir beds,aaybop and taigas,
know,so Ne,ipN.nle.keno*.elude and,inlaid nhkb at;con's)he vein and m 0e rod many.lopdha ebb
lm,m.ene,■..be obere.lyk1 Ilek,flalM Cmeyd Weld adSltled
CoNerin.,kx,llaJwbdlowe Lots A and B of Recorded Exemption No. 475, and
Lot B of Recorded Exemption No. 476, located in the South Half
the
SoutheasthQuarter e e(5E4))ast aoft Section er )Thirty-five and the Nor(35),alf ( f
Six
(6) North, Range Sixty-seven (67) West of the 6th P.M., together
with the right of ingress and egress at all times for the purpose .
of mining, drilling and exploring said land for oil, gas and other
minerals and removing the same therefrom;
Lot B of Recorded Exemption No. 0709-32-2-RE-413 in the North Half-
(N$) of Section Thirty-two (32), Township Seven (7) North, Range
Sixty-five (65) West of the 6th P.M.;and Lot B of Recorded Exemptio
No. 0957-81-4-RE-3S9 in the Southeast Quarter (sr%) of Section Eight -
(e), Township Five (5) North, Range Sixty-seven (67) West of the •
6th F.M., together with the right of ingress and egress at all time
for the purpose of mining, drilling and exploring said land for
oil, gas or other minerals and removing the same therefrom;
all being in Weld County, Colorado
Han by'bed NH unbent none
7p IIAvm AND of HOW Ile new.birder with all led AVOW de Tpoktwm Old PAWED,WpetutoMoena la
1mate Smoot appelnkdnf.adadStant;ded.Ihk,InIctWaddelmMmbama,afeedadm(sheldraahwaeuity,w
It.only r' 'use.Intik.il ldad er Me pencils), their Irks and Sipe kronen
•c.0INWIINESSWIIFREAS;Tepmla(s)bde elaaladlhb deal wde� e
datteel6nthHro,e. ,/A
nc
Charles F. Flack
0 on D/o/ris (t. gpyla,ek A
7-
▪)e)Q SIATBOP&VOW
�G Ilia Sartn Slauuaadwym rhaawLdpdhefole*neSIN 19°dry of Sept .1992.
CJ by Charles F. Flack and Doris 14. Flack.
C.)O� p
▪ �� Myonaninommles y-a144 Air .WitnesmybodoMamds,mt
!0 1,
I ®ia�alrrerrtr
svoneglisa
Via Dom.beat thy or
Na9limncHl blart'AIm°"° 6)..
269 When recorded return to: 1111111111111111111111 Fit HUB III IIIII 11111111
Frank L.Robinson,Esq. 3349269 12/21/2005 03:06P Weld County, CO
Often Johnson Robinson Neff&Ragonetti P.C. 1 of 6 R 31.00 D 28.80 Steve Moreno Clerk& Recorder
950-17th Street,Suite 1600
Denver,CO 80202
SPECIAL WARRANTY DEED
(East Property Tract 3)
This SPECIAL WARRANTY DEED(`Deed")evidences a conveyance by EASTMAN KODAK
COMPANY,a New Jersey corporation,whose address is 343 State Street,Rochester,NY 14650-0208
("Grantor"),to BROE LAND ACQUISITIONS II,LLC,a Colorado limited liability company
("Grantee"),whose address is 252 Clayton Street, Fourth Floor,Denver,CO 80206,Attention:Mr. Alex
Yeros.
Grantor,for and in consideration of the sum of$288,000.00,the receipt and sufficiency of which
is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,
bargain,sell,convey and confirm unto Grantee,its successors and assigns forever,the real property
located in Weld County,Colorado(the"County")which is described on Exhibit A attached to this Deed
(the"Property"),together with(i)the buildings, fixtures and other improvements owned by Grantor and
located on that Property,(ii) all development rights and air rights relating to the Property, any rights to
any land lying in the bed of any existing dedicated street,road or alley adjoining the Property and to all
strips and gores adjoining the Property,and any other easement,rights-of-way or appurtenances used in
connection with the beneficial use and enjoyment of the Property,and(iii)all and singular the other
hereditaments and appurtenances thereto belonging,or in anywise appertaining, and the reversions,
remainders,rents,issues and profits thereof,and all the estate, right, title, interest,claim and demand
whatsoever of the Grantor,either in law or in equity,of, in and to the Property,and all hereditaments and
appurtenances; hut excluding from this Deed(a)any and all minerals,oil,gas and other hydrocarbon
substances on and under the Property,which are being conveyed by a separate Bargain and Sale Mineral
Deed of even date herewith,(b)all water and water rights of any kind,wells and well permits and rights,
groundwater and groundwater rights,ditches and ditch rights,reservoirs and reservoir rights, storage
rights,springs and spring rights,and ditch and water company stock,whether decreed or undecreed,
appurtenant to or historically used in connection with the Property,whether in the nature of tributary,
non-tributary or not non-tributary interests,which,to the extent conveyed to Grantee,are being conveyed
by a separate Water Rights Deed and certain other instruments,each of even date herewith,and(c)the
equipment,fixtures and other improvements owned by Grantor and located within the easements covered
by that certain Easement Agreement of even date herewith,pursuant to which Grantee is granting to
Grantor certain easements over the Property to benefit the adjoining property retained by Grantor,which
Easement Agreement will be recorded subsequent to this Deed.
TO HAVE AND TO HOLD the Property,with the appurtenances unto Grantee,its successors
and assigns forever. And Grantor, for itself,its successors and assigns, does covenant and agree that
Grantor shall and will WARRANT AND FOREVER DEFEND the Property and appurtenances and the
title to it in the quiet and peaceable possession of Grantee, its successors and assigns,against al] and every
person or persons claiming or to claim the whole or any part thereof by,through,or under Grantor, except
for the lien of taxes and assessments for the current year and all subsequent years and the matters shown
on Exhibit B attached to this Deed.
Dated: as of December,2005.
EASTMAN KODAK COMPANY,
a New Jersey corporation
//
Y1v� By: %//.
Its: test ineSrliess -
1111111 11111 11111 11111 111111111111 NIMBI 11111111
3349269 12/21/2005 03:06P Weld County, CO
2 of 6 R 31.00 D 28.80 Steve Moreno Clerk& Recorder
STATE OF NEW YORK
)ss.
COUNTY OF MONROE
The foregoing instrument flwas acknowledged before me this t day of December,2005,by rodati .. v'^ 1
er •as t.frel44.1- of EASTMAN KODAK COMPANY,a New
Jersey corporation.
Witness my hand and official seal.
otic
My commission expires: MARK R WRIGHT
•
Notary Public State of New York
Monroe County
Commission Expires September 11, XI V)°,
2
I 111111111111111 11111 1111111 I I I I I II 1111111111 I I I I
3349269 12/21/2005 03:06P Weld County, CO
3 of 6 R 31.00 D 28.80 Steve Moreno Clerk 8 Recorder
EXHIBIT A
Legal Description
Tract 3
A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 34, SECTION
35, AND THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 67
WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT B, RECORDED EXEMPTION NO. 08074-35-RE 476, AS SHOWN ON THE PLAT
THEREOF RECORDED JANUARY 21, 1981, AT RECEPTION NO. 1847472, BEING
LOCATED IN THE S 1/2 OF THE NE 1/4 AND THE N 1/2 OF THE SE 1/4 OF SECTION 35,
TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO.
PARCEL 2:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 35, AND
CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35
TO BEAR S29°52'23"E, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE
THERETO. (SAID BEARING IS A GRID BEARING OF THE COLORADO STATE PLANE
COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983(1992),
DETERMINED BY GEODETIC (GPS)OBSERVATIONS);
THENCE N89°32'33"E, 1,072.55 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE
RIVER SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING
TWELVE (12)COURSES:
1) N46°20'03'W, 99.09 FEET;
2)N16°46'04'W, 85.59 FEET;
3)N04°13'02"E, 266.14 FEET;
4) N40°32'53"E, 159.44 FEET;
5)N54°26'20"E, 199.22 FEET;
6)N34°05'29"E, 124.67 FEET;
7)N61°24'16"E, 48.97 FEET;
8) N85°02'00"E, 57.59 FEET;
9) S79°35'57"E, 50.85 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35;
10)CONTINUING S79°35'57"E, 69.85 FEET;
11) S65°08'41"E, 141.98 FEET;
12) S45°45'54"E, 51.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35;
THENCE ALONG SAID NORTH LINE, N89°34'09"E, 1,273.30 FEET TO THE NORTHEAST
CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 35;
THENCE S10°48'30"E, 672.09 FEET TO THE CENTER QUARTER CORNER OF SAID
SECTION 35;
THENCE S10°46'16"E, 1,148.24 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF
SAID SECTION 35;
THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 35, S10°48'40"E, 1,127.72 FEET;
A-1
•
111111111111111 11111 1111111 VIII 11111��� 11111 ��������
3349269 12/21/2005 03:06P Weld County, CO
4 of 6 R 31.00 D 28.80 Steve Moreno Clerk&Recorder
THENCE N87°18'50"W, 2,326.02 FEET;
THENCE S84°16'00'W, 1,441.44 FEET;
THENCE N00°00'05"W, 641.71 FEET TO A POINT ON THE SOUTHERLY TOP OF BANK OF
THE CACHE LA POUDRE RIVER;
THENCE ALONG SAID SOUTHERLY TOP OF BANK THE FOLLOWING SEVEN (7)
COURSES:
1)N36°05'51"E, 64.27 FEET;
2) N21°22'15"E, 201.87 FEET;
3)N31°19'04"E, 192.28 FEET;
4) N42°52'40"E, 71.52 FEET;
5) N58°40'24"E, 68.14 FEET;
6) N80°24'35"E, 127.23 FEET;
7) S85°41'56"E, 418.10 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 35;
THENCE ALONG SAID WEST LINE, N29°52'23'W, 41.57 FEET TO THE CENTERLINE OF
THE CACHE LA POUDRE RIVER;
THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING
THIRTEEN (13) COURSES:
1)N84°13'03"E, 73.28 FEET;
2) N70°20'38"E, 81.99 FEET;
3) N50°40'46"E, 249.50 FEET;
4)N39°25'11"E, 141.35 FEET;
5) N59°00'59"E, 61.48 FEET;
6)N35°04'53"E, 218.40 FEET;
7)N14°47'58"E, 131.45 FEET;
8) N24°37'29'W, 150.24 FEET;
9)N16°13'28"E, 94.18 FEET;
10) N00°14'38"E, 113.71 FEET;
11) N49°11'34"W, 55.89 FEET;
12) N75°23'10"W, 51.85 FEET;
13) N46°20'03"W, 93.76 FEET TO THE POINT OF BEGINNING.
A-2
I 11111111111 1111111111 HIII IIEII 11111 III 11111 IIII III!
3349269 12121/2005 03:06P Weld County, CO
5 of 6 R 31.00 D 28.80 Steve Moreno Clerk& Recorder
EXHIBIT B
Permitted Exceptions
1. TAXES FOR THE YEAR 2005 AND SUBSEQUENT YEARS, A LIEN NOT
YET DUE AND PAYABLE.
2. RIGHT OF WAY EASEMENT AS GRANTED TO DENVER PACIFIC
RAILWAY AND TELEGRAPH CO. IN INSTRUMENT RECORDED APRIL 29, 1876, IN
BOOK 1 AT PAGE 540.
3. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED
FEBRUARY 11, 1999 AT RECEPTION NO. 2672770 AND AMENDMENT RECORDED
NOVEMBER 19, 1999 AT RECEPTION NO. 2733550.
4. OIL AND GAS LEASE RECORDED OCTOBER 30, 2000 UNDER
RECEPTION NO. 2803467 AND DECLARATION RECORDED MAY 6, 2004 AT
RECEPTION NO. 3178056 AND ANY AND ALL ASSIGNMENTS THEREOF, OR
INTEREST THEREIN.
5. RIGHT OF WAY EASEMENT AS GRANTED TO WELD COUNTY IN
INSTRUMENT RECORDED JANUARY 28, 1907, IN BOOK 296 AT PAGE 149.
6. MINERAL RESERVATION AS SET FORTH IN STATE OF COLORADO
PATENT RECORDED JULY 7, 1941, IN BOOK 1 081 AT PAGE 168.
7. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY
RURAL ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED DECEMBER 5,
1973, UNDER RECEPTION NO. 1625982 IN BOOK 704.
8. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER
MINERALS AS RESERVED IN DEED RECORDED MARCH 25, 1977, UNDER
RECEPTION NO. 1714660 IN BOOK 793, AND ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN.
9. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS
RESERVED N INSTRUMENT RECORDED JANUARY 21, 1982, UNDER RECEPTION
NO. 1880688 IN BOOK 959.
10. OIL AND GAS LEASE RECORDED JANUARY 20, 1983, UNDER
RECEPTION NO. 1915043 IN BOOK 987 AND ANY AND ALL ASSIGNMENTS
THEREOF, OR INTEREST THEREIN. AFFIDAVIT RECORDED JUNE 28, 1984, AT
RECEPTION NO. 1972148 IN BOOK 1035.
11. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED FEBRUARY 1, 1989, UNDER
RECEPTION NO. 2169590 IN BOOK 1223.
511299.4 UCONN B-1
1111111 11111 11111 111111131 11111111 11111 Eli 1111
3349269 12/21/2005 03:06P Weld County, CO
6 of 6 R 31.00 D 28.60 Steve Moreno Clerk&Recorder
12. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED JULY 6, 1989, UNDER
RECEPTION NO. 2184650 IN BOOK 1237.
13. MATTERS AS SET FORTH ON SURVEY NO. 1025.0001.01 DATED
DECEMBER 14, 2005, BY TST, INC. BEING:
OVERHEAD ELECTRIC LINE IN WES FERN PORTION OF SUBJECT PROPERTY.
FENCES NOT ON SOUTHERN PROPERTY LINE IN SOUTHWESTERLY PORTION OF
SUBJECT PROPERTY IN THE SE 1/4 OF SECTION 34.
FENCES NOT ON PROPERTY LINE ALONG THE EAST LINE OF THE SW 1/4 OF
SECTION 35.
FENCES NOT ON PROPERTY LINE ALONG THE NORTH LINE OF THE S 1/2 OF THE SE
1/4 OF SECTION 35.
COUNTY ROAD RIGHT OF WAYS 30 FEET IN WIDTH ALONG THE EASTERLY
BOUNDARY OF THE NE 1/4 OF SECTION 35.
HORSESHOE PIT AND FENCE LYING SOUTH OF LOT A RE 475.
POND IN SW PORTION OF PROPERTY.
14. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT GRANTED TO
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC., BY DOCUMENT
RECORDED MAY 15, 1973, AT RECEPTION NO. 1613253 IN BOOK 691.
15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED
JUNE 13, 2003, AT RECEPTION NO. 3072613.
r.
673299.0 UCONN B-2
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Lawyers Title Insurance Corporation hereby certifies that it has made a careful search of
its records and finds the following conveyances affecting the real estate described
herein since August 30, 1972, and the most recent deed recorded prior to August 30,
1972.
LEGAL DESCRIPTION
SEE ATTACHED EXHIBIT "A"
CONVEYANCES (If none appear, so state):
Reception No. 1504478 Book 582
Reception No. 1523871 Book 602
Reception No. 1523875 Book 602
Reception No. 1525030 Book 603
Reception No. 1525031 Book 603
Reception No. 1525032 Book 603
Reception No. 1528733 Book 607
Reception No. 1540953 Book 619
Reception No. 1541299 Book 619
Reception No. 1632140 Book 710
Reception No. 3340221 Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby
limited to the fees paid for this Certificate.
In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to
be signed by its proper officer this 10th day of March, 2006, at 7:00 am.
Order No. LTTL0000796
Lawyer Title Ins a ce Corporation
-
By
Authorized Signature
File No. LTTL0000796
EXHIBIT A
THE N 1/2 OF THE NW 1/4; THE SW 1/4 OF THE NW 1/4; THE NW 1/4 OF THE NE 1/4; AND
THE SW 1/4 OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.;
COUNTY OF WELD, STATE OF COLORADO;
EXCEPT PARCELS CONVEYED TO WELD COUNTY BY DEEDS RECORDED JUNE 24, 1936 IN
BOOK 995 AT PAGES 162, 163, 165 AND 167;
AND EXCEPT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF
COLORADO BY DEED RECORDED JANUARY 14, 1963 IN BOOK 1635 AT PAGE 375;
AND EXCEPT PARCEL CONVEYED BY DEED RECORDED NOVEMBER 20, 1968 IN BOOK 602
AT RECEPTION NO. 1524120;
AND EXCEPT PARCEL CONVEYED BY DEED RECORDED MAY 14, 1970 IN BOOK 625 AT
RECEPTION NO. 1547170;
AND EXCEPT THAT PARCEL CONVEYED BY DEED RECORDED AUGUST 18, 1993 IN BOOK
1398 AT RECEPTION NO. 2346661;
AND EXCEPT THAT PORTION OF THE SW 1/4 LYING EAST OF THE EAST BANK OF THE
POUDRE RIVER BRANCH THAT RUNS GENERALLY IN AN SOUTHEASTERLY-NORTHWESTERLY
DIRECTION.
� o
0
9 1967•i Js.ct
aDaa
582 Roaorded._. of o'c]oA M.
,—t Reception No. -1,5()`4..4.44... _. *IN.'t.� '_., Recorder. _—
V1h18 Pee it, Made this Eighth day of June in the
I
year of our Lord one thousand nine hundra and Sixty-seven between
I
SAM STOOLE
O' of the County of Weld and State of Colorado.of the
that Put tad HARRY A. YELEE and NELDA J. YELEE _
f-
-r of the County of ;Ant Lariaer and State of Colorado, of the
0
O
L'S second part:
mt WiTNESSETH:That the said party of the first part,for and in consideration of the mem of
Nt
s" Other good and valuable considerations and Ten 'DOLLARS,
tit
to the said party of the first part In hand paid by the said parties of the second part, the receipt whereof s
tr hereby confessed and acknowledged, ha a granted, bargained, sold and conveyed,sad by these presents do
.o front. bargain, sell, convey and confirm unto the said parties of the sewed part, to pass not In tenancy In common
o but in joint tenancy,the survivor of them,their assigns and the heirs and assigns of such survivor forever,all the tol-
o lowing described lot or parcel of land,situate,lying and being In the and Sate of Colorado,to-wit:
o County of weld
The SEY,, NE3(, NE3L SE36 of Sea. 33, Twp. 6 North, Range 67 bleat of
r— . 6° P.M. and also that part of N)& SW3(r of Sec. 34, Twp. 6 North,
P Range 67 West of the 6° P.H., lying West of the public road and ,
I containing 3 acres more or less, together with 10 shares of the
capital stock of B.R. Eaton Ditch Company and except therefrom
-� right-of-way for public highway as conveyed by deed recorded in
Book 43, Page 327 and right of way for railroads as conveyed by
deed recorded in Book 273, Page 2, weld County records and
excepting parcels of land conveyed by deeds recorded in Book 459,
p Page 154, and Book 995, pages 161 and 162, Weld County records,
J including all buildings and improvements located thereon.
5 — Grantor retains fifty (50) per-cent of all mineral rights.
TOGETHER with all and singular the hereditament. and appurtenances thereunto belonging, or in any wise
appertaining and the Ion and reversions, remainder and remainders, rents, issues and profits thereof: and
all the estate,right,title, interest, claim and demand whatsoever of the said par7 of the first part,either in
�^ law or equity, of, In and to the above bargained premises,the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the
said parties of the second part,the survivor of them, their assigns.and the heirs sad assigns of web survivor for-
.
ever. And the said party o the first part,for Ka self his heirs, executers, and admialatrators, does
covenant, grant, bargain and agree to and with the said parties of the second part, the survivor ot them, their
assigns and theweltrs and seized of s thee premie of such.urvivor,above conveyedt at �s of good, sure, perfect, atmWum sad Waletslble e time of the ensaliag and delivering of these presents,
h 1a
of inheritance,ee in ho.,m fee er sad ha e d an t right, full power and lawful
sad
togrant,
sellandconvey, manneraforesaid, free clear from all former and
other grants, bargains, sales, Mena, taxes, assessments and laumbnecea of whatever kind or nature sent:
Except all taxes and is due and payable subsequent to the date
hereof; and subject to restrictions, easements and reservations of record,
if any;
4
a
and the above bargained premisespremisesin the quiet and peaceable possession of the ofer said parties the oed pare' the
survivor of them, their assigns and the heirs and assigns of such survivor,against all sad every person or persons
lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will
WARRANT AND FOREVER DEPEND.
IN WITNESS WHEREOF, the said party of the first part ha a hereunto set hie band sad
seal the day sad year first above wanes. ...-1- /
Sigaed, Sealed and Delivered in the Presence of � Q-...�� (SEAL)
., . ;_,..- , . „ ,. _ Sam Stools
y. J'. ' ' • a •OOCUItitiURY� -_. (SEAL)
t' C y. 1;1
g ry AEE
. c. .fT.JJn.5'tl Du•.,r t. 41®CAUI'1 _ (SEAL)
U,6jlf__OF COLORADO.Ist The foregoing instrument was acknowledged before me this__ R 24 __.day d
�.. S....ayof wed.
s ��r.,E'..,,ea — Junes __•,Iph7,lay_—Sma Stools
: ..114r`tr.g. �J,f.•,;1 t Wawa Hy Hal a d Oldfaa Sal
S .:•v(;7+es My Cemalaina Enka Juno 7, 1969
PUBV„':
is^ s .. re(; - S'.ip..,,re
s_.
..-4,: .O`.`.�, Nervy MSWAREANTY,DEED—To Joint Tenants'' --^-^'!
., 9fz
„D NOV 191900
E x*602 Recorded at. l�..._ o'clock RAJ . ... _ /
[1 -f C', 14ry�t ANN SPOMER nroe m
Reception No__._.�.L.b:6.3....._f_-__ _ ..__Recorder.
' , RECORDER'S STAMP
...a...I ,
' ' t"
TELLS DEED, Made this 7th day of November ]
1968 ,between Frank C. Carlin and toi o
II Loretta J. Carlin ailing '`' .
0' County of Platte and State o15(fpapx
II xiak,of the first part,and The Colorado Triangle
I
!
co '�I Company a corporation organized and
0.1 1 ending under and by virtue of the lawn of the State of Colorado , i i
to ,1 of the second part:
en
r-i WITNESSETE,That the said part ies of the first part, for and in consideration of the sum of
1.
't' " Ten Dollars and other good and valuable consideration 13iAhtetga
in ll to the said parties of the first part in hand paid by the said party of the second part,the receipt whereof is
'a hereby confessed and acknowledged,have granted,b,.rgained,sold and conveyed,and by these presents do
O I� grant,bargain,sell,convey and confirm,unto the said party of the second part,its successors and ensigns forever,
o all of the following described lots or parcels of land,situate,lying and being in the
C) II County of Weld and State of Colorado,to wit:
am I The N 1/2 of the SW 1/4 of Section 34, township 6 I
s North, Range 67 West of the 6th P.M. together
1 with any and all water and water rights, ditch
is and ditch rights, flumes, canals and reservoirs II
'
i. appurtenant or relating thereto, including, but
not limited to, 10 shares of stock of B. H. Eaton II
Ditch Company. I
ii
I i
I
Il I
TOGETHER wills all and singular the hereditanrents and appurtenances thereunto belonging or in anywise
appertaining.and the reversion and reversions,remainder and remainders.rents,Issues and profits thereof;and all '
II the estate,right,title,interest,claim and demand whatsoever of the said part ies of the first part,either in law '
jI or equity,of,in and to the above bargained premises,with the hereditament,and appurtenances
"' TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the
said party of the second part,its eucceasors and assigns forever. And the said part ies of the first part, for I.
l
it themselves, thelrheirs,executors,and administrators,do covenant,grant,bargain and agree to and with I: •'!
II the said party of the second part,its successors and assigns, that at the time of the ensealing and delivery of I N
I. these presents, they arewell seized of the premises above conveyed, as of good, sure, perfect,absolute and
Iiindefeasible estate of inheritance,in law,in fee simple,and have good right lull power and lawful authority to
cj grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from
,..".: all former and other grants,bargains,sales,liens,taxes,assessments and encumbrances of whatever kind or nature ! gr.
_}! never, except the 1968 general property taxes and any and all district -+
W— assessments for 1968; except rights of way recorded in Book 43 at h
page 327 and Rook 459 at page 154, Weld County records; except chat '.
certain Deed of Trust recorded in Book 591, reception No. 1512700.120
f4 and the above bargained premises in the quiet and peaceful possession of the said ilarty ne'theeeeeana part,Its a
successors and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part i
i:. thereof,the said partjes of the first part shall and will WARRANT AND FOREVER DEFEND. I
i IN WITNESS WHEREOF,The said partieaof the first part haVOnermmtn set the ireand S I O
• and seals the day and year first above written. nn �nl
1 _ /. /'C/ f
Signed,Sealed and Delivered in the Presence of 4-c kl v dU,a Ccw... [SEAL] l_ p
.F-2- Fran C.. �C)arlin
�X0'.%..'Lo e5ca . uatlKn [SEAL] u�
L b
[SEAL] ! O
I 0
NSTIsing
1
STATE OFXDdng
I' e2,
County of Platte I! `P
' The foregoing instrument was acknowledged before me this 7th day of November ;:,
1968 .by *mamdfx@xxaa9cld�xaark Loretta J. Carlin.
• e,ien expires 1...2—.3 3- 7 0 I
z `'m
-.WITN”S my hand and official seal.
'9 L IC f' — rr
^►_ e II.' 0 i;
it I_, �' •
. I r 5 r E. ' i I 1
i agS $oI o F OP a $ ` . i
1 I SI i a' .1 y1 1 1 x
tz �ia b r i j I
s{A Q13 I (o g 6 o t( 1
2i 9,t'llVIP i { P l'S g 1 n I , y `�
i rILt •
I 1e Ii1Ia oi lfrrii t ' S i l 1�
I a l
6();r 1523671
a . y
(conc. from front, page 1) - which second party assumes and agrees
to pay; and except the reservation of an undivided 1/2
interest in all oil, gas and mineral rights in Book 492, •
reception No. 1 418,692; and except the reservation of
an undivided 1/4 interest in all oil, gas and other
minerals in Book 517, reception No. 1439324.
STATE OF COLORADO, ) se.
County of Denver )
(`� /.., The foregoing instrument was acknowledged before me this
='c t;,1.L1C,'4i4ilay of November, 1968, by Frank C. Carlin.
„oTnRy-0--r)-0- �. �47:-commission expires µy rim mintonaxons son.14,1971
pbB4\O io
">,::-..:..'."...'o6I1TNESS my hand and officia seal. //////,�/�, (./_�
or teV VYw7 •71 .lA/ la,. .J't/
�" Notary Public/)
v
,aN N0V 141968
602 Recorded et...LS1. C--___o'dockCL...If,
t"t Receptionjit No__. 15238'75 AWN SE91401 Recorder"
-
RECORDER'S STAMP
' THIS DEED, Made this 11th day of November .
1 I; Hi 68 ,between Robert E. Knox and
i i
Veda K. Knox of the c .
rn ' County of Weld and State of Colo- • it—w3
ii
. redo,of the first part,and The Colorado Triangle Company - brat
to I legs
CO b a corporation organized and I pl,
eV II existing under and by virtue of the laws of the State of Colorado . I i 1
s�•I I. of the second part:
ValIWITNESSETB,That the said parties of the first part, far and In consideration of the sun of
Ten and no/100 Dollars and other good and valuable considera lA g
..a to the said parties of the first part in band paid by the said party of the second part,the receipt w ereof is
--O l hereby confessed and acknowledged,belle granted,bargained,sold and conveyed,and by these presents do
o grant,bargain,sell,convey and confirm,unto the said party of the second part,its successors and assigns forever, l'
a all of the following described lets or parcelS of land,situate,lying and being in the
County of Weld and State of Colorado,to wit: I
°3I. S 1/2 N 1/2, W 1/2 SE 1/4, S 1/2 SW 1/4 of Section
a 34, Township 6 North, Range 67 West of the 6th P.N.
^t ` together with any and all water and water rights,
z ' ditch and ditch rights, flumes, canals and reservoir i
rights appurtenant or relating thereto, including,
but not limited to, 30 shares of stock in the
B. H. Eaton Ditch Company and 8 shares of stock in
the Whitney Ditch Company. i
I
TOGETHER with all and singular the hereditantents and appurtenances thereunto belonging or in anywise I
appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all I'
the estate,right,title.Interest,claim and demand whatsoever of the said paries of the first pert,either In law i
P
or equity,of,in and to the above bargained premises,with the hereditament,and appurtenances. I'
TO HAVE AND TO MOLD the said premium above bargained and described,with the appurtenance.,unto the h
said party of the second part. its successors and assigns forever. And the said part ies of the first part, for !: w
ii,^''.
them selves,their heirs,executors,and administrators,do covenant,grant,bargain and agree to and with i, N
mil' the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of (:, v-i
e these presents, they arewell seized of the premises above conveyed, as of good, sure,perfect,absolute and
Ii indefeasible estate of inheritance,in law,in fee simple,and have good right,full power and lawful authority to il
�
grant,bargain,sell end convey the same in manner and form as aforesaid,end that the same are free and clear from
'3 all former and other grants,bargains,sales,Rem,taxes,assessments and encumbrances of whatever kind or nature I ti
scent, except the 1968 general property taxes and any and all distric4
asseasmeitt.D nor 1968; except patent reservations in Book 51 at page •.
53 and in Book 955 at page 201; except an undivided 1/2 interest in !''..
all oil, gas and other minerals in deed recorded in Book 1601 at
udgtgla Nets::b:c f e5 vrem.'satirkgh°n i l'A acekPG'a1 M opXhe'i d gSrtI fiPI},5 team pA1Ac&' e
•
successors and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part I
��. thereof,the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. I
IN WITNESS WHEREOF,The said pardes of the first part haw hereunto set their herds I 0
and seals the day and year first above written.
I
Signed,Sealed and Delivered in the Presence of li 4`7- �' +" ._._____ [SEAL) O
Robert E. l<nox
H
_ c . si Z,.n .� [SEAL] .o
Veda k. Knox I c
.... 1 _ [SEAL] V
STATE OF COLORADO, J e0
�ss.
efull;f County of Weld i =
♦Th-foregoInrinsttument was acknowledged before me this 11th day of November -+
4.ps pyr..Atlitt tt E. Knox and Veda K. Knox I•
f Nit!! f p
: e? P rtirea fd•Commission expires sc t 11,1971 a';
v j warn Ss pty apd and offiewl seal. Plegge° ,
tea.
\ oni. 9.19999 TV DTI II is(a rUPsTsoN Fa,r•heleseeahi Damn!.
natml ruL 11 Ca..111:T-It Sawn Siren.n•nae.COWM,e ,. L
•x:.11 .=en-y. .. ?y. - I •,._,, - r •R .., ^
r
I , I Imc
VA
l [jIi.I: I i I I • I� ; 8 i C tii itn
t
el
r
'°602 15238'75
(conc. from front, page 1) - recorded in Book 995 at page 163,
Book 995 at page 164, Book 995 at page 165; except easement
by deed recorded in Book 1635 at page 374; and except rights
created by deed recorded in Book 1635 at page 375.RE('t1.KX'.
O`
. 603 Recorded at O—_....o'clock t s _.m., .AED___L61968
Reception No 1525030 .______ANN_SPOMER Recorder. wo�fe
'
RECORDER'S STAMP
JL THIS DEED, Made this I5LN day of December . ,19 68
Setween The Colorado Triangle Company,
corporadon duly organized and existing under and by virtue of the laws
of the State of Colorado of the first put and
t Eastman Kodak Company, !,
I a corporation duly organized and exerting under and by virtue of the laws
I of the state of New Jersey of the second part:
1 WITNESBETH,That the said party of the first part,for and in consideration of the sum of
t Ten Dollars and other good and valuable consideration ANEgKJim6l
1 to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
confessed and acknowledged,bath granted,bargained,sold and conveyed,and by these presents does grant,bargain,
I sell,convey and confirm,unto the said party of the second part,its successors and assigns forever,all the following
described lots or parcels of land,situate,lying and being In the County of Wald
1 and State of Colorado,to-wit:
I I
I 54 N1/, Wy SEk, 5 51Vk of Section 34, Township 6 North, Range 67
West of the 6th P.M., tog- :her with any and all water and water
rights, ditch and ditch rights, flumes, canals and reservoir
rights appurtenant or relating thereto, including, but not
t limited to, 30 shares of stock in the 8. N. Eaton Ditch Company
i and 8 shares of stock in the Whitney Ditch Company, except that 'I
portion of the Sulk of Section 34, Township 6 North, Range 67
West of the 6th P.N. conveyed to Harry A. Yelek and Nelda J. I
dYelek by Warranty Deed recorded in Book 602, reception No.
.I 1524120.
ND DOCUMENTARY FEE REQUIRED
I TOGETHER, with all and singular the hereditaments and appurtenances thereunto 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 the said party of the first part. either in law or
equity,of,in and to the above bargained premises,with the hereditament,and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the
. _' said party of the second part,Its successors and assigns forever.And the said The Colorado Triangle
Company,
party of the first part,for itself,its successors and assigns,cloth covenant,grant,bargain and agree to and with the
said party of the second part,its successors and assigns,that.at the time of the miscalling and delivery of these pres-
ents it is well seized of the premises above conveyed, as of good, sure, perfect absolute and indefeasible estate of
inheritance, in law, in fee simple, and bath good right, full power and lawful authority to grant, bargain, sell and
convey the same in ner and form aforesaid, and that the same are free and clear from all former and other
grants,bargains,sales-liens.taxes,asaessnients and incumbraaces of whatever kind or nature soever; except the
1968 general property taxes and any and all district assessments for 1968; except
patent reservations in Book 51 at page 53 and in Book 955 at page 201; except an
I undivided 4 interest in ail oil, gas and other minerals in deed recorded in
II Book 1601 at page 206; except ights of wa possession
conveyed by pa deeds (cont.t on ba_ _
and the above bargainedpremises in the quiet and peaceable of the said of the second t its I•
i' cessars and assigns against all and every person or persons lawfully claiming or to claim the whole or any pea:'.
III thcrcnfr,the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
ii*6U ir+WIT$IESS WHEREOF,The said parry of the first part hash caused its corporate name to be hereunto sub-
94- ieribed by its le president,and its corporate seal to be hereunto affeced.attested by its
"It seerold5y,the dzrand year first above written.
/ignc
By ._ EIt ____�T1LP..q— _.
IC ,
i { - - PuMdinA
.`j Cs, 'asTATE OP COLORADO.
of
I sCiew_ead._Coanty of—Donato —__._. ss
it _9_The foregoing instrument was acknowledged ueiurc ram Oil, j je° day v. ..-.-•••••-
1968 ,hy Larry M. Baker as President and
,4/_-11
'I,.l:Ulf/,— Michael D. Croshek as Secretary of
• �s(( ,^t 1p�1 I' The -:olo.rado Triangle Company, a corporation.
j Vi0('1`r( My ransom,commissionpirea r.1y COSn: s.an cuphcs Ecpt.1s,1971
v 0n = Winless my band and official I.
•
._- -._;i r a ham
ors_ 5 '
No.i6'/_WARRANTY DEED—Cernerallen le Cona,anlen—Branford Publishing C...Nib is 61.1 Stn.Dmvigh linseed.
8.4% w 1)(3 R., 4. til
a r: P l's. E Ir
8--10 g
-.c I V M C
itri
It' ' H
E .
1 g 1 1 ! i ; G f
. � ill A p
aoolr 603 3525030
(cont. from front, page 1) - recorded 1n Book 995 at page 163, Book 995 at
page 164, Book 995 at page 165; except easement by deed recorded
in Book 1635 at pegs 374; and except rights created by deed recorded
in Book L635 at page 375. f-r/s7
(l" '
'J
u a .
j r 603 040i
rat.9OI__o'ciock_a_c_M., _DEC-1-819fifl....__._.__-___ J
t-'• 1525031 ANN.si%�}fl,{_Hcnrder. loos
M Reception No--.___.____
RECORDER'S STAMP
e„, THIS DEED, Made this 13' day of December .1968
between The Colorado Triangle Company,
Oh a corporation duly organized and existing under and by virtue of the laws
of the State of Colorado of the first part and
1
M Eastman Kodak Company,
O - a corporation duly organized and existing under and by virtue of the laws
N
N of the state of New Jersey of the second part;
tea
N, WITNESSETH,That the said party of the first part,for and in consideration of the sum of
rat Ten Dollars and other goad and valuable consideration DDINXItEgi
set to the said party of the first part in hand paid by the said party of the second part the receipt whereof is hereby
o confessed and acknowledged.bath granted,bargained,sold and conveyed,and by these presents does grant,bargain,
Pa sell,convey and confirm,unto the said party of the second parr,its successors and assigns forever. all the following
o described lota or parcels of land,situate,lying and being in the County of Weld
o and State of Colorado,to-wit: . .. 7
o
SEt NE}, NE} SEt, Section 33, and all that part of the N} of the
SWk of Section 34 lying on the West side of the public road through '
CO said property, all in Township 6 North, Range 67 West of the 6th LI
el P.M., together with any and all water and water rights, ditches and
el.
ditch rights, flumes, canals and reservoirs appurtenant or relating ;I
cm ;
thereto, including 10 shares in the B. H. Eaton Ditch Company. �
I
II
I
NO DOCUMENTARY FEE REQUIRED i!
TOGETHER, with all and singular the bereditaments and appurtenances thereunto belonging, or in anywise I
appertaining.and the reversion and reversions. remainder and r ainders, rents, ,sues and profits thereof; and all :i
the estate, right tide, interest, claim and demand whatsoever of the said party of the first part, either in law or -'
..--.... equity,of,in and to the above bargained premises,with the heredimmenta and appurtenances. •I
TO HAVE AND TO HOLD the said premises above bargained and described,with-the appurtenances unto the 'i
said party of the second part,its successors and assigns forever.And the said The Colorado Triangle
Company,
l
party of the first part,for itself,its successors and assigns,cloth covenant grant,bargain and agree to and with the
II said party of the second part,its successors and assigns,that at the time of the mutating and delivery of these pees- -I
11 eats it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of I
inheritance, in law, in fee simple,and Lath good right, full power and lawful authority to grant. bargain. sell and
II same convey the same in manner and form aforesaid, and that the arc free and clear from all former and other
grants•hareems,asses,liens.taxes,assessments and incumbnnces of whatever kind or nature se ; except the
1968 general property taxes and any and all district assessments for 1968;
except that certain reservation of fifty percent of minerals in Book 582,
i reception No. 1,504,478, Weld County, Colorado, records, and except rights of
tway and easements recorded in Book 43, page 327, Book 273, (cont. on back)
Ii and the above bargained premises in the quiet and peaceable possession of the said party of the second part its sec-
cessors and assigns against all and every person or persons lawfully claiming or to claim the whole or any part
Otyee&fJMS:aJid-party of the first part shall and will WARRANT AND FOREVER DEFEND.
.19...''IN'WITASSB WHEREOF,The said party of the first part bath caused its corporate name to be hereunto sub- -
ra'.'scribyr[by its'. C president.and its corporate seal to be hereunto affixed.attested by its
- r s,tl�dayapond year first
�above
_written.
w J�t �iG ___ +�ee4_.xRz �sixA��
si• By ' M_� �P�
y.emmt
'.7 0}ftl'ATE OF COLORADO, l}
I --l:il:y_an&County of._.Oenve .—__—J ss. .ra, ..i
.The foregoing instrument ter-,aamnw5a! rd x7>e van this t Cr y nay or Dec ember,
♦♦\ IM-4 sq jlif Larry H. Baker as President and '
ry,.•" • Michael D. Groshek se Secretary at
•• ••S
N.'`,._N. ,rY 'gra.Colorado Triangle Company, a corporation.
-e;It -,D V' - e - My notarial commission expires MyCommission expires Sept.14,1971
i *
,p-� pl r',DV'�� «' Witness my hand and officia seal i
b. r r _ ---- No Paste I b.No.767.w'ARMAN-IT DEED—Caner.nm to Onrnitsn—➢radre:a mammies re..seaHt abet Stmt.a6N.Warad,
td a' @
�}[ 1Pilitl1Iyl • e p
o > I 8g ;PTr A i ee c' 1 �"
,
C Q
r='95'a4. o
boa , ! t . r 8 I i
' K r(° Pc �W
g d 1 m
An e C
FR I1 a ; P I I 1 f
WOK 603 . 1525031
(cont. from front, page 1) - page 2, Book 459, page 154, Book 995, page 1 1
and Book 995, page 162.
.
_ x ('j('' Recorded •
. .... at `U ' o'clock. M., . ...OEC..i b-1968 . .
V-, Reception No laaz` `7z NUN stud in _Recorder.
- RECORDER'S /TAMP
4 TS
• •I; THIS DEED, Made this /3 s- dal of December, .19 6b
between The Colorado Triangle Company
iQ, ' a corporation duly organised and existing under amt by virtue of the laws .
of the State of Colorado of the first on.and
il
Eastman Kodak Cumpa n
G„� 'y.O I. a corporation duly organized and existing under and by virtue of the law.
• of the state of New Jersey of the second part:
N
ua
.--I WITNESSETH.That the said party of the first part,for and in rmsidaarion of the ante of
IV i Ten Dollars and other good and va lush le cuts ide ration 11:121=106(
I-
w. I to the said party of the first part in hand paid by the said party of the second part, tM1r receipt whes.reof u here y
confessed and acknowledged, bath granted, bargained. sold and conveyed, and by thew presents deco gasp bargain,
ti n sell,convey and confirm, unto the said party of the second part,its successors and assigns forever, all the following
0 described lots or parcels of land,rituals.lying and being M the County of We Id .
c; and State of Colorado,to-wit:
The Nis ..t the SHI at Section 14, Township 6 Nurlh, Range 61 West
• _ 4 of the 6th P.M. , together wttit arty and all water and water rights.
ditch and ditch rights, flumes. canals and reservoirs appurtenant
re - or relating thereto, including, but tot limited to, lU shares of
stock in the B. H. Eaton Ditch Company.
NO DOCUMENTARY FEE REQUIRED
TOGETHER. with all and singular the hereditament* and appurtenances 'hereunto belonging, or in anywise
'I apper tam ing, and the reversion and reversions. remainder and remainders. rent., issues and profits thereof; and all
• the mate. right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or
equity,of,in and to the above bargained premises,with the hereditament*and appurtenances.
I TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the
said party of the second part.it.successors and assigns forever. And the said The Colorado Tr tangle
Company,
party of the first part, for itself. its successors and assigns,doth covenant, grant, bargain and agree to and with the
l said party of the second part•its successors and assigns. that at the time of the mauling and delivery of these prea-
ents it is well seized of the premises above conveyed, as of good. sure. perfect absolute and indefeasible estate of
inheritance. in law, in fee simple, and bath good right, full power and lawful authority to grant bargain, sell and
convey the same in manner and form aforesaid, and that the sante are free and clear from all former and other
' grants,bargains.saves.liens,taxes,assessments and incambrances of whatever kind or nature soever; except the
',
1968 general property taxes and any and all district assessments for 1965; except
a 'F rights of way recorded in Book 43 at page J27 and Book 459 at page 154, Weld
County records; except the reservation of an undivided y interest its all oil, gas
and mineral rights to Book 492, reception No. 1,418,692; (cunt. on back)
_ -y I' I a4t Els fbove bargained premises In the quiet and peaceable possession of the said party of the second part, its sue-
- - "" to,eessors .dl(' signs against all and every person or persons lawfully claiming or to claim the whole or any part
''A--- we.. .�• j� •
-fi thw(55pPf,the.441,party of the first part*hall and will WARRANT AND FOREVER DEFEND.
•�u a�v 'r fN WITNESS WHEREOF,The said party of the first part bath caused its corporate name to he hereunto sub-
. .i ',I �ib Lfi%s t. president,and its corporate seal to be hereunto affixed.attested by its
-y s lice'•`thq d'and year first above written.
g' ' Al t' h. auf�tJl.
a /
)Illk..CO BADQ{.��IAB�I.4_CQ'IPANY
r
. - e.rwa.n. By- reaa.,,c
• l v J t STATE OF COLORADO,
Si.
.al- Gi.4A)..Gmad...County of Daring._.............I
V.I'' atferdping instrument was acknowledged before me this 0124 dayof December,
Tr) ' as President and
--r- •p
Larry M. Baker
wl!Ian 'bYy Michael D. Croshek as Secretary of
. , f'; PO p\. .'The Colorado Triangle Company, •corporatism.
My notarial commission expire. My Commission expires Sept.II,1970
Yl f C . ''' Witness my hand and catkin seat
f�! J, addiku.a
-
��
• No.767. WARRANTY DaRO—tor.eaaba le Curn hr-Snidest rvbu.htse en.1521.55 Stout ate....Da..n.CetmJ. :eO.✓
' :_ `i vy aa> -, :_ - - :.
607 Recorded at—__D --oaoep d-bt.. MAR 1 19&8._.__—..
Reception No 15287:1J E.r:-
' _Recorder.
e� - 7 eeoidere tamp
THIS DEED, Made Otis ?IAA' day of January
���J.��J������...•••,,,,,, 69 .between Food Fair Stores, Inc. ;
a Corporation duly organised and existing under and by virtue of the law:
etthe State ofPennsylvania ,91dbu Wumncand doing
business in the State of Colorado as Cowan
jFeeders Co., of the first part and Eastman
'Kodak Company,
a corporation duly organized and existing under and by virtue of the laws
of the State of New Jersey ,of the se:oad part,
I WITNESS,That the said party of the first part,for and in consideration of the sum of
'Ten and No/100 — — — — — — — — — — - - — - — - — — — — - — — DOLLARS,
land other good and valuable consideration,
ito the said party of the first part in hand paid by the said party of the second part,the receipt whereof is hereby I
confessed and acknowledged,loath remind,released,sold,conveyed and QUIT CLAIMED,and by these presents doll.
remise,release,sell,convey and QUIT CLAIM onto the said party of the second part,Its successors and assigns
! forever,all the right, title,interest,claim and demand which the said party of the first part bath in and to the ,__,-
: following described property situate. lying and being is the County of Weld
and State of Colorado,to wit:
All of the 5-1/2 of the N.E.1/4, all of the S-1/2 of
'I the N.W.1/4, all of the 5-1/2 of the S.W.1/4 all of the ii
W-1/2 of the S.E.1/4, all in Sec. 34, Township 6N, R67W I
ij of the 6th P.M.. and a portion of Section 3, T5N, R67W of
1; the 6th P.M. further described in Book 562, reception No.
I 1,484,198.
I;
i
II
li
;1 TO HATE AND TO HOLD the same,together'with all and singular the appurtenances and privileges thereunto
ILbelonging,or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the Ii
aaid party of the first part,either in law or equity,to tbu only propey use,benefit and hehoof of the said party of the II
nod part,its successors and assigns forever.
IN WITNESS WHEREOF,The said party of the first part bath caused its corporate name to be hereunto II
I subscribed by lea President,and its corporate seal to be hereunto affixed,attested by its II
Secretary,the day en ar fi t de.written.
I
II " / FOOD FAIR STORES, a 'I
Attest:
II ...__ r. iCUer s....,.rr. II
INC.,
1ij Pennsylvania Corporation, doing,,,,,,
iI business in the State of Co4ottde- °-.
Ii as Cowan Feeders Co. pp :
I i SEAL ....._ ._.... .___ _____
3 M. Friedland— . �P. ,v;awsat,6 V...‘11? :
Ii // '-S.NT1k el V 31yq fc)
'.ueeyi.�rr�/
•
M.NNa Ii,VAT A ver,�l,,,,,
• STATE OFICIt Opf j,,
Philadelphi "
.- ..__....—County of...
. The foregoing instrument was acknowledged
s g before me this 3 1 j°'t' day of January •
I1969 ,by J. M. Friedland as President and ',
i; B. F. Lieber as Secretary of j
1! 'i
Food Fair Stores, Inc., a Pennsylvania corporation. i,
i. doing business in the State of Colorado as Cowan Feederw s, .
hly commission erp tiree i�s
nWitness my hand and official sent.O_ l
__. `` l kr o4v bum l i
..0 F GHN. .CARR E
PokriAWaNptyansi phu fe.Wif II
a LvgYyFP,,NI414,Inn
.825. QUIT CLAIM DEED.--C.,q . nba,.a.., Corper —Staferd Pub!bbbe Ce.larbLL Meat Street,er ' ' ondo
y ./ Er„,"
"m c
,,,, 619 5� p JAN �fi
M b,p d d N.�/NeN .M....._.___.......—
a.'wp_ 1540953 Ann Sporn..,Row*.
• WARRANTY DEED �. -
I (Statutory Form)
o- KNOW ALL MEN BY THESE PRESENTS:
rn That George F. Kern and Company, a co-partnership of
c" Weld County, Colorado (hereinafter referred to as "Seller"), for
o the consideration of Ten Dollars and other good and valuable
a consideration in hand paid, hereby sells and conveys to Eastman
ti Kodak Company, a New Jersey corporation. the local address of
..; which is East Walnut Street, Windsor, Colorado, 80550, the fol-
... lowing real property situate in the County of Weld and State o
N Colorado, to-wit: a r
r NW 1/4 W 1/2 W 1/2 NE 1/4, SW 1/4 a
O and W 1/2 SE 1/4 of Section 27, i
O Township 6 North, Range 67 West !s
of the 6th P.M.
and h
N N 1/2 NW 1/4 and NW 1/4 NE 1/4 of 1
! Section 34, Township 6 North, Range B
67 West of the 6th P.M.
TOGETHER WITH all minerals and mineral rights owned
by Seller,
TOGETHER WITH any and all water and water rights , ditches
and ditch rights, flumes, canals and reservoirs appurtenant or
relating thereto, including but not limited to 24 shares of stock
in The Whitney Irrigation Company and 15% of the stock of The Kern p
t Reservoir and Ditch Company (all hereinafter referred to as the
@ "water rights"), ' 0 - - -
0
`e AND TOGETHER WITH all its appurtenances and improve-
n ments thereon, and warrants the title to the same; except any of
and all assessments of any and all districts; except restrictions o
including liquor restrictions; except reservations now of record; o ,
except easements and rights of way for highways, railroads, pipe- ,1'4
lines, ditches and utilities of record; except zoning ordinances
and resolutions; and except general property taxes for 1969 and
subsequent years. Seller excludes the water rights from its 0-
warranty herein. ''
I
Until March 1, 1970, Seller reserves the right to posses- .
sion of the brick house and corrals now occupied by Mr. Jake Hoff-
man. Until January 10, 1970, Seller reserves the right to possession ___
of the frame house adjacent to the brick house now occupied by Mr. •
Jake Hoffman. As long as Seller is in possession of said houses
and corrals, it shall bear the risk of loss with respect thereto.
.4 Tanugr qn •
a'l EXECUTED this ? day of issa> , 1984.
•
.,..�.--" GEORGE F. KERN AND COMPANY,
a co-partnership r
pp o
By t6ce zI,/r{& o
// Partner
By1144NO.1. 1.XtlyTru67le
Partner ti
BYxi^ / a,- ,/ee Partner
R
By ,CJs ..._.- 4,<::...i
d Partner By (i aA-.�-d .�Jj, -- -e�1' ?,
Partner
All of the partners of George F. Kern ..
and Company, a co-partnership
I
1540953
'Gay 619 ; . 7s
-• STATE OF COLORADO )
n ) es.
County of (,vt� )
The foregoing instrument was�ar�cknowledged before me
this N/n1 n- -_: day✓'^of Deaeebher, lgee, by .` CA4hoW. "6413_ ,
( atto W. "J- 0 Twat , \ai.aCvt Q. l .t.N ,
e64.044. ....R, 804, A:. W cti-kiwe , all as
partners of Geo a F. Kern and Company, a co-partnership.
WITNESS my hand and official seal.
My commission expires: Op aipkm I 74
`tel .A8 P �NO ar ub
- I ��OTARy`:s y
+'. 1/2\_\c it,
•
,b
I
hl
-2-
.
,.. . , -- -
619
r �• �g A -AN 121970
ter°'` •
„„..,,......1,541299 ✓
Am SD.,+I.,�..•dMwni
'2 ' I
rpC.
O
400, 619rt, I -,a pJAN 2 1970Reconled.,
• Roc Na 1540953 _..A,, soon..,R.co*
WARRANTY DEED A -
I (Statutory Form)
a. KNOW ALL MEN BY THESE PRESENTS:
cn That George F. Kern and Company, a co-partnership of
Weld County, Colorado (hereinafter referred to as "Seller") , for
o the consideration of Ten Dollars and other good and valuable
? consideration in hand paid, hereby sells and conveys to Eastman
.IIN-, Kodak Company, a New Jersey corporation, the local address of
""
.*, which is East Walnut Street, Windsor, Colorado, 80550, the fol-
�, lowing real property situate in the County of Weld and State o
fk
N Colorado, to-wit: fi as k,
r NW 1/4, W 1/2 W 1/2 NE 1/4, SW 1/4 f -
o and W 1/2 SE 1/4 of Section 27,
o Township 6 North, Range 67 West (z
of the 6th P.M.
and ,o i
o bL;L. g
NJ r, N 1/2 NW 1/4 and NW 1/4 NE 1/4 of
. Section 34, Township 6 North, Range
gi 67 West of the 6th P.M.
TOGETHER WITH all minerals and mineral rights owned
by Seller,
— o TOGETHER WITH any and all water and water rights, ditches
O and ditch rights, flumes, canals and reservoirs appurtenant or
r"; relating thereto, including but not limited to 24 shares of stock
in The Whitney Irrigation Company and 15% of the stock of The Kern
tt Reservoir and Ditch Company (all hereinafter referred to as the
"water rights"),
I s`` AND TOGETHER WITH all its appurtenances and improve-
I ments thereon, and warrants the title to the same; except any
{ and all assessments of any and all districts; except restrictions o
°' including liquor restrictions; except reservations now of record; o
c except easements and rights of way for highways, railroads, pipe- .4
o, lines, ditches and utilities of record; except zoning ordinances
and resolutions; and except general property taxes for 1969 and
el
subsequent years. Seller excludes the water rights from its .a-1
u\ warranty herein.
el
C.1
Until March 1, 1970, Seller reserves the right to posses- I
sion of the brick house and corrals now occupied by Mr. Jake Hoff- I
n man. Until January 10, 1970, Seller reserves the right to possession
-o of the frame house adjacent to the brick house now occupied by Mr. •
o Jake Hoffman. As long as Seller is in possession of said houses
O and corrals, it shall bear the risk of loss with respect thereto.
O TA NNgr 7ry�n •
EXECUTED this 11 day of , 1954. - - -
•
., GEORGE F. KERN AND COMPANY,
n
a co-partnership r
d it i o
By rk-t e,,- f/,2/r f t o o
�� Partner
os
By C/�.O.r/].�• %l'. cC7f 776.64 '1=
Partner 074
/^ - -
�lx S�-v -a
Bye . w.,.n� 1 -,
Partner
By if <A-i1
�U Partner
By �/!!�3 t-t - ✓dle ,
Partner
All of the partners of George F. Kern _
and Company, a co-partnership
'°c' 619 •o'' 619 1541299 1540953
STATE OF COLORADO )
) ss.
County of U' '
The foregoing instrument was acknowledged before me
(S this 2nd day of January, 1970, by C�° w•
CJ4nfG�W. K 7e at , 9At.4- /), % t) ,
E t `y'�'"�''�",(,J, n.j . eskie A:. W aikino , all as
partners of GeoI$e F. Kern and Company, a co-partnership.
WITNESS my hand and official seal.
Cu,r My commission expires: eV CON l 71,
•••,s : No ary ub
• ISM •
t' PU2L1C a
•
-2-
ot-cto- omit
Recorded aLQ _o'clock "..At,
1 V
W ((�� Reception No_.._.._ .6x21 M
40_ --_ ___ S. LEE EHEE, IR. Recorder.
/
Recorder's Stamp
THIS DEED, Made this Seventh day M March
19 74 ,between HARRY A. YELEK and NELDA J. YELEK
,,e
of the County of Weld and State of
Colorado,of the first part,and
EASTMAN KODAK COMPANY, a corporation
organized and existing under end by virtue of the laws of the State of
New Jersey ,of the second part:
WITNESSETH,That the said part ies of the first part,for and in consideration of the sum of
Ten Dollars and other good and valuable consideration AMU=
to the said parties of the first part in hand paid by the said party of the second part,the receipt whereof
is hereby confessed and acknowledged, ha ye remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents do remise,release,sell,convey and QUIT CLAIM unto the said party of the second part,its
successors and assigns forever,all the right,title,interest,claim and demand which the said part ies of the
first port have he and to the following described real property
situate,lying and being in the County of Weld and State of Colorado, to wit:
See Exhibit A attached hereto and made a part hereof;
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto
belonging or in unwise thereinto appertaining,and all the estate,right,title,interest and claim whatsoever,of the
'__ of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party
of the second part,its successors and assigns forever.
IN WITNESS WHEREOF,The said part ies of the first part ha ye hereunto set the irhand s
and seal s the day and year first above written.
Signed,Sealed and Delivered in the Presence of .[SEAL]
HARI[Y A. YELEK
[SEAL]
- -._ —[SEAL]
[SEAL]
STATE OF COLORADO,
I Ie.
County of Weld
The foregoing instrument was acknowledged before me this •r to day of �'��Lvt`�-�l
Ig...74„bye HARRY A. YELEK and NELDA J. YELEK.
: My�ddd,missien expires 1H]' am , 1a .Witness my hand and official seal.
riF - C mission expires Nov.22,'191 / `
o: \oTAM• _, ' � / 10, 1lj}l;
•
Lel
yaeud
1C
,
y. yp
• in allOmsT-in-lac,tWitrinse t samme of pehem laee exne r.a[abr ey-ht bfaete it o her capacitr or deecrlpnon:o if err ffl��f r r-
notation,then Insert name of one:officer or officers,as the president or other officers of nob corporation,naming It—ateiutory
'710 1632140
a- i
EXHIBIT A
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER (SW1/4)OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 34 AND CONSIDERING THE
EAST LINE OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION
34 TO BEAR SOUTH 10°38'34" EAST AND WITH ALL BEARINGS HERE-
IN BEING RELATIVE THERETO;
THENCE SOUTH 10°38'34" EAST, ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER (SW1/4) 1198.95 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 10°38'34" EAST, ALONG THE EAST LINE
OF SAID SOUTHWEST QUARTER (SW1/4) , 25.83 FEET TO THE SOUTH-
EAST CORNER (SECOR) OF THE NORTH HALF OF SAID SOUTHWEST
QUARTER (N1/2SW1/4)
THENCE CONTINUING SOUTH 10°38'34" EAST, ALONG THE EAST LINE
OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 34, 68.58
FEET;
THENCE SOUTH 90°00'00" WEST, 222.35 FEET;
THENCE SOUTH 00°00'00" EAST, 225.00 FEET, TO THE NORTH LINE
OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN BOOK 602, RECEP-
TION NUMBER 1524120, RECORDED IN THE WELD COUNTY RECORDS.
THENCE SOUTH 90°00'00" WEST, 2683.99 FEET ALONG SAID NORTH
LINE TO A POINT ON THE EAST RIGHT OF WAY LINE OF COLORADO
STATE HIGHWAY 257;
THENCE ALONG SAID EAST RIGHT-OF-WAY LINE BY THE THREE rULLOWING
BEARINGS AND DISTANCES:
NORTH 13° 20' 36" WEST, 180.50 FEET;
SOUTH 87° 08' 15" WEST, 4.26 FEET;
NORTH 13° 34' 40" WEST, 107.02 FEET TO A POINT
ON AN EXISTING FENCE;
THENCE NORTH 88° 40' 39" EAST, ALONG SAID EXISTING FENCE
2960.72 FEET TO THE TRUE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 19.90 ACRES.
When recorded return to: 131134 illll I'I'I VIII VIII%%VIII I'll'VIII llI Illll llll llll
Frank L.Robinson,Esq.
t% Otten Johnson Robinson Neff&Ragonetti P.C. 0221 11115/2005 03:43P Weld oreflOcounty. C
1,/ 950—17th Street,Suite 1600 0101,121128111,1141111.1510110211p
R 41.00 0 200.80 Steve Moreno Clerk& Recorder
Denver,CO 80202
SPECIAL WARRANTY DEED
(West Property)
This SPECIAL WARRANTY DEED("Deed")evidences a conveyance by EASTMAN KODAK
COMPANY,a New Jersey corporation,whose address is 343 State Street,Rochester,NY 14650-0208
("Grantor"), to BROE LAND ACQUISITIONS II, LLC,a Colorado limited liability company
("Grantee"),whose address is 252 Clayton Street,Fourth Floor,Denver, CO 80206, Attention: Mr.Alex
Yeros.
Grantor, for and in consideration of the sum of$10,00 and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed,
and by these presents does grant,bargain, sell,convey and confirm unto Grantee, its successors and
assigns forever, the real property located in Weld County, Colorado(the"County")which is described on
Exhibit A attached to this Deed(the"Property"),together with(i)the buildings,fixtures and other
improvements owned by Grantor and located on that Property,(ii)all development rights and air rights
relating to the Property,any rights to any land lying in the bed of any existing dedicated street, road or
alley adjoining the Property and to all strips and gores adjoining the Property,and any other easement,
rights-of-way or appurtenances used in connection with the beneficial use and enjoyment of the Property,
and(iii)all and singular the other hereditaments and appurtenances thereto belonging, or in anywise
appertaining,and the reversions,remainders,rents,issues and profits thereof,and all the estate,right,
title, interest,claim and demand whatsoever of the Grantor,either in law or in equity, of, in and to the
Property,and all hereditaments and appurtenances; but excluding from this Deed(a)any and all minerals,
oil,gas and other hydrocarbon substances on and under the Property,which are being conveyed by a
separate Bargain and Sale Mineral Deed of even date herewith,(b)all water and water rights of any kind,
wells and well permits and rights,groundwater and groundwater rights,ditches and ditch rights,
reservoirs and reservoir rights,storage rights, springs and spring rights,and ditch and water company
stock,whether decreed or undecreed,appurtenant to or historically used in connection with the Property,
whether in the nature of tributary,non-tributary or not non-tributary interests, which, to the extent
conveyed to Grantee, are being conveyed by a separate Water Rights Deed and certain other instruments,
each of even date herewith,and(c)the equipment, fixtures and other improvements owned by Grantor
and located within the easements covered by that certain Easement Agreement of even date herewith,
pursuant to which Grantee is granting to Grantor certain easements over the Property to benefit the
adjoining property retained by Grantor,which Easement Agreement will be recorded subsequent to this
Deed.
TO HAVE AND TO HOLD the Property,with the appurtenances unto Grantee, its successors
and assigns forever. And Grantor, for itself,its successors and assigns,does covenant and agree that
Grantor shall and will WARRANT AND FOREVER DEFEND the Property and appurtenances and the
title to it in the quiet and peaceable possession of Grantee,its successors and assigns,against all and every
person or persons claiming or to claim the whole or any part thereof by,through, or under Grantor, except
for the lien of taxes and assessments for the current year and all subsequent years and the matters shown
on Exhibit B attached to this Deed.
Dated: As of NovemberJ2005.
EASTMAN KODAK COMPANY,
a New Jersey corporation
By; i
lLCCIC
Its: GG `Fj'
1111111 11111 °III 1111111111111111111111 III 11111 IIII IIII
3340221 11115/2005 03:43P Weld County, CO
2 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
STATE OF NEW YORK )
)ss.
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 7.8 day of October,2005,by
Mani L 3r rieLet..4{- as u!u-Presto(e uf- of EASTMAN KODAK COMPANY, a New
Jersecorporation.
Witness my hand and official seal. 9 �
: y�.�
Notary Public `
My commission expires:
MARK R `.RIGHT
Notary Public orate of New York
Monroe County
Commission Expires September 11. Y
r
2
•
11111111111111111111111111111111111111III11111IIIIIIII
3340221 11/15/2005 03:43P Weld County, CO
3 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
EXHIBIT A
Legal Description
West Property
A TRACT OF LAND SITUATE IN SECTIONS 27 AND 34, TOWNSHIP 6 NORTH, RANGE 67
WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL I:
THE NW 1/4; THE SW 1/4; THE W 1/2 OF THE NE 1/4; THE W 1/2 OF THE SE 1/4; AND THE NE
1/4 OF THE NE 1/4 OF SECTION 27, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.;
COUNTY OF WELD, STATE OF COLORADO;
EXCEPT PARCELS CONVEYED TO WELD COUNTY BY DEEDS RECORDED JUNE 24, 1936 IN
BOOK 995 AT PAGES 165, 166 AND 167;
AND EXCEPT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS BY DEED
RECORDED JANUARY 6, 1964 IN BOOK 502 AT RECEPTION NO. 1425440; AND EXCEPT
PARCEL CONVEYED TO THE TOWN OF WINDSOR BY DEEDS RECORDED JUNE 2, 1995 AT
RECEPTION NO. 2440899 AND 2440900.
PARCEL II:
THE N 1/2 OF THE NW 1/4;THE SW 1/4 OF THE NW 1/4; THE NW 1/4 OF THE NE 1/4; AND THE
SW 1/4 OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY
OF WELD, STATE OF COLORADO;
EXCEPT PARCELS CONVEYED TO WELD COUNTY BY DEEDS RECORDED JUNE 24, 1936 IN
BOOK 995 AT PAGES 162, 163, 165 AND 167;
AND EXCEPT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF
COLORADO BY DEED RECORDED JANUARY 14, 1963 IN BOOK 1635 AT PAGE 375;
AND EXCEPT PARCEL CONVEYED BY DEED RECORDED NOVEMBER 20, 1968 IN BOOK 602
AT RECEPTION NO. 1524120;
AND EXCEPT PARCEL CONVEYED BY DEED RECORDED MAY 14, 1970 IN BOOK 625 AT
RECEPTION NO. 1547170;
AND EXCEPT THAT PARCEL CONVEYED BY DEED RECORDED AUGUST 18, 1993 IN BOOK
1398 AT RECEPTION NO.2346661;
AND EXCEPT THAT PORTION OF THE SW 1/4 LYING EAST OF THE EAST BANK OF THE
POUDRE RIVER BRANCH THAT RUNS GENERALLY IN AN SOUTHEASTERLY-
NORTHWESTERLY DIRECTION.
THE ABOVE-DESCRIBED PARCELS ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHWEST CORNER OF SAID SECTION 27, AND CONSIDERING THE NORTH LINE
OF THE NORTHWEST QUARTER OF SAID SECTION TO BEAR N89°24'06"E,WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO, BOTH ENDS OF SAID LINE BEING
MARKED BY A 3-1/4" ALUMINIUM CAP STAMPED PLS 20685; (SAID BEARING IS A GRID
BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE,
NORTH AMERICAN DATUM 1983(1992), DETERMINED BY GEODETIC (GPS)
OBSERVATIONS);
THENCE N38°30'46"E, 82.39 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF
EASTMAN PARK DRIVE AS DESCRIBED IN THE DEEDS TO THE TOWN OF WINDSOR
A-I
• 111111111111 11111 1111111111111111111111 I I 111111 I I I I I I I I
3340221 11/15/2005 03:43P Weld County, CO
4 of 8 R 41.00 0 200.80 Steve Moreno Clerk& Recorder
RECORDED AT RECEPTION NOS. 2440899 AND 2440900, SAID POINT ALSO BEING THE
POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,N89°24'06"E, 2,557.30 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'43"E,
2,606.54 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 27;
THENCE SOO°31'48"E, 1,256.24 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO
SECTIONS 26 AND 27;
THENCE 589°27'56"W, 1,305.13 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID
SECTION 27;
THENCE S00°27'03"E, 1,320.03 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION
27;
THENCE S00°27'03"E, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER COMMON TO
SECTIONS 27 AND 34;
THENCE S05°33'47"E, 1,328.57 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID
SECTION 34;
THENCE S89°42'22"W, 1,191.15 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION
34;
THENCE S89°43'52"W, 1,431.99 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID
SECTION 34;
THENCE S05°29'44"E, 1,323.82 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION
34;
THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34,
N89°49'11"E, 112.45 FEET TO A POINT ON THE NORTH TOP BANK OF THE CACHE LA
POUDRE RIVER;
THENCE ALONG SAID NORTH TOP BANK THE FOLLOWING NINE(9)COURSES:
1. S47°39'54"E, 96.16 FEET;
2. $63°19'51"E, 145.64 FEET;
3. $63°20'24"E, 165.53 FEET;
4. 561°36'06"E, 178.58 FEET;
5. S55°49'36"E, 343.62 FEET;
6. S39°11'21"E, 666.47 FEET;
7. S47°14'02"E,241.40 FEET;
8. S42°09'12"E, 112.35 FEET;
9. S24°37'22"E, 22.47 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL
DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 1547170 IN THE OFFICE OF THE
WELD COUNTY CLERK AND RECORDER;
THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL THE
FOLLOWING TWO(2)COURSES:
1. S89°59'27"W, 15.96 FEET;
2. S00°00'33"E, 46.00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL
DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 2346661 IN THE OFFICE OF THE
WELD COUNTY CLERK AND RECORDER;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING SEVEN (7)
COURSES:
1. S18°51'49"W, 157.80 FEET;
2. S65°58'22"W,77.05 FEET;
3.N89°44'14"W, 1,157.23 FEET;
4. N89°48'21"W, 890.75 FEET;
5. N74°12'22"W, 112.97 FEET;
6. S75°08'30"W,90.32 FEET;
A-2
11111111111111111111111111111I1111 HIII III11111111 11
3340221 11/15/2005 03:43P Weld County, CO
5 of 8 R 41.00 0 200.80 Steve Moreno Clerk& Recorder
7. 588°11'36"W, 326.44 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE
HIGHWAY 257;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING EIGHT (8)
COURSES:
1.N13°20'56"W, 145.27 FEET;
2. S87°07'44"W,32.66 FEET;
3.N13°35'36"W, 1,187.51 FEET;
4. 395.88 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,697.50
FEET, A CENTRAL ANGLE OF 13°21'44", AND A CHORD WHICH BEARS N06°54'44"W, 394.99
FEET;
5.N00°13'53"W, 2,428.29 FEET;
6. N00°13'54"W,2,633.31 FEET;
7.N00°13'30"W,2,559.07 FEET;
8.N51°58'19"E, 13.99 FEET TO THE POINT OF BEGINNING.
A-3
Minn Ell 111111111111111 III 11111 Ell IIII
3340221 11/15/2005 03:43P Weld County, CO
6 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
EXHIBIT B
Permitted Exceptions
1. TAXES AND ASSESSMENTS FOR THE YEAR 2005 AND SUBSEQUENT YEARS.
PARCEL I:
2. RIGHT OF WAY EASEMENT AS GRANTED TO DENVER PACIFIC RAILWAY AND
TELEGRAPH CO IN INSTRUMENT RECORDED APRIL 29, 1870, IN BOOK 1 AT PAGE 540.
3. LIQUOR RESTRICTIONS OF RECORD,WHICH CONTAIN A FORFEITURE OR REVERTER
CLAUSE, WHICH PROVIDE THAT INTOXICATING LIQUORS SHALL NEVER BE
MANUFACTURED, SOLD, OR OTHERWISE DISPOSED OF AS A BEVERAGE IN ANY
PLACE OF PUBLIC RESORT IN OR UPON THE PREMISES OR ANY PART THEREOF,AS
CONTAINED IN INSTRUMENT RECORDED MARCH 13, 1871 IN BOOK 2 AT PAGE 207.
4. LIQUOR RESTRICTIONS OF RECORD,WHICH CONTAIN A FORFEITURE OR REVERTER
CLAUSE, WHICH PROVIDE THAT INTOXICATING LIQUORS SHALL NEVER BE
MANUFACTURED, SOLD,OR OTHERWISE DISPOSED OF AS A BEVERAGE IN ANY
PLACE OF PUBLIC RESORT IN OR UPON THE PREMISES OR ANY PART THEREOF,AS
CONTAINED IN INSTRUMENT RECORDED IN BOOK 4 AT PAGE 304,393,496, 510 AND
534 .
5. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 28, 1874,
IN BOOK 12 AT PAGE 90.
6. LIQUOR RESTRICTIONS OF RECORD,WHICH CONTAIN A FORFEITURE OR REVERTER
CLAUSE,WHICH PROVIDE THAT INTOXICATING LIQUORS SHALL NEVER BE
MANUFACTURED, SOLD,OR OTHERWISE DISPOSED OF AS A BEVERAGE IN ANY
PLACE OF PUBLIC RESORT IN OR UPON THE PREMISES OR ANY PART THEREOF, AS
CONTAINED IN INSTRUMENT RECORDED JUNE 03, 1882 IN BOOK 36 AT PAGE 9.
7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 16, 1888,
IN BOOK 51 AT PAGE 83.
8. TERMS,CONDITIONS AND PROVISIONS OF OUTSIDE OF CITY WATER AGREEMENT
RECORDED AUGUST 12, 1953 IN BOOK 1364 AT PAGE 349.
9. TERMS,CONDITIONS AND PROVISIONS OF DEVELOPMENT PLAN RECORDED MAY 12,
1972 AT RECEPTION NO. 1589466.
10. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 02, 2001,UNDER RECEPTION NO. 2829571.
11. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MAY 09,2001, UNDER RECEPTION NO.2847392.
B-1
1111111 11111 HIE 1111111 11111 11111 Illll III 11111 ll IIII
3340221 11/1512005 03:43P Weld County, CO
7 of 8 R 41.00 0 200.80 Sleve Moreno Clerk& Recorder
12. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MAY 09,2001,UNDER RECEPTION NO. 2847393.
13. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 18,2002,UNDER RECEPTION NO. 2934453.
14. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED AUGUST 12, 2003,UNDER RECEPTION NO. 3094212.
PARCEL II:
15. RIGHT OF WAY EASEMENT AS GRANTED FOR DRAIN TILE IN INSTRUMENT
RECORDED NOVEMBER 20, 1916, IN BOOK 459 AT PAGE 154.
16. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED DECEMBER 04, 1961, IN BOOK 1601 AT PAGE 206,AND
ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN,
17. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT RECORDED
JANUARY 14, 1963,IN BOOK 1635 AT PAGE 374.
18. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED OCTOBER 09, 1963,UNDER RECEPTION NO. 1418692 IN
BOOK 492,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
19. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED JUNE 09, 1967,UNDER RECEPTION NO. 1504478 IN
BOOK 582, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
20. UNDIVIDED 1/4 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS
RESERVED IN DEED RECORDED FEBRUARY 02, 1968,UNDER RECEPTION NO. 1512699
IN BOOK 591, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
21. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT PLAN RECORDED MAY 12,
1972 AT RECEPTION NO. 1589466.
22. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED JANUARY 14, 1975,UNDER RECEPTION NO. 1651931 IN BOOK 730.
23. TERMS,CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED
AUGUST 18, 1993 AT RECEPTION NO. 2346662 IN BOOK 1398 AND ASSIGNMENT AND
AS PTIQN AGREEMENT RECORDED NOVEMBER 1572005 AT RECEPTION NO.
'71.5424. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 11,
1999 AT RECEPTION NO. 2672770 AND AMENDMENT RECORDED NOVEMBER 19, 1999
AT RECEPTION NO.2733550.
25. OIL AND GAS LEASE RECORDED OCTOBER 30, 2000 UNDER RECEPTION NO. 2803467
AND DECLARATION RECORDED MAY 6,2004 AT RECEPTION NO. 3178056 AND ANY
AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.
B-2
I IIIIII 11111 lit 1111111 11111 11111 11111 III IIIII IIII III
3340221 11/15/2005 03:43P Weld County, CO
8 of 8 R 41.00 D 200.80 Steve Moreno Clerk& Recorder
26. RIGHT OF WAY EASEMENT AS GRANTED TO WINDSOR IN INSTRUMENT RECORDED
MAY 09,2001,UNDER RECEPTION NO. 2847393.
27. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 18,2002,UNDER RECEPTION NO. 2934453.
28. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT
RECORDED AUGUST 12,2003,UNDER RECEPTION NO. 3094212.
29. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MAY 05, 2004, UNDER RECEPTION NO. 3177518.
30. RIGHT OF WAY EASEMENT AS GRANTED TO TOWN OF WINDSOR IN INSTRUMENT
RECORDED MARCH 14, 1972,UNDER RECEPTION NO. 1585520 IN BOOK 664.
31. MATTERS AS SET FORTH ON SURVEY BY TST,INC.,BEING:
WATER LINES IN NORTHEAST CORNER OF SECTION 27(NENE)
RIGHT OF WAY FOR WHITNEY DITCH
RIGHT OF WAY FOR LAW DITCH
RIGHT OF WAY FOR POWER LINE
WILDLIFE VIEWING TRAIL AND PARKING LOT
32. RIGHT OF WAY EASEMENT AS GRANTED TO KERR-MCGEE GATHERING LLC IN
INSTRUMENT RECORDED MAY 10, 2005,UNDER RECEPTION NO. 3284958.
.r-
B-3
-� CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Lawyers Title Insurance Corporation hereby certifies that it has made a careful search
of its records and finds the following conveyances affecting the real estate described
herein since August 30, 1972, and the most recent deed recorded prior to August 30,
1972.
LEGAL DESCRIPTION
SEE ATTACHED EXHIBIT "A"
CONVEYANCES (If none appear, so state):
Reception No. 1282936 Book 1508
Reception No. 1525030 Book 603
Reception No. 1528733 Book 607
Reception No. 1529333 Book 607
Reception No. 1529338 Book 607
Reception No. 1584502 Book 663
Reception No. 1614348 Book 692
Reception No. 1615870 Book 694
Reception No. 1924812 Book 994
Reception No. 2208864 Book 1259
Reception No. 2208865 Book 1259
Reception No. 2237368 Book 1286
Reception No. 3349268 Book
Reception No. 1547170 Book 625
Reception No. 3295099 Book
Reception No. 3349269 Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby
limited to the fees paid for this Certificate.
In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to
be signed by its proper officer this 21st day of March, 2006, at 7:00 am.
Order No. LTTL0000820
Lawyers Title Insurance Corporation
By
cJ
Authorized Signature
•
�-. File No. LTTL0000820
EXHIBIT A
The Southeast 1/4 of the Northwest 1/4, the Northeast 1/4 of the Northeast 1/4, the South
1/2 of the Northeast 1/4, and the Southeast 1/4 of Section 34, Township 6 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado.
Excepting therefrom a parcel conveyed to the Town of Windsor in Deed recorded May 14,
1970 in Book 625 at Reception No. 1547170.
Also Exception therefrom that part conveyed to Broe Land Acquisitions II, LLC, a Colorado
limited liability company recorded December 21, 2005 at Reception No. 3349269.
and
The West 1/2 of Section 35, Township 6 North, Range 67 West of the 6th P.M., County of
Weld, State of Colorado.
Exception therefrom that part conveyed to Broe Land Acquisitions II, LLC, a Colorado limited
liability company recorded June 15, 2005 at Reception No. 3295099.
Also Exception therefrom that part conveyed to Broe Land Acquisitions II, LLC, a Colorado
limited liability company recorded December 21, 2005 at Reception No. 3349269.
i 1="",kVi.1',fir j , -14, ,ky u•,
e �
a ₹, '. ' t, 5 188tk n• �V-:u
��y4
34 4RIME• ,5� 4" o,.a.tNn ' '-fr -1ddb !' °,wtnr.R 3 �..
, T i-y-,p. • r WARRANTY DEED IN JO1lNT TENANCY ( . �r !,.
o• }'k} )'i` } QW MEN li'it THE,JSE PRESENTS, That Emanuel Weber.
o -II,'
aily ofWeld 4d 11tet�e d wColoreido, for the consideration of Ten
rr+ ) • d¢(1(gk v✓1uable considerations, In hand paid, hereby sells
' a -i John E 'Wqy�r and Eleanor Pauline Weber, of the County
` _S � `dj�aad 61a1e of Co or ido�. to'.pal,/ o S e said John E. Weber and + , .
,E page • utlnb Weber* no�'t iin tedano i iii common but in joint tenancy, I
1/4 ± , r `fit'bt them, it assigns, and the heirs and assigns of such 1•
o ' eni-i is the followingdreal estate and property, situate in the County of , t, /� !
RWeld ell4 tb to of Colorado, to wit '
F th Half ci this Souththwest Quarter(8 1/2 SW 114),
utb:Ralf of the Northwest Qua ter (131/2 NW 1/4) and the '
brih Half of the Southwest Quarter (N 1/2 SW 1/4) of Section ---- + '
.7 -five (88), Township Six (8)North, Range. Sixty-seven
:West of the Sixth Principal Meridian, containing 180
.
i acres of land, more or lees, according to the Government •."
survey thereof, together with 12 shares of the capital stock '
tii
of the Whitney Irrigation Company, :'
I. I together with all its appurtenances, and warrants the title to the same :I
I - mn
subject, however, to,the following: ' ,
I e,',. Excepting and reserving unto the grantor, his successors
j and-aSsi' r all of th oilgas and other minerals and *•`'k' `'
1 I gh . , ,
) - mineral rights in, upon and under said real estate, together � ����`�
` — `: with the full and free right to enter upon said premises .' '
_ and use so much of the surface thereof as may be i`; - - �I `
i - R.
reasonably necessary for operating, drilling and •1
marketing i,� , r I, ,
II the production thereof, and for the purposes of this reservation y ,
+
a III ; 2. Any and all reservations, limitations, conditions, and ; {
exceptions contained in instruments of record which in ,- , •�:.��i;
- any way relate to or burden the above bargained premises.
3. Future assessments of the Northern Colorado Water Con- , • '
tip. ,,;
,
- _ ' " - servancy District. ( .3', ;Ff+
vl.
.z,,,.ra�:,^.�; 4. Rights of way for roads, ditches, telephone lines, power
Sr lines, or other purposes as now located upon said premises. ' ';•,
I -
i '' 'r.5. 1959 taxes due and payable in 1960. _
�I Y i � )
6. Subject to an oil and gas lease now of record. . > i. , .'
r
Signed and delivered this 9th day of July, 1958. ,
' F .4 Emanuel Weber - . 1
+i' ''y} I ORADO )
'C foregoing instrument was acknowledged before me this 9th ,,,,,„m
S , 1088 by Emanuel Weber.
,' ' WITNESS my hand and official seal. ?•i
My commission expires:
*Comi4l;tiee,e:mlr!!December 4, 1961 Notary ••
ri' , 1.
rr }
t
`...� , ... ' ititst1Sysu'tr.�tra�'fa''mac i:'t .. - .. - ...
soot sea Recorded at 6°— -o`aocprs ...al DEC 16_1968—'----'_,---
neeepdna No 1525030 _--- ARM SPOSIER Rea➢roar. ma's 1p.277 7RECORDER'S STAMP
'IILI3 DEED, Made this 1 gLH day of December . ,19 68
between The Colorado Triangle Company,
' a corporation duly organised and existing under and by virtue of the taws I
of the State of Colorado of the first part,and
t Eastman Kodak Company,
i a corporation duly organized and existing under and by virtue of the laws
of the state of New Jersey of the second part:
1 WITNESSETH.That the said party of the first part,for and in consideration of the sum of
Ten Dollars and other good and valuable consideration 7LAXEEAYE
t
d to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
confessed and atlenowledged,bath granted,bargained,sold and conveyed,and by these presents does grant, bargain,
I Bell,convey and confirm.unto the said party of the second part,its successors sod assigns forever,all the following
described lots or parcels of land.situate,lying and being la the County of Weld I
and State of Colorado.to-wit:
54 Ny, 141/2 SE%, St SWk of Section 34, Township 6 North, Range 67 I
West of the 6th Y.M., tog. :her with any and all water and water
1
rights, ditch and ditch rights, flumes, canals and reservoir
rights appurtenant or relating thereto, including, but not
f limited to, 30 shares of stock in the 8. II. Eaton Ditch Company
i and 8 shares of stock in the Whitney Ditch Company, except that
portion of the Sulk of Section 34, Township 6 North, Range 67
West of the 6th P.H. conveyed to Harry A. Yelek and Nelda J.
it Yelek by Warranty Deed recorded in Book 602, reception No. l
.1 1524120.
i
i
NO DOCUMENTARY FEE REQUIRED
I TOGETHER, with all and singular the hereditament and appurtenances thereunto belonging, or in anywise
Iappertaining, and the reversion and reversions,remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or
equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the
said party of the second part,Its successors and assigns forever.And the said The Colorado Triangle
Company,
party of the first part,for itself,its successors and assigns,cloth covenant,grant,bargain and agree to and with the
said party of the second part,its successors and assigns,that at the time of the caseating and delivery of these pres-
ents it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of
inheritance,in law, in fee simple,and bath good right, full power and lawful authority to grant, bargain, sell and
convey the same in manner and form aforesaid. and that the same are free and clear from all former and other
grants,bargains,sales-liens,tames,assessments and encumbrances of whatever bind or nature soever: except the
1968 general property taxes and arty and all distract assessments for 1968; except
patent reservations in Book 51 at page 53 and in Book 955 at page 201; except an
I undivided 4 interest in all oil, gas and other minerals in deed recorded in
I! Book and the abo ve atr page 206; except rights of way as conveyed by deeds (cont. on hi., ;
t gained premises in the quiet and peaceable possession of the said party of the second part, its sit
ti cessors and assigns against all and every person or persona lawfully claiming or to claim the whole or any pal:
it Merced,`the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
jib ;tv 00 1n $$9ESS WHEREOF,The said party of the first part bath caused its corporate name to be hereunto sub-
...gilt/Scribed by its 4, president,and its corporate seal to be hereunto affixed.attested by its
d aecrRa.ry,y,the day-and year first above written.
0 •
5 at 71 g 'S 1_ e!J _ {yLfAD d]�,lIGLF�iCJ 027PAfllY.__.—
i rA 6LSF1(/s..c9—
_ By PraW.n,-
t 4 •. 4611-•/- eewt.w.
;T.ATE OF COLORADO.
`I CO, . s a a s.
_._r�cn.�md_Coanty of Brown t____.—. __
1Tae ioregom a g inanment was acknowledged berme me dd. i a�: ,say a
1968 ,by Larry M. Baker as President and
4,'CUtfq. - Michael D. Croshek as Secretary of
4.'
': '.y'-` a corporation.
J: Ar^, v The 'iolorado Triangle Company,
QT/1/r}- ''C My notarial commission expire. My Cos::iss.uncapimiept.1s,1971
v . ,1y�,- ; a _ Witness my hand and official L /4tt, _
I14 Menu !
No.75T_WARRANTY DEED..1:.ramnbn to c.rpenttee—mvare,d e.Lnehme Cu..1311.48 stout sired.Daunt. 'Wenda
•
S .
'SL£ aid as 5£g7 >toog u7
papaoaaa paap 6q paasaaa sa487a adaaxa pus !,L£ Bawd as 5£g7 mope u7
• papaoaaa paap Aq auamaaaa adaaxa !g9T egad le $66 agog 'h9T abed
ae 566 1100800g '£g7 aBed as 566 wog uT papaoaaa - (7 *Sod 'auea7 moa7 •auoa)
C--
oeoszsi cog )001
i 8
1
O r����....j 41J W ✓sa �gUg R W % W rilL
OO Fit
!
Wag 177 Recorded at . R.
°moo•tare A>u..-- MAR 14 s6.8.---. ..
Reception No IS28tY�;1 .—_ . $ RMosder. ar
i leaner
,/ florae a tamp
THIS DEED, Made this ?IAA" sew of January
69 .between Food Fair Stores, Inc.
a dorporation duly organised and existing under and by virtue of the laws
of`the State ofpenneylvania .010bAthetaratkana doing
business in the State of Colorado as Cowan
Feeders Co., of the first part and Eastman
'Kodak Company,
a eorporaHon duff organised and existing under and by virtue of the laws
i of the State of New Jersey ,of the se mad part,
WITNESS.That the said party of the first part,for and in consideration of the sum of
Ten and No/100 - - -DOLLARS
land other good and valuable consideration,
to the said party of the first part in hand paid by the said party of the second part,the receipt whereof is hereby
' confessed and acknowledged,bath remised,released,sold,conveyed and QUIT CLAIMED,and by these present.Both
remise,release,sell,convey and QUIT CLAIM unto the said party of the second part,Its successors and asaigna I
I forever,all the right,title,Interest.claim and demand which the said party of the first part bath in and to the
following described property situate, lying and being in the County of Weld —11— _
and State of Colorado,to wit:
• All of the 5-1/2 of the N.E.1/4, all of the S-1/2 of ;Ii
I
Ii the N.W.1/4, all of the S-1/2 of the S.W.1/4 all of the '
W-1/2 of the S.E.1/4, all in Sec. 34, Township 6N, R67W I
I of the 6th P.M. and a portion of Section 3, T5N, R67W of I
the 6th P.M. further described in Book 562, reception No.
h 1,484,198.
II
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto I
belonging,or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the J-eeid party of the first part,either in law or equity,to the only propey use,benefit and behoof of the said party of the I i
wad part,its successors and assigns forever.
IN WITNESS WHEREOF,The said party of the first part bath caused Its corporate name to be hereunto
Ii
I subscribed by its President,and its corporate seal to be hereunto affixed,attested by its
I Secretary,the day an ar II tab written. II
II Attest: ll
II
1!
r, ieaer s.....7—FOOD FAIR STORES, INC., a II
'i Pennsylvania Corporation, doing,,,,,, o business in the State of Co-}O!fide
I' as Cowan Feeders Co, t - ""-
i SEAL �,d ......° t,+� •.;
ee .r i
--�:-M. Friedland--' d.. +E�t
I� i `z i 4:4el V 3F� �oe?
yyy d _ 4 l
f P d,
mansI ave-ea/t „ 1�,,•
STATE OFJCAESHAZIOSX
—County of.Philadelphljpe. II
The foregoing instrument was acknowledged before me this 3 1 ea-t- day of January li•1969 ,by J. M. Friedland as President and II
I; B. F. Lieber I
I.
as Secretary of
I, Food Fair Stores, Inc., a Pennsylvania fit corporation. II
doing business in the State of Colorado as Cowan Fga&era., ii
My commission expires
Witness my hand and official seal. y,f 's II
r HI IINJ..EARR 1• .
t'e f�vvtMba"meek lm'— _
Il
o.VA V QUIT CLAD[DEED.--Cargn ba llu to Cer,ent —Bradford Peb'bhinr Co. e21-16 twat Street, ,ode
o -r 607 ✓J B3 MAR 281969
WOK MKwEW . [! .'dxL._1....__. . ..
.�C lj �]
Ann Spa,R.[OGr
•
'4-/
�. WARRANTY DEED
The Great Western Sugar Company, a Delaware corpora-
tion, whose principal office address is 1530 - 16th Street,
rn Denver, Colorado, Grantor, for the consideration of Ten Dollars , ; a
u
($10,00) and other good and valuable considerations in hand FG1
•�-� Vl
paid, hereby sells and conveys to Eastman Kodak Company, a co
New Jersey corporation, Grantee, the following real property in co
0 I .
the County of Weld, State of Colorado, to-wit:
co
51
"+ Parcel A
All of Sec. 28; the ESE} and the E'NEk of Sec. 29; /g1,90
the NE'NEk of Sec. 32; the NW', the NINE%, the
SW'NE%, WiSE6 and the SE}SE} of Sec. 33, all in
T. 6 N., R. 67 W. of the 6th P.M.
Except that part of the Eh of said Sec. 28 and
that part of the NExNE} of said Sec. 33 and that rn
part of the SEkSE'4 of said Sec. 33, all as described
in deed to The Northern Construction Company recorded .-3
in Book 271 at page 319; and
Except that part of the SECSE' of said Sec. 33 o•
described in Deed to Weld County recorded in Book 996
at page 620; and
Except that part of the NE'NWk of said Sec. 28 •
described in Deed to Town of Windsor recorded in
Book 1000 at page 83; and
•
Except that part of the SE'SE% of said Sec. 33,
described in Deed to H. V. Crumly and Mary Ruby Crumly •
recorded in Book 1593 at page 301, as corrected by
deed recorded in Book 1594 at page 514; andce
P1
Except that part of the NEI of said Sec. 29 described o
as Parcel No. 2 in Deed to County of Weld recorded O
under Reception No. 1486952 in Book 565.
Parcel B to
The Wk of Sec. 26; the EkSE} the EiNEk. and the
E§WpNEk of Sec. 27; the E'SE& and the NE%NEk of
Sec. 34; and the N'NW' of Sec. 35, all in T. 6 N. ,
R. 67 W. of the 6th P.M,
. 607. 1529333
• Parcel C
A parcel of land in the NE'Z of Sec. 21, T. 6 N., R. 67
W. of the 6th P.M. more particularly described as follows:
Beginning at an Iron Pin which marks the Southeast corner
of the Second Filing, Town of Windsor, according to the
plat thereof recorded in Book 3 of Maps at page 15 of the
records of the County of Weld, said corner also being
located at the intersection of the east line of East
Street with the south line of Locust Street of said Town;
thence northerly along the east line of East Street 866.61
feet to a point marked hv,an Iron Pin which is lC.C feet
southwesterly of, when measured at right angles to y the
centerline of a railroad spur track; thence along said
track southeasterly by the following bearings and dis-
tances, (said bearings being based on the bearing of the
original northerly property line of S. 70° 56' E.);
S. 48° 384' E. 267.50 feet to an Iron Pin; thence
S. 44° 404' E. 99.98 feet to an Iron Pin; thence
S. 48° 05' E. 100.00 feet to an Iron Pin; thence
S. 52° 40' E. 100.92 feet to an Iron Pin; thence
S. 57° 194' E. 99.83 feet to an Iron Pin; thence
S. 63° 49' E. 99.94 feet to an Iron Pin; thence
S. 70° 05'' E. 99.89 feet to an Iron Pin; thence
S. 70° 11' E. 100.02 feet to an Iron Pin; thence
S. 70° 02' E. 99.98 feet to an Iron Pin; thence
S. 68° 00' E. 100.00 feet to an Iron Pin at the
west end of a reinforced concrete coal storage pit
2.25 feet south of the northwest corner thereof;
thence S. 71° 14' E. 390.98 feet to an Iron Pin on
the north edge of said coal pit; thence S. 81° 084'
E. 51.44 feet to an Iron Pin; thence S. 89° 51}' E.
99.96 feet to an Iron Pin; thence N. 89° 30' E. 99.94
feet to an Iron Pin; thence S. 87° 42' E. 100.08 feet
to a point in the east line of said Sec. 21, 1339.97
feet south of the northeast corner of said Sec. ; thence
south along said Section line 271.25 feet to a point
marked by an Iron Pin; thence S. 85° 044.' W. 213.26
feet to a point marked by an Iron Pin in an existing
property line fence; thence with said property line
fence S. 81° 25§' W. 127.60 feet to a point marked
by an Iron Pin; thence with said fence S. 59° 31§' W.
305.6 feet to an Iron Pin; thence S. 66° 014' W.
345.92 feet to a point on the west side of the Lake
Supply Ditch; thence S. 46° 48' W. 432.17 feet along
the northwesterly bank of the said Lake Supply Ditch
to a point marked by an Iron Pin; thence N. 88° 37'
W. along a corral fence 508.0 feet, more or less, to
the east line of East Street of said Town of Windsor;
thence north along said east line of East Street 772
feet, more or less, to the point of beginning.
Together with all improvements located upon said
Parcels A, B and C;
- 2 -
.OO[ 607
V�J! _ 1529333
11--3
Together with all of the Grantor's right, title and
interest in and to 53 shares of the capital stock of The
Kern Reservoir and Ditch Company, 64 shares of the capi-
tal stock of The Whitney Irrigation Company, 86 shares
of the capital stock of The B. H. Eaton Ditch Company,
24 shares of the capital stock of The New Cache la
Poudre Irrigating Company, 2 shares of the capital stock
of The Windsor Reservoir and Canal Co., and 3 preferred
water rights in the Fossil Creek Reservoir of The North
Poudre Irrigation Company;
Together with all of the Grantor's right, title and
interest in and to tho n9Vi¢ G'epage P1trh and The
Consolidated Law Ditch;
Together with all of Grantor's right, title and
interest in and to all water and water rights employed
or used upon or appurtenant to said Parcels A, B and
C, but expressly excluding any water or water rights in
- the Northern Colorado Water Conservancy District evi-
denced by contracts between the Grantor and said Con-
servancy District;
Together with all of the Grantor's right, title and
interest in and to any ditches, ditch rights, flumes,
canals and reservoirs appurtenant to or used in connec-
tion with said Parcels A, B and C;
Subject to 1969 general taxes due and payable in 1970;
Subject, also, to reservations, restrictions, excep-
tions and conditions of record, and zoning statutes,
ordinances or regulations of record;
Subject, also, to easements, rights-of-way and grants
for roads, railroads, power lines, telephone lines,
sewer lines, pipe lines, ditches and laterals, exist-
ing or of record, and to the inclusion of said property
in Northern Colorado Water Conservancy District, West
Greeley Soil Conservation District and Windsor-Severance
Fire Protection District;
with all its appurtenances and warrants the title to the same,
subject to the foregoing, except that as to all water, water
rights, ditch and reservoir rights, the Grantor conveys only
all of its right, title and interest therein.
As a further consideration for the execution of
this deed by the Grantor, and without which this deed would
not have been executed, the Grantee hereby covenants and agrees
- 3 -
"oo" Gd7 1529333
- #-5/ •
that for the period of 20 years from and after the date hereof
the Grantee shall not use the real estate or improvements
• hereby conveyed or any thereof for the manufacture, process-
•
ing, distribution or sale of refined sugar, molasses, beet
pulp or any related beet sugar by-products and that this
covenant shall be construed as a covenant running with the
land and shall inure to the benefit of the Grantor, its
successors and assigns, and shall be binding upon the Grantee,
its successors and assigns, and all persons, firms or corpora-
tions claiming by, through or under them, or any of them.
Nothing herein shall prevent the Grantee from growing and
selling sugar beets on said'/Parcels A, B and C.
Signed this pap "3ay of March, 1969.
•.�C :,' S •r,•
THE GREAT WESTERN SUGAR COMPANY
AEt'e'st3• By i
Se President
(SEAL)
STATE OF COLORADO
) SS.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me
this aye day of March, 1969 by Robert R. Owen, as President,
and Robert A. Wherry, as Secretary of The Great Western Sugar
Company, a Delaware corporation.
Witness my hand and official seal.
•"`•L q• "••.,. My Commission expires:My Commission expires May 3,1969
uU r,_ci.ght) tary Public
;(-t - 4 -
•In :( poor 60'7. Recorded_ MAR 7 R 19rr9 at n
deck A.
r-t Reception Nn_ 1529338 cuu pep,.... Recorder.
QUIT CLAIM DEED /--/
/^^ N
7�t 7p ',� n_
alas flub. Made this pill.- day of t .a
I •
pc� Y March ,, 2�
e• ,A C ,
I In the year of our Lord one thousand nine hundred sixty-nine , b tv
�
a between --JOHN E. WEBER and ELEANOR PAULINE WEBER-- -
rrt of the County of Weld ,and the State of Colorado,of the ! •
En
y °•
i first part,and--EASTMAN KODAK COMPANY, a corporation organized and existing , '
N
m , . 8 4.>under and by virtue of the laws of the State of New Jersey--
, .. - •® ' ,of the
at
.,t
second part; WITNESSETH, That the said part ieanf the first part,and for and in consideration of
r- the sum of
o. TEN and no/100 -Dollars,
o to the said part ies of the first part in hand paid by the said part y of the second part,the re-
o ceipt whereof is hereby confessed and acknowledged, hashave remised, released, sold,conveyed and
QUIT CLAIMED.and by these presents do pe,G rgge.sell. covet.and QUIT CLAIM
-fa- unto the said part y of the second part, 1 t/K a aislgns forever,all the right,title,interest,'-"- _"----
`p claim and demand which the said parties of the first part ha ve in and to the following described
N real estate situate,lying and being in the County of WELD and State of Colorado,to-wit;
The West one-half of Section Twenty-six (VII le12 of Sec. 26),
The East one-half of the East one-half of Section Twenty-seven
(E 1/2 E 1/2 of Scc. 27),
q
The East one-half of the West one-half of the Northeast Quarter $
of Section Twenty-seven (E 1/2 W 1/2 NE 1/4 of Section 27), Cy
The Northeast Quarter of the Northeast Quarter of Section Thirty-four, •
the South one-half of the North one-half of Section Thirty-four, the m
o
South one-half of Section Thirty-four (NE 1/4 NE 1/4 of Section 34, in
...... S 1/2 N 1/2 of Sec. 34, S 1/2 of Sec. 34), ry
The North one-half of the Northwest Quarter of Section Thirty-five
(N 1/2 NW 1/4 of Sec. 35),
P
r,
all in Township 6 North, Range 67 West of the 6th P.M. '
I
To Have and To Hold the same, together with all and singular the appurtenances and priv-
ileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, in- a
terest and claim whatsoever,of the said part ies of the first part,either in law or muff',to the only
proper use,benefit and behoof of the said eery of the second part, itejsISPgNi.Wgns forever.
0
IN WITNESS WHEREOF,The said parties of the first part ha vehereunto setYleiriands
and seals the day and year first above written.
Signed in the Presence of L.' ?1,12 r-- (Seal) e
Q' h, "E. Weber) co
c:_ J.:Lte-'faak 4.24.--1:4`,..(Seal) o
( eanor P Wine"Weber) o
(Seal) o
FL
S1`�$')3'OP Fi $ADO,lsa The foregoing instrument was acknowledged before me
J a�r ma
i `',y>7 , i ° this c.f./ day of March ,A.D, l9 69, -
rl a•
•., yip; by JOHN E. WEBER and ELEANOR PAULINE WEBER,
o` c0‘" ', Witness my Hand and Official Seal.
My Commission Expires J"al^T' a, /57/
Notary
J , i�3.r'..,rain -K: ••;;u.� s_ ._::.:_ - _ ,. „�•
ro aIli
«>(T FEB 281972
1Hampden No _ 1564b0,�'.-+
'_ I. _
TDS DEED, Made this ' day of March ,lg 71,
IT betwma ROGER GUMP
i r1/42 4tha County°, Arapahoe and state of
cal Colorado,of the find part,end WINDSOR INVESTMENT
.GROUP, INC., a Colorado corporation,
of the City and County of Denver end state of
r-i Colorado,of the second part,
m, for and inconsideration of the sum of Ten Dolla
01 WITNERRETH,That the said part y of the first part,
y.; and other good and valuable consideration ($10.00) salaams,
d to the said part y of the lint part in hand paid by the said party of the second part,the receipt whereof
in is hereby confessed and acknowledged,hes remised,released, sold, convoyed and QUIT CLAIMED, and by
rf these presents does remise,release,sell,convey and QUIT CLAIM unto the said pert Y of the second part,
i is 21111.successors and assigns,forever,all the right, title, interest, claim end demand which the said
0
part y of the [fret part he S in and to the following described lot or parcel of land situate, lying and
being in the Count/of Weld and State of Colorado,to wit:
co The SW]t and the SttNWk of Section 35, Township 6
el-I North, Range 67 West of the 6th P.M.,
co
LA-.
LA-
County
of Weld,
State of Colorado,
except easement dated February 18, 1971 affecting the
following described property in said County of Weld:
A strip of land Twenty Feet in width, immediately
to the Soutb of and adjoining the North Line of
the South one-half of the Northwest one-quarter of
Section Thirty-Five, township Six North, Range
Sixty-Seven West of the Sixth Principal Meridian;
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances end privileges thereunto
belonging or in anywise thereunto eppertalning,end all the estate,sight,title,interest and Mahn whatsoever,of the
said part y of the first part,either inlaw or'slaty,to the only proper use,bemdlt and behoof of the acid
part y of the second part,i tall itr1lese e2rigsigne forever.
IN WITNESS WHEREOF,The said part y of the first part ha hereunto se is hand
and seal the day and year first above written. u�!,y eL_�!L��J)
K... .. _ / Fl..
. . ....SEAL]
Signed,Sealed and Delivered in the Pretence of
................R4GEA...(AMP [SEAL]
_._..._..._...._..................._......_.._..........__......... [sEAL]
......................-..._...._......._. ............_... .
. [SEAL]
STATE OF COLORADO,
sa.
. City & Count of Denver
The foregoing Instrument wee acknowledged before me this /- day of Marvin•1 p y
19 71 ,by Roger Gump. 10
{I
ter Commission expires Lana 28,197ISr a ] G 4
My commission expires My Cammieion sapine:t*511:✓ ifliese my hand and official seal. =f.,. y1. .'.g
.dlf1 ,,. t1gAt ../5s.r,�-r.TuL"
•D by natural person m°omen here Insert name m name:If ey mean sating V rep.+ea+uuv.er cMald attic
pelt re=
a
^ atWaer-sefut them insert sacra of a reoe nt amamr atWmtaant feet or other capacity per rporstttoa:11 hr either ref nv-
po,albu thm Imart etyma coon outer a Nilsen a tins attar efflee,a e!such wptane,.nuts It—nelson
,/�• 9*. MST yen Ire-a-1[bWeet RnW gWY.I O Ste
No.M. YGn9'CLaW nQD-grYION PoWahW Co..IRO Stout Street.Denver.0lnae>—F'IO
ir MAY 91 1973
1 N 1pserd.d at. _ .ddoek_.Cl_Y ______ —_..-___. _.. N
th 692 B.rapuw x. .1614348 Ne sroaue
atlas DEED, lido this day of . May .10 73
b.tweea
- JOHN E. WEBER and ELEANOR PAULINE WEBER -
State Documentary Fe. I
a` of the Dote -34-1973..: 1 �.
co®b of Weld and State of Colorado,of the Brat put,and $ r 1
WINDSOR INVESTMENT GROUP, a Limited Partnership
rm
7 of the City and ceoeb at Denver and MSS of
�° Colorado,of the second part: •
NI
- n l pyryNBg9731'H,That the said part of the first part,for and in eoneidratloo of the sum of
"' Other Valuable Considerations and One Hundred - - - - - - DOLLARS •
r- to Ilia-atilt i s of the ICI part ia hand paid by said part y of the secondpart,the reeelpt whereof la c
to hereby confessed and acknowledged,bavegranted, bargained sold and eon s&and by then ptedenh do
.y gnat,bargain,sell,oonosy and confirm,unto the said party of the second-put,its heirs and assigns for- col
ever,all the following described lot or parcel of lend,situate,Wog and being in the
Montt of Weld mid Mats d Colorado,to colt; O
- f—'` C
r
•
A tract of land located in the West Half (Wi1) of Section
Thirty-five (35), in Township Six (6) North, Range Sixty-
seven (67) ;lest of the 6th P.M., being more particularly
described as follows: ,
Considering the West line of the iht of said Section 35;
as bearing N 00° 24' 01" '.lest, and with all bearings contained
herein relative thereto;
Commencing at the Northwest Corner (tf.:'Cor) of the South Half
of the Northwest Quarter (S.`Id';li,,) of said Zection 35, said
corner also being the True Point of Beginning;
Thence PI 69° 35' 58" East, 2,633,96 feet along the North line
of the South Half of the Northwest Quarter (SjNW?;i) of said
Section 35 to an existing brass cap set by Kodak which is the
intersection of existing fence lines; thence along a line
approximating an existing fence line, S 00° 18' 00" E, 1,324,77
feet to a pin representing the approximate angle point in the
fence; thence, continuing along said fence line, S 26° 51' 28" i2,
1,318.84 feet to the east line of the SW'., of said Section 35;
thence, along the said east line, :3 09° OBI 32" E, 1,349.71 feet
to the S Corner of said Section 35; thence, along the south
section line Il B0° 35' 24" 1,
2,25:.89 feet to the SW corner
of said Section 35; thence, :12n° 51' 36" W, 2,446.94 feet to
the W Corner of said Section 35; thence, along the said west
line of the Pty'.; II 00° 24' 01" '.;, 1,324.92 feet to the True
Point of Beginning;
•
Together with all water, water rights, ditches and ditch rights,
and including, but not by way of limitation, twelve (12) shares
of the capital stock of The Whitney Irrigating Company;
SUBJECT TO AND EXCEPT THE FGLLOCING:
:fights of possession of Grantors herein, in and to said property,
together with said water, as set forth in Option to Purchase Real
Estate Agreement, recorded March 19, 1970, in Book 622 under
Reception No. 1544098; also subject to rights of way and easements
of record, and right of way for the continued flow of water in the
Cache la Poudre River. Also subject to rights of possession of
Grantors herein, in and to said property together with said water
as set forth in Amendment to tption Purchase Contract, recorded
?larch 5, 1971 in Book 641 under :reception No. 1563267, Weld County
`�� Records.
-'I,
'692 1614348
a-A
f1 TOGETHER with all and singular the haredifamenb and appurtenances thereto heimgla, or in anywise
• appertaining,and Lb*reenters and reversions,remainder ararlemainden,amts.Moms and profits thereof,and all.
the aisle,right,title,interest,claim and demand whatsoever of the meld part ley-of the tint part,either in law
or equity,of,in and to the above bargained premises,with the herediamenta and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and deeedbed with the appurtenance.,unto the
said party of tke second partthei r heirs and assign forever.And the said parties ofdie tint part,
for themselves,h 03' n,executors,and administrator,do mean*gnat bargain,and agree to and
with the said party of the second part, i tshein and assign,that at the time of the insetting and delivery
of these presents,they a rowan seized of the premises above conveyed,as of good,gun,perfect,absolute and
indefeasible estate of inheritance,in law,In fee simple,and he V e good right,full power and lawful authority
to grant,bargain,sell and convey the same in manner and form as eforceald,and that Cho same me free and clear
from all former and other grant,bargains,sales,liens,taxes,aseesmente and encumbrances of whatever kind or
stun Boner.
and the above bargained prondas in the quiet and peaceable possession of the said party of the second part.
its heirs and assigns against all and every person or peraa lawfully claiming or to claim the whole
or any part thereof,the said part ins of the find port shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,the said part ios of the lint part ha Ve hereunto set theirhand a
I and seals the day and year first above written.
91).
�) �vrrm. _�. GG`rr� (SEAL)
Siihir-.Ctro'inIC.(JCG'LillineiEfft
(SEAL)
(:'.leaner : auline :feber)
(SEAL)
r ,"•3 Nerprx'Gp'COIARAIIO,
'county or Weld '"' �/d
Tbi(O�_{aY�,rai •tgitromat a acknowledged before me this v/1.' day of Flay
unp !IH) J lly W [Oc7 and GL 3.�I1 ;.\t1;7311 r[I9R,
' esa,Cini ;gxpina r ,1g Wane my hen and iclal seal.
e7t44.7
. ._ �' Notary Publla
No.032. wanaANIT 0IED.Pe,Ph,wnoean aee'rd—ur.Jronl Publw.I,g Co.1er41e Mau!Stet.Denver.Colorado-1-12
/tee`
N p !said ar 0 �r.t.�r 22 1973
694 s.a.e. N. 1G159'7 am*Om tat
VHS Da Mats 29th liner May •1973.
Imam
o, Roger Gump
` .1a tat . cos d Arapahoe oat Sabo of •
O_. ' :Cola %dtMa.tpd,aad. _
CO WINDSOR INVESThENT.GROUP, a limited:partner- - '
' rte•: d chip Cw.V of Weld • ad Nate of
,�.. Cdwede,ofthe noel psi;
. Sas7$,:. WITNE Tbat W odd lot y of tie nalpot,for adtaeoaderanoo of the son of
...i. Ten Dollars and other good and valuable consideration
to amaaM pat ye Ms Mot moms art iat by Um Mid pat y d tae woad part,.the medpt whereof
Is hereby ale'sad aakantedadb bap man aeLood, sold ee...a ad Qurr MLAME% ad b7
a tore pima do as.aloe,zoboa%o ,mane aaa QUIT MAIN awe lb.aid part y of OaaMad pai,
a
o its wha.waemtalaa►5n,.NYeadaa•tpk falaeR, dabs and arena whisk the said
o .port.. y ottr&SpRba a Sa l%taal.Easels dacad rotor psnol dint daaw, lying and
beg la - Catgut Weld and Mats dtklsado,towlte.
The SW 1/4 and the S 1/2 NW 1/4 of Section 35, Township 6 North,
Range 67 West of the 6th P.M.
CV .
•
together with all ditches and ditch rights and water and water
rights appurtenant thereto.
Except a sewer easement grantedto Roger Gump by instrument
recorded March 29, 1971 in Rook 643 under Reception No. 1564722,
Weld County Records, said easement being described as follows:
A strip of land Twenty Feet in width, immediately to the
South of and adjoining the North Line of the S 1/2 of the
NW 1/4 of Section 35, Township 6 North, Range 67 West of
the 6th P.M.
•
TO RAVE AND TO ROW OA aa blsdawwt*an aad Ss.lar as appntsuwa and privileges therewith
bYwslag w in awoke fl— -o apperbablag.ad an On tatata,aft,tit%buret and dabs whatsoever,of the
min pea y. d Ma Sae la thew ba b•or slab>.tba tally raw aa,betnt ad bobcat of the Bald
• put y d all aced PITS, its ails art"Saasgear
7.
IN yawns hr"',Tba Rate pat y it Yafas pat bar is bad .
and sal Stay wdporalfrat Ara aaaan.
sow♦ _ [SEAL]
Signed,Salad ad DdaaedbfLPrim Prima GOLD'
_�_.._._._.. [SEAL]
'._ 'DIEM.]
•
STATE OP COLOSADO, Ia.
City me Denver a.
The fonsdeg babas s%was aelaadedpd bars ana k 29th and May
19• 73�bye Roger Gump'
My sasWpr aware .19 .WXets whoa ad otadal aaL
•...... YyCraamhaan swingboat ,r y ea ..
i •ty t1 P A T. :•N.Y�inYle
T
,"ice:" i•.,i1,. r .,
\Yi ..
e y ?�ra�
atW.�+f to Teri
arrSa ass rat a ansy w iurteta taawwaoR°;a by.l.=)uof cot.
wontly t.as !! d seeplunajdda Se ter MSc dribs at esepuelb4 aegst1
.Mwe."°1,ye~racfe"'!ta a ileOWYeawbaa_`glee.. .
Na M Ram aaa-ama phases de.sea
MIL RIM
amlellilea•VOINAIMINIMNIIIS
ARS124612 B 0994 REC 01924[^ 04/26/83 16:45 $3.00 1/001
F 1569 MARY ANN F. LRSTEIN CLERK S RECORDER WELD CO, CO
'r e
Tun Dem, Made SW satt day of may ,v 7)
between John E. Weber and Eleanor Pauline Weber
of the County of Weld sad state of
Colorado,of the first part,end
. Windsor Investment Group, a limited Partner—
ship
of the City andCoenty of Denver and state of
Colorado,of the second part,
WITNESSETE-That the aid part i68 of the tint part,for and In consideration of the sum of
i Ten Dollars and other good and valuable consideration ra1ciauK
I to the said pan ',wolf the fire pert in bend paid by the said part y of the may;vyy to roods whereof
I is hereby confessed and acknowledged,ha are tmleed,released. sold conveyed and QUIT CLAIMED, and by
I these presents do remise.release,sell,convey and QUIT CLAIM unto the said part y of the second pan.
its heira,aotreams end aestaur,forever,as the right, title, interest, claim and demand which the said
i part ies of the tint pan be are in and to the following described lot or panel of land situate, lying and
I being in the County of Weld and Site of Colorado,to wit:
The Southwest Quarter (SW 1/4) and the South Half (S 1/2) of the
Northwest Quarter (NW 1/4) of Section Thirty-five (35) , in Town-
e ship Six (6) North, of Range Sixty-seven (67) West of the Sixth
jI (6th) P.M., together with all ditches and ditch rights and water
b and water rights.
It
I!
Ii
\.I
TO HAVE AND TO HOLD the mate. gun appurtenances and
J.Itogether with an and singular the s privileges ehexaento
O .: belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the
V II said part ies of the first part,either in law or ep ity,to the only proper use,benefit end behoof of the aid I
part y of the second part, its hems and assigns forever.
IN WITNESS WHEREOF,The said pat ies of the tint part ha are hereunto menthe irhand s
• ' and stall; day the d sad year first above written I
�
OHN E. WEBER
`R CSF.AL]
'N s m_ Signed,Sealed and Deliver the Presence of
•
_ [SEAL) •
_sees. ees . __..... ._._..__. .
5 ELEANOR.. • PA.0 [L/t&'L(SEAL) ,..
_..._... _._
Mx i
v ..
4 "STAB OF COLORADO. _
141- i
et
: e� ..(� rmait]g Wtrvm®t was acknowledged before me then day
d$'�R tip 'John E. Weber and Eleanor Pauline Weber
.�, c: i,
Jh.... tomb s espies y re ,yp,�Witnees my hand and official seal.
. itI•
..."...•
. maid ajar,,thee laseit Ggamemall o er aitkre Wm"or ettMrR ea. s o ml of a of officers of NN l aadon.nose It—Monson
pOra.am,non burn mdse of aeon officerbf 1
a em lla4d CNaab WalM llmmW Wy.
Na Mt gait Cad aa—aradree IaasrhS,le.Mau eYm Maim Den.Waode—l-n
Aft22oss64 B 1259 REC 02208864 03/26/90 09:45 *15.00 1/003
• . Prepared by: F 0610 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
HASLER, FONPARA AND MAXWELL
Attorneys at Law
Post Office Box 2267 -••— -
Fort Collins, CO 80522 State Do:umontary Pori
Date.., "-2�R.:. .......
WARRANTY DEED $ ��
THIS DEED, made this 20th day of March, 1990, by and between
WINDSOR INVESTMENT GROUP, LTD., formerly Windsor Investment
Group, a Colorado Limited Partnership, the mailing address of
which, for purposes of this Warranty Deed, is Post Office
Sox 81228, Lincoln, Nebraska 68501 ("the Grantor") , and WINDSOR
RESOURCE CORPORATION, a Colorado Corporation, the mailing address
of which, for purposes of this Warranty Deed, is 760 Whalers Way,
Suite A200, Fort Collins, Colorado 80525 ("the Grantee") .
f3y�t WITNESSETH:
1)
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
to the Grantor in hand paid by the Grantee, the receipt of which
is hereby confessed and acknowledged, has granted, bargained,
sold, and conveyed, and by these presents does hereby grant,
bargain, sell, convey, and confirm unto the Grantee, its
successors and assigns, forever, that certain parcel of real
property, together with all improvements, if any, situate, lying,
and being in the County of Weld, State of Colorado, which is
legally described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property") .
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 estate, right, title,
interest, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, or to the Property, with the hereditaments
and appurtenances.
TO HAVE AND TO HOLD the Property above bargained and
described with the appurtenances unto the Grantee, its Successors
and assigns, forever. And the Grantor, for itself and its
successors and assigns, does covenant, grant, bargain, and agree
to and with the Grantee, its successors and assigns, that at the
time of the ensealing and delivery of these presents it is well
seized of the Property; has good, sure, perfect, absolute, and
indefeasible estate of inheritance, in law, in fee simple; and
has good right, full power, and lawful authority to grant,
bargain, sell, and convey the same in manner and form as
aforesaid: and that, except as hereinafter provided, the same are
free from all former and other grants, bargains, sales, liens,
taxes, assessments, and encumbrances of whatever kind or nature
soever: and the Grantor does hereby warrant the title to the
same, subject to all easements and rights-of-way in place or as
B 1259 REC 02208864 03/26/90 09145 515.00 2/003
F 0611 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
now existing or of record; any restrictions, reservations, or
exceptions contained in any United States or State of Colorado
Patents of records all zoning and other governmental rules and
regulations; general property taxes for the current year; and
express],y subject to all of the following:
Leases and Tenancies: Existing farm lease with Ronald Weber.
Mineral Exceptions or Reservations: Those of record.
Mortgages or Deeds of Trust: None.
The Grantor, for itself and its successors and assigns, does
covenant and agree to and with the Grantee, its successors and
assigns, that the Grantee, its successors and assigns, shall and
may lawfully and at all times hereafter peaceably and quietly
have, occupy, possess, and enjoy the Property hereby granted, or
intended so to be, with the appurtenances, without the lawful
hindrance or molestation of the Grantor, its successors and
assigns, or of any other person or persons whomsoever, by or with
its consent, privity, or procurement.
IN WITNESS WHEREOF, the Grantor has executed this Warranty
Deed the day and year first above written.
WINDSOR INVESTMENT GROUP, LTD. ,
formerly Windsor Investment Group,
a Colorado Limited Partnership
By aa•.ew. .W . CA-.e L2.C.✓
Duane W. Acklie, General Partner
STATE OF NEBRASKA )
as.
COUNTY OF LANCASTER )
The foregoing instrument was acknowledged before me this
24th day of March, 1990, by Duane W. Acklie, General Partner in
WINDSOR INVESTMENT GROUP, LTD. , formerly Windsor Investment
Group, a Colorado Limited Partnership.
WITNESS my hand and official seal.
My commission expires:
AIMMKIMONMOMOSIN
*Ski itiCatalL M Notary is
- 2 -
• B 1255 EEC 02208864 03/26/90 09:45 *15.00 3/003
F 0612 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED
BETWEEN WINDSOR INVESTMENT GROUP, LTD. ("THE GRANTOR")
AND WINDSOR RESOURCE CORPORATION ("THE GRANTEE")
LZGAL DESCRIPTION
OF THEE PROPERTY
A tract of land located in the W1/2 of Section 35,
Township 6 North, Range 67 west of the 6th P.M. , being
more particularly described as follows:
Considering the West line of the NW1/4 of said
Section 35 as bearing North 00°24'01" West, and with
all bearings contained herein relative thereto:
Commencing at the Northwest corner of the 51/2 of the
NW1/4 of said Section 35, said corner also being the
TRUE POINT OF BEGINNING; thence North 89'35'58" East
2633.96 feet along the North line of the S1/2 of the
NW]./4 of said Section 35 to an existing brass cap set
by Kodak which is the intersection of existing fence
lines; thence along a line approximating an existing
fence line, South 00'18'00" East, 1324.77 feet to a pin
representing the approximate angle point in the fence;
thence, continuing along said fence line, South
26'51'28" East, 1318.84 feet to the East line of the
SW1/4 of said Section 35; thence, along the said East
line, South 09'08'32" East, 1349.71 feet to the South
quarter corner of said Section 35; thence along the
South section line North 80°35'24" West, 2253.89 feet
to the Southwest corner of said Section 35; thence
North 29°51'36" West, 2446.94 feet to the West quarter
corner of said Section 35; thence along the said West
line of the NW1/4 North 00'24 '01" west, 1324.92 feet to
the TRUE POINT OF BEGINNING.
(Street address: 30914 Highway 257, Windsor, Colorado)
TOGETHER WITH all wells and well rights, water and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, twelve (12) shares of the capital stock
of The Whitney Irrigation Company.
- 3 -
• E 12S' REC 02208865 03/26/90 09;46 51:,.00 1/009
AR22Daa65 F 0613 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
Stat:DxspenGWYFes
DPPCtAL WARRANTY DEED Otte 3 2(ct Q.—
s....../..50'!_(;Q.............
THIS DEED, made and entered as of the 23rd day of March,
1990, between WINDSOR RESOURCE CORPORATION, a Colorado
Corporation, the mailing address of which, for purposes of this
Deed, is 760 Whalers Way, Suite A200, Fort Collins, Colorado
80525 ("the Grantor") , and EASTMAN KODAK COMPANY, a New Jersey
corporation, the mailing address of which, for purposes of this
Dead, is Windsor, Colorado 80551 ("the Grantee").
WITNESSETH:
y9
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
has granted, bargained, sold, and conveyed, and by these
presents does hereby grant, bargain, sell, convey, and Confirm
unto the 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, which
is described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property") .
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, title, title,
interest, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, and to the Property, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the Property with the appurtenances
unto the Grantee, its successors and assigns, forever. The
Grantor, for itself and its successors and assigns, does covenant
and agree that it shall and will warrant and forever defend the
Property in the quiet and peaceable possession of the Grantee,
its successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through, or
under the Grantor, except and subject to the following: all
easements and rights-of-way in place or of record; all zoning and
other governmental rules and regulations; real property taxes for
1990 and all subsequent years; and existing leases or tenancies.
IN WITNESS WHEREOF, the Grantor has executed this Special
Warranty Deed on the date set forth above.
WINDSOR RESOURCE CORPORATION,
T: a Colored poration
• �� �•' ��s A`awl r�
' ,
� 4.;n motby H sler, Cra son, Pres dent
rc0-%r r*Assigliant ecretary
SO ;0 r- : -
R, . 001!,?.Q�lk OF COLORADO )
as.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
23rd day of March, 1990, by Craig Harrison, as President, and
Timothy W. Hasler, as Assistant Secretary, of WINDSOR RESOD
CORPORATION, a Colorado Corporation.
WITNESS my hand and official seal. 1': .f ,4
My commission expires: ) r / / o 0 // `` Fo F /4 `c`•//HA / / I. '� .....Q...�
Notary Public "f ,•
B 1259 REC 02208865 03/26/90 09:46 615.00 2/003
F 0614 MARY ANN FEDERSTEIN CLERK 6 RECORDER WELD CO, CO
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY
DEED BETWEEN WINDSOR RESOURCE CORPORATION ("THE GRANTOR") AND
EASTMAN KODAK COMPANY ("THE GRANTEE")
yew, DRRCRjpTI01(
OF THE PROPERTY
parcel 1 (Farm 03111 :
Lot A of Recorded Exemption No. 0807-26-4-RE455, being
the N1/2 of the SE1/4 of Section 26, Township 6 North,
Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
(Street address: 31459 Weld County Road 23, Greeley,
Colorado)
TOGETHER WITH one (1) City of Greeley water tap.
parcel 2 (Farm 5381 :
Lot B of Recorded Exemption No. 0807-26-4-RE455, being
the N1/2 of the SE1/4 of Section 26, Township 6 North,
Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
(Vacant land, no street address assigned)
Pargal 3 (Farm 541 :
Lot A of Recorded Exemption No. 0807-26-4-RE1245,
recorded March 19, 1990, in Book 1258 as Reception
No. 02208245, being a part of the S1/2 of the SE1/4 of
Section 26, Township 6 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado.
(Vacant land, no street address assigned)
=pet 4 (Farm 451 :
Lots A and B of Recorded Exemption No. 0807-35-1-
RE1244, recorded March 19, 1990, in Book 1258 as
Reception No. 02208246, being the N1/2 of the NE1/4 of
Section 35, Township 6 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado.
(Street address: 30801 Weld County Road 23, Greeley,
Colorado)
TOGETHER WITH one (1) City of Greeley water tap.
Parcel 5 (Farm 56) :
Lot B of Recorded Exemption No. 0805-35-1-RR475,
recorded January 21, 1981, in Book 925 as Reception
No. 1847470, and Lot B of Recoiled Exemption
No. 0807-4-35-RE476, recorded January 21, 1981, in
Book 925 as Reception No. 1847472, all being a part of
the South 1/2 of the Northeast 1/4 and a part of the
North 1/2 of the Southeast 1/4 of Section 35 and that
portion of the North 1/2 of the Southwest 1/4 of
Section 36 lying West and South of Weld County Road 23
and North of the Cache La Poudre River, all in
Township 6 North, Range 67 West of the 6th P.M., County
of Weld, State of Colorado.
(Vacant land, no street address assigned)
- 2 -
a 1259 REC 02208865 03/26/90 09:46 815.00 3/003
F 0615 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
PAGE 2 TO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL
WARRANTY DEED BETWEEN WINDSOR RESOURCE CORPORATION ("THE
GRANTOR") AND EASTMAN KODAK COMPANY ("THE GRANTEE")
jg,GAL DESCRIPTION
OF THE PROPERTY
(Continued from Exhibit "A")
tercel 6 (Farm 471 :
A tract of land located in the W1/2 of Section 35,
Township 6 North, Range 67 West of the 6th P.M., being
more particularly described as follows:
Considering the West line of the NW1/4 of said
Section 35 as bearing North 00'24'01" West, and with
all bearings contained herein relative thereto:
Commencing at the Northwest corner of the S1/2 of the
NW1/4 of said Section 35, said corner also being the
TRUE POINT OF BEGINNING: thence North 89.35`58" East
2633.96 feet along the North line of the 81/2 of the
NW1/4 of said Section 35 to an existing brass cap set
by Kodak which is the intersection of existing fence
lines: thence along a line approximating an existing
fence line, South 00'18'00" East, 1324.77 feet to a pin
representing the approximate angle point in the fence:
thence, continuing along said fence line, South
26.51'28" East, 1318.84 feet to the East line of the
SW1/4 of said Section 35: thence, along the said East
line, South 09'08'32" East, 1349.71 feet to the South
quarter corner of said Section 35; thence along the
South section line North 80'35'24" West, 2253.85 feet
to the Southwest corner of said Section 35; thence
North 29.51'36" West, 2446.94 feet to the West quarter
corner of said Section 35: thence along the said West
line of the NW1/4 North 00'24'01" West, 1324.92 feet to
the TRUE POINT OF BEGINNING.
(Street address: 30914 Highway 257, Windsor, Colorado)
TOGETHER WITH all wells and well rights, water and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, forty-six (46) shares of the capital
stock of The Whitney Irrigation Company.
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When recorded return to: 3349258 12/21/2005 03:06P Weld County, CO
-- 20 Elizabeth A. Sharrer, Esq. 1 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder
Holland & Hart LLP
555 - 17th Street, Suite 3200
Denver, CO 80202
BARGAIN AND SALE DEED
(Eastman Kodak Company Property)
KNOW ALL MEN BY THESE PRESENTS, that EASTMAN KODAK COMPANY, a New Jersey
corporation ("Grantor"), for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby sell and convey to EASTMAN KODAK
COMPANY, a New Jersey corporation ("Grantee"), whose address is 9952 Eastman Park Drive,
Windsor, CO 80551, Attn: Craig Stith:
the real property in the County of Weld, State of Colorado, more particularly described
in the legal description attached as Exhibit "A" hereto and by this reference incorporated
herein
with all appurtenances, subject to real property taxes in the year of sale and easements,
covenants, conditions and restrictions of record.
The purpose of this Deed is to create of record the attached legal description of the real property
owned by Eastman Kodak Company in Weld County, Colorado as of the date hereof.
The name and address of the person who created the attached Legal Description is:
John Steven Von Nieda, Colorado Professional Land Surveyor No. 31169
TST, Inc., 748 Whalers Way, Bldg. D, Fort Collins, CO 80525
Signed and delivered as of the MC-day of December, 2005.
EASTMAN KODAK COMPANY,
a New Jersey corporation
By: ��...�� 2��✓
y
Its: rcc Witt Cheat
STATE OF NEW YORK
) ss.
COUNTY OF MONROE
The foregoing instrument was ackno ledged before me this /ltcday of December,
2005,by 7Mi((a'.,f C Ja,t'e/ , as Wee. f)rta-et tf' of EASTMAN KODAK
COMPANY, a New Jersey corporation.
Witness my hand and official seal.
Notary Public
My commission expires: MARK g_WRIGHT
Notary Public. State of New York
Monroe County
r Commission Expires September 11, if—
1 111111 11111 11111 11111 1111111 11111 1101 111 11111 1111 1111
3349268 12/21/2005 03:06P Weld County, CO
2 of 4 R 21.00 D 0.00 Steve Moreno Clerk 5 Recorder
EXHIBIT "A"
Legal Description
A TRACT OF LAND SITUATE IN SECTIONS 26, 27, 34, AND 35, TOWNSHIP 6
NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, BEING
MARKED BY A 3-1/4" ALUMINUM CAP STAMPED PLS 22098, AND CONSIDERING
THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26 TO BEAR
S89°44'23"E, (EAST END OF SAID LINE BEING MARKED BY A 3-1/4" ALUMINUM
CAP STAMPED PLS 20685) WITH ALL OTHER BEARINGS CONTAINED HEREIN
RELATIVE THERETO. (SAID BEARING IS A GRID BEARING OF THE COLORADO
STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM
1983(1992), DETERMINED BY GEODETIC (GPS) OBSERVATIONS);
THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION
26, S00°31'48"E, 65.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF EASTMAN PARK DRIVE, SAID PONT ALSO BEING THE POINT OF
BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°44'23"E, 2,474.39
FEET TO A POINT ON THE EAST BACK OF CURB LINE OF THE EASTMAN KODAK
PLANT ACCESS ROAD KNOWN AS LITHO PLATE DRIVE;
THENCE ALONG SAID BACK OF CURB LINE THE FOLLOWING EIGHT (8)
COURSES:
1) 27.50 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT,
HAVING A RADIUS OF 69.50 FEET, A CENTRAL ANGLE OF 22°40'21", AND A
CHORD WHICH BEARS S11°19'58"W, 27.32 FEET;
2) S00°00'13"E, 3,460.53 FEET;
3) 87.84 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 139.50 FEET, A CENTRAL ANGLE OF 36°04'44", AND A CHORD WHICH
BEARS S18°02'35"E, 86.40 FEET;
4) S36°04'57"E, 82.47 FEET;
5) 72.95 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 116.50 FEET, A CENTRAL ANGLE OF 35°52'47", AND A CHORD
WHICH BEARS S18°08'34"E, 71.77 FEET; •
6) S00°12'11"E, 82.36 FEET;
7) 57.14 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 130.50 FEET, A CENTRAL ANGLE OF 25°05'21", AND A CHORD
WHICH BEARS S12°20'29"W, 56.69 FEET;
8) S24°53'10"W, 220.09 FEET;
THENCE S00°04'37"E, 3,158.77 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 35,;
THENCE ALONG SAID NORTH LINE, S89°34'09"W, 683.51 FEET TO A POINT ON
THE CENTERLINE OF THE CACHE LA POUDRE RIVER;
THENCE ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING TWENTY-
THREE (23) COURSES:
A-1
111111 1111111111 1111111111111111111111111 1111111111111
3349268 12/2112005 03:06P Weld County, CO
3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
1) N45°45'54"W, 51.75 FEET;
2) N65°08'41"W, 141.98 FEET;
3) N79°35'57"W, 120.70 FEET;
4) S85°02'00"W, 57.59 FEET;
5) S61°24'16"W, 48.97 FEET;
6) S34°05'29"W, 124.67 FEET;
7) 554°26'20"W, 199.22 FEET;
8) S40°32'53"W, 159.44 FEET;
9) S04°13'02"W, 266.14 FEET;
10)S16°46'04"E, 85.59 FEET;
11)S46°20'03"E, 192.85 FEET;
12)S75°23'10"E, 51.85 FEET;
13)S49°11'34"E, 55.89 FEET;
14)S00°14'38"W, 113.71 FEET;
15)S16°13'28"W, 94.18 FEET;
16)S24°37'29"E, 150.24 FEET;
17)S14°47'58"W, 131.45 FEET;
18)S35°04'53"W, 218.40 FEET;
19)559°00'59"W, 61.48 FEET;
20)S39°25'11"W, 141.35 FEET;
21)S50°40'46"W, 249.50 FEET;
22)S70°20'38"W, 81.99 FEET;
23)S84°13'03"W, 73.28 FEET TO A POINT ON THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 35;
THENCE ALONG SAID WEST LINE, S29°52'23"E, 41.57 FEET TO A POINT ON THE
SOUTHERLY TOP OF BANK OF THE CACHE LA POUDRE RIVER;
THENCE ALONG SAID SOUTHERLY TOP OF BANK THE FOLLOWING SEVEN (7)
COURSES:
1) N85°41'56"W, 418.10 FEET;
2) S80°24'35"W, 127.23 FEET;
3) S58°40'24"W, 68.14 FEET;
4) S42°52'40"W, 71.52 FEET;
5) S31°19'04"W, 192.28 FEET;
6) S21°22'15"W, 201.87 FEET;
7) S36°05'51"W, 64.27 FEET;
THENCE S00°00'05"E, 641.71 FEET;
THENCE N84°16'00"E, 1,441.44 FEET;
THENCE S87°18'504E, 2,326.02 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 35;
THENCE ALONG SAID EAST LINE, S10°48'40"E, 20.57 FEET TO THE SOUTH
QUARTER CORNER OF SAID SECTION 35;
THENCE N87°18'50"W, 2329.34 FEET TO THE SOUTHWEST CORNER OF SAID
SECTION 35;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 34, S84°16'00"W, 1,462.08 FEET;
THENCE N00°00'05"W, 990.43 FEET;
THENCE S89°59'27"W, 1,874.61 FEET TO A POINT ON THE NORTHERLY TOP
BANK OF THE CACHE LA POUDRE RIVER;
THENCE ALONG SAID NORTHERLY TOP BANK THE FOLLOWING NINE (9)
COURSES:
A-2
1111111 IIIII 11111111111111111 IIIII 11111 III VIII 1111 IIII
3349268 12/21/2005 03:06P Weld County, CO
4 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder
1) N24°37'22"W, 22.47 FEET;
2) N42°09'12"W, 112.35 FEET;
3) N47°14'02"W, 241.40 FEET;
4) N39°11'21"W, 666.47 FEET;
5) N55°49'36"W, 343.62 FEET;
6) N61°36'06"W, 178.58 FEET;
7) N63°20'24"W, 165.53 FEET;
8) N63°19'51"W, 145.64 FEET;
9) N47°39'54"W, 96.16 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 34;
THENCE ALONG SAID NORTH LINE S89°49'11"W, 112.45 FEET TO THE WEST
SIXTEENTH CORNER OF SAID SECTION 34;
THENCE N05°29'44"W, 1,323.82 FEET TO THE NORTHWEST SIXTEENTH CORNER
OF SAID SECTION 34;
THENCE N89°43'52"E, 1,431.99 FEET TO THE NORTH SIXTEENTH CORNER OF
SAID SECTION 34;
THENCE N89°42'22"E, 1,191.15 FEET TO THE NORTHEAST SIXTEENTH CORNER
OF SAID SECTION 34;
THENCE N05°33'47"W, 1,328.57 FEET TO THE EAST SIXTEENTH CORNER
COMMON TO SECTIONS 27 AND 34;
THENCE N00°27'03"W, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER OF
SAID SECTION 27;
THENCE N00°27'03"W, 1,320.03 FEET TO THE NORTHEAST SIXTEENTH CORNER
OF SAID SECTION 27;
THENCE N89°27'56"E, 1,305.13 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO
SECTIONS 26 AND 27;
THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 26, N00°31'48"W, 1,256.24 FEET TO THE POINT OF BEGINNING.
3189156_1.DOC
A-3
mrzro
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70
M e..e.e.d el e °—< :C_C_x MAY 1 �,�
.U,•eltoc Roc No iZ4'21-10 Ann Savor,P.eoSs
I
DEED
co.
0s e
THIS DEED, made this 1st day of May , 1970,
.-
i" between EASTMAN KODAK CDMPP.NY, a corporation�uly organized an
d
in existing under and by virtue of the laws of the State of New
'--' Jersey, of the first part, and TOWN OF WINDSOR, a municipal corpo-
.e., ration, duly organized and existing under and by virtue of the
"' laws of the State of Colorado, of the second part;
_
in
N WITNESSETH, That the said party of the first part, for
m and in consideration of the sum of Ten Dollars and other good and
o valuable consideration, to the said party of the first part in
" hand paid by the said party of the second part, the receipt where-
of is hereby confessed and acknowledged, has granted, bargained,
sold and conveyed and by these presents does grant, bargain, sell,
convey and confirm unto the said party of the second part, its
^t successors and assigns forever, all the following described lot
2 or parcel of land, situate, lying and being in the County of Weld
and State of Colorado, to-wit:
A tract of land situated in the S 1/2 of Section 34,
Tonsbeinghmore particularly described fash e 6th M �
follows:
d ction 34 Consideringe South
32" Wine of and withialle as
bearings
contained
Corner of relative
said e thereto. Beginning
Section34, sidn1 at
8n /4
the S
Corner being the point of beginnings thence S 84'
16' 32" W, 438.07 feet; thence N 00 00' 00" E,
1180.00 feet; thence S 90' 00' 00" E, 1890.53 feet;
thence S 00' 00' 00" W, 990.49 feet to a pointce S '
16' on
the South land alongisaidd c tion 34;
Sectionlinen1461.93
32" W,
feet to the point of beginning.
Together with all and singular the hereditaments and appurtenances
thereunto 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 the said party of the first part, either in c •
hereditaments�and,appurtenances; TO HAVE eAND 1TOaHO premises,LDthe s �
in and to the above said ��,�bed with the them said party ofrthensecond part,iits successorspandtassigns� unto
for-
ever.
And the said party of the first part, for itself and
J its sucresaurs covenants and agrees to and with the said party
of the second part, its successors and assigns, the above bar-
gained premises in the quiet and peaceable possession of the said
party of the second part, its successors and assigns against all
and every person or persons lawfully ully claig or to claim lai party
the
whole or any part thereof, by, through, or under the
of the first part, to WARRANT AND FOREVER DEFEND, except the
general property taxes and any and all district assessments for
for 1970 and for subsequent years.ll 3i.:N-
r
_ :`
•
r,
'''"4 625 1547170
A_a -
IN WITNESS WHEREOF, the said party of the first part . _
}rids/caused its corporate name to be hereunto subscribed by its
President,and its corporate seal to be hereunto affixed,
attested by its Secretary, the day and year first
above written.
EASTMAN KODAK COMPANY,
OS New2Jersey cor o -ion,
'v''"�� \ `. Nd By � V,c6r President
1
ecretary
STATE OF NEW YORK )
SS:
COUNTY OF MONROE
The foregoin instrument was acknowledged beforemg
this tis day of , 1970, by A'/rHN.d l• 44t/ - - -
as rice .,i-er44., il
. . . . _. .
and lI/,i/.;o,se F fly.4,-,--/ as see re ?nary
of Eastman Kodak Company, a New Jersey corporation.
WITNESS my hand and official seal. .
My commission expires: 3-.30- T. •
$?,...y!,, .
,�ra,i TBn , � .
�(M:
J •%,--.0, -
I Pu 0c _i
(Notarial Seal) °PtinsiA Man.30,tap
r.
p_
A;
1 .
111111111111111111111111111111111111111 III lit IIII1111
099 / When n L,Robinson,n return to: 3285099 06/15/2"D917192.2:
06 02:59P Weld Coun CO
/ Frank L, n Esq. 1 of 6 R93111.91200 D 171,20 Steve Moreno Clerk& Recorder
Otten Johnson Robinson Neff&Ragonetti P.C.
950—17th Street,Suite 1600
Denver,CO 80202
SPECIAL WARRANTY DEED
(East Property Tract 2)
This SPECIAL WARRANTY DEED("Deed")evidences a conveyance by EASTMAN KODAK
COMPANY,a New Jersey corporation,whose address is 343 State Street,Rochester,NY 14650-0208
("Grantor"),to BROE LAND ACQUISITIONS II,LLC,a Colorado limited liability company
("Grantee"),whose address is 252 Clayton Street,Fourth Floor,Denver,CO 80206,Attention:Mr.Alex
Yeros.
Grantor, for and in consideration of the sum of$1,712,000.00,the receipt and sufficiency of
which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does
grant,bargain,sell,convey and confirm unto Grantee,its successors and assigns forever,the real property
located in Weld County,Colorado(the"County")which is described on Exhibit A attached to this Deed
(the"Property"),together with(i)the buildings,fixtures and other improvements owned by Grantor and
located on that Property,(ii)all development rights and air rights relating to the Property,any rights to
any land lying in the bed of any existing dedicated street,road or alley adjoining the Property and to all
strips and gores adjoining the Property,and any other easement,rights-of-way or appurtenances used in
connection with the beneficial use and enjoyment of the Property,and(iii)all and singular the other
hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversions,
remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand
whatsoever of the Grantor,either in law or in equity,of,in and to the Property,and all hereditaments and
appurtenances;but excluding from this Deed(a)any and all minerals,oil,gas and other hydrocarbon
substances on and under the Property,which are being conveyed by a separate Bargain and Sale Mineral
Deed of even date herewith,(b)all water and water rights of any kind,wells and well permits and rights,
groundwater and groundwater rights,ditches and ditch rights,reservoirs and reservoir rights,storage
rights,springs and spring rights,and ditch and water company stock,whether decreed or undecreed,
appurtenant to or historically used in connection with the Property,whether in the nature of tributary,
non-tributary or not non-tributary interests,which,to the extent conveyed to Grantee,are being conveyed
by a separate Water Rights Deed and certain other instruments,each of even date herewith,and(c)the
equipment,fixtures and other improvements owned by Grantor and located within the easements covered
by that certain Easement Agreement of even date herewith,pursuant to which Grantee is granting to
Grantor certain easements over the Property to benefit the adjoining property retained by Grantor,which
Easement Agreement will be recorded subsequent to this Deed.
TO HAVE AND TO HOLD the Property,with the appurtenances unto Grantee,its successors
and assigns forever. And Grantor,for itself,its successors and assigns,does covenant and agree that
Grantor shall and will WARRANT AND FOREVER DEFEND the Property and appurtenances and the
title to it in the quiet and peaceable possession of Grantee,its successors and assigns,against all and every
person or persons claiming or to claim the whole or any part thereof by,through,or under Grantor,except
for the lien of taxes and assessments for the current year and all subsequent years and the matters shown
on Exhibit B attached to this Deed.
Dated:As of June 15,2005.
EASTMAN KODAK COMPANY,
a New Jersey corporation
._— . 1 41.
11'7 '7. IItts -x--C.ret a r i
cCG 9505-DVA(0
111111 11111 IIIII 111111111111 11111 IIIII III 11111 IIII lit
3295099 06/15/2005 02:59P Weld County, CO
2 of 6 R 31.00 D 171.20 Steve Moreno Clerk& Recorder
STATE OF NEW YORK
)ss.
COUNTY OF MONROE
The foregoing instrument was acknpwledged before me this 1Q_day of June,2005,by
Lttnrence,C. h}t c.k y ,as :fie crctU r y of EASTMAN KODAK COMPANY,a New
Jersey corporation. /
Witness my hand and official seal. //// //A/e �+Bled!KATHLEEN% rA E L c'°,.,,
Notary Public,State of New York \• .c
o ? P: u:4
My commission expires: Qualified In Ontgpn CQp.,ny •
;7•27
.r
Commission Expires 3l�7/anOCI =itu :w ., ° ,/
, jiu c
b:"
csiQ ,-0'0F
'1/4 `•3T A•H,a•`',••,`•
"1q,ybN,tl,,,,
2
AIM 11111 11111 111111 Hill NE III 11111 IIII Iiii
3295099 06/15/2005 02:59P Weld County, CD
3 of 6 R 31.00 D 171.20 Steve Moreno Clerk 8 Recorder
EXHIBIT A
Legal Description
Tract 2
A TRACT OF LAND SITUATE IN SECTION 26 AND SECTION 35,TOWNSHIP 6 NORTH,
RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS A AND B, RECORDED EXEMPTION NO. 0807-26-4-RE 4064, ACCORDING TO
PLAT RECORDED JUNE 3, 2005 AT RECEPTION NO. 3921882, BEING LOCATED IN
THE S %z OF SECTION 26, AND THE N 'A OF SECTION 35, TOWNSHIP 6 NORTH,
RANGE 67 WEST OF THE 6TH P.M.,COUNTY OF WELD, STATE OF COLORADO.
PARCEL 2:
LOT A, RECORDED EXEMPTION NO. 0807-35-1-RE 1244, AS SHOWN ON THE PLAT
THEREOF, RECORDED MARCH 19, 1990 AT RECEPTION NO. 2208246, BEING
LOCATED IN THE N 'A OF THE NE 'A OF SECTION 35,TOWNSHIP 6 NORTH,RANGE 67
WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
PARCEL3:
LOT B, RECORDED EXEMPTION NO. 0805-35-1-RE 475, AS SHOWN ON THE PLAT
THEREOF, RECORDED JANUARY 21, 1981, AT RECEPTION NO. 1847470, BEING
LOCATED IN THE S 'A OF THE NE ''A AND THE N 'A OF THE SE ''A OF SECTION 35,
TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE
OF COLORADO.
A-1
1111111 11111 11111 111111111111 11111 11111I I11111111111111
3295099 06/15/2005 02:59P Weld County, CO
4 of 6 R 31.00 0 171.20 Steve Moreno Clerk 8 Recorder
EXHIBIT B
Permitted Exceptions
1. TAXES FOR THE YEAR 2005 AND SUBSEQUENT YEARS, A LIEN NOT
YET DUE AND PAYABLE.
2. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND
REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO
PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN THE
UNITED STATES PATENT RECORDED DECEMBER 16, 1886, IN BOOK 51
AT PAGE 52.
3. RIGHT OF WAY EASEMENT AS GRATED TO POUDRE VALLEY RURAL
ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED AUGUST
18, 1976,UNDER RECEPTION NO. 1696513 IN BOOK 775.
4. OIL AND GAS LEASE RECORDED DECEMBER 17, 1980 UNDER
RECEPTION NO. 1844571 IN BOOK 923 AND ANY AND ALL
ASSIGNMENTS THEREOF,OR INTEREST THEREIN.
5. TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT RECORDED
MARCH 6, 1985 AT RECEPTION NO.20000952 IN BOOK 1060.
6. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED OCTOBER 14,
1988, UNDER RECEPTION NO. 2158648 IN BOOK 1212.
7. TERMS, CONDITIONS AND PROVISIONS OF RESERVATIONS IN DEED
RECORDED JANUARY 5, 1990 AT RECEPTION NO. 2202033 IN BOOK
1252.
8. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS,
RESERVATIONS AND NOTES ON THE PLAT RECORDED MARCH 19,
1990 AT RECEPTION NO. 2208245 IN BOOK 1258.
9. RIGHT OF WAY EASEMENT AS SET FORTH IN INSTRUMENT
RECORDED MARCH 26, 1990, UNDER RECEPTION NO. 2208856.
10. RIGHT OF WAY EASEMENT AS GRANTED FOR RAILROAD IN
INSTRUMENT RECORDED APRIL 29, 1870,IN BOOK 1 AT PAGE 540.
11. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT
RECORDED JANUARY 6, 1906, IN BOOK 235 AT PAGE 238.
12. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED NOVEMBER 4, 1932, IN BOOK 938 AT PAGE
595.
B-1
I 11111111111111111111111111111111111111 III 111 1111 ill
3295099 0611512005 02:59P Weld County, CO
5 of 6 R 31.00 D 171.20 Steve Moreno Clerk& Recorder
13. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED NOVEMBER 4, 1932, IN BOOK 938 AT PAGE
597.
14. MATTERS AS SET FORTH IN INSTRUMENT RECORDED JANUARY 22,
1954 IN BOOK 1380 AT PAGE 358 AND MODIFIED BY JUDGMENT AND
ORDER RECORDED JANUARY 8, 1986 AT RECEPTION NO. 2038470 IN
BOOK 1098.
15. UNDIVIDED 'A INTEREST IN AND TO ALL OIL, GAS AND OTHER
MINERALS AS RESERVED IN DEED RECORDED MARCH 25, 1977,
UNDER RECEPTION NO. 1714660 IN BOOK 793, AND ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
16. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS
RESERVED IN INSTRUMENT RECORDED JANUARY 21, 1982, UNDER
RECEPTION NO. 1880688 IN BOOK 959.
17. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED JULY 6, 1989,
UNDER RECEPTION NO.2184649.
18. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS,
RESERVATIONS AND NOTES ON THE PLAT RECORDED JULY 19, 1990
AT RECEPTION NO. 2208246 IN BOOK 1258.
19. RIGHT OF WAY EASEMENT AS GRANTED TO ASSOCIATED NATURAL
GAS INC IN INSTRUMENT RECORDED OCTOBER 6, 1994, UNDER
RECEPTION NO. 2409823 IN BOOK 1462.
20. OIL AND GAS LEASE RECORDED OCTOBER 30, 2000 UNDER
RECEPTION NO. 2803467 AND ANY AND ALL ASSIGNMENTS THEREOF,
OR INTEREST THEREIN.
21. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED DECEMBER 8, 1932 IN BOOK 940 AT PAGE
399.
22. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED
AUGUST 12, 1953 IN BOOK 1364 AT PAGE 349.
23. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY
RURAL ELECTRIC ASSOCIATION, INC. [N INSTRUMENT RECORDED
MAY 15, 1973, UNDER RECEPTION NO. 1613253 IN BOOK 691.
24. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED JANUARY 14, 1975, UNDER RECEPTION NO
1651933 IN BOOK 730.
B-2
111111 IIIII IIIII 111111111111 IIIII IIIII III IIIII IIII IIII
6 of 69 R 31.00 D 171.20 Ste a Moreno Clerk d R�o►deeld County,CO �
25. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED JANUARY 14, 1975, UNDER RECEPTION NO
1651934 IN BOOK 730.
26. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED JULY 31, 1989,
UNDER RECEPTION NO. 2186799 IN BOOK 1239.
27. TERMS, CONDITIONS AND PROVISIONS OF R.O.W. SURVEY PLANS
RECORDED OCTOBER 9, 1990 AT RECEPTION NO.2229626.
28. MATTERS AS SET FORTH ON SURVEY NO. 1025.0001.00 BY TST, INC.,
DATED FEBRUARY 17, 2005 AND RECORDED FEBRUARY 22, 2005 AT
RECEPTION NO. 3262508 AND AMENDMENT RECORDED MAY 11, 2005
AT RECEPTION NO. 3284988.
29. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY
RURAL ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED
DECEMBER 5, 1973 UNDER RECEPTION NO. 1625982 IN BOOK 704.
30. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED NOVEMBER 4, 1932 IN BOOK 938 AT PAGE
593.
31. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS,
RESERVATIONS AND NOTES ON THE RECORDED PLAT OF
EXEMPTION NO. 0807-26-4 RE 4064 RECORDED JUNE 3, 2005 AT
RECEPTION NO. 3921882.
3382282_I.DOC
B-3
2, When recorded return to: 1111111 1111 11111 11111 111111111111 HIM 1111111111111
Frank L.Robinson,Esq. 3349269 12/21/2005 03:06P Weld County, CO
Often Johnson Robinson Neff&Ragonetti P.C. 1 of 6 R 31.00 0 28.80 Steve Moreno Clerk& Recorder
950-17th Street,Suite 1600
Denver,CO 80202
SPECIAL WARRANTY DEED
(East Property Tract 3)
This SPECIAL WARRANTY DEED("Deed")evidences a conveyance by EASTMAN KODAK
COMPANY,a New Jersey corporation,whose address is 343 State Street,Rochester,NY 14650-0208
("Grantor"),to BROE LAND ACQUISITIONS R,LLC,a Colorado limited liability company
("Grantee"),whose address is 252 Clayton Street,Fourth Floor,Denver,CO 80206, Attention:Mr. Alex
Yeros.
Grantor,for and in consideration of the sum of$288,000.00,the receipt and sufficiency of which
is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,
bargain,sell,convey and confirm unto Grantee,its successors and assigns forever,the real property
located in Weld County,Colorado(the"County")which is described on Exhibit A attached to this Deed
(the"Property"),together with(i)the buildings,fixtures and other improvements owned by Grantor and
located on that Property,(ii)all development rights and air rights relating to the Property,any rights to
any land lying in the bed of any existing dedicated street,road or alley adjoining the Property and to all
strips and gores adjoining the Property,and any other easement,rights-of-way or appurtenances used in
connection with the beneficial use and enjoyment of the Property,and(iii)all and singular the other
hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversions,
remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand
whatsoever of the Grantor,either in law or in equity,of, in and to the Property,and all hereditaments and
appurtenances;but excluding from this Deed(a)any and all minerals,oil,gas and other hydrocarbon
substances on and under the Property,which are being conveyed by a separate Bargain and Sale Mineral
Deed of even date herewith,(b)all water and water rights of any kind,wells and well permits and rights,
groundwater and groundwater rights,ditches and ditch rights,reservoirs and reservoir rights,storage
rights,springs and spring rights,and ditch and water company stock,whether decreed or undecreed,
appurtenant to or historically used in connection with the Property,whether in the nature of tributary,
non-tributary or not non-tributary interests,which,to the extent conveyed to Grantee,are being conveyed
by a separate Water Rights Deed and certain other instruments,each of even date herewith,and(c)the
equipment,fixtures and other improvements owned by Grantor and located within the easements covered
by that certain Easement Agreement of even date herewith,pursuant to which Grantee is granting to
Grantor certain easements over the Property to benefit the adjoining property retained by Grantor,which
Easement Agreement will be recorded subsequent to this Deed.
TO HAVE AND TO HOLD the Property,with the appurtenances unto Grantee,its successors
and assigns forever. And Grantor,for itself,its successors and assigns,does covenant and agree that
Grantor shall and will WARRANT AND FOREVER DEFEND the Property and appurtenances and the
title to it in the quiet and peaceable possession of Grantee, its successors and assigns,against all and every
person or persons claiming or to claim the whole or any part thereof by,through, or under Grantor,except
for the lien of taxes and assessments for the current year and all subsequent years and the matters shown
on Exhibit B attached to this Deed.
Dated: as of December,2005.
EASTMAN KODAK COMPANY,
a New Jersey corporation
l iv\ By: .C //- •-•
Its: WteStVeal-
UM 11111111111111111111111111111111III11111(Ill Ili!
3349269 12/21/2005 03:06P Weld County, CO
2 of 6 R 31.00 I) 28.80 Steve Moreno Clerk& Recorder
STATE OF NEW YORK
)ss.
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this PM day of December,2005,by
Dyed4 Mchutakte ,as Vi rt Itch .4- of EASTMAN KODAK COMPANY,a New
Jersey corporation.
Witness my hand and official seal.
otary Public
My commission expires: MARK R WRIGHT •
Notary Public, State of New York
Monroe County
Commission Expires September 11, 11243°"/
2
" ������ 11111 11111111111111111 III 11111 IIII till
3349269 12/2112005 03:08P Weld County, CO
3 of 6 R 31.00 D 28.80 Steve Moreno Clerk& Recorder
EXHIBIT A
Legal Description
Tract 3
A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 34, SECTION
35, AND THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 67
WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT B, RECORDED EXEMPTION NO. 0807-4-35-RE 476, AS SHOWN ON THE PLAT
THEREOF RECORDED JANUARY 21, 1981, AT RECEPTION NO. 1847472, BEING
LOCATED IN THE S 1/2 OF THE NE 1/4 AND THE N 1/2 OF THE SE 1/4 OF SECTION 35,
TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO.
PARCEL 2:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 35, AND
CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35
TO BEAR S29°52'23"E, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE
THERETO. (SAID BEARING IS A GRID BEARING OF THE COLORADO STATE PLANE
COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983(1992),
DETERMINED BY GEODETIC(GPS)OBSERVATIONS);
THENCE N89°32'33"E, 1,072.55 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE
RIVER SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING
TWELVE(12)COURSES:
1) N46°20'03'W, 99.09 FEET;
2)N16°46'04'W, 85.59 FEET;
3)N04°13'02"E, 266.14 FEET;
4) N40°32'53"E, 159.44 FEET;
5)N54°26'20"E, 199.22 FEET;
6)N34°05'29"E, 124.67 FEET;
7)N61°24'16"E, 48.97 FEET;
8)N85°02'00"E, 57.59 FEET;
9) S79°35'57"E, 50.85 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35;
10)CONTINUING S79°35'57"E, 69.85 FEET;
11)S65°08'41"E, 141.98 FEET;
12) S45°45'54"E, 51.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35;
THENCE ALONG SAID NORTH LINE, N89°34'09"E, 1,273.30 FEET TO THE NORTHEAST
CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 35;
THENCE S10°48'30"E, 672.09 FEET TO THE CENTER QUARTER CORNER OF SAID
SECTION 35;
THENCE S10°46'16"E, 1,148.24 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF
SAID SECTION 35;
THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 35, S10°48'40"E, 1,127.72 FEET;
A-1
°111111111111 IIIII 11111 111111111111
3349269 12/2112005 03:06P Weld County, CO
4 of 6 R 31.00 D 28.80 Steve Moreno Clerk& Recorder
THENCE N87°18'50"W,2,326.02 FEET;
THENCE S84°16'00'W, 1,441.44 FEET;
THENCE N00°00'05"W, 641.71 FEET TO A POINT ON THE SOUTHERLY TOP OF BANK OF
THE CACHE LA POUDRE RIVER;
THENCE ALONG SAID SOUTHERLY TOP OF BANK THE FOLLOWING SEVEN (7)
COURSES:
1)N36°05'51"E, 64.27 FEET;
2)N21°22'15"E, 201.87 FEET;
3)N31°19'04"E, 192.28 FEET;
4) N42°52'40"E, 71.52 FEET;
5)N58°40'24'1E,68.14 FEET;
6)N80°24'35"E, 127.23 FEET;
7) S85°41'56"E, 418.10 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 35;
THENCE ALONG SAID WEST LINE, N29°52'23"W, 41.57 FEET TO THE CENTERLINE OF
THE CACHE LA POUDRE RIVER;
THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING
THIRTEEN (13)COURSES:
1)N84°13'03"E, 73.28 FEET;
2) N70°20'38"E, 81.99 FEET;
3)N50°40'46"E, 249.50 FEET;
4)N39°25'11"E, 141.35 FEET;
5) N59°00'59"E, 61.48 FEET;
6)N35°04'53"E, 218.40 FEET;
7)N14°47'58"E, 131.45 FEET;
8) N24°37'29'W, 150.24 FEET;
9)N16°13'28"E, 94.18 FEET;
10) N00°14'38"E, 113.71 FEET;
11) N49°11'34"W, 55.89 FEET;
12) N75°231101A/, 51.85 FEET;
13) N46°20'03"W, 93.76 FEET TO THE POINT OF BEGINNING.
A-2
itef 1111111 11111 11111 13111111 MEM 11111 IIIIIII I
3349269 12/21/2005 03:06P Weld County, CO
5 of 6 R 31.00 0 28.80 Steve Moreno Clerk& Recorder
EXHIBIT B
Permitted Exceptions
1. TAXES FOR THE YEAR 2005 AND SUBSEQUENT YEARS, A LIEN NOT
YET DUE AND PAYABLE.
2. RIGHT OF WAY EASEMENT AS GRANTED TO DENVER PACIFIC
RAILWAY AND TELEGRAPH CO. IN INSTRUMENT RECORDED APRIL 29, 1876, IN
BOOK 1 AT PAGE 540.
3. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED
FEBRUARY 11, 1999 AT RECEPTION NO. 2672770 AND AMENDMENT RECORDED
NOVEMBER 19, 1999 AT RECEPTION NO. 2733550.
4. OIL AND GAS LEASE RECORDED OCTOBER 30, 2000 UNDER
RECEPTION NO. 2803467 AND DECLARATION RECORDED MAY 6, 2004 AT
RECEPTION NO. 3178056 AND ANY AND ALL ASSIGNMENTS THEREOF, OR
INTEREST THEREIN.
5. RIGHT OF WAY EASEMENT AS GRANTED TO WELD COUNTY IN
INSTRUMENT RECORDED JANUARY 28, 1907, IN BOOK 296 AT PAGE 149.
6. MINERAL RESERVATION AS SET FORTH IN STATE OF COLORADO
PATENT RECORDED JULY 7, 1941, IN BOOK 1081 AT PAGE 168.
7. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY
RURAL ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED DECEMBER 5,
1973,UNDER RECEPTION NO. 1625982 IN BOOK 704.
8. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER
MINERALS AS RESERVED IN DEED RECORDED MARCH 25, 1977, UNDER
RECEPTION NO. 1714660 IN BOOK 793, AND ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN.
9. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS
RESERVED IN INSTRUMENT RECORDED JANUARY 21, 1982, UNDER RECEPTION
NO. 1880688 IN BOOK 959.
10. OIL AND GAS LEASE RECORDED JANUARY 20, 1983, UNDER
RECEPTION NO. 1915043 IN BOOK 987 AND ANY AND ALL ASSIGNMENTS
THEREOF, OR INTEREST THEREIN. AFFIDAVIT RECORDED JUNE 28, 1984, AT
RECEPTION NO. 1972148 IN BOOK 1035.
11. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED FEBRUARY 1, 1989, UNDER
RECEPTION NO. 2169590 IN BOOK 1223.
6732994 UCONN B-1
Allan III 11111 IIII IIII
3349269 12/21/2005 03:06P Weld County, CO
6 of 6 R 31.00 D 28.80 Steve Moreno Clerk&Recorder
12. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED JULY 6, 1989, UNDER
RECEPTION NO. 2184650 IN BOOK 1237.
13. MATTERS AS SET FORTH ON SURVEY NO. 1025.0001.01 DATED
DECEMBER 14,2005,BY TST, INC. BEING:
OVERHEAD ELECTRIC LINE IN WESTERN PORTION OF SUBJECT PROPERTY.
FENCES NOT ON SOUTHERN PROPERTY LINE IN SOUTHWESTERLY PORTION OF
SUBJECT PROPERTY IN THE SE 1/4 OF SECTION 34.
FENCES NOT ON PROPERTY LINE ALONG THE EAST LINE OF THE SW 1/4 OF
SECTION 35.
FENCES NOT ON PROPERTY LINE ALONG THE NORTH LINE OF THE S 1/2 OF THE SE
1/4 OF SECTION 35.
COUNTY ROAD RIGHT OF WAYS 30 FEET IN WIDTH ALONG THE EASTERLY
BOUNDARY OF THE NE 1/4 OF SECTION 35.
HORSESHOE PIT AND FENCE LYING SOUTH OF LOT A RE 475.
POND IN SW PORTION OF PROPERTY.
14. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT GRANTED TO
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC., BY DOCUMENT
RECORDED MAY 15, 1973, AT RECEPTION NO. 1613253 IN BOOK 691.
15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED
JUNE 13, 2003, AT RECEPTION NO. 3072613.
6132994 LICONN B-2
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Lawyers Title Insurance Corporation hereby certifies that it has made a careful search of
its records and finds the following conveyances affecting the real estate described
herein since August 30, 1972, and the most recent deed recorded prior to August 30,
1972.
LEGAL DESCRIPTION
SEE ATTACHED EXHIBIT "A"
CONVEYANCES (If none appear, so state):
Reception No. 1172941 Book 1380
Reception No. 1242154 Book 1464
Reception No. 1529333 Book 607
Reception No. 1529338 Book 607
Reception No. 1557079 Book 635
Reception No. 1567898 Book 646
Reception No. 1658987 Book 737
Reception No. 1659253 Book 737
Reception No. 1707713 Book 786
Reception No. 1707714 Book 786
Reception No. 1714660 Book 793
Reception No. 1714662 Book 793
Reception No. 1714663 Book 793
Reception No. 1714664 Book 793
Reception No. 1714665 Book 793
Reception No. 1815372 Book 893
Reception No. 1815373 Book 893
Reception No. 1815374 Book 893
Reception No. 1815375 Book 893
Reception No. 1857459 Book 935
Reception No. 1880688 Book 959
Reception No. 1881339 Book 959
Reception No. 1888544 Book 965
Reception No. 2031220 Book 1090
Reception No. 2086589 Book 1144
Reception No. 2202033 Book 1252
Reception No. 2208856 Book 1259
Reception No. 2208859 Book 1259
Reception No. 2208863 Book 1259
Reception No. 2208865 Book 1259
Reception No. 2304537 Book 1352
Reception No. 3295099 Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby
limited to the fees paid for this Certificate.
In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to
be signed by its proper officer this 10th day of March, 2005, at 7:00 am.
Order No. LTTL0000803
Lawyers Title Insurance Corporation
�?
By •'z
Authorized Signature
File No. LTTL0000803
EXHIBIT A
A TRACT OF LAND SITUATE IN SECTION 26 AND SECTION 35, TOWNSHIP 6 NORTH, RANGE
67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS A AND B, RECORDED EXEMPTION NO. 0807-26-4-RE 4064, ACCORDING TO PLAT
RECORDED JUNE 3, 2005 AT RECEPTION NO. 3921882, BEING LOCATED IN THE S 1/2 OF
SECTION 26, AND THE N 1/2 OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 67 WEST OF
THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
PARCEL 2:
LOT A, RECORDED EXEMPTION NO. 0807-35-1-RE 1244, AS SHOWN ON THE PLAT
THEREOF, RECORDED MARCH 19, 1990 AT RECEPTION NO. 2208246, BEING LOCATED IN
THE N 1/2 OF THE NE 1/4 OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
PARCEL 3:
LOT B, RECORDED EXEMPTION NO. 0805-35-1-RE 475, AS SHOWN ON THE PLAT THEREOF,
RECORDED JANUARY 21, 1981, AT RECEPTION NO. 1847470, BEING
LOCATED IN THE S 1/2 OF THE NE 1/4 AND THE N 1/2 OF THE SE 1/4 OF SECTION 35,
TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO.
JAN 2 y a, �«L�.rt /-•
Rampuon 3 124P41-Arm Sponwt,Records; .'
800(B8(I 358 s� p»
KNOW ALL HEN BY THESE PRESENTS, That we HENRY ITr'11GLRT and
DAVE HERGEEtT, as executors of the estate of, Gotfret sergert, de-
ceased, late of the County 'of.;Weld'CandoState ofuCole of orado,Weld,parties` covenant with ESTHER EHEL ,that, we County
sold We second
,
the State of Colorado, second pa y,
party certain real property and water rigts therewith hereinafter
more particularly described. 1
0 This deed is made by the first parties as such executors by
August of the ausaidiWillfwas the
admitted to said
probate$and record by
died
theist n 1953; Colorado on the 17th dayiof as
Aug County ay Court, and the sai Weld d Court appointed said first pa
executorsxect � 9t3, the
sto eewithou dispose of obtain s leavetof Courtbed therefor, 150
ertY
���� of said estate without havingrt who at the time of death,
1.7V and said cel gives to the second-party,and cultivating the hereinafter
of said was living P from
farm,' the option for'four„(t+) months Tom the death of
said deceased, to purchase the Said`.property at appraised price,
rand, the same has been appraised ate:the value of $29,000.00 by the 0 r
appraisers appointed by said. Court and,the said appraisement has
r( . Arbeen approved, and the second party, grantee herein has on Novara-
-1. ° er 10 1953, elected to"purchase said farm and water rights at i
44 ,
said price.
fr 2 0.00 cash
• - NOW THEREFORE, in consideration of tphoa sum of 57, 5
tid Note and first Deed of$211750.00, -payable inback
five(5) equaln said fannual and
instalments {
g fromts for Februaryla,-1954, 'bother first parties Sr. hand pair a,:tutors,nd it
(delivered by second ,partyi the first parties as such t '
=have granted, bargained,:'sold and'conveyed and by these presents i
'-do bargain, grant, sell, convey, --and confirm unto the said second
m di iperty all the-•following .describe'd .real estate and water rights
;,., 'situate in the County-ti Weld. of Colorado, and in the
•tporthern ColoradoeWater Conservancy District, to-wit: r
, About 80 acres, more or less, beings.
,
The North Half of the Northeast Quarter (N/2 NE/4) of Section Thirty-five (335), i
Township Six (6) North,
Range Sixty-seven (67) West of the 6th P.M. , with r
1U m irrigation water by eight '(8) shares of The Whitney
Irrigation Company. '
The second party, as purchaser, shall hay- the sole and i `
gaslandvmineral righht and tsxin theer to msaid leases
lands, and the
towhole
receiptoil,
t
for all bonuses, delay monies, rentals ac.d royalties
therefor, without Joinder of the executors as first
parties hereto; but with duty of the second party as $
purchaser to account;;for and pay over to the executors
lit tit all bonus monies and the one-half (1/2) share of all ,
u,4>„•. . delay rentals and of all royalties, reserving the remain-
.,, ing one-half (1/2) share of delay rentals and royalties
to the second party and without any liability on the
•
lessee to see to the application of the proceeds thereof.
After the estate is finally settled in probate, such, 4
payments to be made to the executors shall then be divided
. � ' into two parts, one part thereof to the trustees for gva 1
Hergert under said Will; the other part to the residuary
,jW devisees thereunder.
Subject to taxes for the year 1954, Payable in 1955, and
water assessments falling due,in 1954, which second party assumes. '
^ _
X138() 359 `.
f
TO HAVE AND TO HOLD EE SAKE, with all the appurtenances t
thereunto belonging, or in anywise appertaining, to the proper
use, benefit and bepoof of the said party of the second part, ,
the survivor of himc his assigns, and the heirs and assigns
r
of such survivor forever.
IN WITNESS WHEREOF, the said parties of the first part, as
executors of the said estate as aforesaid, have hereunto set their
' �
hands and seals the 10th day. of November, A. D. , 1953. i
ry "/
�1 ,_ I Jl, D, (SEAL) 14?
J nry, eriert
F
t G (S:AL) 4
ave ergert, �5�
as executors of the estate of
1�7U Gotfret Hergert, deceased.
G
STATE OF COLORADO) SS
•1G COUNTY OF WELD ) �,
The foregoing instrument was acknowledged before me tuts
10th day of November, 1953, by H6NRY HEROERT and DAVE Ht,HUEtT,
as executors of the estate of Gotfret Hergert, deceased.
,x J.:p tness my hand and official seal.
�3TA9 .,,commission expires: / .
-. r 2 Izmir expires Dsc. 1, 1954 / lifrj�'�/f
9 . Notary lic
S
a
3
t
2a}'h al'1 1•` s-v .a °7 ale u, e ss'kt -(k ^+f sTM av tl`s i-,; "kt Ms +S'. „a
t �;bid4k4 -K 4)YGi". Sa;e x a �`a ; N,,,---...-.c•--,,,, ,._
$o {9 (/
t N n ,def_,, ,'b s' wade' 5 t �.: ae�F tlack�e E.. s
h'r" tea 3, SS bl <VNonNo tkn44Lt5 ( -li i 5CQdtk' Reeot4er.
,-.,..0.-
ar :,{s t�vs �r s
ixw xar\t t n
y 1Lde ii a. 26th•- day of November- in the
t {t,, i' a -Fitt -six benvetn
yprrq(op(�Lord one lhdmnndnina hundred and Y
,; ' 412en 3:' tleNab end Lillian IL'Lamb
1 Count of Weld and State of Colorado,of the
k of thp) cL .. ,iy1 » Y
6raYk )ttlt sandti")Allen D1 Lamb end Lilllala Ir Lamb
T tT s d lf, 1. k.
tltfi Weld and State of Colorado,of the
$f filet.3 ' - Catnt]ot
0WITNESSETN; That the said Parties , of the first part,for and in consideration of the sum of
DOLLARS,
to the said part les of the first part In hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha VG granted, bargained, sold and conveyed, and by these presents-do
grant, bargain,sell, convey and cmtfirm unto tl said parties of the second part, to pass not in tenancy in common
but in joint tenancy, the survivor of them,their assigns and the heirs and assigns of such survivor forever,all the fol-
lowing described lot n or parcel s of land,situate,lying and being in the
Cooney of Weld and State of Colorado, to-wit:
The South one-half or the Northeast Quarter and the North one-half of the
Southeast Quarter of Section 35, in Township 6 North, of Range 67 West of
the 6th Y.M. Weld County, Colorado,Also oil that part of the Southwest Quarter of Section 36, Township 6 North,
of Rang Sixty-sever West of the 6th P.11„ lying West and South of the West
. County Road and North of the Cache le Poudre River,
'i'ogoth'sr with 17 shores of theoapitel stock of The Whitney Irrigation Company
.
(The nettle). consideration for title deed is less then one hundred
' dollars) -
'^ TOGETHER with all and singular the Iirrcditauc its and appurtenances thereunto belonging, or In any wise
pperlaining, and the resersimt and reversions, remainder anti it .l sailers, rents, Issues and profile thereat; and
all the estate, right, title, intrresp claim and demand whatsoever sal the said Part ion of the first Part, tither in
law or equity, of, in and to the above bargained menthe,the I,creslilanients and appurtenance.
TO HAVE AND TO HOLD the .aid Premise: above bargained and described, with appurtenances, undo the
said partite of the second part, the survivor of them, their assige(1 a+`! else heirs and assigns of such .survivor for-
ever. And the said part lea of the first part, for thorn seven, Liars, executors, and asbniniat razors, do
covenant. grant, bargain and agree to and with the said Parties of the second part. the survivor of them their
assigns I the heirs and assigns of such survivor, rant at the bite of the ensealing,and deliverin, of these presenth.
they are well seized of the premises above conveyed. as of good, sure, perfect absolute and it'd,feasible estate
of inheritance, in law. in fee simple,and ha Yo good right, full power anti lawful authority to grant, bargain.
sell and eon Vey, the same in nnaaner and form aforesaid,and that the bailie are free and clear from all former and
other grants, bargains, sales, liens, taxes, assessments and incnm tea nets of whatever kind or nature swur.
except as of record -
and the above bargained premises in the quiet and peaces hie Po-session of tie said parties of the Second Part, the
survivor of thew, their assigns and the heirs and assigns of such survivor, rigabel all and every person or Persons
lawfully claiming or Ia eleinu the whole or any part flared,the said part lee of the first part shall and will
\V:\ItRAN't' AND FOREVER DEFEND.
IN WITNESS'WHEREOF, the said part to st the filet part ha ve hereunto set t he i.r hand II and
seal g the day and year first above written. _ .
Signed, Sealed and Delivered in the Presence of _ ._....._.-. /why. . .._._...._.(SEAL)• L/{!
(6—i ✓-.
n _ .4,-1-...._.o__(SEAL)
•
STATE oif COLORADO.
4, ss. The foregoing instrument was acknowledged before ram Ills JQ_ ,6tJ1____.day of
CotnRy.,yf)Veld.
+' en Novombni11.._._' _. 10.6 ,by
q ) R} ,q, 1. AAllen Be Lemb,and ',Wien I. Lamb
if l) 1, Witness My Hand and Official Seal -
My Contmisries-Eapkes�./'J My Cnmmisstonp If Dec'. I,I9S6
I � jar) Public.
WARRANTY DEED—To Joint Tenants—McVey Printery, Greeley, Colorado. ,
..
O -r R....d.e.r_._.be 33� .4
M_MAR 281969
o cQppqq pO
IOON 6l"7 R✓..Ho....._.,,....�.V.(wz a3 Ann Swmn.Recedo
V��ll -1/4-/
.-. WARRANTY DEED
The Great Western Sugar Company, a Delaware corpora-
o,
t,, tion, whose principal office address is 1530 - 16th Street,
to ^ $ u
rn Denver, Colorado, Grantor, for the consideration of Ten Dollars . it a
..4 ($10.00) and other good and valuable considerations in hand gW
NI
ei
44I XII
paid, hereby sells and conveys to Eastman Kodak Company, a O m 44 :New Jersey corporation, Grantee, the following real -prererry in ! F2-2,
o p
o I ` ii
0
the County of Weld, State of Colorado, to-wit:
m
^+ Parcel A
c: 6f,
11
All of Sec. 28; the E1iSEk and the EkNEk of Sec. 29; /0.96
the NEkNEk of Sec. 32; the NWk, the NkNEk, the
SWkNEk, W'SEk and the SEkSEk of Sec. 33, all in
T. 6 N., R. 67 W. of the 6th P.M.
Except that part of the Eke of said Sec. 28 and ro
`
that part of the NEkNEk of said Sec. 33 and that o;
part of the SEkSEk of said Sec. 33, all as described
in deed to The Northern Construction Company recorded r4
in Book 271 at page 319; and
..-- Except that part of the SEkSEk of said Sec. 33 0-i
described in Deed to Weld County recorded in Book 996 1
at page 620; and
Except that part of the NEkNWk of said Sec. 28 •
described in Deed to Town of Windsor recorded in
Book 1000 at page 83; and
e
Except that part of the SEkSEk of said Sec. 33,
described in Deed to H. V. Crumly and Mary Ruby Crumly O
recorded in Book 1593 at page 301, as corrected by
deed recorded in Book 1594 at page 514; and °'
OA'
0
Except that part of the NEk of said Sec. 29 described o
as Parcel No. 2 in Deed to County of Weld recorded o
under Reception No. 1486952 in Book 565.
rn
Parcel B CO
It
The W3/4 of Sec. 26; the EkSEkp the EkNEk and the x
EbWkNEk. of Sec. 27; the EheSE&& and the NEkNEk of
Sec. 34; and the N1/2NWk of Sec. 35, all in T. 6 N. ,
R. 67 W. of the 6th P.M.
..°K 60'7 1529333
4"--;\
• Parcel C
A parcel of land in the NE3 of Sec. 21, T. 6 N., R. 67
W. of the 6th P.M. more particularly described as follows:
Beginning at an Iron Pin which marks the Southeast corner
of the Second Filing, Town of Windsor, according to the
plat thereof recorded in Book 3 of Maps at page 15 of the
records of the County of Weld, said corner also being
located at the intersection of the east line of East
Street with the south line of Locust Street of said Town;
thence northerly along the east line of East Street 866.61
feet to a point marked by.en Iron Pin which is 1C.0 feet
southwesterly of, when measured at right angles to y the
centerline of a railroad spur track; thence along said
track southeasterly by the following bearings and dis-
tances, (said bearings being based on the bearing of the
original northerly property line of S. 70° 56' E.);
S. 48° 38k' E. 267.50 feet to an Iron Pin; thence
S. 44° 40%' E. 99.98 feet to an Iron Pin; thence
S. 48° 05' E. 100.00 feet to an Iron Pin; thence
S. 52° 40' E. 100.92 feet to an Iron Pin; thence
S. 57° 19§' E. 99.83 feet to an Iron Pin; thence
S. 63° 49' E. 99.94 feet to an Iron Pin; thence
S. 70° 05'':' E. 99.89 feet to an Iron Pin; thence
S. 70° Ill E. 100.02 feet to an Iron Pin; thence
S. 70° 02' E. 99.98 feet to an Iron Pin; thence
S. 68° 00' E. 100.00 feet to an Iron Pin at the
west end of a reinforced concrete coal storage pit
2.25 feet south of the northwest corner thereof;
thence S. 71° 14' E. 390.98 feet to an Iron Pin on
the north edge of said coal pit; thence S. 81° 08k'
E. 51.44 feet to an Iron Pin; thence 8. 89° 51/' E.
99.96 feet to an Iron Pin; thence N. 89° 30' E. 99.94
feet to an Iron Pin; thence S. 87° 42' E. 100.08 feet
to a point in the east line of said Sec. 21, 1339.97
feet south of the northeast corner of said Sec. ; thence
south along said Section line 271.25 feet to a point
marked by an Iron Pin; thence S. 85° 04-' W. 213.26
feet to a point marked by an Iron Pin in an existing
property line fence; thence with said property line
fence S. 81° 25%' W. 127.60 feet to a point marked
by an Iron Pin; thence with said fence S. 59° 31'x' W.
305.6 feet to an Iron Pin; thence S. 66° 01%' W.
345.92 feet to a point on the west side of the Lake
Supply Ditch; thence S. 46° 48' W. 432.17 feet along
the northwesterly bank of the said Lake Supply Ditch
to a point marked by an Iron Pin; thence N. 88° 37'
W. along a corral fence 508.0 feet, more or less, to
the east line of East Street of said Town of Windsor;
thence north along said east line of East Street 772
feet, more or less, to the point of beginning.
Together with all improvements located upon said
Parcels A, B and C;
- 2 -
.' 607
1529"33
Together with all of the Grantor's right, title and
interest in and to 53 shares of the capital stock of The
Kern Reservoir and Ditch Company, 64 shares of the capi-
tal stock of The Whitney Irrigation Company, 86 shares
of the capital stock of The B. H. Eaton Ditch Company,
24 shares of the capital stock of The New Cache la
Poudre Irrigating Company, 2 shares of the capital stock
of The Windsor Reservoir and Canal Co., and 3 preferred
water rights in the Fossil Creek Reservoir of The North
Poudre Irrigation Company;
Together with all of the Grantor's right, title and
interest in and to the Dnvt4 g^era_ge D{trh ar.d
Consolidated Law Ditch;
Together with all of Grantor's right, title and
interest in and to all water and water rights employed
or used upon or appurtenant to said Parcels A, B and
C, but expressly excluding any water or water rights in
the Northern Colorado Water Conservancy District evi-
denced by contracts between the Grantor and said Con-
servancy District;
Together with all of the Grantor's right, title and
interest in and to any ditches, ditch rights, flumes,
canals and reservoirs appurtenant to or used in connec-
tion with said Parcels A, B and C;
Subject to 1969 general taxes due and payable in 1970;
Subject, also, to reservations, restrictions, excep-
tions and conditions of record, and zoning statutes,
ordinances or regulations of record;
Subject, also, to easements, rights-of-way and grants
for roads, railroads, power lines, telephone lines,
sewer lines, pipe lines, ditches and laterals, exist-
ing or of record, and to the inclusion of said property
in Northern Colorado Water Conservancy District, West
Greeley Soil Conservation District and Windsor-Severance
Fire Protection District;
with all its appurtenances and warrants the title to the same,
subject to the foregoing, except that as to all water, water
rights, ditch and reservoir rights, the Grantor conveys only
all of its right, title and interest therein.
As a further consideration for the execution of
this deed by the Grantor, and without which this deed would
not have been executed, the Grantee hereby covenants and agrees
- 3 -
•
BOOK 607 1529333
q-y .
that for the period of 20 years from and after the date hereof
the Grantee shall not use the real estate or improvements
hereby conveyed or any thereof for the manufacture, process-
ing, distribution or sale of refined sugar, molasses, beet
pulp or any related beet sugar by-products and that this
covenant shall be construed as a covenant running with the
land and shall inure to the benefit of the Grantor, its
successors and assigns, and shall be binding upon the Grantee,
its successors and assigns, and all persons, firms or corpora-
tions claiming by, through or under them, or any of them.
Nothing herein shall prevent the Grantee from growing and
selling sugar beets on said/Parcels A, B and C.
Signed this ,2 �3ay of March, 1969.
S�-'•�, THE GREAT WESTERN SUGAR COMPANY
a.
A£te'sef• A� --
S. Y 6
B
Se c•S:eLarc President
(SEAL)
STATE OF COLORADO
) SS.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me
this ^x{ day of March, 1969 by Robert R. Owen, as President,
and Robert A. Wherry, as Secretary of The Great Western Sugar
Company, a Delaware corporation.
- Witness my hand and official seal.
L A My Commission expires:My Commission expires May 3,1969
_ _
.
u $$(tL) tary Public
•m
tn aoox 607 Reenact__ MAR 9 R 1969Lyr at `��o'etodk g' u.
,) 8eceprieo Na. — 1 ,,S338 •MM ren..en-, Recorder.
QUIT CLAIM DEED /--/
I. N
1 i
CBIOS Beek Made this G7/� day of March I 4
i. �c •
'' In the year of our Lord one thousand nine hundred sixty-nine js ro. t
O, ?o co, I
between --JOHN E. WEBER and ELEANOR PAULINE WEBER-- I l
tai of the County of Weld ,and the State of Colorado,of 1 .;•�
r•s i
y rev first pad,and--EASTMAN KODAK COMPANY, a corporation organized and existing ,
r^ under and by virtue of the laws of the State of New Jersey--
,~, ,of the
.di
second part; WITNESSETH, That the said part lesof the first part,and for and in consideration of
e- the sum of
rn TEN and no/100 -Dollars,
0 1 to the said part ies of the first part in hand paid by the said part y of the second part,the re-
o tempt whereof is hereby confessed and acknowledged, hashave remised, released, sold,conveyed and
QUIT CLAIMED,as o! by.lh_ele..resents do ' J
., I.irti to sell.coo an U1T
yev d O CLAIM
unto the said part y of the second part, ul/ltwa aan i(esfgns forever,all the right,title,interest,
EP claim and demand which the said parties of the first part ha ve in and to the following described
N� real estate attune,lying and being in the County of WELD and State of Colorado,to-wit;
.i' The Went one-half of Section Twenty-six (W 1(12 of Sec. 26),
The East one-half of the East one-half of Section Twenty-seven
(5 1/2 E 1/2 of Sec. 27),
The East one-half of the West one-half of the Northeast Quarter $ •
of Section Twenty-seven (5 1/2 W 1/2 NE 1/4 of Section 27), Cr.,
The Northeast Quarter of the Northeast Quarter of Section Thirty-four, •
the South one-half of the North one-half of Section Thirty-four, the rn
0
South one-half of Section Thirty-four (NE 1/4 NE 1/4 of Section 34, in
S 1/2 N 1/2 of Sec. 34, S 1/2 of Sec. 34), T-1
The North one-half of the Northwest Quarter of Section Thirty-five
(N 1/2 NW 1/4 of Sec. 35),
P
eY
all in Township 6 North, Range 67 West of the 6th P.M. '
I
To Have and To Hold the same, together with all and singular the appurtenances and priv- •
degas thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, in-
terest and claim whatsoever,of the said part fen of the first part,either in law or nifty,to the only
proper use,benefit and behoof of the said park, of the second part, itJ &alas b2signs forever.
•
IN WITNESS WHEREOF,The said parties of the first part ha vebereunto setYleiriands
and seals the day and year first above written.
i ,Gam- •
Signed in the Presence of r- --- 1 (S�) to
en
`'"( eanor ine Weber( 4 (Seal) o
„m„ / (Seal) o
S ''E OF r'i!°'�Sa'-`tDO'tss. The foregoing instrument was acknowledged before me
,k,0.' /i s ! this , day of March ,A.D. 19 69,
4 . \V lei
P()B\-.'o` by JOHN E. WEBER and ELEANOR PAULINE WEBER.
3.
..C....
.. ..eP
Witness my Hand and Official Seal.
My Commission Expires Pa,' d. 427
s
'.75" les
91 �--.--- Q
u\ Recorded at a o'clock P.M N QVS-19J0 CD
I--
635 Reception No 1rd J'7.Q�9 "*al¢QMM , Recorder. •r--i
KNOW ALL MEN BY THESE PRESENTS,That JOHN C. TODD and TATE M. TODD - -
�..-.. of the County of Weld ,and State of Colorado, :-s
• Ter the cenlideration of Other good and valuable considerations and Ten - Dollars,
Cr, ha hand paid hereby sell and convey to _NSE_ - _ _ -
rtt L PHELPS CONSTRUCTION CO.,S AColorado '
orati HI
on - - - - County of Weld
• - tty ,and State of Colorado,
•
p the following real property,situate in the County of Weld - - - -
t~n and State of Colorado,to-wit: The South Half of the Southeast Quarter (S,k,SE ) of
NSection Twenty-451x (26), Township Six (6) North, Range Sixty-seven (67) •
West of the Sixth (6th) P. H.; together with eight (8) shares of the
mr capital stook of The Whitney Ditch Company; also together with all water •
and water rights appurtenant to and used in connection with said property;
• also all ditches and ditch rights, reservoir and reservoir rights, ripper- n-
o taming or used in connection therewith; also conveying herewith all of O
~ Grantors' right, title, and interest in and to all the oil, gas, and other"'
o
o minerals. o
Store Documentary Fee 80
•
2' Din, ote-. ...EOV.S..r..197L O.F. l4.- R
1 8 ...\2,.r8Q........_...-- f
a
•
with all its appurtenances,and warrant the title to the same,subject to the unpaid ba loners of
a Deed of Trust recorded under 'Inception No. 1511758, in Book 590, on
the Weld County Records, which The Orontes assumes and agrees to pay •
when due; also subject to Right Of Way Agreement recorded in Book 938,
at Page 593 on the Weld County Records; and subject to taxes assessed
for 1970 due and payable in 1971 which are adjusted in this settlement.
Signed and delivered this 5th - - day of November - - -��- ,A.D.19 70
In the presence of 'y 1.r.. L't are (SEAL)
o n C. Todd/'
- ...._ f.�o. h.rfba (SEAL)
a e_N',
(SEAL)
STATE OF COLORADO,'
COUNTY OF WELD. fan
The(ongoing instrument was acknowledged before me this.5th.......day of Remember • i
19- $b)N'I n,rbhn C. Todd and Tate 11. Todd
'1 EAES my hind and official seal.
3 1. cconlmishlon dpires December 30, 1973 OLIO.
Notary Public.
•It bynahilpLpfrwn or person,Iwrein i'tart ionic or names;if by persons acting in reprcsentat e Of official Op¢Ity
or as attorney-in-feet,then insert name or parson as cutorr, aelormy-in-fart or other capacity or description: 11 by
officer of corporation,then insert name of wd,office or officers,as llte president or other officers of such corporation,nam-
inget-- STATUTORY ACKNOWLEDGMENT.SESSION 1927.
I
WARRANTY DEED--Statutory Form
/ii.
f• , R4 ry1
•(� ea1+..g. c 1teCUlded tR..._.....Y.�....�._...0'OtMIL..L:_...�f.r _._...........__.�Al_.IJ...-W�.� INDEXED J
CO
Tins DEED, Made this lath day of May .19 71
between ALLEN B. LAMB and LILLIAN I. LA}1B o,4-4
Stott'
M i? ` //r
of the
We
-ROGERM and Hato of Deland*,GERALD tha Drat Dart.and
,S,°, < OGLg GUMP, JACK SUNDHEIM, J. STARIKA, a
co DEAN G0004AN, and GLENN JUSTICE
in
,—1 01381441of the eennd part: - D
WITNESSETH, That the said partksof the first part for and In consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS 0
m to the said pert ies of the first part In hand paid by said part ies of the second part,the receipt whereof le °,
hereby confessed and acknowledged,ha Veg fated,bargained,sold end conveyed,and by these presents do the
grant,bargain,sell,convey
and confirm, into the said putt ies of the second pert,thelihe6e and assigns for- o
ever.all tho following described lot Cr parcel of land,situate,lying end being in the 0
County of Weld end State of Colorado,to wit:
A tract of land situated in the East half of Section 35, Township 6
ti North, Range 67 West of the Sixth Principal Meridian, Weld County, .
Colorado, being more particularly described as follows: Consider-
ing the East ling of the Northeast quarter of said Section 35 as
bearing South 00 33'20" East and with all bearings contained herein a
relative thereto. Commencing at the Northeast corner of said Sec-
tion 35, thence South 00°33'20" East 1319.94 feet to the Northeast
corner of the South half of the Northeast quarter of said Section
35 said point also being the true point of beginning, thence South
00433'20" East, and along the East line of the Northeast quarter of
said Section 35, 970.00 feet, thence South 89°36'28" West, 1040.00
feet, thence South 00°33'20" East, 352.00 feet, thence South 89°36'
28" West, 555.00 feet, thence North 00°33'20" West, 1322.00 feet to
a paint on the North line of the South half of the Northeast quarter
of said Section 35, thence North 89°36'28" East 1595.00 feet to the
true point of beginning. Said tract contains 40.00 acres.
J ', •w;.. oeU
C4 , 737oRecorded t/f ... ....lita..• - R.2.5.19Z.5. Ln
N Reception No iSr5898 .. ___...._..__—d .S.fii IIfe..at___ A¢order. :.J
' I_
n Atleg DEED, Made this 24th day of March ,1975 , ti
(
e. • between Roger Gump, Gerald J. Starika and Stole D°CUmenitrry Fee 1
Jack Sundheim APR 2.51975
N. County- of the of Arapahoe :'and state of
0
co Colorado,of the first part,and Glenn Justice, James A. $_A-2...�_•„---
•oo Justice, of the City and County of Dallas,
I^ State of Teatm(v s• and W. Dean Goodman
VD
of a City and of Denver and elate of 0
Colorado,of the second part, .
° WITNESSETH,That the said pert iesof the first part,for and in consideration of the stun of
°
Ten ($10.00) -DOLLARS,
e'' to the said part ies of the first part In hand paid by the said part les of the second part, the receipt whereof cw
tiN is he.eby confessed and acknowledged, have remised,released, sold, conveyed and QUIT CLAIMED, and by '1'
se
these presents do remise,release,sell,convey and QUIT CLAIM unto the said part lea of the second part, t"I
their heirs,successors and assigns,forever,all the right, title, interest, claim and demand which the said 0
0n
parties of the first part ha ye in and to the following described lot or parcel of land situate, lying and
being In the County of Weld and State of Colorado,to wit:
MI' A tract of land situated in the E 1/2 of Section 35, Township 6 �^
`‘.-I North, Range 67 West of the Sixth P.M., Weld County, Colorado, We
' being more particularly described as follows: ,
Considering the East line of the NE 1/4 of said Section 35 as
bearing S 00°33'20" E and with all bearings contained herein
relative thereto. Commencing at the NE corner of said Section 35,
thence S 00°33'20" E 1319.94 feet to the NE corner of the S 1/2
of the NE 1/4 of said Section 35, said point also being the true
point of beginning, thence S 00°33'20" E, and along the East
line of the NE 1/4 of said Section 35, 970.00 feet, thence S 89°
36'28" W, 1040.00 feet, thence S 00°33'20" E, 352.00 feet,
thence S 89°36'28" W, 555.00 feet, thence N 00°33'20" W,
1322.00 feet to a point on the North line of the S 1/2 of the
NE 1/4 of said Section 35; thence N 89°36'28" E 1595.00. feet to
fs, the true point of beginning, containing 40.00 acres more or less.
0
m =MX C `.1'JJtnt•XAlAX 7t1IMN•
N
roe TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto
I belonging or in anywise thereunto appertaining,and all the estate,right,title,Interest and claim whatsoever,of the
Z said parties of the first part,either in law or equity, to the only proper use,benefit and behoof of the said
O parties of the second part,their heirs and assigns forever.
F IN WITNESS WHEREOF,The said part iesof the first pars. all ednto settheir handS
Rae,: .... s the day and year first above written. / 7
O
..L-.e -¢-� [SEAL]
W Signed,Sealed and Delivered in the Presence of — f• : / �_
'"' - �y�'itlln..
2 '' \ ' p k [SEAL]
Q ack Sun• elm — [SEAL]
E [SEAL]
STATE OF COLORADO,
C L a
(tea(Y On( County of Eaaff�k. r/ /�
The foregoing instrument was acknowledged before me;his ���,,����fffT da of �/L!/Lf ,; ,
1a75 ,by* Roger Gump, Gerald J. Starika and a Sundnei.m. 1-p j,' —
ya Jr
My tommiselea aspires 11' , 197 Witness my hand and official seal n I p t 0 x.'
,0 t �..cCN/f6 i,e. r �7 0 11,2r. ,
,f,
i
elf pr slut❑r.n ° r perwps bare insert n e or names:1I br Pv o elaae In reprnrnlaare°r official capacity ar as
albcney.n faor,Nen m Ul o er pe qq toc. flora T-In-font of other o of such or corpora lone a mby f leer or mo-
poraUoq!pea lw f uemn f as.ftla. •`fflc� tit`V loam er ether officers of each empontse Ina IL—ar°furory
dceaowe,.d,,ne 1.Sac.ttl.a.-1 Cotmaap Be°.is d suW,u Cell.
No.952.QUIT CLAnS OEED.—Unarere rummer I-v_1551.,e stunt ffirtet.Denver.Colorado(5134011)—4Ye
BOOK1731
Recorded a --- o.,«k ,APR 'Q 1975 0.1 10ED5923 r,
!. Rec. No. .. 5. Lee Shelve, Jr., Reath, �"t
.__..___.....I-I
WARRANTY DE w��ttt
KNOW ALL MEN BY THESE PRESENTS, That Hensel Phelps Construction Co. , ,,.y
0.
+
a`
CD
of the County of Weld and State of Colorado, for the consideration of Ten Dollars and .
r� other valuable considerations in hand paid, hereby sells and conveys to E. D. Warde, O __ • -
--_
of the County of Denver and State of Colorado, the following real estate and property,
v7 e
-+ `* situate in the County of Weld and State of Colorado, to-wit: '
.
w ° ' -The South Half Southeast Quarter (S₹.5E4q), Section Twenty Six (26)
In Township Six (6) North, Range Sixty-Seven (67) West of the 6th P.M. ;
o C ....
u
N
N
o - Together with eight (8) shares of the capital stock of the Whitney Ditch o
o Company; o —
V , :.
l
Together with all water and water rights appurtenant to and used in ,n _
\fg.
connection with said property including all ditches and ditch rights, o,
reservoir and reservoir rights appertaining or used in connection 'fr
r•
therewith; -Cis - -
Also conveying herewith all of the grantors rights, title and interest
in and to all oil, gas and other minerals whatsoever,
together with all its appurtenances and warrants the title to the same, subject, however,
to the following: _—
1. The unpaid balance of a Deed of Trust recorded under Reception No.
1511758 in Book 590 of the Weld County Records which the grantee _•,assumes and agrees to pay when due.
2. Right-of-way Agreement recorded in Book 938 at Page 593 of the
Weld County Records. State Documentary Fee
APR 291975
3. 1975 taxes due and payable in 1976. Date —.—.
S /.q• (o0
4. 011 and gas lease now existing on the premises. The gra tots
benefits of which have been assigned to the grantee. ,_;-
N. d and delivered this 29th day of April, 1975.
e0tilitt0RE: 131;1.--.:-.'
....
.�,, HENSELLPPHELPS CONSTRUCTION CO _
By
•, Assistant Secretary Robert A. Ruyle, i President
9 .
STR7 •LUee.Gt9LORADO )
SS
COUNTY OF WELD )
The foregoing instrument was acknowledged befor, me this -J9T- day of - -- -.
__Lit' ..• / , 1975, by Robert A. Ruyle as Vice President and 7/nnws..,, ,,Ifi
_ as Assistant Secretary of Hensel Phelps Construction Co.
WITNESS my hand and official seal. a ".•...•....re,
,,,:' 017,0 .'1O . :
My commission expires: 4,,..../..€4.76' .rr
q: -' "Yl or ; _ _
_ , G s
Notary Publ e>.. _
!,'t 311.
I . ^
r�fi 4 ' +�+t"'G'&ra. ₹ igI •ig' Gr_r "4 im4Ygij` iS fR Trj�`3 utirt+l �.k` ''?qr .�'1s�"`: die xii,4ii yv.
•*L":11,11 u ax '',grfr ,st'"'-Y.YA7#.i :: 1 -7 /: Y .2 teeer x.ykeit .F,,. iliinrh....:,v .aciork
cr
00,18, 6 Recorded at /c2€."1o'clock.. Id., JAN N...1B7.! .
cr 0 O //�t,1yyr,.yf
C--? Reception No 17.0 .7 3 ;MARY MIN FEUF,t MS:1,,,.Recorder.
(NI,
f 7 RECORDERS STAMP
I 'PHIS DEED, Made this day of December ,
i 19 76 ,between DEAN GOODMAN A/K/A W. DEAN GOODMAN,
ii GLENN JUSTICE, and JAMES A. JUSTICE of the
C j City and County of Denver and State of Cole-
1; :redo,of the first part,and
v.{l GLENN JUSTICE MORTGAGE COMPANY, INC.
a corporation organized and \
Iexisting under and by virtue of the laws of the State of Texas
dof the second part:
•
WITNESSETH, Tkat the said parties of the fiat port, for and in consideration of the sum of
o TEN AND N0/100 DOLLARS
to the said part ieS of the first part in hand paid by the said party of the second part,the receipt whereof is
m hereby confessed and acknowledged,ha Ve granted,bargained,sold and conveyed,and by these presents do
grant,bargain,soli,convey and confirm,unto the said party of the second port, its successors and ensigns forever,
ail of the following described lot or parcel of land,situate,lying and being in the
County of Weld and State of Colorado,to wit:
A tract of land situated in the East half of Section 35 Township 6 North, Range 67
West of the Sixth Principal Meridian County,of Weld Slate of Colorado, being mar
particularly described as follows: Considers the peat line of the Northeast
Quarter of said Section 35 as bearing South 0033'20 East and with all bearings
o contained herein relative thereto. Commencing at the Northeast corner of said r
�� dx, Section 35, thence South 00°33'20" East 1319.94 feet to the Northeast corner of w
the South half of the Northeast Quarter of said Bentsen 35, said point also being
C the true point of beginning, thence South O0°33'20' East, and along the East lips
of the Northeast Quarter of said Section c5 970.00 feet thence South 89°36'28
West 1040.00 feet thence South 00033'20 het 32.00 Feet thence South
89036'28 West 5551.00 feet, thence North 00°3320 West, 1322.00 feet to a point
on the North lie of the South Half of the Northeast Quarter of said Section 35,
N.
thence North 89°36'28" East 1595.00 feet to the true point of beginning.
TOGETHER with all and singular the hereditament' and appurtenances thereunto 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 the said part ies of the first part,either in law
or equity,of,in and to the above bargained promises,with the hureditaments and appurtenances,
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the
said party of the second part, its successors and assigns forever. And the said pardes of the first part, for
them set ves,theiitwirs,executors,and administrators,do covenant,grant,bargain and agree to and with
the said party of the second part, its successors and assigns, that at the time of the unsealing and delivery of
those presents,they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of Inheritance,in law,in fee simple,end ha Me good right,full power and lawful authority to
grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from
all former and other grants,bargains,sales,liens,taxes,assessments and encumbrances of whatever kind or nature
waver, except the 1976 General Taxes and subsequent years
and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its
successors and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part
thereof,the said part iesf the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,Tho said partiesof the first part have hereunto set their hand S
and seals the day and year first above written.
Signed,Sealed and Delivered in the Presence of I .. ... [SEAL]
�•� [SEAL]
[SEAL]
STATE OF COLORADO, ,d''e"m� •
,
City and county of Denver
The foregoing instrument was acknowledged before nte't1r cd 7 day of December
1976 by DEAN GOODMAN A/K/A W. DEAN GOODMAN, GLENN JUSTICE and JAMES A. JUSTICE,
e?f'jay !piton expires July 24, 1978
s. WiTNEss ntl!Lund and official seal.
4.
rf �1..,. ` _- a,\ �r"^ .GG.Ci sleds Pubnc.
1a . .
NO.:9527 WARRANTY DEED TO CORPORATION—For yMbpsebte Bend.
ar.droN Publishing eu.LY41'abut8len4 Dmrde,Colondo
yaTv ,N { t V '�b/�e,'`yy, i FtE S 1r T .5 l j
,2et 4'mm' 4.k `153y P .'f l FS St . t_� I M A. ^, 2 4 ` OP. 2411 1':•YY(�•.L-1,{laCS}K41tV,/(
/ s ,(� AN 3
‘+ ,yeJ d� Recorded aL.._.f.a� o'c1ecY..Y...M., t� _
//OOtA L
Reception No...._: 14! 7/4 atArtv_.M:M-KOERSIHNRecorder,
L
I FILING STAMP
THIS DEED, Made this 30th day of December ,19 76 ,
between
I GLENN JUSTICE MORTGAGE COMPANY, INC. y
1 A+ _ a corporation duly organized Stole Documentary Fag n
end existing under and by virtue of the laws of the State of Texas JAN 3 1977 d
Dale
of the first part,and I
i r— ROBERT L. LAMB and EDDIE M. LAMB - o
0 of the County of
I �-i and State of Colorado,of the second part:
WITNESSETA: That the said party of the first part,for and in coo- O
))(N sideration of the sum of FORTY FIVE THOUSAND AND NO/100 O LARS,
i V' gi to it in hand paid by the said parties of the second part,the receipt whereof is hereby confessed and acknowledged, e.
1 v:0\ has granted,bargained,sold old conveyed and by these presents does grant,bargain,sell,convey and confirm unto
r the said parties of the second part,not in tenancy in common but in joint tenancy,the survivor of them,their assigns
- - and the heirs and assigns of such survivor forever,all the following described lot or parcel of land,situate,lying ..o
s-t
lying and being in the County of Weld and State of Colorado,to wit.
C,
A tract of land situated in the East half of Section 35 Township 6 North, Range 67 O
West of the Sixth Principal Meridian County of Weld State of Colorado, being mot
('— particularly described as follows: Considering the &est line of the Northeast
in Quarter of said Section 35 as bearing South 00033'20 East and with all bearings
! contained herein relative thereto. Commencing at the Northeast corner of said `"
Section 35, thence South 00033'20" East 1319.94 feet to the Northeast corner of U. j'
' the South half of the Northeast Quarter of said Section 35, said point also being i` -;-
the true point of beginning, thence South 00033'20' East, and along the East line t$of the Northeast Quarter of said Section 35 970.00 feet thence South 89°36'28"
West 1040.00 feet thence South 00033'20 Fast 342.00 Feet thence SouthNsh
• 89°36'28 West, 555.00 feet, thence North 00033'20 West, 1322.00 feet to a point
1 on the North line of the South Half of the Northeast Quarter of said Section 35,
thence North 89°36'28" East 1595.00 feet to the true point of beginning.
Grantor hereby retains one—half undivided interest in the mineral rights for
I
a period of Twenty (20) years from December 30, 1976
.^
TOGETHER with all and singular the hereditamenta and appurtenances thereunto 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 the said party of the first part,either in law orequity,of,in and to the above bargain premises,with the hereditament' and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the
p said parties of the second art,the survivor of them,their assigns,and the heirs and assigns of such survivor for-
ever.And the said party of the first part,for itself,its successors and assigns does covenant grant,bargain and
agree to and with the said parties of the second part,the survivor of them,their assigns and the heirs and assigns
of such survivor,that at the time of the unsealing and delivery of these presents,It is well seized of the premises
above conveyed,as of good,sure perfect,absolute and indefeasible estate of inheritance,in law,in fee simple, and
Ilea good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form
aforesaid,and that the same are free and clear from all former and other grants,be ins, sales, liens,taxes, as-
sessments and encumbrances of whatever kind or nature saner. except the 1976 General Taxes
and subsequent years.
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,the
survivor of them,their assigns and the heirs and assigns of such survivor,against all and every person or persons
lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT
AND FOREVER DEFEND.
IN WITNESS WHEREOF,The said party of the first part has caused its corporate name to be hereuntq,avh:.,,•
scribed by its Vice President and its corporate seal to be hereunto affixed,attested by its t,, . ,t
Assistant Secretary,the day and year first above written ' 't"•
Attest; /p GLENN JCS E MOR E COMFAN7f.'' i,• •'; lc
Veronica Sipos Assistant eewelsry •' • .n..jr..`..,eta.....'7
p 0 G. PO , Vice PeidelnL" i \ ia.
i'
By Alt 1
STATE OF COLORADO, •.1,,
City.. C Denver }m'
Y County of 111
The foregoing instrument was acknowledged before me this 30th day of December
i9 76 ,by JOHN G. POWELL as Vice President and
VERONICA SIPOS as Ass't Secretary of
GLFDN"JUSTICE MORTGAGE COMPANY, INC. a corporation.
• ''-c 5.C k.- My notarial commission expires
r• *... ' Witness my band and official _
t' O rill n) ic, c My commission expires J y 24, 1977
s-• Y ,. ei:
No.929. waanANvf w_(('auras lme re Joint Tm.,,lr.aradferd Publishing Co..nest.le Stout Street,Denver,Colorado
"'�" g } I+e l Fes') }twl 6y p
tx f ' lir `t , a ': . err ,�kg4,2 ' ss 4` .
L.rn: •i vXi-,('-' Et'4"4"�. e' _a a....)�sl!•�.?.k ?dt_:......bx*a t%.41
u 5ht lo`record
,e . MAR 2 5 1977 2a o kw. Y ANN Etl . IN RECORDER. �!
R an w A.D.50 �1 Er r'
Iteeep4Wn N° 1V14660 By ..G64 DEPUTY.
/- T
in ---------
c..,
thin Beek Made fife first a day of January in the ynr of our Lord
I one thousand nine hundred and seven. en AL�,EN B. LAMB and LILLIAN I
KY ' ylr husbanaenand wife
whose street address a 30523 County Rd. #23 .City or Town of Greeley ,and
CT of the County of Weld and State of Colorado,of the first part,and
ROBERT L. LAMB and EDDIE M. LAMB •
0 whose street address is 30525 County Rd. #23 ,City or Town of Greeley ,end
• `la of the County of Weld and State of Colorado,of the second part;
v-d
I-- Witwwath,That the said parties of the first part,for and in consideration of the sum of
Other valuable considerations and Ten and no/100 DOLLARS,
to the said part of the fine part In hand paid by the said parties of the second part,the receipt whereof is hereby con-t ..leased and actammintissisS, run: ... J . 1 . eel 1 P - Il.. _
t convey and confirm,unto der a of firs second part m nor lonmt y c nmmn bit t t I t€T,. y J
o- them,their assigns and the heirs and swigns of such survivor forever,all the following described lot or parcel of land
C, situate,lying end being in the County of WELD and State of Colorado,to-nit:
The North Half (NIA) of the Southeast Quarter (SE34) and the South
Half (8%) of the Northeast Quarter (NEM) of Section Thirty-five
gs (35), Township Six (6) North, Range Sixty-seven (67) West of the
r- 6th P.M., and all that part of the North Half (N3 ) of the Southwest
m Quarter `SW%) of Section 36, Township 6 North, Range 67 West of the
6th P.M., lying West and South of Weld County Road #23 and North of
the Cache la Poudre River, excepting therefrom forty (40) acres as
described in instrument recorded in Book 786, under Reception No.
1707714 of the Weld County Records, together with twelve (12) shares
of the capital- stock of the Whitney Irrigation Company, and all
other water, water rights, ditches, ditch rights and rights-of-way
appurtenant thereto, excepting and reserving unto the Grantors
herein an undivided one-half (1/2) of all the oil, gas and other
minerals, including sand and gravel, lying in and under and that
may be produced therefrom, together with the right of ingress and
egress for the purpose of exploring for and removing same;
• . *District, the Windsor Fire Protection District; the North Weld County
Water District. and the West Greeley Soi CC ervation District; to
all exist reads highways ditches ttilities canals pivotntes
power a ephone or water nes and rightspop�wbay an ease e s here-
f•or_ n&t of record; and to the; 177 taxes. spay belonging,in r 1.978•
age or with all air simpler the here stamen and appurtenances h Ins g g anywise appertaining,
and the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate,right,title,
interest,claim and demand whatsoever of the said parties of the fleet part,either in law or equity,of,in and to the above
bargained premises,with the hereditament'and appurtenances.
To Rave and to Hold the maid promisee above bargained and described,with the appurtenances,unto the said parties of
the second part,the survivor of them,their assigns and the heirs and wahine of such eurvivor forever. And the said part i es
of the first part,for theme&yes,their heirs,executors,and administrators,do covenant,grant,
bargain and agree to and with the said parties of the second part,the eurvivor of them,their assigns and the heirs and assign*
of such survivor,that at the time of the enseefing end delivery of those presents, they aro well wield of the premises
•
above conveyed,as of good sure perfentt absolute and indefeasible mote of inheritance in law,in foe simple,and have
good fight full power and lawful authority to grant,bargain,sell mad convey the same In manner and form aforesaid,and that
,410 the same aro free end Clear from all former and other granted bargains soles,liens,taxes,assessments and i um,raneoy of
whates�r kind ornatureeoover subject• to the 1i p 01f mortgage a to the ed rat
N C. Land Dank of Wichia in he sum of S49 b0� 00 executed by the t.rantees
hereizu to inclusion ittatan the Nor 1?oS o�l8ranne Water mitteervttnchy +
an e soon rs a pre rat qg a and poems o r,agai st c e r es of a noon*par a survivor f
them,their assigns and the heirs and assigns of such aurvivm,against all and every person or persona lawfully claiming or
to claim the whole or any part thereof,the said part ie9 of the first part shall and will WARRANT AND{y, &
DEFEND. ' '\O J �(6
In Wham Whom:, The said part ieSof the first part ha ye hereunto set their .12,-`k.'hand S add,.
seals the day and year nt above written. 'Of Vl V n d d
Signed,Sealed and Delivered in the Presence of 7, 71,:�
Lipp .. e.}...`+:..
1 A'III'e-f'f"0':"Yam6 y.'!('S ig .
04
STATE OP COLORADO, ➢➢➢W 0
a,
County of WELD The foregoing instrument we.acknowledged
before me this ?3rd day of Ma;sh ,10...7.7..,
by .ALT,,EN...B.....LAMB...and LILLIAN...I......LAMB, as....husband.
and wife
Witnou my hand and official seal.
• My commission expire, MY QQM.M.INI.QM.fWP.IB),•APttitle i .
.^
✓ Notary Public,
3119-w_Reyesgo a•Ts WARRANTY DIED TO JOINT TENANTS—The C.F.Mantel Bleak Book a Lithe,Co.,Dover.Cob.
Macon Aeennfer__._...__._.___.._....__._..__..—_._.__._..._.____._._...._...__._..__.._._._.—Miffing
_i __..........._._.....____._._.
Petgnafma Notes Neva Meilln¢Addross
'?� rye,{y't' .3 k .
~ F � -7�Y, et j.F'.1�'�f{s �t,�"�q}. � � _:�`?'E4.�Y' i . . l.rr�Z �...:.��.. `...
---
Recorded at 3 a° _ ed,,,.t. Q n, MAR 2 5 1977
en• d' 793 1714662 fans.Atdu Fe.
.8eeapOou Na EfSrFIN--Rr<mdm.
DJ
- /
Recorder's swap
TRW DEED, Made this 1/'°r' day of March
^ 1077 ,between ---GLENN JUSTICE---
Texas
O• of the County of Dallas ,Staley
• of the first part,and •
-
--ROBERT L. LAMB and EDDIE M. LAMB, whose address
,No a 30525 County Road 23, Greeley, Colorado 80631, .
.o of the • County of Weld and State of .
.�-i Colorado,of the second part:
1.--
r--I .
WITNESSETH,That the said part y of the first part, for and in consideration of the sum of
--other good and valuable consideration and FIVE DOLLARS
o• to the said part y of the first part in hand paid by the said parties of the second part, the receipt
a whereof is hereby contained and acknowledged, ha s remised,released,sold,conveyed and quit
O
_ rte .. . , a . _,. pa•,r nc.,.. .._,:a :�� -.�.' �., �. .-':Sr _ ".. ._:: -._- '._ ':_�:._
7 0 the second part, their heirs and assigns forever, not.0 tenancy in common but in joint tenancy, all the
right,title,interest, claim and demand which the said party of the first part has in and to the
foliating dmaribed lot or parcel of land situate,lying and being in the
I I:1- County of -and State of Colorado,to wit:
!MN
N
The South One-Half of the Northeast Quarter and North One-Half of the
et Southeast Quarter, Section Thirty-Five, Township 6 North, Range 67 West;
and that portion of North One-Half, Southwest Quarter, Section
Thirty-Six, lying West of the County Road and North of the Poudre River;
the total acreage being 162 acres, more or less; County of Weld,
Colorado.
Also all water and ditch rights covered under the Option, including 12 shares
of the capital stock of Whitney Irrigation Company.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi-
leges thereinto belonging or in anywise thereunto appertaining, and all the estate, right, title, interet,
and elaim whatsoever of the said party of the first part,either in law or equity, unto the said parties
of the acc.wo pan,their heirs and assigns forever,not in tenancy in common but in joint tenancy.
IN WITNESS WHEREOF,The said part y of the ' ha s hereunto set his
hand and seal the day and year fist above wri
—r
Signed,Sealed and Delivered in the presence of I. ____ _[SEAL]
G e e)
TEXAS
STATE 0viattonatipa t
County of Dallas Jt�
•
. The foregoing instrument was acknowledged before me this//a day of March ,
1a77 iby GLENN JUSTICE.
My commission:-ph-a June 1, 1977.
[TIf$fS nay hand and official eeaL
o-- s~.. 2. ..narka..4
P22ALe
Wotan r+su.
n f l• n
Or'V..
No.6& Ia cu .DarD.-1•• T,.rla.-and[wi polWlnn Co.1554.41 Obit Bine.Arra,Colandrio-n
�3'2° MAR 2 5 1471
1793 Recordedetc.,.6-rf.,
0 �,1y.a 46S3
Ca! .Bsesntloa No.__2di t.4M•' alv^a.J6Y er.
- I Recorder'.Stamm
THIS DEM), Made this /4(` day of March ,
1977 ,betvrem ---W. DEAN GOODMAN---
' -
•
rn of the City and County of Denver , ,State of
Colorado,of the ring part,and
en --ROBERT L. LAMB and EDDIE M. LAMB, whose address
a 3 052 5 County Road 23, Greeley, Colorado 80631, -
of the County of Weld and State of -
Colorado,of the second part:
N
r-t
WITNESSETH,That the said part y of the first part, for and in consideration of the rum of
0
---;ctter-_;doc anti Yntuai.:e ,oar.five:is^.L
o to the said part Y of the first part in hand paid by the said parties of the second part, the receipt
,..� whereof Is hereby conferred and acknowledged, ha s remised,released,sold,conveyed and quit Ii
o claimed,and bythcsapreams does roc.:w.soca,c cell ...,uz. t...un n? .'.:L (_ y. .:..of .
_
b the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, alt the
right,title, interest,daint and demand which the said party of the first part has in and to the
following described lot or parcel of land situate,lying and being in the
County of and State of Colorado,to wit:
2 The South One-Half of the Northeast Quarter and North One-Half of the
Southeast Quarter, Section Thirty-Five, Township 6 North, Range-67 West;
and that portion of North One-Half, Southwest Quarter, Section
Thirty-Six, lying West of the County Road and North of the Poudre River;
- the total acreage being 162-acres, more or less; County of Weld,
Colorado.
Also all water and ditch rights covered under the Option, including 12 shares
of the capital stock of Whitney Irrigation Company.
•
.TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi-
leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest,
• and claim whatsoever of the said party of the first part,either in law or equity, unto the said parties
of the second part,their heirs and aadgns forever, it in tenancy in common but in joint tenancy.
IN WITNESS WHEREOF,The said part y of the first part ha s hereunto set his
band and seal the day and year first above written
Signed, Sealed and Delivered in the presence of — 'L[SEAL)
�TV, ears o _.._.
—.(SEAL)
STATE OF COLORADO, L City andCounty of Denver - f
ThrferegpiagInstrument was acnnwledged before me this" 14th day of March
1972/ay. j1EAN GOODMAN. -
,'tzpltas November 22, 1980.
s • ' i lad and official seal.
e•-•.... rQ�C: iaLLC� }Mary PAM.OP cod.. -
No.662.sun Law nsmre.!Oat Tens--s pastes F,Ynst.r a..rtu.+a amt cant Mete.ut.,.e.—rats
pT } � 1�-x"8.la:./411.f:a�`_�aii`; ..`i. ,y r ?'MWTg f' t f, ,.` `R .. ..c \.';
o 'look .'793 Reeerdedet_a ao oetoek.QL ., MAR 25 1977 r
eg -Reception No_ 1714664 MAW Aet LF!.Jtns N
a-TF._-7tecoNor.
In n,
TINS Di , Dade this /1 " day of March ttecordefa Stamp
-•"'". 1977 ,between --JACK SUNDHElM-- -
•
0' of the County of Arapahoe , ,State of
Colorado of the first part,and
n- --ROBERT L. LAMB and EDDIE M. LAMB, whose address
`o is 30525 County Road 23, Greeley, Colorado 80631, •
n• of the County of Weld and State of
N Colorado,of the second parts
r—
s-i
WITNESSETH,That the said part y of the fist part, for and in consideration of the Rum of
e
o_ i to the said part y of the list part in baai paid by the eJd parties of the second part, the receipt
ti - whereof to hereby confessed and acknowledged, ha s remised, released,sold,conveyed and quit
o ' eai meths-.i,i G+uc-ya;;;a;a:]CC2 remiw,r frn:z,-cl),ro£vey and quit claim unto the sail reetina of
o the second part, their heirs and assigns forever, not in tenancy in common but In joint tenancy, all the
right, title,interest,claim and demand which the said party of the first part has in and to the
following described lot - or parcel of land situate,lying and being in the
County of and State of Colorado, to wit:
iV
k- The South One-Half of the Northeast Quarter and North One-Half of the
Southeast Quarter, Section Thirty-Five, Township 6 North, Range 67 West;
and that portion of North One-Half, Southwest Quarter, Section
Thirty-Six, lying West of the County Road and North of the Poudre River;
the total acreage being 162 acres, more or less; County of Weld,
Colorado,
Also all water and ditch rights covered under the Option, including 12 Shares
of the capital stock of Whitney Irrigation Company.
r
-I-u UAVL AND TO HOLD the same, together with all and singular the appurtenances and privi-
lege@ thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest,
and claim whatsoever of the said party of the lint part, either in law or equity,unto the said parties
of the second part,their heirs and assigns forever,not in tenancy in common but in joint tenancy.
IN WITNESS WHEREOF,The said part y of the ha s h eon t his
hand and seal the day and year first above writt //�
/
Signed, Sealed and Delivered in the presence of I __ _ -_ —_-- , C„`_eA1]
i
ac Bna�he m
[SEAL]
STATE OF COLORADO,
County of Arapahoe
The foregoing instrument wan acknowledged before me this /-c-' day of March
19 77 .by JACK SUNDHEIM. -
My commission expires S-p-r s._6.8, ia,l i 9 79 ..........
ai5..:.P..i
WITNESS my hand and official seal. \ ;'o�r"• ?'.'�z
� : are raw.
_
Na sai em.MAW use s.ion Tomb--a,wo.e ravyu.a o.,raw am,e ..,.Sa.—.c tm.e'rian•
�a1Gi1�S,"^; +w�; .t �� TT .rte '•�_ _...- ��� iJ-' 41717-`.
�[ ,`7923 Retarded.t o7��_d�oet bt. MAR %5 1977
J._.a 73,.�t 4665 WRY ANN FEVEtt:ITEM '✓
Reception No fA ...................Recorder.
Recorder's Stamp
,.-- TINS DEED, &fade this /A/'kt day of March ,
19 77 ,between --ROGER GUMP--
I
of the County of Arapahoe ,Stale of
Colorado,of the first part,and
to --ROBERT L. LAMB and EDDIE M. LAMB, whose address
.to o 's 30525 County Road 23, Greeley, Colorado 50631,
of the County of Weld and State of
Colorado,of the second part:
WITNRRSBTA,That the said pert y of the first nart, for and in consideration of the sum of i
w I --other good and valuable consideration and FIVE DOLLARS II
o to the said part y of the first part in hand paid by the said parties of the second part, the receipt
- Iwhereof is hereby can`t aed caa and aowiniged, has remised,released,said,conccycd! W µail ,,•.—.
claimed,and by theca presents does remise,release,sell,convey and snit claim unto the said parties of
the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the II
right, title, interest, claim and demand which the said part y of the first part ha s in and to the ,!
following described lot or parcel of land situate,lying and being in the
tr, County of and State of'Colorado,to wit:
The South One-Half of the Northeast Quarter and North One-Half of the
Southeast Quarter, Section Thirty-Five, Township 6 North, Range 67 West;
and that portion of North One-Half, Southwest Quarter, Section
Thirty-Six, lying West of the County Road and North of the Poudre River;
the total acreage being 162 acres, more or less; County of Weld,
Colorado.
-
Also all water and ditch rights covered under the Option, including 12 shares
of the capital stock of Whitney Irrigation Company.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi-
leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest,
and claim whatsoever of the said party of the first part,either in law or equity, unto the said parties
of the second part,their heirs and assigns forever, not in tenancy in common but in joint tenancy.
IN WITNESS WHEREOF,The said party of the first p s her o set his
hand and seal the day and year find above written.
Signed, Sealed and Delivered in the presence of ,--,-, , .Q-'-4 - �F.za. 12.. [SEAL]
- /`huger amp) f
_....__._ [SEAL) I!
._.........._...[SEAL)
STATE OF COLORADO,
Oariver
city and County of / AVaPa4x>a 1[u
The foregoing instrument was acknowledged before me this 14th day of March
1977„,.by'• QGER GUMP.
fl
F,.M 'tommtdtiiy4*eipirea April 30, 1977
• dty pond and official seaL
(Pt*PUB).-V7'1O - -
• NM.v Pa`lla
l
No.M.em CLLR[Dem.-T.r.6t Thant.—sndhM Petals.Coati-Is amt Strati Poor.colenariPw
'iN,a y°----; eIAN 2 5 1980
893
Rn.No.__1815372_ ' `u„ c�
WARRANTY DEED -2d. �G.
State of Colomd°, Weld Co my Cktk a Re°mder
KNOW ALL MEN BY THESE PRESENTS, that ROBERT L. LAMB
nd EDDIE M. LAMB, of the County of Weld, and State of Colorado,
for the consideration of other good and valuable consideration
and TEN DOLLARS in hand paid, hereby sell and convey to JANES A. '
GILBERT, dba WEST WELD AG INVESTORS, 26130 Weld County Road #76, •
of the County of Weld and State of Colorado, the following real ' "
property, situate in the County of Weld and State of Colorado,
to-wit:
A tract of land located in part of the Sp, NEt of
Section 35, Township 6 North, Range 67 West of the
6th P.M., Weld County, Colorado, being more parti-
cularly described as follows: _:
Beginning at the Ek corner of said Section 35 and
considering the East line of said NE; as bearing
North 00°33'22" West, with all other bearings con-
tained herein relative thereto; i'
Thence North 00°33'20" West, 230.00 feet to the True
Point of Beginning;
Thence North 00°33'20" West, 133.00 feet;
Thence South 89°32'55" West, 330.00 feet;
Thence South 00°33'20" East, 133.00 feet;
Thence North 89°32'55" East, 330.00 feet to the True
Point of Beginning.
with all its appurtenances, and warrant the title to the same,
ft
subject to the 1980 real property taxes, financing statement
giving notice of a security agreement with the Commodity Credit
Corporation, secured party, filed September 1, 1978, under Recep-
tion No. U133811, which security interest and liability secured
thereby Grantee assumes and agrees to pay, mortgage to the Federal
Land Bank Association of Wichita, securing a Promissory Note in
the original principal sum of $49,000.00, recorded in Book 788, `
Reception No. 1709716, which note Grantee assumes and agrees to "
may, a Deed of Trust securing a Promissory Note to The Farmers
,me Administration in the original principal sum of $26,650.00,
:corded in Book 802, Reception No. 1724132 which note Grantee
assumes and agrees to pay, Deed of Trust securing a Promissory
Note to the Farmers Home Administration in the original principal
•
sum of $43,970.00, recorded in Book 866, Reception No. 1788276,
which promissory note Grantee assumes and agrees to nay, rights
of way for public roads, water pipeline easement to the City of f..Greeley, recorded in Book 938, Page 597, mineral reservation in
patent recorded in Book 1081, Page 168, mineral reservation of
Allen B. Lamb and Lillian I. Lamb, recorded in Book 793, Reception
No. 1714660 and easements and rights of way established by use. ti" '-
All recording data refers to Weld County, Colorado, records. '.:.
Signed and delivered this 24th day of January, 1980. \t
State Documemcry Fee
JAN Ntill
Dme._—_r2 5 ___ - xi„_i- L. \.- -so
$._. /.00 ROBERT L. LAMB ``
",
n 1 ' Y_
EDDIE M. LAMB
STATE OF COLORADO )
COUNTY OF WELD ) .
as.
'
.. t Y ' "' The foregoing instrument was acknowledged before me
r''.ttrts 24f.4`-day of January, 1980, by Robert L. Lamb and Eddie M. '�`�
. 4 A R Y, }.�.
. Nj;N G.Witness my hand and official seal. ti`
.'..% Commlierion Expires:
t
i ay.•-l5% 1983 Notary Public
tf`
r,,,..-0, ' a, BOOK 893
s . 1 yrJAN rep�
'dp , ty>, - k s� T`.Y' s EtysN' _ R ,ded at__ °d«k p I.a' 181533 12-7 ra. rani.i.a...
_._a-/ U K2C.
State of Colorado, Weld Courtly Clerk G Recorder
WARRANTY DEED •
1 KNOW ALL MEN BY THESE PRESENTS, that ROBERT L. LAMB
and EDDIE M. LAMB, of the County of Weld, and State of Colorado,
for the consideration of other good and valuable consideration
and TEN DOLLARS in hand paid, hereby sell and convey to JAMES A.
c, GILBERT, dba WEST WELD AG INVESTORS, 26130 Weld County Road #76,
of the County of Weld and State of Colorado, the following real
property, situate in the County of Weld and State of Colorado,
to-wit:
H
o The North Half (N1) of the Southeast Quarter (SEk)
and the South Half (Sy) of the Northeast Quarter
(NEk) of Section Thirty-five (35), Township Six (6)
o North, Range Sixty-seven (67) West of the 6th P.M.,
n and all that part of the North Half (N1) of the South-
c• west Quarter (SWk) of Section 36, Township 6 North,
•, Range 67 West of the 6th P.M., lying West and South
of Weld County Road #23 and North of the Cache la •
Poudre River, County of Weld, State of Colorado.
I
_ Stale Documentary Fee EXCEPTING HOWEVER, a tract of land located in part
JAN 25 1980 of the Sy NEk of Section 35, Township 6 North, Range 67
'Dole..._. — West of the 6th P.M., Weld County, Colorado, being more
$......_.---a$-:-��--- particularly described as follows:
Beginning at the Eh corner of said Section 35 and
considering the East line of said NEk as bearing
North 00°33'22" West, with all other bearings con-
tained herein relative thereto;
Thence North 00°33'20" West, 230.00 feet to the True
Point of Beginning; __
Thence North 00°33'20" West, 133.00 feet; n.
Thence South 89°32'55" West, 330.00 feet; _
�- Thence South 00°33'20" East, 133.00 feet; ° {
Thence North 89°32'55" East, '30.00 feet to the True
.D�,1" Point of Beginning.
S•
(0-" with all its appurtenances, and warrant the title to the same,
�' � subject to the 1980 real property taxes, financing statement
C giving notice of a security agreement with the Commodity Credit -N;•\tc c. Corporation, secured party, filed September 1, 1978, under Recep- n'
Ue tion No. U133811, which security interest and liability secured
'- 3 thereby Grantee assumes and agrees to pay, mortgage to the Federal A.
Land Bank Association of Wichita, securing a Promissory Note in
the original principal sum of $49,000.00, recorded in Book 788,
Reception No. 1709716, which note Grantee assumes and agrees to -
pay, a Deed of Trust securing a Promissory Note to The Farmers
Home Administration in the original principal sum of $26,650.00,
t recorded in Book 802, Reception No. 1724132 which note Grantee •
dtc assumes and agrees to pay, Deed of Trust securing a Promissory
Note to the Farmers Home Administration in the original principal
sum of $43,970.00, recorded in Book 866, Reception No. 1788276,
which promissory note Grantee assumes and agrees to pay, rights
of way for public roads, water pipeline easement to the City of 'r
c Greeley, recorded in Book 938, Page 597, mineral reservation in
r; patent recorded in Book 1081, Page 168, mineral reservation of
Allen B. Lamb and Lillian I. Lamb, recorded in Book 793, Reception
No. 1714660 and easements and rights of way established by use.
All recording data refers to Weld County, Colorado, records.
Signed and delivered this
24th day of January, 1980.
L- --a.,�
ROBERT L. LAMB ("
F,d,d4. . M ` ,., ,Q, 24
-
EDDIE M. LAMB
C-.
ij
e"v 893 ^ i815373
•
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me
this 24th day of January, 1980, by Robert L. Lamb and Eddie M.
Lamb.
Witness my hand and official seal.
f i _.— . 4 ) Notary Public
n
Unn� 11g o
ramntfston Expires: May 15, 1983.
_Z_
di- m y ' t c ) 893
„ Y`-srs4.. ". k� ; grit*...`"._. Recorded at_ / 4r __o'clock /2 ;IAN 2 5 ,J
Rec.No.._1R153'74_ � Lw.w7iw
dit
almost Colorado,_Weld County Clerk Cr Recorder
r WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, that JAMES A. GILBERT,
dba WEST WELD AG INVESTORS, 26130 Weld County Road #76, of the
County of Weld and State of Colorado, for the consideration of
other good and valuable consideration and TEN DOLLARS in hand paid,
hereby sell and convey to WEST WELD AG. INVESTORS, a Colorado
Joint Venture
the following real property, situate in the County of Weld anc'
State of Colorado, to-wit:
A tract of land located in part of the S1/211E} of
Section 35, Township 6 North, Range 67 West of the
6th P.M., Weld County, Colorado, being more parti-
cularly described as follows:
Beginning at the Eh corner of said Section 35 and
considering the East line of said NEIL as bearing
North 00°33'20" West, with all other bearings con-
tained herein relative thereto;
Thence North 00°33'20" West, 230.00 feet to the True
Point of Beginning;
Thence North 00°33'20" West, 133.00 feet;
Thence South 89°32'55" West, 330.00 feet;
Thence South 00°33'20" East, 133.00 feet;
Thence North 89°32'55" East, 330.00 feet to the True
Point of Beginning.
with all its appurtenances, and warrant the title to the same, s')
subject to the 1980 real property taxes, financing statement
giving notice of a security agreement with the Commodity Credit
Corporation, secured party, filed September 1, 1978, under Recen-
tion No. U133811, which security interest and liability secured
thereby Grantee assumes and agrees to pay, mortgage to the Federal
,r. Land Bank Association of Wichita, securing a Promissory Note in
the original principal sum of $49,000.00, recorded in Book 788, -
Reception No. 1709716, which note Grantee assumes and agrees to l'`
pay, a Deed of Trust securing a Promissory Note to The farmers Home Administration in the original principal sum of $26,650.00,
recorded in Book 802, Reception No. 1724132 which note Grantee
assumes and agrees to pay, Deed of Trust securing a Promissory
Note to the Farmers Home Administration in the original principal
sum of $43,970.00, recorded in Book 866, Reception No. 1788276,
which promissory note Grantee assumes and agrees to pay, rights
of way for public roads, water pipeline easement to the City of
Greeley, recorded in Book 938, Page 597, mineral reservation in
patent recorded in Book 1081, Page 168, mineral reservation of
Allen B. Lamb and Lillian I. Lamb, recorded in Book 793, Reception No. 1714660 and easements and rights of way established by use.All recording data refers to Weld County, Colorado, records.
Signed and delivered this 24th day of January, 1980.
•
ES A. GILB WEST WELD AG
ESTORS
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me py"V.
this 24th day of January, 1980, by James A. Gilbert, dba West €,;a
"-Weld Ag Investors.
Witness my hand and official seal. 1
(.\\aTARy
I. •
C4mmmission Expires: �t, ksl�
A O Notary/Public/ {.g
gi, March 19, 1983
or c ) � '
-0 .}.. ..
•"Si w ' 893 / vs _ AN 2 5 MD
eeeded at
1815
.2—I
sv°h of Colorado. We:d County Cork Cr Recorder
„r... WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, that JAMES A. GILBERT,
dba WEST WELD AG INVESTORS, 26130 Weld County Road #76, of the
County of Weld and State of Colorado, for the consideration of
other good and valuable consideration and TEN DOLLARS in hand paid,
hereby sell and convey to WEST WELD AG. INVESTORS, a Colorado
Joint Venture
the following real property, situate in the County of Weld and
State of Colorado, to-wit:
The North Half (NHS) of the Southeast Quarter (SES)
and the South Half (53) of the Northeast Quarter
(NES) of Section Thirty-£ive(35) , Township Six (6)
North, Range Sixty-seven (67) West of the 6th P.M.,
and all that part of the North Half Mk) of the South-
west Quarter (SWa) of Section 36, Township 6 North,
Range 67 West of the 6th P.M. , lying West and South
of Weld County Road #23 and North of the Cache la
Poudre River, County of Weld, State of Colorado.
EXCEPTING HOWEVER, a trait of land located in part
of the 5kNEk of Section 35, Township 6 North, Range 67
West of the 6th P.M. , Weld County, Colorado, being more
particularly described as follows:
Beginning at the E; corner of said Section 35 and
considering the East line of said NE$ as bearing
North 00°33'22" West, with all other bearings con-
tained herein relative thereto;
Thence North 00°33'20" West, 230.00 feet to the True
Point of Beginning;
Thence North 00°33'20" West, 133.00 feet;
Thence South 89°32'55" West, 330.00 feet;
Thence South 00°33'20" East, 133.00 feet;
Thence North 89°32'55" East, 330.00 feet to the True
Point of Beginning.
with all its appurtenances, and warrant the title to the same,
subject to the 1980 real property taxes, financing statement
giving notice of a security agreement with the Commodity Credit
Corporation, secured party, filed September 1, 1978, under Recep-
tion No. U133811, which security interest and liability secured
thereby Grantee assumes and agrees to pay, mortgage to the Federal
Land Bank Association of Wichita, securing a Promissory Note in
the original principal sum of $49,000.00, recorded in Book 788,
Reception No. 1709716, which note Grantee assumes and agrees to
pay, a Deed of Trust securing a Promissory Note to The Farmers
Home Administration in the original principal sum of $26,650.00,
recorded in Book 802, Reception No. 1724132 which note Grantee
assumes and agrees to pay, Deed of Trust securing a Promissory
Note to the Farmers Home Administration in the original principal
sum of $43,970.00, recorded in Book 866, Reception No. 1788276,
which promissory note Grantee assumes and agrees to pay, rights
of way for public roads,xater pipeline easement to the City of
Greeley, recorded in Book 938, Page 597, mineral reservation in
patent recorded in Book 1031, Page 168, mineral reservation of
Allen B. Lamb and Lillian I. Lamb, recorded in Book 793, Reception
No. 1714660 and easements and rights of way established by use.
All recording data refers to Wel( County, Colorado, records.
Signed and delivered this 24th day of January, 1980.
JAMES A. GILBERT doe WEST WELD
A) INVESTORS
893 1815375
aca
�., STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me
this 24th day of January, 1980, by James A. Gilbert dt3 West
Weld 7177Mestors
Witness my hand and official
seal.
Rotary Xubc
My Commission Expires: March 19, 1983
�\pTA P Y
: _gyp y
p c
<r
OF 00--
-2'
61
QY 93 / /39 o'clock M., MAY 111981 woe county, Coiora&
R.cordee•t
Reception No, 1857 59 Recorder.
AE _ 9r
THIS/DEED.Made this 14th day of April ,19 el ,
women JASPER FREESE State Documentary Fee I ,�-,
�e MTAY_111981 •
of• County of Weld and sate orcoloraao aofthe ant p•rt,ane S . e9[� ?
WEST WELD AG. INVESTORS, a Colorado Joint Venture, „
whose legal address is P.O. Box 95, Eaton, Colorado,
*fibs County of Weld and State of
Colorado.of the second part:
e
WITNESSETH,That the said party of the first part,for and in consideration of other good and valuable c
DOLLARS
consideration and TEN
�. to the said party of the first part in hand paid by said part y of the second part the receipt whereof is
Ihereby confessed and acknowledged,has granted.bargained,sold and conveyed,and by these presents do es t-
II grant,bargain,sell,convey and confirm, unto the said part y of the second part, its heirs and assigns for- v-.
5 I ever,all the following described lot or parcel of land.situate,lying and being in the County of Weld and State of Colorado,to wit:
y The North One-Half (N1li) of the Southeast Quarter (SEI/4) and the So uth
One-Half (SI/i) of the Northeast Quarter (NE1/4) of Section Thirty-five (35), __
Township Six (6) North, Range Sixty-seven (67) West of the 6th P.M.; and -
- all that part of the North Ono-halt' (N1/i) of the Southwest Quarter (SW1/4)
_ II of Section Thirty-six (36), Township Six (6) North, Range Sixty-seven (67)
West of the 6th P.M., lying West and SOuth of the Weld County Road and
North of the Cache La Poudre River, together with Twelve (12) shares of
capital stock of the Whitney Irrigation Company, and all other water rights,
III water, ditches, ditch rights, and right-of-ways appurtenant thereto.
also known as street and number
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise tipper-
1▪' i
aMing.and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and alt the
estate.right,title,interest,claim and demand whatsoever of the said part y of the first part,either in law or 10 k.- i equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances.unto the
I said party of the second part, its heirs and assigns forever. And the said part y of the first part,
r` for hilnel 1, hisheirs,executors,and administrators,do es covenant,grant,bargain,and agree to and
with the said party of the second part, its heirs and assigns,that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed.as of good,sure,perfect absolute and
I indefeasible estate of inheritance-,in law,in fee simple,and ha 5 good right,full power and authority
' to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear
I'I from all former and other grants,bargains,sales,liens,taxes,assessments and encumbrances of whatever kind of
1, nature soevere subject to all easements and rights of way of whatever character of record
11, or now existing on said premises be that for ditches, canals, pipelines, reservoirs,
I Li railroads, roads, telephone lines, utilitites, power lines, or any other purpose, and all
mineral, oil, gas, and coal reservations, leases, and assignments of record, and subject
to 1981 taxes, oayable in 1982 and subsequent years, and a deed of trust recorded
,I in Book _ 893 , Rec. No. 1815376 , Weld County, Colorado records;
and the above be rgained premises in the quiet and peaceable possession of the said party of the second part.
Its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part
thereof,the said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
I IN WETNESS WHEREOF,t he said part y oft he first part has hereunto set his hand
and seal theday and year first bove written.
SEAL)
a 'er Freese
• ISEALI
I
(SEAL)
• STATE OF COLORADO. I ss
County of Weld I
Theyoregoinp instrument was acknowledged before me this 14th day of April,
it AVt.bfj. iagper Freese.
p.ceissn.ssiorreab3res 2"oy / r .19 Fl Witness my hand dot ial seal.
uPJQL ` 71
ea. No.$32 WARRANTY DgEO.r.e rammeia,gw,a-. [m meted P,wA:r6..IMO So.,saw.Dar,Ca,,aya7aeot11 sr.
1R 1886688 B 0959 REC 018S06Er 01/21/82 16:37 `66.00 1/002 '''''
, MARY ANN FEUERSTE:, CLERK I. RECORDER, WELD COUNTY, CO
il
P
ITHIS DEED.Made this 8th day of January , 1982, II
between
�IWEST WELD AG. INVESTORS, A COLORADO JOINT
VENTURE,il I of the Count` of Weld and State of Colorado. Slats Documentary Fe.
°nff��tb ff�st port aria ROBERT E. EHRLICH, RONALD O. Don ��ea III
one third and OTTOi EHRLICH, all individuals with a $
3 .00
one-third undivided interest, respectively,
' whose legal address is
I
P.O.P,O. Box 60, Milliken, Colorado, 80543,
of the County of " 'Weld and State of Colorado.of the second part:
W ITNESSETH,That the said part y of the first pan.fur and in consideration of the sum of other
I •
good and valuable consideration and TEN DOLLARS, .
I
to the said part y of the first part in hand paid by the said part ies of the second part,the receipt whereof is
hereby confessed and acknowledged,ha s granted.bargained,sold and conveyed,and by these presents does
grant,bargain,sell,convey and confirm,unto the said pan ies of the second part. their
I heirs and assigns forever,all the following described lot or parcel of land,situate,lying and being in the
County of Weld and State of Colorado.to wit:
I •
Lot B, Recorded Exemption No. 0805-35-1-RE 475, and
Lot B, Recorded Exemption No. 0807-4-35-RE 476, being a part of the East
Half (E1/2) of Section Thirty-five (35), Township Six (6) North, Range Sixty-
seven (67) West of the 6th P.M., and part of the Southwest Quarter (S1V1/4)
of Section Thirty-six (36), Township Six (6) North. Range Sixty-seven (67)
West of the 6th P.M., Weld County, Colorado, as per maps recorded January 21,
1981, in Book 925 as reception Nos. 1847470 and 1847472.
�'I
t1., 'Hi And the following water rights:
f,11,
..i Twelve (12) shares of the capital stock of The Whitney Irrigation Company.
And specifically reserving unto the said West Weld Ag. Investors, a Colorado
_ Joint Venture, all oil, gas, hydrocarbon and other minerals of any type (except
gravel) including the rights of ingress and egress for exploration, development
I and production.
,F:I I
I.
f5I
�I
•
II
also known as street and number
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
it
the estate,right,title,interest,claim and demand whatsoever of the said pan y of the first part,either in law
or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.
,_r,.
Mn.463,WARRANTY DEED For Paoioaapak Record. -Bradford Publishing Ca.1836dA Stout Street.Dever.Colorado -10-78
B 0959 REC 01BB05BB 'A/B2 15:37 $5.00 2/002
MARY ANN FEUERSTEIN, L._-RK A RECORDER, WELD COUNTY, CO
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the
^ said part ies of the second part, their heirs and assigns forever.And the said part y of the first part,
for itself, its heirs,executors,and administrators,do es covenant,grant,bargain and agree to and with
the said parties of the second part,their heirs and assigns,that at the time of the ensealing and delivery of
these presents it iS well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of Inheritance,In law,in fee simple.and he S good right,full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and
clear from all former and other grants,bargains,sales,liens. taxes, assessments and encumbrances of whatever
kind or naturesoever,subject to all easements and rights of way of whatever c„aracter
of record or now existing on said premises be that for ditches, canals, pieplines,
reservoirs, railroads, roads, telephone lines, utilities, power lines, or any other purpose,
and all mineral, oil, gas and coal reservations, leases, and assignments of record,
and subject to 1982 taxes payable in 1983 and subsequent years, and subject to a
deed of trust in favor of The Travelers Insurance Company, dated January 24, 1980,
and recorded in Book 893, Reception No. 1815376, of the Weld County Records;
and the above bargained premises in the quiet and peaceable possession of the said part les of the second part,
their heirs and assigns against all rod evey person or persona lawfully claiming or to claim the whole or any
part thereof.the said party of the first part shall and sill WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,the said part y of the first part ha S hereunto set its band
and seal the day and year first above written. WEST WELD AG. INVESTORS, A Colorado
• Joint Venture, by:
X F.,...Y.......ilD111fai?YJihi'di1EX _ _ ISEAL]
I\_ C _ BALI
ary ac o ve laver ��mCny{;s lansep lomt venturer
.. _ _ `e'er .. e .vent -...1$,EALI
S A. -Gilbert, joint venturer - tdhagd Kdc is, ant venturer ..}..
STATE OF COLORADO, l / ✓,/
Vas.
Countyewas Weld
The fbreg e Investors, ACoobefore rado 8th day ofJanuary
is 82 ,by West Weld h d Investors, Colorado Joint Venture, , James E. Cr,andnsen,
joint venturer, Richard L.Kochis, joint venturer,*Gary C. Flack, ]pest venturer, and
Jam es.A. Gilbert, joint venturer. Witness my hand and official seal.
.n
'.:GTy/, , ?_ I tr a: -7.11 A.L1_',h. ._
�b1y_,:gatinission Expires: ,, _ Nato Putt,
40' C3AV -
a .Gary Flack, attorney-in-fact
ry
ri/
OW '9. m , I. z,j f \
C I!i Ali 2 2 8 z '11 tl, '� k:
a $s °e 'I I g:.
Z g I8 � ' j A 3 m .!�
Q m " - -s I e 2t
o ' I 9
oc m r4 $ h is i g EJ� 4
E Ili e� w2=skv. �
Ili ri 3C m
i 5 w a m a,; -a t•
r
AR1813133i I 8 0959 ' EC 01FtS1 _ .01R �15:44 5,3,00 5/OGi NARY AN! F6]I7F I .S1 CLERK fo HtCOfiDER, 4! 10 COUNTY, r:0
II THIS DEED,made this ---28th---day of---January .1982
....ibetween OTTO EHRLICH
. State Documentary Fee
of the Dote. .281
I County of-----Weld anti State of Colorado.of the first part.anti --")"" "
ROBERT C. SAFFELL .[L$ ..,I T
J .hose legal address is Suite 1041, Three Park Central, Denver,!
of rho City and County of Denver and Stateof I
I Colorado,of the second part:
WITNESSETH.Th at the said part y efil-.r first part.for and in considerm:unal other good and valuable
ri consideration and Ten and no/100
to the said party of the first part in nand pail Iii-aid ereceipt 90LLA Rs
tart}' n e>ed sand gyp _:het dwhereof is
'�i hereby confessed and arknpa9eilged.I-rn Sgranted.b:a'gamM..ola anArnnct>eJ.and by these presents do ea
Ii grant, bargain, sell.came,- and amllrm, unite lb,- . .d parr Y d r the s. an t,his hey. and assigns for-
II ever,alit he following described lot or parcel ie land_situate.lying and',sing-n t he
II Countynf Weld and Stat,.r-f Ca.l••ra.:-anwrn MY undivided one-third interest in and
to the following: Lot 0, Recorded Exemption No. 0805-35-1-RE 475, and Lot B,
II
!i Recorded Exemption No. 0807-4-35-RE 476, being part of the East Half (Elf) of
I. Section Thirty-five (35), Township Six (6) North, Range Sixty-seven (67), West of
'Ii the 6th P.M., and part of the Skip of Section Thirty-six (36), Township Six (6)
I North, Range Sixty-seven (67), West of the 6th ?.M., Weld County, Colorado, as
per maps recorded January 21, 1981, in Book 925 as Reception Nos. 1847470 and
11847472.
Y1,
-5I I
'ii
I iCYXYdaGflRVIEHARXHICAa.]flS#
TOGETHER wit all and tngusn the heredrtarnent a,,,I a pr..urenwee.t 1:e.,.-.be ,r a- rs g g
ing and the I 1 , rt.. profits
.t t ight tits t la I 1 I ;1 .t_er.r..an at
I eq Atty.TO HAVE AND TO H f- and to thuawve r gained nr., x ..-hot oth , ,:s tie r ,areek,
I. -.OLD the stud premises nu. l a.r<ny I I .I . ae we p,; inns _e
II said party of r to s •i part, his heirs itrid asc,.n .t.r , .r.. And r i ga., Y r
-11 for himaelf,his heir, e. tire. and od ..,.. d. es oc, tram era.. •rargai.. ann agree tii and
I' with the said parry of the second part. his -eon and assigns.that t ti.t.I.t...... thee I teLvery
laft hear presents, he is law.
indefeasible estate of inhertnrna n t si h f an erand au.!. ...1
to grant.bargain.sell and...n vey The Sante n ,Dams and in go-. r.-era eh..ra. r .- :he-ante are free and.•ea.
from all form s and other bargain, sal a ••o l . ,whale ,
s! nature aoevee subject to Deeds of Trust for the benefit of Travelers Insurance
Company and Dean H. Avers, and grantee assumes and agrees to pay all obligations
of grantor thereof according to the tenor thereof;
II
the above bargained
.l I Y - the I - I peaceable - i ,Y dpart.
a -
III a his term and assigns agaInst all and every pe s in it'petr-i tic.awfaliv eta pang ar tit claim tilt wsole or any part
thereof,the said part y of the first tart Hail ansi will WARRANT AND FOREVER DEFEND.
I IN WITNESS WHEREOF.t be eat,'pal Y rrf,F..fr-st pat-tiv5 f,o,eento.etbis nand
II, and seal the dayand yea'fir n t:1 ..an .ten. 7 .-- ------- — -- - (Otto Ehrlich)
I
_ __ _ ,`EAU
t G ---. _. I iOEAL
�,i"' O0 OF COLORA DO 1 _. -" __--
f_C of t Weld
I= gp�� Trr till entw k„+'edged) air,.ring, 28th days( January
19 8201 Otto Ehrlich. r
II a l 1.:..Y.11./7p1j'�'h5i gtrfts �_..f...., Bi ::•yf .\\':taa.v(p band and Mortal seal.
C
.r • 4 F OF coA,. cT ..-'"F a.--.- _,1�r.._'ed :;
I----ax,:.r,a,,,
, '' Address: Suite 550, Greeley National Plazl
Greeley, CO 80631-3994
— IVs.g$WARRANTY DERD._rei'a,q,pnrr a,a,N— a.ae-ea eal..nry i Mnna.-.I.X. a]re.-,.ua .news—we1 -
ki18C6S44 6 0965 REC 01088'^ 04/13/82 10.53 $6.00 1/00j11'^
r F 1"/A MARY ANN f_RSTEIN CLERK & RECORDER WELD CO. L
etry••..•••.-- ..—. __ ____ Hammier.
THIS DEED.Made this IL? day of Ip. -r, .1982 . 1
hetwren ---RONALD 0. EHRLICH, ROBERT E. EHRLICH and
ROBERT C. SAFFELL
fine
rnunte of -_—Weld and State.[(" do..f the first part.and
--NORTHERN FRONT RANGE FARMS, a General Partnership---
whose legal address is P. 0. Box 60, Milliken,
..tine tfront y.nr Weld and state of
rolnra.lo.of the serond part:
WITNESSETH.That the said part ie9,ftkef:rst part rurand in cor.,iderat Ion of other good and valuable
consideration and Ten and no/100 -DOLLARS
to the,a.d parties ,f the first part in nand pan]by said part y .:i the second par:.the re whereof ms
hrrehyr.n feared and acknowledged.have granted.hargarned.odd and r,,e > r.and by tner redo
�ucecaes sacs
grant. bargain. .ell. o e, r.d [.rater m. ant•, Cx sud partY ••. . .. .rrnnd part. iC5�rE an I .s¢n. for
ever.ail;he follew ng,f-,•r.b«Jt,.. parcel nfiand.....ate.•_ rag and nnn¢`n he
r...rnp'nfct.u. .fr.d„tad,..:. w-t
See Exhibit "A" attached hereto and incorporated herein
by reference as though fully set forth.
Id¢2kmRNgsm 10MCIMmmartlern
T(R:ETHER wdh all and-.ng,..,r .e r,re L•.amen•-:.dn app e:r •r.a .- .r-, ..r..e m. in n apper
. taming.awl the re.eoaw and ester-,,n..r,ma,n,le . e.a ...n.a... .r ..- , r•.f is thereon and ad tn.-
state.right.title.Entering.clam.a... dr.:sari .rr o rce ono;dudes ni.. o part.rlt her in law..r
tor;it v.of.r. re u[d to above batea ',lm n,._...atilt:by, tn..ie:.re..r.'-a,. pt.,ten:tn.-es
TO HAVE AND TO HOLM the sard ! -n 1 I.kr.• i e t .le;he appurtenances .•:e
uccc
1 part y of tE�11CiCd part its/.Y%R mC A.. '1 tees ,'the first part
�f them «Ness/ • t - suc.erssosg grant.r -•'earn awl ages t .d
with h. Yard party dtor . ,r.tartt. its/GRAY .. :not the rraea.mg and delivrr,
.tithe else sents. they are art'..m w ,.frripr.n.. ea ue..r..n rd..n..f g,,•...�. er:rel.ah.ub,te ant
,ndefeasrpl«estateof.n hrnlan..c•f.ow,.a fee.n.lit.:.r..l!...ve kd.,d r.gr,t,fit,rpc .anti authority
to grant bargain..ea and e..r, m«- n ..man.r. .._., ,.n . e.•. a....'liar th...an't are free and clear
front al' f.rmr. and lee r.ant- r�arga.m.= tai I'•n. rat.._ :......n r,:.,r.:wl.ran.'�a..f s ate'er kind o'
nature soever. Subject to reservations, restrictions and a rights—of—way of record and
subject to existing Deeds of Trust for the use and benefit of The Travelers In—
surance Company and Dean H. Avers, all of which shall be assumed and paid by
Grantee;
.•...the alas eLar¢a eA nr arm-._...t.. ......, a._..d.e u. _.._...r ... a ila y d.thesecondPAM
its /51iS&45'TB.T.`igr :.g. _ _ :r— ,� n.tn.Annie nr
;here..(.the sand parr ies 'a:'.f.r.tt'..r,'...i! kRAN1 AND FOREVER DEFEND
IN WITNESS WHERE.(•.',,.tams,part ies .0:i.r.t:.-,pm.r:.aye ,..r.,n......,theirha ,,s
end seal s hi day and n ,, .[ tar ... wr. r.r, .7 n
w ;SEAT
(Ro
isE AL:,
!SEAL.
STATE OF r'OlPk.AD'. j ' Robert C. Sfrffe
•
!bunt...( Weld
n'
The(.01110ygg� ihrtrumrnt Ehrli n..w...rp..:o.b.,.. . / •. .I:.
1i�[.r'r•,4CgnWId O_Ehrl ich, Robert E. Ehr 1'.cn and Robert 'C. Saf fell.
:,1 gt omrnIsr r:Ita4ft.na. --_: , I."74 ?e tr.e.sn::.band and..ffrr,al.r al.
'•• ��
et;Ok.\G: 41 c Address..',. .r .,cyx.� 7,P,,,,J /s%r
""°4X'.•
!in tlfW fl ltrY ®.—Is Rnlpaple W_ aNr.•e ,n .rn, _ w..a.. 1.\r• Ir r•a.,♦ , r.1 aW-v
° B 0965 SEC 01808544 04/ 82 10.7s $6-00 z;'002
F 1277 MARY ANN FEUERSTE... CLERK e RECORDER WELD CO, CO
EXHIBIT "A"
Parcel A:
The Northeast Quarter (NE4) of Section Eleven (11): and also the East Half
of the Northwest Quarter (E7NWlr) of Section Eleven (11), Township Six (6)
North, Range Sixty-five (65) West of the 6th P.M. described as follows:
Beginning at the North Quarter corner of Section 11. thence in a Westerly
direction along the North side of said Section, 580 feet, thence South
1°45' East 2485 feet to an iron pipe; thence South 32°30' East 220 feet
to the East and West center line of said Section 11, thence in an Easterly
direction along said center line 400 feet to the center of said Section,
thence in a Northerly direction 2662 feet, more or less, along the North
and South center line of said Section to the point of beginning;
TOGETHER WITH four (4) shares of Larimer and Weld Irrigation Company. four
(4) shares of Larimer and Weld Reservoir Company, two (2) shares of Windsor
Reservoir and Canal Company, and nine and one-half (9$) shares of Owl Creek
Supply and Irrigation Company.
AND EXCEPT those parcels described as follows:
Lot "A". Recorded Exemption No. 0803-11-1-RE 522, being a part of the North-
east Quarter of Section 11, Township 6 North, Range 65 West of the 6th
P.M., Weld County, Colorado, as per map recorded December 3, 1981, in Book
954 as Reception No. 1876098. and
Subdivision Exemption No. 144 as per Rut red riled v Half 19
Noenber , 81,1875310, in being in Book 953 as Reception No. B located
Section 11, Township 6 North, Range 65 West of the 6ch P.M., Weld County,
Colorado.
Parcel B:
Lot'B, Recorded Exemption No. 0805-35-I-RE 475, and Lot B, Recorded Exemption
No. 0807-4-35-RE 476, being part of the East Half (E') of Section Thirty
five (35). Township Six (6) North, Range Sixty-seven (67), West of the
6th P.M.. and part of the Southwest Quarter (SWit) of Section Thirty-six
(36). Township Six (6) North, Range Sixty-seven (67), West of the 6th P.H.,
Weld County. Colorado, as per maps recorded January 21, 1981, in Book 925
ds Reception Nos. 1847470 and 1847472.
TOGETHER WITH twelve (12) shares of the capital stock of The Whitney Irriga-
tion Company.
AR2031220 B 1090 REC 0203],22P^11/06/85 09:35 $3.00 1/001
F 1826 MARY ANN PEI JTEIN CLERK & RECORDER WELD CO, CO
F
QUIT CLAIM DEED State Documentary Fe.
Date.NQU F 100.5 li
,.- THIS DEED,Made this 7th day of October ,19 85 $ —.Zit • i
III between GARY C. FLACK Ii,
y of the yy 'County of LARIMER and State of
Ctl rind rantoris).and II
* 88050 N Colorado
Charles F. Flack and Doris M. Flack, as joint ''III,
tenants with the right of survivorship,
whose kcal address is1516 L. Street, Auburn, Nebraska
68305 ALIIP)STc,I'
of the County of `Nemaha and State of CM6Yaaa,granteefs),
WITNESSETH,That the amnions).for and in consideration of the sum of
I Ten dollars and other good and valuable consideration *Maas jj
the receipt and sufficiency of which is hereby acknowledged.has remised,released,sold,conveyed and QUIT CLAIMED,and by I!
these presents do es remise,release,sell,convey and QUIT CLAIM unto the garnet). their heirs,successors and assigns. II
I forever, all t e right, title, interest, claim and demand which the grantorts) ha S in and to the real property. together with
improvements,if any,situate.lying and being in the County of Weld and State of I
Colorado.described as follows:
Lots A and B of Recorded Exemption No. 475, and Lot B of Recorded Exemption
� I�
No. 476, located in the South Half (Slit) of the Northeast Quarter (NE1k) and ;',
the North Half (Nl/L) of the Southeast Quarter (SEI/4) of Section Thirty-five
(35), Township Six (6) North, Range Sixty-seven (67) West of the 6th �'
P.M., together with the right of ingress and egress at all times for the
purpose of mining, drilling and exploring said land for oil, gas and I
other minerals and removing the same therefrom;
•
Lot B of Recorded Exemption No. 0709-32-2-RE-413 in the North Half (N1/2) of
Section Thirty-two (32), Township Seven (7) North, Range Sixty-five (65)
West of the 6th P.M.; and Lot B of Recorded Exemption No. 0957-8-4- I
RE-359 in the Southeast Quarter (SEI/4) of Section Eight (B), Township
•
Five (5) North, Range Sixty-seven (67) West of the 6th P.M., together 1
with the right of ingress and egress at all times for the purpose of II
mining, drilling and exploring said land for oil, gas or other minerals I
and removing the same therefrom;
i
all being in Weld County, Colorado
also known by street and number as:
TO El VE AND TO HOLD the.ame.together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining.and all Mt estate,right.title,interest and claim whatsoever,of the grantor(s),either in law or equity,to
the only proper use.benefit and hehrmf of the grantee(sl, thei r heirs and assigns forever.
IN WITNESS WHEREOF.The grunions)ha 5 executed this deed on the dale set forth above.
I
El?“.
i
MINNESOTA II
srrcfli of OO:80I 111(a
County of Redwood ii
The foregoing instrument wasa:knwledgedhcfnn:mc this 29th day of OC to be ?.1985 ,
by Gary C. Flack fI
I
My commission expires I- ,to ,19V9 ,Witness my hand and official seal.
� .tamu ,,ucf
1
s .i, �/ ,
--� I
t„ . >o.meAddrt <,&lc . :< .4.00-e-eo -4,6 ii
• Ii
9f in Denver,insert-City and." i
No.931 11ev.W. Ui er I i.AIM mu'.0 n,wes„il I>aa,amr.ta;,w to n...t.6wn.t.pl*via- iso,at is `s�
Alt 2086589 B 1144 REC 02086589 01/30/87 08:38 $9.00 1/003
F 1248 MARY ANN FEDERSTEIN CLERK s RECORDER WELD CO, CO
QUIT CLAIM DEED (WITH COVENANT)
THIS DEED, made this 30th day of September, 1986, between
RUBEN HERGERT, PAULINE SCHEID and JAMES PtVONKA, Trustees for the
Gotfret Hergret Family Trust of the County of Weld and State of
Colorado, grantors, and E. D. WARDS, whose legal address is P.O.
Box 10265, of the City and County of Denver, and State of
Colorado, grantee,
WITNE33ETH, that the grantors, for and in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged have remised, released, sold, conveyed and QUIT
CLAIMED, and by these presents do remise, release, sell, convey
and QUIT CLAIM unto the grantee, his heirs, successors and
assigns, forever, all the right, title, interest, claim and
demand which the grantors have in and to the real property,
together with improvements, if any, situate, lying and being in
the County of Weld and State of Colorado, described as follows:
The South Half of the Southeast Quarter (S1/2
SE 1/4) of Section Twenty-six (26) , Township
Six (6) North, Range Sixty-seven (67) Nest of
the 6th P.M. , including all of grantors' legal
rights, title and interest of whatsoever nature
in and to all oil, gas, hydrocarbons and other
minerals in, on and under such lands;
In return for the above conveyance, the grantee
agrees to account for and pay to the grantors
one-fourth (25%) of all monies received as
bonus, delay rental or royalty from or
attributable to any leanes of the above
described property or production of oil, gas,
hydrocarbons and othr . minerals therefrom until
February 21, 2000. .nis covenant to pay money
shall not be construed as a mineral or royalty
interest and shall carry with it no executive
or other rights to lease, to explore for,
remove or extract any minerals or any rights of
ingress or egress to and from the property, but
shall bind the parties hereto, their heirs,
successors, assigns, personal representatives
and administrators and shall constitute a
covenant running with the title to the land
until February 21, 2000, at which time said
covenant shall terminate and be of no effect.
Grantee, his heirs and assigns, shall have the
sole power to lease any and all minerals in,
under and upon said lands and any lease or
B 1144 REC 02086589 01/30, 08:38 $9.00 2/003
F 1249 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO
other document executed by grantee shall bind
".... the interest of grantors in and to the monies
derived therefrom. Any lessee, production
purchaser or other payor shall pay any and all
monies due and owing as a result of such lease
or production of oil, gas or other minerals to
grantee only and shall have no responsibility
to pay any portion thereof to grantors.
TO HAVE AND TO HOLD the same, together with all and singular
the appurtenances and privileges thereunto belonging or in
anywise tnereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the grantors, either in law or
equity, to the only proper use, benefit and behoof of the
grantee, his heirs and assigns forever.
IN WITNESS WHEREOF, the grantors have executed this deed on
the date set forth above.
{11 t
/ // ✓ .
Ruben Hergert, TnUstee
1 n
(2,I.L.tVr4k-+ ✓/'e.e lki
Pauline Scheid, Trustee •
\tai,:•. . . _
f James Pivonka, Trustee
STATE OF COLORADO )
ss
COUNT OF WELD )
Tne foregoing instrument was acknowledged this 30th day of
^
xptember, 1986 by Ruben Hergert, Pauline Scheid, ea—Times
svonKa, Trustees of the Gotf ret Hergert Family Trust.
Witness my hand and official seal. i'9.'
My Commission Expires '91 tit;
My commission expires: August 22, 19Si7 4 � s":"‘• '
C?IT
•
fi'uS/ ..
Notary blic
-2_
B 1144 REC 02086589 01/31„ 67 08:38 $9.00 3/003
F 1250 MARY ANN FEUERSTEIN CLERK s RECORDER WELD CO. CO
r
SPTED AND APPROVED:
E. D. ;garde
STATE OF COLORADO ) SS.
COUNTY OF 71,emd,,.l
The foregoing instrument was acknowledged this i day of
fetikle bell//.}t'(/ by E. D. Warde.
January, 19
Witness my hand and official seal. . ,^G(I;j�y. -.
My commission expires: s ,
My Commission expires June 4.198 -tj,
7N COLORADO&VD. /7(W rd ' 'C it ^fig.f,F�
1450 SOWN CO. earn Notary Public ✓/
-3-
- B 1252 REC 02202033 01/05/90 15:53 AD.00 1/001
AR2202033
F 2134 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Lg4L.
` iselo y'Deed
THIS DEED is a conveyance of the real property described below.including any Improvements and other appurtenances the
'property"1 from the indrvldual(al.norporstion(a).partnersNP(s).or Other eniltv(lesl Mined belowa,GRANTOR to the mdwldual(fl
or enulyoa)Mimed below IS GRANTEE.
Tire GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the Idle to I he properly.
e.capt for 1I t the lien of the general prCMrly taxes for IM year of this deed,which the GRANTEE will pay(2)any easements and
nohls'obw ay shown OI record 13)any paten)reservations and exceptions(4)any outstanding mineral interests shown of record(5)
.F, any°rot ectiVe covenants and teatnctions shown of record,and(e)any additional matter.shown below under"Additional Warranty
$ 5.86rcepunna"
The Specific Terme of This Deed Are:
Grantor lave namel h and pucels)of residence dthe 1pouseOflee OWN,.gianlOr O plane in ilia Deed to Wean homealead'phts.idenbry
pi nlmus husband anti wire I
E. D. WARDE
Grantee: idea..iamel Sl and addretsiesl Statement of ad01esa.including available toed or Weil number,is'slurred I
ROBERT J. GIETZEN AND LORI J. GIETZEH
31061 NCR 23 GREELEY CO 80631
Form of Co-Ownership: it Mere se two or more grantees mined they will be cmaiaaied toles n tenant,m common unless line words'm
lamt tenancy or worn of me um*meaning are added in the spade belpw.I
JOINT TENANTS
Property Description; nmluce county and Mahal
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 67
WEST OF THE 6TH P.M., WELD COUNTY, COLORADO.
State cumAentaIrqy Fee
[3r3t AAyJ(..L.. .
$ m M 7, 8O
Property Address: 31061 VCR 23 GREELEY CO 80631
Consideration: .Inasummeni cis dolls,amawa n rename.meflualncons ehnon Om Mit der,*di M,ureaumed LINOS I mseomennea•a
demean ea n gill in any case this conveyance,a,absolute final and uMorNnlanal I
TWO HUNDRED FIFTY EIGHT THOUSAND AND 00/100
ReservationsRestNetlons: ill ne GRAN TOR intends to refine any totemic n D10(0000,4 or to convey less men he owns or d InoGRANTOR
a 'arai°"1"p theg�leT$eiRH4'r£ton°8TivIs41veli4`HBVY!°Efevof the bore hole
Seller specifically -26ewels 8
known as the Wards 1-26 well. Seller further specifies ownership of the equipment
currently in place at well site and retains the right to remove said equipment
qt ftpch time as seller chooses.
3 AddltI0M1d Warranty EseePtbns: 'Include deeds of roil being flaunted and Ollie,manilla nut cowrrrl more I
3
c
'I
J
JANUARY 4, 1990
s r..r,dra nl me Gramnr wn p
Mebelule Clause lot Corporation.palnershlp es Asebelatln: Signature Clause for S0:Nam,01 5n10, Corporation.Partnership or ASloclalion � D ��� Gian1M
Grantor
ay .
__ .• '•vJ V1 LI rilreOl
Anne ''
STATE OP COLORADO se
COUNTY OF WELD I
Tim Income instrument was acanoaladged be,ore me in:t 4th ray or L$17111,• :tY 9
Br• E. D. WARDS
WITNESS my hard and oncrot seal `• ,
My abmMealOn Meirea:
AUGUST 4, 1992 uuebe
STATE OF I a 1221 8TH AVE., GREELEY, CO.
COUNTY OF
Tex foregor4 instrument was aMnowldged odor nit MSS day Of .H
Or•
I•nememprmualGlanlollsl of II Granter ntoeporation.Paveersepor Assotnilmelhe mdeMiMagbelseepraateahOUSIMpn,dewlerw sacretarvor
assistant nes,tary p oc.00rnlon.or es penMrt,i of earlenhip.Of as authorised mamberts)of esKKralen 1
WITNESS my hand and official Mai
My nmmlaalen aspires: Nary Mlle
•teat UPDATE Creaks FOAMS NO
lel
a 0 Co.inn DID E Creaky, aline MU
(sea)Ina
AR2208856
B 1259 REC 02208856 03/26/90 09:40 *30.00 1/006
Ptepared by: F 0581 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO —
HASLER, PoNFARA AND MAXWELL
Attorneys at Law
Post Office Box 2267 Mate Document; Fee
Port Collins, CO 80522 3.Cr2(R.7.9
Date .
WARRANTY DEED
THIS DEED, made this 21st day of March, 1990, by and between
ROBERT J. GIETZEN and LORI J. GIETZEN, whose mailing address, for
purposes of this Warranty Deed, is 31061 Weld County Road 23,
Greeley, Colorado 80631 ("the Grantors") , and WINDSOR RESOURCE
CORPORATION, s Colorado corporation, the mailing address of
which, for purposes of this Warranty Deed, is 760 Whalers Way,
Suite A200, Fort Collins, Colorado 80525 ("the Grantee") .
Ui. 2v•4
WITNESSETH:
That the Grantors, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
to the Grantors in hand paid by the Grantee, the receipt of which
is hereby confessed and acknowledged, have granted, bargained,
sold, and conveyed, and by these presents do hereby grant,
bargain, sell, convey, and confirm unto the Grantee, its
successors and assigns, forever, that certain parcel of real
property. together with all improvements, if any, situate, lying,
and being in the County of Weld, State of Colorado, which is
legally described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property") .
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 estate, righht, titin,
lnteresit, claim, and demand whatsoever of the Grantors., either in
law or equity, of, in, or to the Property, with the hereditaments
and appurtenances.
TO HAVE AND TO HOLD the Property above bargained and
described with the appurtenances unto the Grantee, its successors
and assigns, forever. And the Grantors, for themselves and their
heirs, administrators, and assigns, do covenant, grant, bargain,
and agree to and with the Grantee, its successors and assigns,
that at the time of the cnsealing and delivery of these presents
they are well seized of the Property; have good, sure, perfect,
absolute, and indefeasible estate of inheritance, in law, in tee
simple; and have good right, full power, and lawful authority to n�I
grant, bargain, sell, and convey the same in manner and form as I'VJ
aforesaid; and that, except as hereinafter provided, the same are w-
free from all former and other grants, bargains, sales, liens, J
taxes, assessments, and encumbrances of whatever kind or nature, % '
soever; and the Grantors do hereby warrant the title to the
same, subject to all easements and rights-of-way in place or as
8 1259 RUC 02208856 03/26/90 09:40 *30.00 2/006
• F 05.32 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
. --
now existing or of record; any restrictions, reservations, or
exceptions contained in any United States or State of Colorado
Patents of record; all zoning and other governmental rules and
regulations; general property taxes for the current year; and
expressly subject to all of the following:
Leases and Tenancies: Existing farm lease with Richard
Podtburg & Son.
Mineral Exceptions or Reservations: Those of record.
Mortgages or Deeds of Trust: None.
Retained Property. The Property (being the parcel of real
estate which is legally described on Exhibit "A" and which is
being conveyed by the Grantors to the Grantee by this Warranty
Deed) adjoins a parcel of land which is owned by the Grantors and
which is being retained by the Grantors ("the Retained
Property") . The Retained Property is legally described on
Exhibit "B" attached hereto and incorporated herein by reference.
Enervation of Easement. The Grantors expressly except and
reserve unto themselves and unto their heirs, administrators,
assigns, and invitees, forever, a perpetual, non-exclusive
easement and right-of-way to use the existing irrigation ditch
crossing the Property to provide for the transportation of water
rights retained by the Grantors from the Whitney Ditch over and
across the Property to the Retained Property. Said easement
shall also include a non-exclusive easement and right-of-way aver
and across so much of the Property as is reasonably necessary for
the purpose of cleaning, restoring, and/or maintaining said
ditch. Said easement shall run with the Retained Property and
shall be deemed to be an appurtenance thereof.
Restrictive Covenant-Retained Property. The Grantors, for
themselves, their heirs. administrators, and assigns, hereby
declare that a portion of the Retained Property ("Restricted
Strip") shall be owned, held, transferred, conveyed, sold,
leased, rented, hypothecated, encumbered, used, and occupied
subject to the restrictive covenant that there shall be no
commercial or business use thereof or commercial buildings,
structures, or improvements erected, constructed, or maintained
thereon and that the Retained Property shall be used only for
agricultural, wildlife, or forestry purposes, provided that there
shall be no construction of any buildings, structures, or other
improvements upon the Retained Property for those or any other
purposes. The Restricted Strip shall consist of that portion of
- 2 - ✓/
8 1259 REC 02208856 03/26/90 09:40 030.00 3/006
F 0583 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
the Retained Property lying West of the existing farm road which
runs in a north-south direction across the Retained Property.
The dimensions of the Restricted Ctrip are exactly six hundred
forty-eight feet (648') in length and approximately one hundred
fifty feet (150' ) to two hundred fifty feet (250' ) in width. The
foregoing restrictive covenant shall run with the Retained
Property and be binding on all parties having any right, title,
or interest in the Retained Property or any part thereof and
shall inure to the benefit of the Grantee, its successors and
assigns, or to any subsequent owners of the Property. The
Grantors agree that the foregoing restrictive covenant shall be
binding upon the Grantors, their heirs, administrators, and
assigns, and any other party having any right, title, or interest
in and to the Retained Property or any part thereof. The
Grantee, its successors and assigns, and any subsequent owners of
the Property, shall have the right to enforce the foregoing
restrictive covenant by any proceeding at law or in equity
against any person or persons violating or threatening to violate
such restriction and to recover any damages suffered by them as a
result of any violation thereof.
The Grantors, for themselves and their heirs ,
administrators, and assigns, do covenant and agree to and with
the Grantee, its successors and assigns, that the Grantee, its
successors and assigns, shall and may lawfully and at all times
hereafter peaceably and quietly have, occupy, possess, and enjoy
the Property hereby granted, or intended so to be, with the
appurtenances, without the lawful hindrance or molestation of the
Grantors, their heirs, administrators, and assigns, or of any
other person or persons whomsoever, by or with their consent,
privity, or procurement.
IN WITNESS WHEREOF, the Grantors have executed this Warranty
Deed the day and year first above.
RO R J. GI
RI6Jt IETZ";
- 3 -
B 1259 EEC 02208856 03/26/90 09:40 *30.00 4/006
P 0584 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO
STATE OF COLORADO )
ss.
COUNTY OP LARIMER )
The foregoing instrument was acknowledged before me this
21st day of March, 1990, by ROBERT J. GIETZEN and LORI J.
GIETZEN.
WITNESS my hand and official seal.
My commission expires: f / 0 / ..-70 "' ^•., o''
Notary Public ..,,.. �o
w` � ' ' of
rV
4 ✓Y
B 1255 REC 02208856 03/26/90 09:40 030.00 5/006
F 0585 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO. CO
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED
BETWEEN ROBERT J. GIETZEN AND LORI J. GIETZEN ("THE GRANTORS")
AND WINDSOR RESOURCE CORPORATION ("THE GRANTEE")
LEGAL DESCRIPTION
OF THE PROPERTY
Lot A of Recorded Exemption No. 08O7-26-4-RE1245,
recorded March 19, 1990, in Book 1258 as Reception
No. 02208245, being a part of the 81/2 of the SE1/4 of
Section 26, Township 6 North, Range 67 West of the
6th P.M. , County of Weld, State of Colorado.
(Vacant land, no street address assigned)
TOGETHER WITH all wells and well rights, water and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, six (6) shares of the capital stock of
The Whitney Irrigation Company.
- 5
856 0 030.00 6/006
OF 0586 MARY ANN B 03/26/90 g
FEUERSTEINCLERK &4RECORDER WELD CO, CO
EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED
BETWEEN ROBERT J. GIETZEN AND LORI J. GIETZEN ("THE GRANTORS")
AND WINDSOR RESOURCE CORPORATION ("THE GRANTEE")
j,F,GAL DESCRIPTION
nF THE RETAINED PROPERTY
Lot B of Recorded Exemption No. 0807-26-4-RE1245,
recorded March 19, 1990, in Book 1258 as Reception
No. 02208245, being a part of the 81/2 of the SE1/4 of
Section 26, Township 6 North, Range 67 West of the
6th P.M. , County of Weld, State of Colorado.
(Vacant land, no street address assigned)
✓'
- 6 -
AR2208ES9 B 1259 REC 02208859 03/26/90 09:41 415.00 1/003
F 0598 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Prepared by:
HASLER/ FONFARA AND MAXWELL
Attorneys at Law
Post Office Box 2267
Fort Collins, CO 80522 State Documentary Fee
Date 3'••74,-96
WARRANTY DEED
THIS DEED, made this 21st day of March, 1990, by and between
ESTHER EHRLICH, whose mailing address, for purposes of this
Warranty Deed, is 11270 Highway 60, Milliken, Colorado 80543
("the Grantor") , and WINDSOR RESOURCE CORPORATION, a Colorado
Corporation, the mailing address of which, for purposes of this
Warranty Deed, is 760 Whalers Way, Suite A200, Fort Collins,
Colorado 80525 ("the Grantee") .
WITNESSETH:
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
to the Grantor in hand paid by the Grantee, the receipt of which
is hereby confessed and acknowledged, has granted, bargained,
sold, and conveyed, and by these presents does hereby grant,
bargain, sell, convey, and confirm unto the Grantee, its
successors and assigns, forever, that certain parcel of real
property, together with all improvements, if any, situate, lying,
and being in the County of Weld, State of Colorado, which is
legally described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property") .
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 estate, right, title,
interest, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, or to the Property, with the hereditaments
and appurtenances.
TO HAVE AND TO HOLD the Property above bargained and
described with the appurtenances unto the Grantee, its successors
and assigns, forever. And the Grantor, for herself and her
heirs, administrators, and assigns, does covenant, grant,
bargain, and agree to and with the Grantee, its successors and
assigns, that at the time of the ensealing and delivery of these
presents they are well seized of the Property; have good, sure,
perfect, absolute, and indefeasible estate of inheritance, in
law, in fee simple; and have good right, full power„ and lawful
authority to grant, bargain, sell, and convey the same in manner
and form as aforesaid; and that, except as hereinafter provided,
the same are free from all former and other grants, bargains,
sales, liens, taxes, assessments, and encumbrances of whatever
kind or nature soever; and the Grantor does hereby warrant the
title to the same, subject to all easements and rights-of-way in
place or as now existing or of record; any restrictions,
B 1259 REC 02208859 03/26/90 09841 415.00 2/003
F 0599 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
reservations, or exceptions contained in any United States or
State of Colorado Patents of record; all zoning and other
governmental rules and regulations; general property taxes for
the current year: and expressly subject to all of the following:
Leases and Tenancies: None.
Mineral Exceptions or Reservations: Those of record. It is not
the intention of the Grantor to convey to the Grantee any
interest which the Grantor, or other members of the Grantor's
family, may have in and to the undivided fifty percent (50%)
interest in all oil, gas, and other minerals vested in Ruben
Hergert, Pauline Scheid, and James Pivonka, Trustees of the
Gotfret Hergert Family Trust by the terms of the Judgment and
Decree dated December 27, 1985, entered by the District Court of
the County of Weld, State of Colorado, in Case No. 85-CV-1006, of
which Judgment and Decree was recorded January 8, 1986, in
Book 1098 at Reception No. 2038470. It is the intent of the
Grantor to convey to the Grantee any and all rights and powers
they have to make and execute oil and gas leases regarding the
Property.
Mortgages or Deeds of Trust: None.
The Grantor, for herself and her heirs, administrators, and
assigns, does covenant and agree to and with the Grantee, its
successors and assigns, that the Grantee, its successors and
assigns, shall and may lawfully and at all times hereafter
peaceably and quietly have, occupy, possess, and enjoy the
Property hereby granted, or intended so to be, with the
appurtenances, without the lawful hindrance or molestation of the
Grantor, her heirs, administrators, and assigns, or of any other
person or persons whomsoever, by or with her consent, privity,
or procurement.
IN WITNESS WHEREOF, the Grantor has executed this Warranty
Deed the day and year first above written.
M
E RLICH
STATE OF COLORADO )
as.
COUNTY OF LARIMER
, f��� NV
The foregoing instrument was acknowledged before tsg ;!'
21St day of March, 1990, by ESTHER EHRLICH. /: :k '•• o.
i: 'Yl ' 4,3\4.
:
WITNESS my hand and official seal. 6e� p ,
A% 2' 1' ‘`7 E.?
My commission expires: ////e2.)/0 e;', �.'
()4 4 /Akfr :1›
Notary Public
- 2 -
8 1259 REC 02208859 03/26/90 09:41 025.00 3/003
F 0600 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED
BETWEEN ESTHER EHRLICH ("THE GRANTOR") AND WINDSOR RESOURCE
CORPORATION ("THE GRANTEE")
LEGAL DESCRIPTION
OF THE PROPERTX
Lots A and B of Recorded Exemption No. 0807-35-1-
RE1244, recorded March 19, 1990, in Book 1258 as
Reception No. 02208246, being the N1/2 of the NE1/4 of
Section 35, Township 6 North, Range 67 West of the
6th P.M. , County of Weld, State of Colorado.
(Street address: 30801 Weld County Road 23, Greeley,
Colorado)
TOGETHER WITH all wells and well rights, water and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, eight (8) shares of the capital stock
of The Whitney Irrigation Company and one (1) water tap
in the City of Greeley.
Including all of Grantor's right, title and interest in
and to (1) a 50% interest in all oil, gas and mineral
rights and (ii) the power to make and execute oil and
gas leases as provided in paragraph 11 of the Judgment
and Decree recorded in Book 1098, Reception 02038470 of
the Weld County, Colorado records.
- 3 -
AE2208463 B 1259 REC 02208863 03/26/90 09:42 820.00 1/004
Prepared by: F 0606 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
• HASLER, FONFARA AND MAXWELL
Attorneys at Law
Post Office Box 2267
Fort Collins, CO 80522 State Docyo;entar.:Fee
Date
THIS DEED, made this 21st day of March, 1990, by and between
NORTHERN FRONT RANGE FARMS, a Colorado General Partnership, the
mailing address of which, for purposes of this Warranty Deed, is
1200 Carousel Drive, Windsor, Colorado 80550 ("the Grantor") , and
WINDSOR RESOURCE CORPORATION, a Colorado Corporation, the
mailing address of which, for purposes of this Warranty Deed, is
760 Whalers Way, Suite A200, Fort. Collins, Colorado 80525 ("the
Grantee") .
pr4LA/fi.23 WITNESSETH:
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
to the Grantor in hand paid by the Grantee, the receipt of which
is hereby confessed and acknowledged, has granted, bargained,
sold, and conveyed, and by these presents does hereby grant,
bargain, sell, convey, and confirm unto the Grantee, its
successors and assigns, forever, that certain parcel of real
property, together with all improvements, if any, situate, lying,
and being in the county of Weld, State of Colorado, which is
legally described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property") .
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 estate, right, title,
interest, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, or to the Property, with the hereditaments
and appurtenances.
TO HAVE AND TO HOLD the Property above bargained and
described with the appurtenances unto the Grantee, its successors
and assigns, forever. And the Grantor, for itself and its
successors and assigns, does covenant, grant, bargain, and agree
to and with the Grantee, its successors and assigns, that at the
time of the ensealing and delivery of these presents it is well
seized of the Property; has good, sure, perfect, absolute, and
indefeasible estate of inheritance, in law, in fee simple; and
has good right, full power, and lawful authority to grant,
bargain, sell, and convey the same in manner and form as
aforesaid; and that, except as hereinafter provided, the same are
free from all former and other grants, bargains, sales, liens,
taxes, assessments, and encumbrances of whatever kind or nature
soever; and the Grantor does hereby warrant the title to the
same, subject to all easements and rights-of-way in place or as
B 1259 REC 02208863 03/26/90 09:42 *20.00 2/004
F 0607 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
now existing or of record; any restrictions, reservations, or
exceptions contained in any United States or State of Colorado
Patents of record; all zoning and other governmental rules and
regulations; general property taxes for the current year; and
expressly subject to all of the following:
Leases and Tenancies: None.
Mineral Exceptions or Reservations: Those of record.
Mortgages or Deeds of Trust: None.
The: Grantor, for itself and its successors and assigns, does
covenant. and agree to and with the Grantee, its successors and
assigns, that the Grantee, its successors and assigns, shall and
may lawfully and at all times hereafter peaceably and quietly
have, occupy, possess, and enjoy the Property hereby granted, or
intended so to be, with the appurtenances, without the lawful
hindrance or molestation of the Grantor, its successors and
assigns, or of any other person or persons whomsoever, by or with
its consent, privity, or procurement.
IN WITNESS WHEREOF, the Grantor has executed this Warranty
Deed the day and year first above written.
NORTHE FR NT RANG• FARMS,
a Co/•ra - • ' Pa my ship
By
R.c ert . E " oh, Par ner
By . .,st.
Rona E r 1 P- n,: r
By
'•ber Sa 'fell, = Robert E.
Ehrli , is Attorne n- 'act
Part r
By
b Ma nes , by Rober Ehrlich
his Attorney-in-Fact, Partner
s•�
— 2
• H 1259 REC 02208863 03/26/90 09342 620.00 3/004
F 0608 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The: foregoing instrument was acknowledged before me this
21st day of March, 1990, by Robert E. Ehrlich and Ronald O.
Ehrlich, Partners in NORTHERN FRONT RANGE FARMS, a Colorado,
General Partnership.
WITNESS my hand and official seal. '��yj° �� U
My commission expires: /1/Jo/Cl p ' — 'IS
•> ',C . 7�! �+.�-.�. .I .a ra t
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF LARINER )
The foregoing instrument was acknowledged before me this
21st day of March, 1990, by Robert E. Ehrlich, as _
Attorney-in-Fact for Robert C. saffell and Sob Magness, Partnet4— ;�
in NORTHERN FRONT RANGE FARMS, a Colorado General Partnership. •. •r
WITNESS my hand and official seal. , ,.
My commission expires: /(// G' /90 ; ��;
4'tw M1� /ltf n .,sue, ` .- .�T�j.....
' ,
Notary Public
- 3 -
B 1259 REC 02208863 03/26/90 09:42 820.00 4/004
F 0609 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED
BETWEEN NORTHERN FRONT RANGE FARMS ("THE GRANTOR") AND WINDSOR
RESOURCE CORPORATION ("THE GRANTEE")
LEGAL DESCRIPTION
OF THE PROPERTI
Lot B of Recorded Exemption No. 0805-35-1-RE475,
recorded January 21, 1981, in Book 925 as Reception
No. 1847470, and Lot B of Recorded Exemption
No. 0807-4-35-RE476, recorded January 21, 1981, in
Book 925 as Reception No. 1847472, all being a part of
the South 1/2 of the Northeast 1/4 and a part of the
North 1/2 of the Southeast 1/4 of Section 35 and that
portion of the North 1/2 of the Southwest 1/4 of
Section 36 lying West and south of Weld County Road 23
and North of the Cache La Poudre River, all in
Township 6 North, Range 67 West of the 6th P.M. , County
of Weld, State of Colorado.
(Vacant land, no street address assigned)
TOGETHER WITH all wells and well rights, water and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, twelve (12) shares of the capital stock
of The Whitney Irrigation Company.
- 4 -
, aR22DaD65 E 125> AEC 02208865 03/26/90 09:46 61_.00 1/003
F 0613 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
State Documentary Fee
.r^ SPECIAL WARRANTY DEED Dtte `3'a(R1,QQ
THIS DEED, made and entered as of the 23rd day of March,
1990, between WINDSOR RESOURCE CORPORATION, a Colorado
Corporation, the mailing address of which, for purposes of this
Deed, is 760 Whalers Way, Suite A200, Fort Collins, Colorado
80525 ("the Grantor") , and EASTMAN KODAK COMPANY, a New Jersey
Corporation, the mailing address of which, for purposes of this
Deed, is Windsor, Colorado 80551 ("the Grantee") .
WITNESSETH:
That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
has granted, bargained, sold, and conveyed, and by these
presents does hereby grant, bargain, sell, convey, and confirm
unto the 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, which
is described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Property") .
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, title, title,
interest,, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, and to the Property, with the
hereditaments and appurtenances.
To HAVE AND TO HOLD the Property with the appurtenances
unto the Grantee, its successors and assigns, forever. The
Grantor, for itself and its successors and assigns, does covenant
and agree that it shall and will warrant and forever defend the
Property in the quiet and peaceable possession of the Grantee,
its successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through, or
under the Grantor, except and subject to the following: all
easements and rights-of-way in place or of record; all toning and
other governmental rules and regulations; real property taxes for
1990 and all subsequent years; and existing leases or tenancies.
IN WITNESS WHEREOF, the Grantor has executed this Special
Warranty Deed on the date set forth above.
WINDSOR RESOURCE CORPORATION,
,0,,,." T: a Colored poration
O ` .
: 492 r7lmotby sler, Cra son, President
n Assistant Secretary
.,,410 OF COLORADO
as.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
23rd day of March, 1990, by Craig Harrison, as President, and
Timothy W. Hasler, as Assistant Secretary, of WINDSOR RES q
CORPORATION, a Colorado Corporation. ,.Z: ... e
WITNESS my hand and official seal. Ice/
My commission expires: j ; l I o �7 0
;
� (4
Qa o '
0-14
Notary Public
• B 1259 REC 02208865 03/26/90 09:46 S15.00 2/003
F 0614 MARY ANN FEUERSTEIN CLERIC S RECORDER WELD CO, CO
-- EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY
DEED BETWEEN WINDSOR RESOURCE CORPORATION ("THE GRANTOR") AND
EASTMAN KODAK COMPANY ("THE GRANTEE")
J.PGAL DESCRIPTION
OF THE PROPERTY
parcel 1 (Farm 43A1 :
Lot A of Recorded Exemption No. 0807-26-4-RE455, being
the N1/2 of the SE1/4 of Section 26, Township 6 North,
Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
(Street address: 31459 Weld County Road 23, Greeley,
Colorado)
TOGETHER WITH one (1) City of Greeley water tap.
parcel 2 (Farm 43B1 :
Lot B of Recorded Exemption No. 0807-26-4-RE455, being
the N1/2 of the SE1/4 of section 26, Township 6 North,
Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
(Vacant land, no street address assigned)
gospel 3 (Farm 44) :
Lot A of Recorded Exemption No. 0807-26-4-RE1245,
recorded March 19, 1990, in Book 1258 as Reception
No. 02208245, being a part of the S1/2 of the SE1/4 of
Section 26, Township 6 North, Range 67 West of the
6th P.M. , County of Weld, State of Colorado.
(Vacant land, no street address assigned)
parcel 4 (Farm 451 :
Lots A and 8 of Recorded Exemption No. 0807-35-1-
RE1244, recorded March 19, 1990, in Book 1258 as
Reception No. 02208246, being the N1/2 of the NE1/4 of
Section 35, Township 6 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado.
(Street address: 30801 Weld county Road 23, Greeley,
Colorado)
TOGETHER WITH one (1) City of Greeley water tap.
Parcel 5 (Farm 46) :
Lot 8 of Recorded Exemption No. 0805-35-1-RR475,
recorded January 21, 1981, in Book 925 as Reception
No. 1847470, and Lot B of Recorded Exemption
No. 0807-4-35-RE476, recorded January 21, 1981, in
Soak 925 as Reception No. 1847472, all being a part of
the South 1/2 of the Northeast 1/4 and a part of the
North 1/2 of the Southeast 1/4 of Section 35 and that
portion of the North 1/2 of the Southwest 1/4 of
Section 36 lying West and South of Weld County Road 23
and North of the Cache La Poudre River, all in
Township 6 North, Range 67 West of the 6th P.M., County
of Weld, State of Colorado.
(Vacant land, no street address assigned)
- 2 -
• B 1259 RISC 02208865 03/26/90 09:46 S15.00 3/003
F 0615 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
PAGE 2 TO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL
WARRANTY DEED BETWEEN WINDSOR RESOURCE CORPORATION ("THE
GRANTOR") AND EASTMAN KODAK COMPANY ("THE GRANTEE")
J•RGAL DESCRIPTOR
OF THE PROPERTY
(Continued from Exhibit "A")
pgyflol 6 (Farm 871:
A tract of land located in the W1/2 of Section 35,
Township 6 North, Range 67 West of the 6th P.M., being
more particularly described as follows:
Considering the West line of the NW1/4 of said
Section 35 as bearing North OO'24'o1" West, and with
all bearings contained herein relative thereto:
Commencing at the Northwest corner of the S1/2 of the
NW1/4 of said Section 35, said corner also being the
TRUE POINT OF BEGINNING: thence North 89'35'58" East
2633.96 feet along the North line of the S1/2 of the _.
NW1/4 of said section 35 to an existing brass cap set
by Kodak which is the intersection cf existing fence
lines: thence along a line approximating an existing
fence line, South 00'18'00" East, 1324.77 feet to a pin
representing the approximate angle point in the fence;
thence, continuing along said fence line, South
26'51'28" East, 1318.84 feet to the East line of the
SW1/4 of said Section 35: thence, along the said East
line, South 09'08'32" East, 1349.71 feet to the South
quarter corner of said Section 35; thence along the
South section line North 80'35'24" West, 2253.85 feet
to the Southwest corner of said section 35: thence
North 29.51'36" West, 2446.94 feet to the West quarter
corner of said Section 35; thence along the said Nest
line of the NW1/4 North 00'24'01" West, 1324.92 feet to
the TRUE POINT OF BEGINNING.
(Street address: 30914 Highway 257, Windsor, Colorado)
TOGETHER WITH all wells and well rights, water and
water rights, ditches and ditch rights, reservoirs and
reservoir rights belonging or in anyway appertaining to
the above-described property, including, but not by way
of limitation, forty-six (46) shares of the capital
stock of The Whitney Irrigation Company.
- 3 -
AB23I1i537. '_-_. 8 13a-` 1g 02304537 09/24/92 -10:22 '
F 01 MARY ANN PROUST= CLERK
1, CO -
CLERK i RECOR....at WELDI I- .
QUIT CLAIM DEED -----..
TIMAnild),Makeh 27th dayef August .If92,
kNet° CHARLES F. FLACK and DORIS M. FLACK
ka 'a'lamyof Nemaha isia,
• eraemsLael GARY C. FLACK and VIRGINIA G.
FLACK as joint tenants with the right of
survivorship
"eambBd*Wweer 2580 Coyote Circle, Golden, CO
80403
dde cmmyd Jefferson
adSmo ofCokeedo,lP ). . .
WflNflssmni ,lit saea(t sat Sj 't of the nm..f Ten Dollars and other
and-valuable considerations
meatipa.iwananryd wbkbictewyatmmledRd.bye inried.aired.add p1 QUITCLADIED.-w~—
done prmdsda wmiw.Sate.wit a.JVOtt(T.UM into the pateetstheir hobs.sweet=sod snipe.
l '.
flop.in dm gybl,111k.Wong.ekhe and dmmd nbkb de ��al h+H i s C We oat pepm%M°•........t.it ma tile.tying r dbrig is the a
°°'hcak ''ll"°' iv "a Lots A and B of Recorded Exemption No. 475, and s Lot B of Recorded exemption No. 476, located in the South Half(sh) of the Northeast Quarter (NEI) and the North Half (Ni) of the '
Southeast Quarter (8E4) of Section Thirty-five (35), Township Six
(6) North, Range Sixty-seven (67) West of the 6th P.M., together with the right of ingress and egress at all times for the purpose '
of mining, drilling and exploring said land for oil, gas and other
minerals and removing the same therefrom;
Lot 8 of Recorded Exemption No. 0709-32-2-Re-413 in the North Half
(Na ) of Section Thirty-two (32), Township Seven (7) North, Range
Sixty-five (65) West of the 6th P.M.;and Lot B of Recorded exempts
No. 0957-8+-4-Re-359 in the Southeast Quarter (SE%) of Section Eight
(8), Township Five (5) North, Range Sixty-seven (67) West of the 6th P.M., together with the right of ingress and egress at all time
�— for the purpose of mining, drilling and exploring said land for
oil, gas or other minerals and removing the same therefrom:
all being in Weld County, Colorado
ago lawns by led adnadee doe none
f. 7U MAW!AND ID ladle the gene,Weber w(tlt a9 Wanda,the ryymtemars+�P privileges lbemmm '
mynkethemeteenueieg.mdandataak.tight.tele.imnateddoimdeatteadeepeete(fldanttre euyto
the miy torn re.ktedl mid behold of ale ea teem their Mead adds totem.
e..0 INWIINES WHEREOF,Tiepntla(e)bite caved this dad ott Med*eel ki@ ibmt.
Charles F. Flack ....i: c.
ti)
V
b Doris N. Flack 4la at
,-
Cie,) O
Do snitsoRiffair
& •C✓ Tlierme imronagiaa3mni i ode lySdeef aaffr.
CJ < by Charles F. Flack and Doris M Flack. t ,If 92
O
0 -7 Mycaiumson was 11-aI-[y ..49— .Mutest my tad old mL
4�tItM (� laza.
•
-.
co elf Inaba Sara,ale
OG
leant lc4iL .rNnrauwttom �_'--
°..wah arte.naeseen.seee wean—1101)212.2304-.2112
099 / When recorded return to: P.C.3295099 06115/2006 02:59P Weld County, CO
J Frank L.Robinson,Esq.
Often Johnson Robinson Neff&Ragonetti 1 of 6 R 31.00 D 171.20 Steve Moreno Clerk& Recorder
950—17th Street,Suite 1600
Denver,CO 80202
SPECIAL WARRANTY DEED
(East Property Tract 2)
This SPECIAL WARRANTY DEED("Deed")evidences a conveyance by EASTMAN KODAK
COMPANY,a New Jersey corporation,whose address is 343 State Street, Rochester,NY 14650-0208
("Grantor"),to BROE LAND ACQUISITIONS II,LLC,a Colorado limited liability company
("Grantee"),whose address is 252 Clayton Street,Fourth Floor,Denver,CO 80206,Attention: Mr.Alex
Yeros.
Grantor, for and in consideration of the sum of$1,712,000.00,the receipt and sufficiency of
which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does
grant,bargain, sell,convey and confirm unto Grantee,its successors and assigns forever,the real property
located in Weld County,Colorado(the"County")which is described on Exhibit A attached to this Deed
(the"Property"),together with (i)the buildings,fixtures and other improvements owned by Grantor and
located on that Property, (ii)all development rights and air rights relating to the Property,any rights to
any land lying in the bed of any existing dedicated street,road or alley adjoining the Property and to all
strips and gores adjoining the Property,and any other easement,rights-of-way or appurtenances used in
connection with the beneficial use and enjoyment of the Property, and(iii)all and singular the other
hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversions,
remainders,rents,issues and profits thereof,and all the estate,right,title, interest,claim and demand
whatsoever of the Grantor,either in law or in equity,of,in and to the Property,and all hereditaments and
appurtenances;but excluding from this Deed(a)any and all minerals,oil, gas and other hydrocarbon
substances on and under the Property,which are being conveyed by a separate Bargain and Sale Mineral
Deed of even date herewith, (b)all water and water rights of any kind,wells and well permits and rights,
groundwater and groundwater rights,ditches and ditch rights,reservoirs and reservoir rights,storage
rights, springs and spring rights,and ditch and water company stock,whether decreed or undecreed,
appurtenant to or historically used in connection with the Property,whether in the nature of tributary,
non-tributary or not non-tributary interests,which,to the extent conveyed to Grantee,are being conveyed
by a separate Water Rights Deed and certain other instruments,each of even date herewith,and(c)the
equipment, fixtures and other improvements owned by Grantor and located within the easements covered
by that certain Easement Agreement of even date herewith,pursuant to which Grantee is granting to
Grantor certain easements over the Property to benefit the adjoining property retained by Grantor,which
Easement Agreement will be recorded subsequent to this Deed.
TO HAVE AND TO HOLD the Property,with the appurtenances unto Grantee,its successors
and assigns forever. And Grantor,for itself, its successors and assigns,does covenant and agree that
Grantor shall and will WARRANT AND FOREVER DEFEND the Property and appurtenances and the
title to it in the quiet and peaceable possession of Grantee, its successors and assigns,against all and every
person or persons claiming or to claim the whole or any part thereof by,through,or under Grantor,except
for the lien of taxes and assessments for the current year and all subsequent years and the matters shown
on Exhibit B attached to this Deed.
Dated: As of June 15,2005.
EASTMAN KODAK COMPANY,
a New Jersey corporation
By: �- , I
^ ':�e.-4' � l t Its: Sacre-tar 1
..M r -C CC RsosoVti(
111111111111 11111 11111 111111 11111 11111 III 11111 IIII IIII
3295099 06/1512005 02:59P Weld County, CO
2 of 6 R 31.00 D 171.20 Steve Moreno Clerk& Recorder
STATE OF NEW YORK
)ss.
COUNTY OF MONROE
The foregoing instrument was acknpwledged before me this j()_day of June,2005,by
La urence.L. iChr.k(rq ,as rtj of EASTMAN KODAK COMPANY, a New
Jersey corporation. /
Witness my hand and official seal. In /////////////////)///�
,400.41) . CK �fl``ii.Nlyy III
KATHLEEiN% bGE( c
Notary Public,State of New York
My commission expires: Qualified In Ontnrin Cy.i,ny • 12 1
Commiselon Expires 71,-.)7/aOO6 •• W " ~ p -/ •re
O j m c
'e :' Qj Off?
'41/44 ST p,1 ' ,.
•,•p•pIHInNna,
2
1111111111111111 11111111111111 11111111 11111 I I I I I I I I
3295099 06/16/2005 02:59P Weld County, CO
3 of 6 R 31.00 D 171.20 Steve Moreno Clerk& Recorder
EXHIBIT A
Legal Description
Tract 2
A TRACT OF LAND SITUATE IN SECTION 26 AND SECTION 35,TOWNSHIP 6 NORTH,
RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS A AND B, RECORDED EXEMPTION NO. 0807-26-4-RE 4064, ACCORDING TO
PLAT RECORDED JUNE 3, 2005 AT RECEPTION NO. 3921882, BEING LOCATED IN
THE S '/z OF SECTION 26, AND THE N '/x OF SECTION 35, TOWNSHIP 6 NORTH,
RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
PARCEL 2:
LOT A, RECORDED EXEMPTION NO. 0807-35-1-RE 1244, AS SHOWN ON THE PLAT
THEREOF, RECORDED MARCH 19, 1990 AT RECEPTION NO. 2208246, BEING
LOCATED IN THE N '/:OF THE NE 'A OF SECTION 35,TOWNSHIP 6 NORTH,RANGE 67
WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
PARCEL 3:
LOT B, RECORDED EXEMPTION NO. 0805-35-1-RE 475, AS SHOWN ON THE PLAT
THEREOF, RECORDED JANUARY 21, 1981, AT RECEPTION NO. 1847470, BEING
LOCATED IN THE S Yz OF THE NE 'b AND THE N '/ OF THE SE '/< OF SECTION 35,
TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE
OF COLORADO.
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EXHIBIT B
Permitted Exceptions
1. TAXES FOR THE YEAR 2005 AND SUBSEQUENT YEARS, A LIEN NOT
YET DUE AND PAYABLE.
2. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND
REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO
PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN THE
UNITED STATES PATENT RECORDED DECEMBER 16, 1886, IN BOOK 51
AT PAGE 52.
3. RIGHT OF WAY EASEMENT AS GRATED TO POUDRE VALLEY RURAL
ELECTRIC ASSOCIATION, INC. 1N INSTRUMENT RECORDED AUGUST
18, 1976,UNDER RECEPTION NO. 1696513 IN BOOK 775.
4. OIL AND GAS LEASE RECORDED DECEMBER 17, 1980 UNDER
RECEPTION NO. 1844571 IN BOOK 923 AND ANY AND ALL
ASSIGNMENTS THEREOF,OR INTEREST THEREIN.
5. TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT RECORDED
MARCH 6, 1985 AT RECEPTION NO. 20000952 IN BOOK 1060.
6. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED OCTOBER 14,
1988, UNDER RECEPTION NO. 2158648 IN BOOK 1212.
7. TERMS, CONDITIONS AND PROVISIONS OF RESERVATIONS IN DEED
RECORDED JANUARY 5, 1990 AT RECEPTION NO. 2202033 IN BOOK
1252.
8. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS,
RESERVATIONS AND NOTES ON THE PLAT RECORDED MARCH 19,
1990 AT RECEPTION NO. 2208245 IN BOOK 1258.
9. RIGHT OF WAY EASEMENT AS SET FORTH IN INSTRUMENT
RECORDED MARCH 26, 1990, UNDER RECEPTION NO. 2208856.
10. RIGHT OF WAY EASEMENT AS GRANTED FOR RAILROAD IN
INSTRUMENT RECORDED APRIL 29, 1870,IN BOOK 1 AT PAGE 540.
11. RIGHT OF WAY EASEMENT AS GRANTED FOR DITCH IN INSTRUMENT
RECORDED JANUARY 6, 1906, IN BOOK 235 AT PAGE 238.
12. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED NOVEMBER 4, 1932, IN BOOK 938 AT PAGE
595.
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13. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED NOVEMBER 4, 1932, IN BOOK 938 AT PAGE
597.
14. MATTERS AS SET FORTH IN INSTRUMENT RECORDED JANUARY 22,
1954 IN BOOK 1380 AT PAGE 358 AND MODIFIED BY JUDGMENT AND
ORDER RECORDED JANUARY 8, 1986 AT RECEPTION NO. 2038470 IN
BOOK 1098.
15. UNDIVIDED Yz INTEREST IN AND TO ALL OIL, GAS AND OTHER
MINERALS AS RESERVED IN DEED RECORDED MARCH 25, 1977,
UNDER RECEPTION NO. 1714660 IN BOOK 793, AND ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
16. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS
RESERVED IN INSTRUMENT RECORDED JANUARY 21, 1982, UNDER
RECEPTION NO. 1880688 IN BOOK 959.
17. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED JULY 6, 1989,
UNDER RECEPTION NO. 2184649.
18. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS,
RESERVATIONS AND NOTES ON THE PLAT RECORDED JULY 19, 1990
AT RECEPTION NO. 2208246 IN BOOK 1258.
19. RIGHT OF WAY EASEMENT AS GRANTED TO ASSOCIATED NATURAL
GAS INC IN INSTRUMENT RECORDED OCTOBER 6, 1994, UNDER
RECEPTION NO. 2409823 IN BOOK 1462.
20. OIL AND GAS LEASE RECORDED OCTOBER 30, 2000 UNDER
RECEPTION NO. 2803467 AND ANY AND ALL ASSIGNMENTS THEREOF,
OR INTEREST THEREIN.
21. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED DECEMBER 8, 1932 IN BOOK 940 AT PAGE
399.
22. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED
AUGUST 12, 1953 IN BOOK 1364 AT PAGE 349.
23. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY
RURAL ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED
MAY 15, 1973, UNDER RECEPTION NO. 1613253 IN BOOK 691.
24. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED JANUARY 14, 1975, UNDER RECEPTION NO
1651933 IN BOOK 730.
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25. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED JANUARY 14, 1975, UNDER RECEPTION NO
1651934 IN BOOK 730.
26. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE
COMPANY OF COLORADO IN INSTRUMENT RECORDED JULY 31, 1989,
UNDER RECEPTION NO. 2186799 IN BOOK 1239.
27. TERMS, CONDITIONS AND PROVISIONS OF R.O.W. SURVEY PLANS
RECORDED OCTOBER 9, 1990 AT RECEPTION NO. 2229626.
28. MATTERS AS SET FORTH ON SURVEY NO. 1025.0001.00 BY TST, INC.,
DATED FEBRUARY 17, 2005 AND RECORDED FEBRUARY 22, 2005 AT
RECEPTION NO. 3262508 AND AMENDMENT RECORDED MAY 11, 2005
AT RECEPTION NO. 3284988.
29. RIGHT OF WAY EASEMENT AS GRANTED TO POUDRE VALLEY
RURAL ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED
DECEMBER 5, 1973 UNDER RECEPTION NO. 1625982 IN BOOK 704.
30. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN
INSTRUMENT RECORDED NOVEMBER 4, 1932 IN BOOK 938 AT PAGE
593.
31. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS,
RESERVATIONS AND NOTES ON THE RECORDED PLAT OF
EXEMPTION NO. 0807-26-4 RE 4064 RECORDED JUNE 3, 2005 AT
RECEPTION NO. 3921882.
3382282_1.DOC
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'RODUCERS 88-PAID VP
PENG Rev.5-10.No.2(03/04)
NV
OIL AND GAS LEASE
THIS AGREEMENT,Made and entered into the 24th day of May.2005,by and between Brian L.Weber, whose mailing address is
30801 Weld County Road 23.Greeley,CO 80631,hereinafter called Lessor(whether one or more)and Petro-Canada Resources(USA)Inc.
whose address is 1099 18'h Street,Suite 400,Denver,CO 80202,hereinafter called Lessee:
WITNESSETH,That the Lessor,for and in consideration of ten and more dollars($10.00+)cash in hand paid,the receipt of which is
hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does
grant,demise,lease and let exclusively unto the said Lessee,the land hereinafter described,with the exclusive right for the purpose of mining,
exploring by geophysical and other methods,and operating for and producing therefrom oil and all gas of whatsoever nature or kind,with rights of
way and easements for laying pipelines,and erection of structures thereon to produce,save and take care of said products,all that certain tract of
land situated in the County of Weld State of Colorado,described as follows,to-wit:
Township 6 North,Range 67 West,6a P.M.
Section 35: Lot B of Recorded Exemption No.0807-35-I-RE 1244
and containing 2.45 acres,more or less,it being intended to include herein all lands and interests therein contiguous to or appurtenant to said
described lands owned or claimed by Lessor.
1. It is agreed that this lease shall remain in force for a term of threes years from this date and as long thereafter as oil or gas of
whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter
provided. If,at the expiration of the primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled
therewith but Lessee is then engaged in drilling or re-working operations thereon,then this lease shall continue in force so long as operations are
being continuously prosecuted on the leased premises or on acreage pooled therewith;and operations shall be considered to be continuously
prosecuted if not more than ninety(90)days shall elapse between the completion or abandonment of one well and the beginning of operations for
he drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease
from any cause after the primary term,this lease shall not terminate if Lessee commences additional drilling or re-working operations within ninety
(90)days from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of
such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from
the leased premises or on acreage pooled therewith.
2. This is a PAID-UP LEASE. In consideration of the down cash payment,Lessor agrees that Lessee shall not be obligated,
except as otherwise provided herein,to commence or continue any operations during the primary term. Lessee may at any time or times during or
after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for
record a release or releases,and be relieved of all obligation thereafter accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
1st. To pay Lessor,as royalty,one-sixth(1/6h)of all oil produced,saved and marketed from the leased premises,or to deliver to the
credit of Lessor,free of cost,in the pipeline to which Lessee may connect wells on said land,a one-sixth(1/6a)part of all oil produced and
saved from the leased premises.
2nd. To pay to Lessor,as royalty,one-sixth(I/6'")of the market value for gas of whatsoever nature or kind,liquid hydrocarbons and
their respective constituent elements,casinghead gas or other gaseous substances,produced from the leased premises. The term "market
value"shall be deemed to mean the net value realized at the wellhead for gas after deducting any gas used on the leased premises and any
reasonable and necessary costs to transport,compress,dehydrate,gather,process,condition or to otherwise bring the gas into a marketable
condition. It is agreed,however,that no such costs shall exceed what is reasonable and necessary to bring the gas into marketable condition.
Such costs shall be deemed to be reasonable if they are found to be approximately the same as similar costs charged or paid for gas produced
in the vicinity of the leased lands of like kind,quality and quantity.
4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners
one dollar($1.00)per year per net royalty acre retained hereunder,such payment or tender to be made on or before the anniversary date of this
lease next ensuing after the expiration of ninety(90)days from the date such well is shut in and thereafter on or before the anniversary date of this
lease during the period such well is shut in. If such payment or tender is made,it will be considered that gas is being produced within the meaning
of this lease.
5. If said Lessor owns a less interest in the above-described land than the entire and undivided fee simple estate therein,then the
royalties(including any shut-in gas royalty)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the
whole and undivided fee.
6. J nen shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except
water from the wells of Lessor.
7. When requested by Lessor,Lessee shall bury Lessee's pipeline below plow depth.
8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor.
9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land.
10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to
draw and remove casing.
11. The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest(by
assignment or otherwise)shall be binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded
instruments or documents and other information necessary to establish a complete chain of record title from Lessor,and then only with
respect to payments thereafter made. No other kind of notice,whether actual or constructive,shall be binding on Lessee. No present or
future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the
rights of Lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned,
no leasehold owner shall be liable for any act or omission of any other leasehold owner.
AMER CRANE?acoeaol�✓a,plans RCn/RN 7H ; Page I oft
P.O.Box 3098
Centennial,CO 80161-3098
111111111111 111111111111111 11 IIU111 NI 111 1111 1111
3295977 08120/2005 11:39A Weld County, CO
2 of 2 R 11.00 D 0.00 Steve Moreno Clerk 8 Recorder
12. Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or
after production,as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the
leasehold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and
gas,or separately for the production of either,when in Lessee's judgment it is necessary or advisable to do so,and irrespective of whether authority
similar to this exists with respect to such other land,lease or leases. Likewise,units previously formed to include formations not producing oil or
gas may be reformed to exclude such non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing
and filing of record a declaration of such unitization or reformation,which declaration shall describe the unit. Any unit may include land upon
which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or
reworking operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were
production,drilling or reworking operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein
specified, including shut-in gas royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such
production allocated to this lease;such allocation shall be that proportion of the unit production that the total number of surface acres covered by
this lease and included in the unit bears to the total number of surface acres in such unit.
13. All express or implied covenants of this lease shall be subject to all Federal and State Laws, Executive Orders, Rules or
Regulations,and this lease shall not be terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if
compliance is prevented by,or if such failure is the result of,any such Law,Order,Rule or Regulation.
14. Lessor hereby warrants and agrees to defend the title to the lands herein described,and agrees that the Lessee shall have the
right at any time to redeem for Lessor,by payment,any mortgages,taxes or other liens on the above-described lands,in the event of default of
"--'ment by Lessor and be subrogated to the rights of the holder thereof,and the undersigned Lessors,for themselves and their heirs,successors
assigns,hereby surrender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and
homestead may in any way affect the purposes for which this lease is made,as recited herein.
15. Should any one or more of the parties hereinabove named as Lessor fail to execute this lease,it shall nevertheless be binding
upon all such parties who do execute it as Lessor. The word"Lessor,"as used in this lease,shall mean any one or more or all of the parties who
execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF,this instrument is executed as of the date first above written.
e of n.� ydaz
Brian L.Weber
(INDIVIDUAL ACKNOWLEDGMENT)
STATE OF COLORADO §
§ ss
COUNTY OF WELD §
BEFORE ME,the undersigned,personally appeared Brian L.Weber,known to be the identical person described in and who
executed the within and foregoing instrument of writing and acknowledged to me that he duly executed the same as his free and voluntary act
and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal this/ day of ,
2005.
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My Commission E ires:
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Notary Pu,lic j 1 JOHNSON 1
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Page 2of2 CRANE
P.O.Box 3098
Centennial,CO 80161-3098 et
I Nil I['II 1111111 III 111111
2793060 09/11/2000 02:2813 JA buki Tsukamoto
1 61 2 R 10.00 D 0.00 Weld County CO
ASSIGNMENT OF OIL AND GAS LEASES
County/State: Weld County, Colorado
-7140
Assignor: Double Arrow Resources,
6880 Wyman Way
Westminster, CO 80030
Assignee: Prima Oil & Gas Company
1801 Broadway, Suite 500
Denver, CO 80202
Effective Date: December 1, 1993
KNOW ALL MEN BY THESE PRESENTS:
That Assignor, for and in consideration of the sum of Ten Dollars and other good and
valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain,
transfer, convey and forever quitclaim unto Assignee all of Assignor's right, title and interest in,
and to, and under the oil and gas leases described on Exhibit "A", (hereinafter called "Subject
Leases"), attached hereto and made a part hereof.
The Assignor hereby excepts and reserves to James E. Christiansen, individually, all
mineral, royalty and overriding royalty interests owned by James E. Christiansen, individually,
which interests had not been assigned to Prima Oil & Gas prior to the execution date hereof. The
Assignment is subject to all reservations and exceptions of record as of the execution date hereof.
It is the intent of the Assignor to convey any and all right, title, and interest of James E.
Christiansen as owner of Double Arrow Resources, in the Subject Leases.
To have and to hold the same unto Assignee, it's respective heirs, successors and assigns
forever.
In witness whereof, this instrument is executed this trek_ of„Qr ,
2000, but effective as stated hereinabove. r
DOUBLE ARROW RESOURCES
B
James E. C ri t ansen, Owner
STATE OF Pth2A..La4 O )
/� ) ss.
COUNTY OF ) �«
The foregoing instrument was acknowledged before me this Ht.. day of
..csiawrt cti) , 2000, by James E. Christiansen, as owner of Double Arrow Resources.
Witness my hand and official seal. NOTARY PUBLIC
My commission expires: 31M/ ' J Oy _'u it.t. OF /LQ
P ted Name: CE- C . C, T7—
r Address: a w in-ER -ST
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2793060 09/11/2000 02:28P JA Suki Tsukamoto
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EXHIBIT "A"
Attached hereto and made a part hereof that certain Assignment of Oil and Gas Leases,
dated effective December 1, 1993, between Double Arrow Resources, Assignor,
and Prima Oil & Gas Company, Assignee.
I. SUBJECT LEASES:
Primaleasg s, a F. L
;: Lessor Lessee Lease 'Recording
Number • Date Book Reception
.lames E. ('hr nit iunsen; Allen
13. Lamb and Lillian I. Lamb,
husband and wife; Charles
Flack; Richard L. Kochis;
John D. Demianycz; and
Steven F. Blanks and Colleen
236-00001-001 E. Blanks, husband and wife Double Arrow Resources 03/19/93 1376 2327237
Glenn Justice Mortgage
236-00001-002 Company, Inc. Nessalk Energy, Inc. 12/09/93 1417 2364881
II. SUBJECT LANDS:
ONLY INSOFAR AS THE SUBJECT LEASES COVER THE FOLLOWING DESRIBED
LANDS IN WELD COUNTY, COLORADO:
Township 6 North, Range 67 West
Section 35: S/2NE/4,N/2SE/4
Containing 160 acres, more or less
Weld County, Colorado
III. SUBJECT WELL:
WELL NAME: Christiansen 1-35
LOCATION: SE/4NE/4 Section 35, T6N-R67W
Oil I
PRODUCERS 88-PAID UP AR2364 8.51
Rev. 5.60, No. 2 — 8pt.
OIL AND GAS LEASE
AGREEMENT.Made and entered into the 9th day of December , 19 93 ,.by and between
Glenn Justice Mortgage Cargnny, Inc.
Whose post office address is 5209 Betsy lane, Parker, Texas 75002 ,hereinafter called Lessor(whether one or more)and
1615 California, Ste. 702, 00 80202
NE'SSAi]C ENFF:GY, INC. whose post office address isDenver,, hereinafter called Lessee:
WITNESSETH,That the Lessor, for and in consideration of Ten and More (510.00+) DOLLARS
cash in hand paid,the receipt of which is hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and
by these presents does grant.demise,lease and'let exclusively unto the said Lessee,the land hereinafter described,with the exclusive right for the purpose of mining,
exploring by geophysical and other methods,and operating for and producing therefrom oil and all gas of whatsoever nature or kind,with rights of way and easements
for laying pipe lines, and erection of structures thereon to produce, save and take care of said products, all that certain tract of land situated in the County of
Weld , State of Colorado
described as follows, to•wit: •
SEE EXHIBIT "A" ATTACHED TO AND MADE A PART OF
B 1417 REC 02364881 12/20/93 11 :57 $15.00 1/003
F 1611 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
and containing 40.00 acres, more or less. to epxxt�ire on midnight December 30 1996
1.It is agreed that this lease shall remain in force for a term o and as long[hereafter as oil or gas of whatsoever nature or kind is produced
from said leased premises or on acreage pooled therewith, or drilling operations arc continued as hereinafter provided. If,at the expiration of the primary term of
this lease, oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working operations
thereon,then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith:and
operations shall be considered to be continuously prosecuted if not more than ninety(90)days shall elapse between the completion or abandonment of one well and
the beginning of operations for the drilling of a subsequent well.If after discovery of oil or gas on said land or en acreage pooled therewith,the production thereof
should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re-working operations within ninety
(90)days from date of cessation of production or from date of completion of dry hole.If oil or gas shall be discovered and produced as a result of such operations
at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage
pooled therewith.
2.This is a PAID-UP LEASE.In consideration of the down cash payment.Lessor agrees that Lessee shall not be obligated,except as otherwise provided herein,
to commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all
or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing far record a release or releases,and be relieved of all obligation thereafter
accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
1st. To deliver to the credit of Lessor, free of cost, in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(t/8)part of all
oil produced and saved from the leased premises.
2nd.To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly, for the gas from each well where gas only is found,while the same
is being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(I/8).payable monthly at the prevailing market rate for gas.
3rd.To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
(118)of the proceeds, at the mouth of the well,payable monthly at the prevailing market rate.
4.Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net
royalty acre retained hereunder,such payment or tender to Sc made on or before the anniversary date of this lease next ensuing after the expiration of 90 days from
the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in.If such payment or tender is made,
it will be considered that gas is being produced within the meaning of this lease.
5.If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in
gas royalty) herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee.
6.Lessee shall have the right to use, free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor.
7.When requested by Lessor, Lessee shall bury Lessee's pipe line below plow depth.
B. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor.
9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land.
10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises. including the right to draw and remove casing.
I I.The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall
be binding on Lessee until Lessee has bccn furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary
to establish a complete chain of record title from Lessor,and then only with respect to payments thereafter shade.No other kind of notice,whether actual or construc-
tive,shall be binding on Lessee.No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obliga-
tions or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division.If all or any part of this lease is assigned,
no leasehold owner shall be liable for any act or omission of any other leasehold owner,
12. Lessee,at its option, is hereby given the right and power at any time and from time to time as a recurring right, either before or after production,as to
all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered
by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's
judgment it is necessary or advisable to do so.and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise,
units previously formed to include formations not producing oil or gas, may be reformed to exclude such non-producing formations. The forming or reforming of
any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation,which declaration shall describe the unit.
Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,
drilling or reworking operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were
production,drilling or reworking operations or a well shut in for want of a market under this lease.In lieu of the royalties elsewhere herein specified,including shut-in
gas royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease:such allocation shall
be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface
acres in such unit. In addition to the foregoing. Lessee shall have the right to unitize. pool, or combine all or any part of the above described lands as to one or
more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by
^.. any governmental authority and,from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms,
conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions,and provisions of such approved cooperative or unit plan of
development or operation and,particularly,all drilling and development requirements of this lease,express or implied,shall be satisfied by compliance with the drilling
and development requirements of such plan or agreement. and this lease shall not terminate or expire during the life of such plan or agreement. In the event that
said above described lands or any part thereof,shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production
therefrom is allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall, far the purpose of
computing the royalties to be paid hereunder to Lessor,be regarded as having bccn produced from the particular tract of land to which it is allocated and not to any
other tract of land:and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated,Lessor shall formally express Lessor's
consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request
of Lessee.
13. All express or implied covenants of this lease shall be subject to all Federal and State Laws, Executive Orders, Rules or Regulations,and this lease shall
not be terminated, in whole or in part,nor Lessee held liable in damages. for failure to comply therewith, if compliance is prevented by,or if such failure is the
result of.any such Law, Order, Rule or Regulation.
14. Lessor hereby warrants and agrees to defend the title to the lands herein described,and agrees that the Lessee shall have the right at any lime to redeem
for Lessor,by payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by Lessor and be subrogated to the
rights of the holder thereof,and the undersigned Lessors, for themselves and their heirs,successors and assigns,hereby surrender and release all right of dower and
homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made.as recited herein.
IS.Should any one or more of the parties hereinabove named as Lessor fail to execute this lease,it shall nevertheless be binding upon all such parties who do
execute it as Lessor.The word"Lessor,''as used in this lease,shall mein any one or more or all of the parties who execute this lease as Lessor.All the provisions
of this lease shall be binding on the heirs, successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF, this instrument is executed as of the date first above written.
GLENN JUSTICE MORTGAGE COMPANY, EC.
BY:
zee ustice, e Glenn Justice, Preet
Tax I-D. N0, 4411— c4 y' 767-3-
•
. ._ ... .,r.:. ...
B 1417 REC 02364881 12/20/93 11:57 $15 .00 3/003
�- F 1613 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A"
This Exhibit "A" is attached to and made a part of that certain Oil and Gas
Lease dated December 9, 1993 by and between Glenn Justice Mortgage Company,
Inc., as Lessor and Nessalk Energy, Inc., as Lessee covering the following descibed
lands:
Township 6 North, Ranee 67 West, 6th P.M.
Section 35: A tract of land situated in the East half of Section 35, Township
6 North, Range 67 West of the 6th Principal Meridian, Weld
County, Colorado, being more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section
35 as bearing South 00 degrees 33'20" East and with all bearings
contained herein relative thereto. Commencing at the Northeast
Corner of said Section 35, thence South 00 degrees 33'20" East
1319.94 feet to the Northeast Corner of the South half of the
Northeast Quarter of said Section 35, said point also being the true
point of beginning, thence South 00 degrees 33'20" East, and
along the East line of the Northeast Quarter of said Section 35,
970.00 feet,thence South 89 degrees 36'28" West 1040.00 feet,
thence South 00 degrees 33'20" East 352.00 feet, thence South
89 degrees 36'28" West, 555.00 feet, thence North 00 degrees
33'20" West 1322.00 feet to a point on the North line of the
South half of the Northeast Quarter of said Section35, thence
North 89 degrees 36'28" East 1595.00 feet to the true point of
beginning. Said tract containing 40.00 acres.
It is also agreed, that this Oil and Gas Lease will terminate in the absence of
Production, or the above described lands being spaced within a Producing Unit
eighteen (18) months from the Lease date of December 9, 1993,
Glenn Justice
Mortgage Company, Inc.
t.Att
Atte : • . :a e I . By:
ustice, ecre ary Glenn Justice, ident
•
•
..' .I 1311i1111111111111 III IIIIII IIII IIIII1I III IIIII IIII IIII
21 of R0
793060 2 1 09/11/2000 D 0.00 Weld County CO
02:28P
JA
Tsukamoto
ASSIGNMENT OF OIL AND GAS LEASES
�^^ County/State: Weld County, Colorado
ICJ
Assignor: Double Arrow Resources,
6880 Wyman Way
Westminster, CO 80030
Assignee: Prima Oil& Gas Company
1801 Broadway,Suite 500
Denver, CO 80202
Effective Date: December 1, 1993
KNOW ALL MEN BY THESE PRESENTS:
That Assignor, for and in consideration of the sum of Ten Dollars and other good and
valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain,
transfer, convey and forever quitclaim unto Assignee all of Assignor's right, title and interest in,
and to, and under the oil and gas leases described on Exhibit "A", (hereinafter called "Subject
Leases"), attached hereto and made a part hereof.
The Assignor hereby excepts and reserves to James E. Christiansen, individually, all
mineral, royalty and overriding royalty interests owned by James E. Christiansen, individually,
which interests had not been assigned to Prima Oil & Gas prior to the execution date hereof. The
Assignment is subject to all reservations and exceptions of record as of the execution date hereof.
It is the intent of the Assignor to convey any and all right, title, and interest of James E.
Christiansen as owner of Double Arrow Resources, in the Subject Leases.
To have and to hold the same unto Assignee, it's respective heirs, successors and assigns
forever.
In witness whereof, this instrument is executed this ((nit of S 0 f ndt4L)
2000,but effective as stated hereinabove. //
DOUBLE ARROW RESOURCES
B
James E. C ni t sen, Owner
STATE OF eaUhce.6 )
ss.
COUNTY OF �`t— )
The foregoing instrument was acknowledged before me this kilt. day of
SP ja.,vmjc(Jo , 2000, by James E. Christiansen, as owner of Double Arrow Resources.
Witness my hand and official seal. NOTARY PUBLIC
My commission expires: 3M3/C q 0 ..stet'
ted Name: Jf}IWCE e .
<; Address: 4-e-O w 4 to Sr• .
w. eNVEt Co e -3 /
s
-
11111111111111111 11 111111 Ilil 111111 IIIII 1111 1111
2793060 09/1112000 02:28P JA Suki Tsukamoto
2 0l 2 R 10.00 0 0.00 Weld County CO
EXHIBIT "A"
Attached hereto and made a part hereof that certain Assignment of Oil and Gas Leases,
dated effective December 1, 1993,between Double Arrow Resources, Assignor,
and Prima Oil & Gas Company,Assignee.
I. SUBJECT LEASES:
e + tT'.. � n3 7.2i ,,q) dl uy .A a.0 "7u'. 41
� h i fir., li", 1 Its.
r
`{ 5
+1 C� !
#�u...rw..1�a�w-.W31.,SCWm,.�'. .a$S�.au.M td1. !` L,"'1,S.,�t `�SMerMait 1,64 4 `w :1:"Ii�S 4.w rt tirlll� u
il
James E. Christiansen; Allen
B. Lamb and Lillian I. Lamb,
husband and wife;Charles
Flack;Richard L. Kochis;
John D. Demianycz; and
Steven F.Blanks and Colleen
236-00001-001 E. Blanks,husband and wife Double Arrow Resources 03/19/93 1376 2327237
Glenn Justice Mortgage
236-00001-002 Com.an ,Inc. MX= 12/09/93 1417 2364881
II. SUBJECT LANDS:
ONLY INSOFAR AS THE SUBJECT LEASES COVER THE FOLLOWING DESRIBED
LANDS IN WELD COUNTY. COLORADO:
Township 6 North.Range 67 West
Section 35: S/2NE/4,N/2SE/4
Containing 160 acres,more or less
Weld County, Colorado
III. SUBJECT WELL:
WELL NAME: Christiansen 1-35
LOCATION: SE/4NE/4 Section 35, T6N-R67W
No.9$OC.-xi 411OW Pohl n hens.IS rat Wt.,.tin Asclmc.Bolden.fnl,e.,dn xthul —IJ nn:'Kilns— I xu
FORM BB UN IT
e,aAR2327237 OIL AND GAS LEASE
AGREEMENT,Made and entered into this___.____ 19th —dayof March .1193 ,by and between
S.rnoc_F. £Kziatians.en; .A1.Len_3.. Laamb_ansL_L.i.11ian 1._Lamb Husband and Wife ;
f:harlpc Rlack_R.i_chant L—_1(nrhiej_jchn D Demianycz ; and Steysm F. Blanks
• and r0 Lp tn ._B Lank a.,..livab.an.d. antt_,Ji fp . ,party of the first part.hereinaftercalled leaser(whether one or more)
and DOUBLE.ARROW. RESOURCES . .. ,party of the s.cend part.' •
WITNESSETH:That the Inner for and in consideration uf ..Tea. and. .o/.11101.S.*.*.*.**.*. *******************
in hand paid,receipt of which is hereby acknowledged.of therylti herein provided.and of cothe - —Ko- — - l Dollars,
exclusively unto I for the purpose of investigating,exploring.prospecting.drilling and mining for andoil,gas,
ca.ingt, .d hereby and all'other manias
laying pipe lines, building tanka, power stations, telephone lines and other structures thereon to o gasave, take a treat,
at, t minerals
sport,
produce. save, take care of, that, eranaport,
and own said Drodueu,and housing its employees,the following described land in W p l d _County,
State OL_c-0.1.G.t44.0. ,to-wit—
Township 6 North , Range 67 West of the 6th P . M.
Section 35 : S/2NE/4 , N/2SE/4
B 1376 REC 02327237 04/01/93 14:57 $5.00 1/001
F 0420 MARY ANN FEIJERSTEIN CLERK & RECORDER WELD CO, CO _
seine ('ntnl sing 160 Ierrea.In,.re ler less,
,.,_ Ti, IIAVh:AD TI)11151.1,ill,. is Inert Lo Ib...I her yaw lawns lie rein loo tuu,rdl for a tern of *yens from thin dui.,b'a'ld eriman Iran''I uu,i us L.ng9:1
mars et as oil ur gas or nglmud gas ur eithere,r any of them.is semitone'thvrefnnn;ur as marl,longer thereafteraa the lessee.in,,.u.fatbalmli e:alect drilling
-scion*thereon and should production result frum such operations,this lease shall remain in full force and effect as lunge,oil ur gas or casinghead gas.shall be
,duced therefrom.
In consideration of the premises it is hereby mutually agreed us follows:
I.the kneeshall deliver to the credit uf the lessor as royalty,free steuxt,in the pipe line to which lessee may connect its wells,the r,lual., .** pert of all all
produced and saved from the leased premises,mr at the lessee's option may pay,to the I fur such., ** .royalty the market price.to;oil of like grade and
gravity pr vailingin the field where produced on the day such oil Is run I etc the pipe line,or Into storage Lanka.
Z.The lessee shall pay lessor,as royalty. *X untie proceeds frum the Tale of the gas.as such,for gun from wells where gee onlyie found,and where nut used
or to have srtollfpay or ift 4t .OOl Duller.per annum as royalty from each such well,and while such yalty,isso paid such well shall be hold to be a l•rude•ing well.Thule .,,r,g y gm*well on the leased premises fur stoves and inaid,lights In the principle dwelling house oh said land by maltinghi.own cunnectlonsw*15
with the well•the use et said gas to be at the lessor's note risk and expense.
O.To pay Inserter gas produced(ruin u ny oil well and used off the premises or in the manu(aetu ring of gasoline or any other prod net u royalty a: 'kk ,of the
market value at the mouth,of the well payable monthly at the prevailing market price,
3, Mo aXILSXMCOX¢WOf000tNd00a'L90x Xi%x xexaca Q})1*)C* %XIX IX rX)00O0 COX XIXdt X WoVeXoe.X,XX f2,xo6YdGp4o oihaF XX,X Kd0h74p0.k S1 eCtX 1t4(I1t xMt ti OOX O'nII'XdC06X XXxX,X*MX X X XIX beRiXeX40 X XtN x kxx XIX1X0MleuX Ka x X yax,kx wxcxix mat tex,x XIx XOa1x14X<IX•X Xd4000C a
_.._ ._ .. . .. ... Runkut
ONX ODx OCOb00X➢PxdcQ( XXtHJxlxbybxxdd 7kd0IX,X4frxdt,KItG340GXp(1'xKdOx�O4i01:i0411Xdb0fN4d4dC 1fsi Oc?c•aYtx'X xaWk9t)QXIN0g9h:dOg M•w xIW1000+
xixi eft x1xa�.xlxwzxm*Kx'xldxxx7c99 N/A
C e. l�t'xr.01.c�(hr�0 xpem *.x'yCgCx�xOeyr,i_,•_ytreljtxexxx'xabac'Iua Xx oclx•Nxlx•Xd4xw oxm
NBQIgpAm�HkXXanx Ix x•XtxxrrOfx,,,xKhcxyCkxtxtxt)o o0t7000 oeo'Xsx'x9F1KomE/yin, X@6'70� ,x Mx X.'Jl'J0'pGhxuX7l6 rittxIWx•xxlxwx,I�saNdt JtlXxO(IWw Xf 70pOd06bygJPx 00dCdgek CO i nix 0g➢gW7ODs% 'X'xWfM70xx% xxlXIXiogx0<W04x.MIXJ4xex XsX'OrX 1fiKaXOC pbXlXXxrOt�(ti404dUXYOC xlxx Cs XmlU
�"itr���da� 09ptrntxu�rvr314cx xlNxRckm'XX' g Od c 0co0 xx4arkxx mirx,orJ�W Inn ociomx,xxa•xMlxatx,x%x,x?xarx,xyc b:'• ''7R000".4XX01ltrr�xyyt0l'xkx'�ilkp 99X00TR•rr�xxt xxxaaxpp7t9a•x7e RnkxryC 'X xx 5C K. x 7l xt X4CX Yll3 .tC 'X MSC. 4e xxiX OPx'mx1 l
NOW[,lt,y4'xmo(+Xli:O s xrytrxlxuk 14x��10y�XzllXI X'yf,MOtt'P x'tat'X17t'}x�el�(�x,�1 x17y�ClgEsp4C�tyX09�ytr�t�•••x��Ipyt0,�t09[{xy}(07(1df66 itdt7tyxpd�Cp dxp Xxl xX,.DkOyx.'.yy�F�yx�D]'
rX r%OF)E 340474eW]600fd WRw000QQQI%%%u(d(Jttxr x fytixp4R+lO0UJ061•WJta'O AlOfra`ilX.•YaIXrt(tyfiaf.i4yu ,7(rXtIJ41X IX,X174]C,rIeXX•XrXI
3 t. It tannytur5prio� IIOilI , ur'gg' It#tus nd tri' '$f, a tIrunsxmxxxxklme»coerc�yexxxxlxanxxxtxtxxrypxa...1,011
all at any time prior to the.ur.neryu , to-gun on t us and and tiring[ term. this lease,'be lessee shall drill u dry hole,lessr}odes.on this lurid.Wig lease shell
not terminate,provided operations fm the drilling ofd well shall Le commenced by thy!WV.ensuing payingf guve.rprovided the lessee begin.ur reau tries the payment.(
rentals in the lnanuvr and amount above herein provided;and in this event the preceding paragraphs hereof governing the payment of rentals and the manner and effect
thereof shall runtime.in(ince.
d.If m.i.l len,m owns a lens Mistiest i n ti,. .,Ltve it es,I11L1il hind`I 1 hen the i'I I ir,,iti,,midi voted fro simple estate there'll,then the royalties and rental.herein poreidea
fur alnll 1.~paid I h.•lennnr.mly Ira Il,.•pr.p..rl nnl who'll ml le nl.v lied Me.
7.1.,•mnrr',hall l,a sp the right In use•free of r..et,gn,,ml.and water Irud nerd on nerd land fur its.,pr rub.n thereon,except water(ruin wan of leaser,When requested by lessor,lessee shall bury his pipe I1neabelow lduw depth,.
Nu well,h all be.drilled nearer than 200 feet to the house or harm now on said premises,without the written consent of the lessor.
Lesseeshall lay for damages caused by its operations togrowingcrops on Said land.
Lessee shall have the right at any time to remove all improvements,machinery,and fixtures played or erected by lessee un said premises,including the right to pull
and remove caning.
h.If the lessee shall commence to drill u well within the term of this lease ur any extension thereof,the lessee shall have the right to drill such well to roe pletion with
rearms able diligo nee and dispatrlm,and if oil or gas or sit he r of them•be found I n paying titian tit in.this lease shall continue and be in force with the like effect as If such
well had been r u in pleted within the terms of years herein first men tinned.
b.If the estate'of tither party heretu is assigned(and the privilege of assigning in whole ur In part in cap ressly al lowed I.the,mvauuu to hereof shall extend mu their
heirs,executors,adminutrutore,successors and assigns,but no change of ownership in the land or in the rentals sh
all rey,lties be binding ell the lessee until after
wtiee to t he lenage and it has been furnished with the written transfer or assignment or a certified ropy thereof,and in case lessee assigns this lease,in whole or in part.
lessee shall he relieved of all obligations with'expert to the assigned portion or portions arising so baeneen t to the date of assign ment.
10,If the lease premises shall hereafter be ow nod in severalty,ur in separate tracts,the poem men.nevertbe less,shall be ileveloped and',oersted none leas..nu,l all
royalties seer u i ng hereunder shall be treated us anentirety and shall be divided mining and peal to such sepurate owner',in the proportion that the acreage owned by
each such separate owner bears to the entire leased acreage.There shall be nu obligation on the part of the lessee le offset well,on separate tracts into which the land
covered by thin lean may be hereafter divided by sale,devise ur otherwise,or to furnish separate annuli ngur receiving tanks.It in hereby agreed that,m the event thin
In s e shall be assigned as to part or as t„parts of the above described lands,aid the holder or owner of any such t or parts shall fail nemake'default m n the payment of
.0".proportionate part of the rent due from him or them,on an acreage basis,such default shall not operate to per or affect this lease In au far as it curer.a part or
is of said lsndrupon which the said lessee or any assignee hereof shall make due payment ofsaid rentals.
It.If at any time there be as many as its parties ler mere)entitled to receive ray (ties under this lease.I usage may withhold payment thereof unless and until ail
artier dee ignated lu writing in a recordable instrument to be filed with the lessee a Trustee to receive all royalty pny ments due hereunder and to execute division and
transfer orders on behalf of said parties and their respective successors in title.
12.Lessee shell have the right to unitize,pool,ur combine all or any part of the above described lands with other lands in the name general area by entering inti-a
cooperative or unit plan of development or operation approved by any guvermnentai authority and,from time to I into,with like app rnval to modify,change or terminate
any such plan or agreement and,in such event,the terms,con ditamo,and Irowin,u ns of thin lease shall Le deemed modified to coafnnn to the ter ma,conditions,and
pray talon of sac h Approved cooperative or unit plan of development or owration and.particularly.all drilling and development requirements of this lease.c'h'ews Jr
untied.shall be satisited by compliance with the drilling and development requirements of such pltie or agreement.and this lease shall net termmste or expired u r mg the
lire of such plan ur Agreement,In the event that said above described lands or any part thereof,shall horn fun.he operated muter any such cooperative or one plan of
development or operation whereby the production therefron iv allocated to dif6'ren t portions of the land...v eed by said phut.the„the yr...luetl.n allocated t.any
land to which it is allocated and not to any ether tract of land;and the royalty payments n br made hereunder to lessor shall be based upon production only us so alley aced,
Lessor shall formally express lessor's consent to any cooperative or unit plan of development or operation adopted by lessee and approved by any'cover nmentel agency by
executing the name upon request of Inset.
W.In the interest eke nee rvation,the prntectio n of reservoir pressures and the recovery of thegreatest WO mate yield of alb gas and otheruunerals.lossre shall have
the right to combine the leased premises with other premises in the name general area for the purpose of operating and mai ntein i ng repress u ring and reeyet'as feed it ies,
and (or such purpose may locate such facilities,including input wells,upon the leased premises,and no royalties shall be payable hereunder open any gas used (or
repressuring and recycling operation*benefiting the leased premises.
Ii.Lessor hereby warrant*and agrees to defend the title to the land herein dent rind and agrees that the lessee.at its option,may pay and discharge any tune
mortgage u or other liens relating,levied.or signalled on or age inat the above described lands and,in event it exercises such option•it sla l Ise',abrogated to the rights of
any holder ur holders thereof and may reimburse itself by applying to the discharge of any sueh mortgage,tax or miler Gene any royalty or rental.accruing hereunder,
IS.All rental payments which may(endue under this lease may be made to ._...._.._ _N. A..._. .....___.__ _._.___.. .......•___..__.......
anew'the above named lessor,,in the manner herein stated.
Id.If within the primary term of this lease production on the leased premises shall tease from any cause,this lease shall not terminate provided operations for the
drilling of a well shall be commenced before or on the nest ensuing rental paying date;or,provided lessee begins or resumes the payment of rentals in the m.nnt•r and
amount herein before provided.Matter the expiration of the primary term of this lease,production on the leased premises shall cease from any cause,this lease s hall not
terminateprovided lessee resumes operations for drilling.well within sixty(60)days from such cessation,and this lease shall remain in force during the prosecution of
such operations and,ifproduetion results therefrom,then as long as production continues.
17.It is agreed that this lease shall never be forfeited or cancelled for failure to perform in whole or in part any of its implied covenants;conditions,or stipulations
until it shall have first been finally judicially determined that such failure exists,and after such final determination.I• is given a reasonable time t herefronl to
comply with any such covenant.,conditions.or stipulations,
Di.All expressed and implied covenant',of this lease shall be subject to all federsl and state laws.executive orders,rules and regalia.ms:and this!time:hall.m be
terminated,in whole or in part,nor lessee held liable in damage for failure to comply therewith if compliance in prevented by or much tenure is the revolt any seen law,
order,rule or regulations,or if such compliance is prevented by or failure is the result of inability of lessee.through nu Ault of its own,to obtain sufficient and satisfactory
material and equipment toj ustify the commencementof drilling operation or to eonti sue production of oil or gas frum the leased premises..
19.This lease and all its terms,conditions.and stipulation shall extend to and be binding on ell successors of said lessor or lessees.
20,With respect to and for the purpose of this lease lessor,and each ofthem i(there be more than One,hereby release and waive the right of homestead.
WHEREOF witness our hands as_ he yand year( [above written,
! 7
__
11111111111111111111111 111111 III ��JIlI! III 111111111 JIll
2803465 10/30/2000 03:57P JA Sukl Tsukamoto
1 of 5 R 25.00 0 0.00 Weld County CO
WELD COLNTY OI AND ,A EASE
�I (Small Tract)
(J 000
THIS AGREEMENT, made and entered into this 21st, dpy of August X19C 2 by and
between WELD COUNTY,COLORADO, a political subdivision of the Site of Colorado acting by and through
the Board of County Commissioners of the County of Weld, do Weld County Centennial Center, 915 10th
Street, Greeley, CO 80631, hereinafter called Lessor, and:
Prima Oil & Gas Company
1801 Broadway Suite 500
Denver, CO 80262
hereinafter called Lessee.
WITNESSETH, that Lessor,for and in consideration of the sum of$Ten and more dollars; .cash in
hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter
described, has granted, demised, leased and let, and by these presents does grant, demise, lease and let
exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of
mining, exploring by geophysical and other methods, and operating for and producing therefrom; oil and all
gas of whatsoever nature or kind, with rights of way and easement for laying pipe lines, and erection of
structures thereon to produce,save and take care of said products,all that certain tract of land situated in the
County of Weld, State of Colorado, described as follows, to wit
Township`North, Range,West, 6th P.M.
Section
See.Exhibit "A." attached-hereto and by this reference made a part hereof.
and containing 1.20 acres, more or less.
1. It is agreed that the lease shall remain in force for a term of three(3)years from this date and
as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on
acreage pooled therewith,or drilling operations are continued as hereinafter provided. If, at the expiration of
the primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled
therewith but Lessee is then engaged in drilling or re-working operations thereon, then this lease shall
continued in force so long as operations are being continuously prosecuted on the leased premises or on
acreage pooled therewith; and operations shall be considered to be continuously prosecuted if not more than
ninety (90) days shall elapse between the completion or abandonment of one well and the beginning of
operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage
pooled therewith, the production thereof should cease from any cause after the primary term, this lease shall
not terminate if Lessee commences additional drilling or re-working operations within ninety(90)days from
date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and
produced as a result of such operations; at or after the expiration of the primary term of this lease, this lease
shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled
therewith.
2. This is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that
Lessee shall not be obligated, except as otherwise provided herein,to commence or continue any operations
during the primary term. Lessee may at any time or times during or after the primary term surrender this lease
as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record
a release or releases, and be relieved of all obligation thereafter accruing as to the acreage surrendered.
(Revised 3/93) 1 °WOO -a/AS K:%SHELLs!FOOILGAS
1111111111111111111111Iillll1I1111111 III 111111111IIII
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3. In consideration of the premises the said Lessee covenants and agree to pay Lessor one-
eighth (1/8) of the proceeds received by Lessee, payable monthly, for the oil, gas and other hydrocarbons
produced and saved from the leased premises.
4. Where gas from a well capable of producing gas is not sold or used. Lessee may pay or
tender as royalty to Lessor One Dollar per year per net mineral acre owned by Lessor and covered by this
lease,such payment or tender to be made on or before the anniversary date of this lease next ensuing after
the expiration of 90 days from the date such well is shut in and thereafter on or before the anniversary date
of this lease during the period such well is shut in. If such payment or tender is made, it will be considered
that gas is being produced within the meaning of this lease.
5. If said Lessor owns less than the entire oil and gas fee simple estate in the above described
lands,then the.oyakieo (including any shut-in gas:...yelty) herein provided for sha l be pa.0 the said Lessor
only in the proportion which Lessor's interest bears to the entire oil and gas mineral fee simple estate.
6. Lessee shall have the right to use,free of cost or royalty,gas,oil and water produced on said
land for Lessee's operations thereon, except water from the wells of Lessor.
7. When requested by Lessor, Lessee shall bury Lessee's pipe lines below plow depth.
8. No well shall be drilled nearer than 200 feet to any occupied building on said premises without
the written consent of Lessor.
9. Lessee shall have the right at any time to remove all of Lessee's machinery and fixtures
placed on said premises, including the right to draw and remove casing.
10. The rights of Lessor and Lessee hereunder may be assigned in whole or in part. No change
in ownership of Lessor's interest(by assignment or otherwise)shall be binding on Lessee until Lessee has
been furnished with notice, consisting of certified copies of all recorded instruments or documents and other
information necessary to establish a complete chain of record title from Lessor, and then only with respect to
payment thereafter made. No other kind of notice, whether actual or constructive, shall be binding upon
Lessee. No present or future division of Lessor's ownership as to difference portions or parcels of said land
shall operate to enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be
conducted without regard to any such division. If all or any part of this lease is assigned, no leasehold owner
shall be liable for any act or omission of any other leasehold owner.
11. Lessee,at its option, is hereby given the right and power at any time and from time to time
as a recurring right, either before or after production, as to all or any part of the land described herein and as
to any one or more of the formations hereunder, to pool or unitize the leasehold estate and the mineral estate
covered by this lease with other land, lease or leases in the immediate vicinity for the production or oil and
gas, or separately for the production or either,when in Lessee's judgment it is necessary or advisable to do
so,and irrespective of whether authority similar to this exists with respect to such other land, lease or leases.
Likewise, units previously formed to include formations not producing oil or gas may be reformed to exclude
such non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee
executing and filing of record a declaration of such unitization or reformation,which declaration shall describe
the unit. Any unit may include land upon which a well has theretofore been completed or upon which
operations for drilling have theretofore been commenced. Production, drilling or reworking operations or a
well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated
as if it were production, drilling or reworking operation or a well shut in for want of a market under this lease.
In lieu of the royalties elsewhere herein specified, including shut-in gas royalties, Lessor shall receive on
production from the unit so pooled royalties only on the portion of such production allocated to this lease;such
allocation shall be that proportion of the unit production that the total number of surface acres covered by this
(Revised 3/93) 2 K:%SHELLS\FOOILOAS
MUI 11111011111 11111111111111111 11111 illl IIII
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lease and included in the unit bear to the total number of surface acres in such unit. In addition to the
foregoing, lessee shall have the right to unitize, pool or combine all or any part of the above described lands
as to one or more of the formations thereunder with other lands in the same general area by entering into a
cooperative or unit plan of development or operation approved by any governmental authority and, from time
to time, with like approval,to modify, change or terminate any such plan or agreement and, in such event, the
terms, conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions
and provisions of such approved cooperative or unit plan of development or operation and, particularly, all
drilling and development requirements of this lease, express or impled, shall be satisfied by compliance with
the drilling and development requirements of such plan or agreement, and this lease shall not terminate or
expire during the life or such plan or agreement. In the event that said above described lands or any part
thereof shall hereafter be operated under any such cooperative or unit plan of development or operation
whereby the production therefrom is allocated to different portions of the land covered by said plan, then the
production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid
hereunder to Lessor, be regarded as having been produced from the particular tract of land to which it is
allocated and not to any other tract of land; and the royalty payments to be made hereunder to Lessor shall
be based upon production only as so allocated. Lessor shall formally express Lessor's consent to any
cooperative or unit plan of development or operation adopted by Lessee and approved by any govemmental
agency by executing the same upon request of Lessee.
12. All express or implied covenants of this lease shall be subject to all Federal and State laws,
executive orders, rules or regulations, and this lease shall not be terminated,in whole or in part, nor Lessee
held liable in damages, for failure to comply therewith, if compliance is prevented by, or if such failure is the
result of, any such law,order, rule or regulation.
•
13. Lessor does not warrant title to the leased premises, but it shall, upon request, allow Lessee
access to such abstracts and other title papers as it has in its files. Lessee shall have the right at any time
to redeem for Lessor, by payment, any mortgages, taxes or other liens on the above described lands in the
event of a default of payment by Lessor, and be subrogated to the rights of the holder thereof.
14. Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions,
including the defense of such claims or actions,based upon or arising out of damage or injury, including death,
to persons or property caused by or sustained in connection with operations on this leased land or by
conditions created thereby, or based upon any violation of any statute, ordinance or regulation.
15. Upon failure or default of Lessee to comply with any of the terms and provisions hereof
including but not limited to the failure to comply with laws, rules and regulations covering Colorado oil and gas
operations, Lessor is hereby authorized upon notice and hearing,as hereinafter provided, to cancel this lease
as to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any such default
or failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post
office address of said lessee as shown by the records of Lessor,a notice or intention to cancel for such failure
or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice,
Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not
corrected with thirty(30)days after the mailing of such notice, and if Lessee does not request a hearing on
such notice within thirty (30)days, this lease will terminate and be cancelled by operation of the paragraph
without further action by Lessor, or further notice to Lessee.
16. All of the provisions of this lease shall be binding upon the heirs, personal representatives,
successors and assigns of Lessor and Lessee.
(Revised 3/93) 3 K:l5HELLSWoOILGAe
I 111111 11111 1111111 1111 111111 11111111 III 1111111111111
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17. Lessee shall not conduct operations of any kind upon the surface of the lands herein
described without the express written consent of Lessor.
IN WITNESS WHEREOF, this instrument is executed as of the date first above written.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLO DO
arbara J. irkreyer, C it (09/06/00)
ATTEST: Lid/ I n /� Gei e, Chai Pro-Tem
Weld County Clerk to the •I9rrd /� r Geor E. Ba r
I
By: /,,/ �I ..yi.. ' � Dale y. Hall
dUir
t4wt
S
G enn Vaad
LES • Prima it as pony
G. Walter Lunsford, Attorney-in-Fact
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 22nd day of AugustUZQpO
by G. Walter Lunsford .
Witness my hand and official seal. My commission expires: January 14, 2003
•
`G P , H, LP' ir
gy4 Notary Pu lic
ptOTAgy; _
_..
;u5,••,PUBLIC 9
(Rewind 3/93) 4 K:ISHELLSIFOOILGAS
•
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EXHIBIT"A"
Attached to and made a part of Oil and Gas Lease dated August 21,2000,by and between Weld County,Colorado,as Lessor,
and Prima Oil&Gas,Inc,as Lessee,to wit:
Township 6 North.Range 67 West.6n P.M.
Section 34:All that part of the NW/4SW/4 commencing at the SW corner of the NW/4 of the SW/4 of Section 34,thence 30 feet East
on the South line of the NW/4SW/4 to a point.Beginning at said point,thence North 12 degrees 59 minutes West on a line parallel to
the West line of the NW/4SW/4 for a distance of 1,129 feet,thence 155 feet,more or less,on a curve to the right with a radius of 1,707.5
feet to a point on the North line of the NW/4SW/4,said point being 30 feet East of the NW corner of the NW/4SW/4,thence East on
the North line of the NW/4SW/4 for a distance of 10 feet,thence 155 feet,more or less,on a curve to the left,with a radius of 1,697.50
feet and parallel to the above curve,thence South 12 degrees 59 minutes East on a line parallel to the West line of the NW/4SW/4 for
a distance of 1,129 feet,more or less,to a point on the South line of'the NW/4SW/4,said point being 40 feet East of the SW corner of
the NW/4SW/4,thence 10 feet West on the South line of the NW/4SW/4 to the beginning point,containing 0.30 acres,more or less,
and being more particularly described in that certain Quit Claim Deed recorded in Book 995 at Page 162.
Section 34:All that part of the SW/4SW/4 commencing at the SW corner of Section 34,thence East on the South line of said Section
for a distance of 30 feet to a point.Beginning at said point,thence North 12 degrees 59 minutes West parallel to the West line of the
-- SW/4SW/4 for a distance of 1,224 feet,more or less,to a point on the North line of the SW/4SW/4,said point being 30 feet East of the
NW corner of the SW/4SW/4,thence East on the North line of the SW/4SW/4 for a distance of 10 feet,thence South 12 degrees 59
minutes East parallel to the West line of SW/4SW/4 for a distance of 1,224 feet, more or less, to a point on the South line of the
SW/4SW/4,thence West on the South line of the SW/4SW/4 for a distance of 10 feet,more or less,to the beginning point,containing
0.30 acres,more or less,and being more particularly described in that certain Quit Claim Deed recorded in Book 995 at Page 163.
Section 34:All that part of the SW/4NW/4 commencing at die NW corner of the SW/4NW/4 of Section 34,thence 30 feet East on the
North line of the SW/4NW/4 to a point.Beginning at said point,thence South 0 degrees 09 minutes East on a line parallel to the West
line of the SW/4NW/4 for a distance of 1,061 feet,thence on a curve to the left with a radius of 1,707.5 feet for a distance of 243 feet,
more or less,to a point on the South line of the SW/4NW/4,thence East on the South line of the SW/4NW/4 for a distance of 10 feet,
thence North on a curve to the right with a radius of 1,697.5 feet,parallel to the above curve,for a distance of 243 feet,more or less,
thence North 0 degrees 09 minutes East on a line parallel to the East line of the SW/4NW/4 for a distance of 1,061 feet,more or less,
to a point on the North line of the SW/4NW/4,thence West on the North line of the SW/4NW/4 for a distance of 10 feet,more or less,
to the beginning point,containing 0.30 acres,more or less,and being more particularly described in that certain Quit Claim Deed
recorded in Book 995 at Page 165.
Section 34:All that part of the NW/4NW/4 commencing at the NW corner of Section 34,thence East 30 feet on the North line of said
section to a point.Beginning at said point,thence South 0 degrees 09 minutes West on a line parallel to the West line of Section 34 for
a distance of 1310 feet,more or less,to a point on the South line of the NW/4NW/4,said point being 30 feet East of the SW corner of
the NW/4NW/4,thence East along the South line of the NW/4NW/4 for a distance of 10 feet,thence North 0 degrees 09 minutes East
on a line parallel to the West line of the NW/4NW/4 for a distance of 1,310 feet,more or less,to a point on the North line of Section
34,said point being 40 feet East of the NW comer of Section 34,thence 10 feet West,more or less,to the beginning point,containing
0.30 acres,more or less,and being more particularly described in that certain Quit Claim Deed recorded in Book 995 at Page 166.
111111111111IIII HMI 1111111 ��� 11111 ���� 1111
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•
PRODUCERS 88-PAID UP
Rev.540,No.2(94R7)
OIL AND GAS LEASE
Y7 `11 AGREEMENT,Made and entered into the 29th day of June .200 0 ,by and between
Peggy E.Pitsenbarger and Paul M.Pitsenbarger, wife and husband
whose address is
2725 Dieriex Drive,Mountain View,CA 94040 ,hereinafter called Lessor(whether one or more)and
Prima Oil&Gas Company whose address is 1801 Broadway, Suite 500,Denver,CO 80202
hereuialter called Lessee:
W ITNESSETH,That the Lessor,for and in consideration of TEN AND MORE(S10200+) DOLLARS cash in hand paid,the receipt and sufficiency are
hereby acknowledged,and(ho covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does grant,demise,lease
and let exclusively unto the said Lessee,the land hereinafter described, with the exclusive right for the purpose of miningexploring by geophysical and other
methods,and operating for and producing therefrom oil.gas,casinghead gas,and other liquid and gaseous hhydrocarbons,and-all constituents of gas,including inert
constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under
the terms of this lease,with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of
structures thereon to produce,save and take care of said products,all that certain tract of land.together with any reversionary,remaindermen and executory rights
therein situated in
Weld County Colorado .described as follows,to-wit:
Township 6 North Range 67 West Eta P.M,
Section 34: S/2N/2,S/2S W/4, W/2SE/4 less and except those certain tracts more particularly described in Book 995 at Page
163 and Book 995 at Page 165.
•
•
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and containing 319.40 acres,more or less,together with all strips or parcels of land(not,however,to be coestryedto.inc parcels comprising r ,... t}'Ae Pam a
regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous*the Vova 4are�emtaw(7sd acclaimed by Lessor.
�
1. It is agreed that this lease shall remain in force for a term of five(5) years from this dale and as long thereafter as oil or gas of whatsoever nature or
kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the
primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working
operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled
therewith; and operations shall be considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or
abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled
therewith,the production thereof should cease from any cause after the primary term,this lease shall not terminate if Lessee commences additional drilling or re-
working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and
produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced
from the leased premises or on acreage pooled therewith.
2. This is a PAID-UP LEASE. In consideration of the down cash payment,Lessor agrees that Lessee shall not be obligated,except as otherwise provided herein,to
commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any
portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and he relieved of all obligation thereafter
accruing as to the acreage surrendered
3. In consideration of the premises the said Lessee covenants and agrees:
1st To deliver to the credit of Lessor,free of cost,in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil
produced and saved from the leased premises.
2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is
being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(I/8),payable monthly at the prevailing market rate for gas.
3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
(1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate.
4. Where gas from a well capable of producing gas is not solder used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty
acre retained hereunder,such payment or tender to be made on or before the anniversary dale of this lease next ensuing after the expiration of 180 days from the date
such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or lender is made,it will be
considered that gas is being produced within the meaning of this lease.
5. If said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas
royalty)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee.
6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor,
7. When requested by Lessor,Lessee shall bury Lessee's pipe line below plow depth.
8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor.
9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land.
"a• 10.Lessee shall have the right at any time to remove all machinery and fixturesplaced on said g}n premises,including Lessor's
es the to draw i remove casing.
II.The rights of Lessor and Lessee hereunder may be assigned in whole or pan. No e change in ownership umen s interestro (by assignment otherwise)shall be
binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary
to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or
constructive,shall he binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge
the obligations or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is
assigned.no leasehold owner shall be liable for any act or omission of any other leasehold owner.
12.Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any
part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this
lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment
it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land,lease or leases. Likewise, units
previously formed to include formations not producing oil or gas,may be reformed to exclude such non-producing formations. The forming or reforming of any unit
shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation,which declaration shall describe the unit. Any unit
may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or
re-working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production,
drilling,or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified,including shut-in gas
royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be
that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in
such unit. In addition to the foregoing,Lessee shall have the right to unitize,pool.or combine all or any part of the above described lands as to one or more of the
formations thereunder with other lands in the same general area by entenng into a cooperative or unit plan of development or operation approved by any
governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the tams,
conditions and provisions of this lease shall be deemed modified to conform to the terms,conditions,and provisions of such approved cooperative or unit plan of
development or operation and,particularly, all drilling and development requirements of this lease, express or implied,shall be satisfied by compliance with the
drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement In the event
that said above described lands or any part thereof,shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the
production therefrom is allocated to different portions of the land covered by said plan,then the production allocated to any particular tract of land shall,for the
purpose of computing the royalties to he paid hereunder to Lessor.be regarded as having been produced from the particular tract of land to which it is allocated and
not to any other tract of land;and the royalty payments to be made hereunder to Lessor shall he based upon production only as so allocated. Lessor shall formally
express Lessor's consent to any cooperative or unit plan of'development or operation adopted by Lessee and approved by any governmental agency by executing the
same upon request of Lessee,
13.All express or implied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders,Rules or Regulations,and this lease shall not be
terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any
such Law,Order,Rule or Regulation. AEI 11111111111111111111111 I I I 1111111 111111M1111111111111
11111111111111
2803474 10/30/2000 03:57P JA Suki Tsukamolo
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I4. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the rightat any time to redeem for
Lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of
the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the Lessor may be deducts from any amounts
ofmoney which may become
due the Lessor under the y payment by Lessor and aubrogated to the rights of
terms of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,
as`oil d heerrein stead in the premises described herein, y affect insofar as said right of dower and homestead may in any wa hereby surrender and release all right of
the purposes for which this lease is made,
15. Should any one or more of the parties hereinabove named as Lessor Gil to execute this Lease, it shall nevertheless he binding upon all such
parties who do
execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the
this lease shall he binding on the heirs,successors and assigns of Lessor and Lessee,
provisions of
IN WITNESS WHEREOF,this instrument is executed as of the date first above written.
tsennarger �
P I M.Pitsenbarg r
•••••••SS/Tax IDs 521-38-1730
STATE of California
ACKNOWLEDGEMENT-INDIVIDUAL
COUNTY of SCk ilia eta
BEFORE ME,the undersigned,a Notary Public,in and for said County and State,on this —1ttg-
day of
personally appeared Pe E.Pitsenbar er and Paul M. Pitsenbar er wife and husband u 200 0
identical person S ,described in and who executed the within and foregoing instrument of writing and acknowledged to me that t •to me known to c the
same as their free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein. y duly executed
IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commission la hot
Expires: 1 O3
(
Notary Public:
Address: .2 LOO E I An' Ka ec.2 WGOf
Il-&-h9. 1/#4ir.O (h1 9g0r/0
WHEN RECORDED RETURN TO:
PRIMA OIL& GAS COMPANY
1801 BROADWAY,SUITE 500
DENVER,CO 80202-3833
1111111111111111111liii111111HE111111111111IIIIIIll
2803474 10/30/2000 03:57P JA Sold Taukamoto
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PRODUCERS 88-PAID UP
Rev.560,No.2(94RT)
-i 7 3 OIL AND GAS LEASE
AGREEMENT,Made and entered into the 29th day of June ,200 0 ,by and between
A. Joyce Carter and Warren W.Carter, wife and husband
whose address is
18164 Brittany Drive SW, Seattle, WA 98166 ,hereinafter called Lessor(whether one or more)and
Prima Oil&Gas Company whose address is 1801 Broadway, Suite 500,Denver,CO 80202
hereinafter called Lessee:
WITNESSETH,That the Lessor,for and in consideration of TEN AND MORE(SIp 01 +) DOLLARS cash in hand paid,the receipt and sufficiency are
hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let.and by these presents does grant,demise,lease
and let exclusively unto the said Lessee,the land hereinafter described-with the exclusive right for the purpose of mining. exploring by geophysical and other
methods,and operating for and producing therefrom oil,gas,casinghead gas,and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert
constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under
the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of
structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary,remaindermen and executory rights
therein,situated in
Weld County Colorado ,described as follows,to-wit:
TownshiR 61Vorth Range 67 West re P.M.
Section 34: S/2N/{S/2SW/4, W/2Sk/4 less and except those certain tracts more particularly described in Book 995 at Page
163 and Book 995 at Page 165.
•
and containing 319.40 acres,more or less,together with all strips or parcels of land(not,however-to be construed to include parcels comprising a
regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor.
I. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or
kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the
primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working
operations thereon. then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled
therewith; and operations shall be considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or
abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled
therewith,the production thereof should cease from any cause after the primary Tern, this lease shall not terminate if Lessee commences additional drilling or re-
working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and
produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced
from the leased premises or on acreage pooled therewith.
2. This is a PAID-UP LEASE. In consideration of the down cash payment.I essor agrees that Lessee shall not he obligated except as otherwise provided herein.to
commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any
portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter
accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
1st. To deliver to the credit of Lessor,free of cost,in the pipe line to which Lessee may connect wells on said land the equal one-eighth(1/8)part of all oil
produced and saved from the leased premises.
2nd To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is
being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(I/8),payable monthly at the prevailing market rate for gas.
3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
(1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate.4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty
acre retained hereunder,such payment or tender to he made on or before the anniversary date of this lease next ensuing after the expiration of ISO days from the date
such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be
considered that gas is being produced within the meaning of this lease.
S. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the ro hies(including any shut-in gas
royalty)herein provided for shall be paid the lessor only in the proportion which lessor's interest bears to the whole and undivided fee.
6. Lessee shall have the right to use,free of cost gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor.
7. When requested by Lessor.Lessee shall bury Lessee's pipe line below plow depth.
8. No well shall be drilled nearer than 200 feet to the house or ham now on said premises without written consent of'Lessor.
9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land.
10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing.
1.The rights of Lessor and Lessee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be
binding on Lessee until Lessee has been famished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary
to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or
constructive,shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge
the obligations or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is
assigned,no leasehold owner shall be liable for any act or omission of any other leasehold owner.
12.Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any
part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this
lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment
it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units
previously formed to include formations not producing oil or gas,may be reformed to exclude such non-producing formations. The forming or reforming of any unit
shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation,which declaration shall describe the unit. Any unit
may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or
re-working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall he treated as if it were production.
drilling or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified,including shut-in gas
royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be
that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in
such unit. In addition to the foregoing,Lessee shall have the right to unitize,pool,or combine all or any part of the above described lands as to one or more of the
formations thereunder with other lands in the same general area by entenng into a cooperative or unit plan of development or operation approved by any
governmental authority and, from time to time,with like approval, to modify, change or terminate any such plan or agreement and in such event, the terms,
conditions and provisions of this lease shall be deemed modified to conform to the terms,conditions-and provisions of such approved cooperative or unit plan of
development or operation and,particularly,all drilling and development requirements of this lease, express or implied,shall be satisfied by compliance with the
drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement In the event
that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the
production therefrom is allocated to different portions of the land covered by said plan,then the production allocated to any particular tract of land shall, for the
purpose of computing the royalties to be paid hereunder to Lessor,be regarded as having been produced from the particular tract of land to which it is allocated and
not to any other tract of land;and the royalty payments to he made hereunder to Lessor shall be based upon production only as so allocated, Lessor shall formally
express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the
same upon request of Lessee.
13.All express or implied covenants of this(ease shall be subject to all Federal and State Laws,Executive Orders.Rules or Regulations,and this lease shall not be
terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any
such Law,Order,Rule or Regulation.
1111111 IIIII 1111111 IIII 111111 IIII IRE III 11111111E
IIII
2803473 10/30/2000 03:57P JA Sold Teukemoto
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14.Lessor hereby warrants and agrees to defend the title to the lands herein described,and agrees that the Lessee shall have the right at any time to redeem for
Lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and be subrogated to the rights of
the holder thereof,and I cssor hereby agrees that any such payments made by Lessee for the Lessor maybe deducted from any amounts of money which may become
due the Lessor under the terms of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of
dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made,
as recited herein.
15.Should any one or more of the parties hereinabove named as Lessor fail to execute this Lease. it shall nevertheless be binding upon all such parties who do
execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of
this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF,this instrument is executed as of the date first above written.
�uy l(�I//l.s-J
A. Joyce• er " Warm Carter
"not tog 537.44-9358
STATE of _W np
ashltoll ACKNOWLEDGEMENT-INDIVIDUAL
COUNTY of 44 fl I catty
BEFORE ME,the undersigned,a Notary Public.in and for said County and State,on this 6— day of �r{(� .200 0
personally appeared A. Joyce Carter and Warren W.Carter, wife and husband (�
,to me known to be the
identical person S ,described in and who executed the within and foregoing instrument of writing and acknowledged tome that t he _' duly executed
same as their free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein.
IN WITNESS WHEREOF.I have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commission / _ 1 7_D J A
Expires: r t ,� J
,...... t'it/ c4 'J..E',1��w �/,P.a-
IERES4 alt Notary Public: � //
\Q',••g1ON•' L'll Address: / 71/dt' //"'" '/�i
T. :�`�' �A'•X173 i "dectzz .> ��t7 94° '
izrO tkOTARy13o. ..s',
l •:U %'UREIC 3 i
fil &•..r.. 17.Gec.• i
tltt` OFWA-S -
WHEN RECORDED RETURN TO:
PRIMA OIL & GAS COMPANY
1801 BROADWAY,SUITE 500
DENVER, CO 80202-3833
1111111111111111111 IIII 111111 IIII 111111 III 11111 IIII IIII
2803473 10130/2000 03:57P JA Sub Teukamoto
2 of 2 R 10.00 D 0.00 Weld County CO
•
-F.0DUCERS s8-PAID UP
Rey.5-60,No-2(94RT)
OIL AND GAS LEASE
At& 7 AGREEMENT,Made and entered into the 10th day of August ,200 0 .by and between
Eastman Kodak Company,a New Jersey corporation whose address is
9952 Eastman Park Drive, Windsor,CO 80551-1514 ,hereinafter called Lessor(whether one or more)and
Prima Oil&Gas Company whose address is 1801 Broadway, Suite 500,Denver, CO 80202
lterewafter called Lessee:
WITNESSETH,That the Lessor,for and in consideration of 'E'EN AND MORE f 510.00+1 DOLLARS cash in hand paid,the receipt and sufficiency are
hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does grant,demise,lease
and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other
methods,and operating for and producing therefrom oil,gas,casinghead gas,and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert
constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under
the terms of this lease,with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of
structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary.remaindermen and executory rights
therein.situated in
Weld County Colorado ,described as follows,to-wit:
See Exhibit"A"and"Addendum"attached hereto and by this reference made a part hereof.
It is the intent of Lessor to lease all of their interest in and to all oil,gas and associated hydrocarbons under the subject
lands.
and containing 603.19 acres,more or less,together with all strips or parcels of land(not,however,to be construed to include parcels comprising a
regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor.
1. It is agreed that this lease shall remain in forte the n tnr.n of four(4) years from this date and as longthereafter as oil or gas of whatsoever nature or
kind isproduced from said leased premises, ooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the
primary erm of this lease;oil'or gas iS hdttdin`g prMlGcfdon the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working
operations thereon,th�p thta hate s�tl'halitai b4WkarltIong as operations are being continuously prosecuted on the leased premises or on acreage pooled
therewith; and operations shall be conaideapd prbeece tisuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or
abandonment of one well aid the beeidf d{itrafiilhs for the drilling of a subsequent well. If after discovery of oilor gas on said land or on acreage pooled
therewith,the production thereof should cease from any cause after the primary term,this lease shall not terminate if Lessee commences additional drilling or re-
working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and
produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced
from the leased premises or on acreage pooled therewith.
2. This is a PAID-UP LEASE. In consideration of the down cash payment,Lessor agrees that Lessee shall not be obligated,except as otherwise provided herein,to
commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any
portion of said land and as to any strata or stratum by delivering to Lessor or by tiling for record a release or releases,and be relieved of all obligation thereafter
accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
1st. To deliver to the credit of Lessor,free of cost in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil
produced and saved from the leased premises.
2nd. To pay Lessor one-eighth(I/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is
being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rale for gas.
3rd. To pay lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
(1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate.
4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty
acre retained hereunder,such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date
such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or lender is made,it will be
considered that gas is being produced within the meaning of this lease.
5. If said Lessor owns a less interest is,the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas
royalty)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest beam to the whole and undivided fee.
6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor, t,
7. When requested by Lessor.Lessee shall bury Lessee's pipe line below plow depth, -�
8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor. `I n 4 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said Ian bs/t.<e3CG ?
10.Lessee shall have the right at any time to remove all machinery and fixtures place n said premises,including the right to draw and remove casing.
11.The rights of Lessor and Lessee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall b
binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary
to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or
constructive,shall be binding on Lessee. No present or Store division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge
the obligations or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is
assigned,no leasehold owner shall be liable for any act or omission of any other leasehold owner.
12.Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any
part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this
lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment
it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise,units
previously formed to include formations not producing oil or gas,may be reformed to exclude such non-producing formations. The forming or reforming of any unit
scull be accomplished by Lessee executing and filing of reuurd a declaration of such unitization ear relrnisiimh,which declaration shall describe the umL Any unit
may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or
re-working operations or a well shut in lb,want ofa market anywhere on a unit which includes all or a past of this lease shall be treated as if it were production,
drilling,or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified,including shut-in gas
royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be
that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in
such unit. In addition to the foregoing,Lessee shall have the right to unitize,pool,or combine all or any part of the above described lands as to one or more of the
formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any
governmental authority and, from time to time, with like approval.to modify, change or terminate any such plan or agreement and, in such event, the terms,
conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions,and provisions of such approved cooperative or unit plan of
development or operation and, particularly,all drilling and development requirements of this lease,express or implied,shall be satisfied by compliance with the
drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event
that said above described lands or any part thereof. shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the
production therefrom is allocated to different portions of the land covered by said plan,then the production allocated to any particular tract of land shall, for the
purpose of computing the royalties to be paid hereunder to Lessor,be regarded as having been produced from the particular tract of land to which it is allocated and
not to any other tract of land;and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally
express lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the
same upon request of Lessee.
13.All express or implied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders,Rules or Regulations,and this lease shall not be
terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any
such Law,Order,Rule or1 Regulation.
11111 111 1111111 1111 111111 IIII 111111111!Hill IIII
2803467 10/30/2000 03:57P JA Sukl Tsukamoto
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14. Lessor hereby wan-ants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for
Lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by lessor and be subrogated to the rights of
the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the Lessor may he deducted from any amounts of money which may become
due the Lessor under the terms of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of
dower and homestead in the premises described herein.insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made,
as recited herein.
15.Should any one or more of the parties hereinabove named as Lessor fail to execute this Lease, it shall nevertheless he binding upon all such parties who do
execute it es Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of
this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF,this instrument is executed as of the date first above written.
East Kodak Co y,a Jersey corporation Attest:
frisie
�ll
--'c/Tax EDP I O Ff 1 t i c V
1 / � f
STATE of /wtN i/< ACKNOWLEIxiEMENT-CORPORATE
COUNTY of /�nrrU� -y n
BEFORE(ME,the undersigned,a Notary Public,in and for said County and State,on this � /9 day of H c l(,us y ,07,M�1�1,
personally appeared V inek 1 P Y PPe J OL/C Pi .Y H G y C to nown to be the identical person who
subscribed the name of the maker thereof to the oregomg lost ment as its C ec/P'1 Q r` and acknowledged to me that S he executed
P JJJ J
the same as"I9ytc H airee and voluntary act and deed and as the free and voluntary act and d d of such corporation by authority of its Board vibirectors,for
the uses and purposes therein set forth.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commission
Expires:
KATHLEEN A.VOGELE o r ub « J!l XD
Nn h
Notary Puhoee$retest ISM* Address
Qualified In Onto
n J Commission bitess r�; ,��0c„L
teat eleta,LKu�'ILQ. C 'J(P1Ue i&ul�Jy
1111111111111111111 IIII 111111 IIII 111111 III IIIII IIII IIII
2803467 10/30/2000 03:57P JA Sul(' Tsukamoto
2 of 4 R 20.00 D 0,00 Weld County CO
ADDENDUM
Additional paragraphs attached to and made a part of Oil and Gas Lease dated August 10, 2000,by and between Eastman Kodak
Company,a New Jersey corporation,as Lessor,and Prima Oil&Gas,Inc,as Lessee,to wit:
16. It is agreed that the words "one-eighth(1/8)" shall be changed to"fifteen per cent(15.00%)"in each place in the printed
portion of this lease where said words"one-eighth(1/8)"are used with reference to payment by Lessee of royalties on oil and
gas to Lessor.
5tr oclure5
7. Lessee grees to consult with the surface owner and/or tenant as to all routes of ingress and egress. Prior to the construction
‘014- of any roads,pipelines,tank battery installations,or installation of any other equipment on the leased premises,
Lessee shall consult with the surface owner,representatives and/or tenants as to the location and direction of same.
I S. Lessee shall have the right at any time during,or after expiration of,this Lease to remove all machinery,fixtures,houses,
buildings and other structures placed by Lessee on the premises leased by Lessee,including the right to draw and remove all
casing.Lessee agrees,upon completion of any test as a dry hole or upon abandonment of any producing well,to restore the
leased premises to its original contour as near as practicable and to remove all of Lessee's installations equipment,materials
and supplies within a reasonable time. Other damages of any kind to any part of Lessor's property caused by Lessee, its
contractors or employees,shall be repaired by Lessee within fifteen(15)days after receipt of notice from Lessor.
19. 1992 Weld County zoning ordinances for industrial I-I zoning place requirements for a special review upon oil and gas
drilling.Asa continuing condition to each of Lessee's rights under this Lease,Lessee shall at all times comply with each such
zoning requirements and any other law,regulation,rule or governmental requirement applicable to the use of the Premises.
Lessor shall not be responsible for any cost associated with such compliance,and shall be reimbursed by Lessee for reasonable
staff engineering costs incurred as a result of requests from the Lessee for plans,drawings and the attending of hearings.
20. That drilling operations shall not be permitted within 50 feet of major irrigation ditches,nor within 100 feet of Kodak paved
roads.should Kodak paved roads suffer damage due to passage thereover of drilling rigs or other of Lessee's equipment or
vehicles,Lessee will have such paved roads repaired to Lessor's satisfaction.
21. That on the"Leased Premises"of that certain Lease Agreement by and between Eastman Kodak Company,as Lessor,and the
State of Colorado acting by and through the Department of Natural Resources for the use and benefit of the Division of Wildlife
and Wildlife Commission(the"State"),as Lessee,as to a part of the W/2 of Section 34-Township 6 North,Range 67 West,
Lessee's drilling operations shall not be conducted within 200 feet of trails established by the State for the"Watchable
Wildlife"area,and no drilling by Lessee shall be conducted anywhere on the premises leased by the State thereunder without
the prior written consent of the State,acting through its Wildlife Manager.
This lease and Addendum, and all its terms, conditions and stipulations shall extend to and he binding upon all of the heirs,
administrators,executors,trustees,successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF,we sign the day and year first above written.
SIGNED FOR IDENTIFICATION:
Eastman Kodak Company,a New Jersey corporation
By •
l
1111111 IIUI IIIIIII IIII IIIIII 11111111111 1111IIII IIII
3 2803467
R120 00000 D 0.00 Sukl kamoto
Yield CountyC0
Exhibit"A"
Attached to and made a part of that certain Oil & Gas Lease dated August 10, 2000 by and between the
Eastman Kodak Company, a New Jersey corporation, as Lessor and Prima Oil & Gas Company, as Lessee, to
wit:
Township 6 North. Range 67 West. 6th P.M.
Section 34: N/2 less Weld County road more particularly described in Book 995 at Page 165 and
Book 995 at Page 166, and, all that part of the S/2 less and except those certain parcels
of land more particularly described in Book 625 at Reception No. 1547170, dated May
1, 1970, Book 602 at Reception No. 1524120, dated November 20, 1968, and Book
1396 at Reception No. 2346661, dated March 22, 1990, and less Weld County road
more particularly described in Book 995 at Page 162 and Book 995 at Page 163
Section 35: Lot"A" of that certain Recorded Exemption 0807-35-1-Re 1244 in the N/2NE/4
I Milli IIIIIIIIIIII IIII IIIIIIIiII 111111 111 illll llli 1111
2803467 10/30/2000 03:57P JA Sukl Taukamoto
4 of 4 R 20.00 D 0.00 Weld County CO
111111111111 IIIII 11111111111111111111111ll 1111111111111
082 3366082 02/28/2006 09:57A Weld County, CO
1 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
AMENDMENT TO OIL AND GAS LEASE
THIS AMENDMENT TO OIL AND GAS LEASE ("Amendment")is entered into as of
this el day of February, 2006,by and between Petro-Canada Resources(USA) Inc., successor
by merger to Prima Oil & Gas Company,with offices at 1099 18th Street, Suite 400, Denver,
Colorado 80202("Petro-Canada"), Great Western Oil and Gas Company, LLC, successor in
interest to Eastman Kodak Company("Lessor"), whose address is 252 Clayton Street, Fourth
Floor, Denver, Colorado 80206, and Broe Land Acquisitions II, LLC ("Brow"), whose address is
252 Clayton Street, Fourth Floor, Denver, Colorado 80206, hereinafter individually"Party" or
collectively"Parties."
WHEREAS,Lessor is the current mineral interest owner and Petro-Canada is the current
lessee pursuant to a certain Oil and Gas Lease dated August 10, 2000,recorded October 30, 2000
in the Weld County records at reception number 2803467 (the"Lease");
WHEREAS, the Lease covers certain lands in Township 6 North, Range 67 West, 6th
P.M., Section 35, and other lands, as stated with particularity in Exhibit A thereto (the"Leased
Premises");
WHEREAS, Lessor is the current owner of an tinleased mineral interest in certain lands
located in Township 6 North, Range 67 West, 6th P.M.,namely Section 35: N/2NW/4;
WHEREAS,Lessor wishes to ratify the above-described Lease, and Lessor and Petro-
Canada desire to alter and amend the Lease with respect to the description of the Leased
Premises and the rights to certain wellbores located thereon; and
WHEREAS, Broe is the owner of one hundred percent(100%)of the surface estate in the
Released Acreage, as that term is defined below, in addition to 100%of the surface estate in
parts of the S/2NE/4 of Section 35,Township 6 North, Range 67 West, and Broe desires to
execute this Amendment for the purpose of acknowledging Petro-Canada's rights to use of
portions of the surface of the S/2NE/4 of Section 35, as reasonably necessary for Petro-Canada to
develop the Lease, as amended herein.
NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged by the Parties, and in consideration of the mutual benefits,
promises and covenants hereinafter set forth,the Parties hereby agree as follows:
1. Lessor hereby adopts,ratifies and confirms the Lease,as amended herein, in all of
its terms and provisions, and hereby grants, leases and lets all of Lessor's interest in the Leased
Premises, as amended herein, to lessee on the same terms and conditions as contained in the
Lease.
2. The description of the lands constituting the Leased Premises, as contained in
Exhibit A to the Lease, is hereby amended as follows:
•
56110
11111111111111111 1111111II 111111111111111111111111
3366082 02/2812006 09:57A Weld County, Co
2 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder
Township 6 North,Range 67 West,6th P.M.
Section 34: Unchanged;description is as stated in Exhibit A to the Lease
Section 35: Lot"A"of that certain Recorded Exemption 0807-35-1-Re 1244 in the N/2NE/4
("Released Acreage")is hereby released and deleted from the Leased Premises, except that
Petro-Canada retains all of its leasehold rights in the Released Acreage insofar and only insofar
•
as such rights,title and interests in the Released Acreage are necessary to drill,complete,
operate,produce,own,or market oil, gas and all other leased substances from any oil and/or gas
wellbore("NE/4 Fifth Spot Wellbore")which may be drilled and have its bottom-hole location
in the legal drilling window established by the Colorado Oil &Gas Conservation Commission
("Drilling Window") and constituted as a square with sides eight hundred (800) feet in length,
the center of which is the center of the NE/4 of Section 35,T6N, R67W.
Furthermore, the following lands in Section 35,TON, R67W are hereby added to the Leased
Premises: N/2NW/4, except that Lessor retains all of its rights, title and interests in the N/2NW/4
of the subject Section 35 insofar and only insofar as such rights,title and interests are necessary
to drill, complete,operate, produce,own, or market oil, gas and all other leased substances from
any oil and/or gas wellbore("NW/4 Fifth Spot Wellbore")which may be drilled and have its
bottom-hole location in the Drilling Window constituted as a square with sides eight hundred
(800) feet in length, the center of which is the center of the NW/4 of Section 35,T6N, R67W.
Any operations related to the Fifth Spot Wellbore shall be conducted in accordance with the
Surface Damage Agreement between Eastman Kodak Company and Lessor dated November 15,
2005.
3. It is the intent of Lessor and Petro-Canada that the Lease be amended to delete the
Released Acreage,including a release of all rights to use the surface of the Released Acreage,
except for Petro-Canada's retention of all of its rights in and to the NE/4 Fifth Spot Wellbore as
discussed in Paragraph 2 above; and that the N/2NW/4 of the subject Section 35 be added to the
Leased Premises, except that Lessor retains all of its rights in and to the NW/4 Fifth Spot
Wellbore. •
4. Lessor agrees that any oil or gas well drilled by Lesser or its lessee, farmee or
other agent on the Released Acreage shall have its bottomhole location north of the southernmost
boundary of the Drilling Windows in the NE/4NE/4 and NW/4NE/4 of the subject Section 35;
and Petro-Canada agrees that the bottomhole location of the NE/4 Fifth Spot Wellbore shall be in
the south half of the quarter section center Drilling Window.
5. Lessor and Petro-Canada declare, warrant and represent that they have the
authority to enter into this Amendment on behalf of their respective principals, if any, and that
they are the successors-in-interest to the original signatories to the Lease.
6. Broe declares, warrants and represents that it has the authority to enter into this
Amendment on behalf of its respective principal,if any, and that it is executing this Amendment
for the sole purpose of acknowledging Petro-Canada's rights to use the surface of portions of the
S/2NE/4 of the subject Section 35,as reasonably necessary to develop and operate the NE/4 Fifth
2
• r
• 111111111111 IIIII 1111111 III 111111111111 III IIIII 1111 IIII
3366082 02/28/2006 09:57A Weld County, CO
3 of 4 li 21.00 D 0.00 Steve Moreno Clerk& Recorder
Spot Wellbore, pursuant to the terms of a Settlement Agreement, Release and Surface Use
Agreement of even date.
7. This Amendment shall be construed and interpreted in accordance with the laws
of the State of Colorado.
8. This Amendment is a covenant running with the lands and shall be binding on the
successors and assigns of the Parties.
9. This Amendment is intended to alter and amend the Lease,and read and
interpreted in conjunction with the Lease constitutes the entire understanding of the Parties;
provided, however, except as specifically amended herein,the Lease, and all of its terms and
provisions,remains unchanged and in full force and effect.
BROE LAND
ACQUISITIONS II,LLC PETRO-CANADA RESOURCES (USA) INC.
' itfL�.
By: -- By
ward McLaughlin
Date: 2 �,D - db Date: 02-14-06
GREAT WESTERN OIL AND
GAS COMPANY, LLC
BY:—��? H!Y ��—/
Date: O2 —
STATE OF C -2'
s s
1-0-1/,,u�A-J COUNTY )
The fore , ing instrument was acknowledged before me this Li_day of 414 , 2006,
by �r t,.. , as of Broe Land
Acquisitions II, LLC.
Witness my hand and official seal.
YCK •
CKF ):..... ....
Notary P i i NOTARY
p
My commission expires: ilglid-e" _ .PUBLIC ,'
Qom .
My C MINI n EMse Sept.2,2009
3
• I �110NIH0011111111III0111 �11111III0111it1111
3366082 02/28/2006 09:57A Weld County, CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
STATE OF COLORADO )
)ss
CITY AND COUNTY OF DENVER)
The foregoing instrument was acknowledged before me thisi_4thday of Feb. , 2006,
by _ Edward L. McLaughlin , as Vice 'resident
of Petro-Canada Resources(USA) Inc.
i ii(fLlssmy hand and official seal. • r
. Notary ublic
Kathleen R. Vigil
• F UF'V Q 1099 18th St. , Ste. 400
P •., My,4mission expires: 09-06-09 Denver, CO 80202-1904
STATE OF COLORADO
)ss
CITY AND COUNTY OF DENVER)
The forego' g instrument was acknowledged before me this L L day of -4,4 , 2006,
by _ Vitt 1 d4.t:.art , as
of Grew:Western Oil and Gas Company, LLC.
'Witness my hand and official seal.
Notary Public ? f\ OTARk`;
i
My commission expires: Cl f 2 f X 0(1 _ `•ry puaLtc
Ally Co mwom Expm Sept.2,200e
4
PECORDER'S MEMORANDUM
` THIS °O CT WAS FOUND
Illlll lllll IIII 111111 IIIIII VIII VIII III lilli Illl I'll T0fti Pu;Ia O ES.
3118570 10120/2003 02:09P Weld County, CO
1 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder
670
SPECIAL WARRANTY DEED
Auther Laufer,(Grantor)whose address is P.O.Box 974 Havre,Montana 59501-0974,County of
M , L L State of Montana,for and in consideration of the sum of Tat Dollars
(510.00),and other good
and valuable considerations,in hand paid,the receipt of which is hereby acknowledged,does
hereby grant,sell,convey,assign and deliver unto Prima Oil&Gas Company(Grantee)a
Colorado Corporation,whose principal office is at 1099 18"Street,Denver Colorado,80202 all
of Grantors oil,gas,and calla minerals in and undo,and that may be produced from the
following described lend situated in Weld County,State of Colorado to-wit:
i S W t/4,Section 34,Torrnshlp 6 North,Range 67 West of the 6w P.M.
Together with the right of ingress and egress at all times for the purpose of mining,drilling,and
exploring said land for oil and gas and other minerals and removing the same therefrom.To have
and to hold the above described property,together with all and singular the rights and
appurtenances in anywise belonging unto said Grata.Orator SW warrants the title to the
mineral interest conveyed
/I herein against every person claiming title under him but not otherwise,
Witness my had this /4- day of October 2003
A
J
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err Laafar
£0 'd faISIO£b£D£ '110 N11ddtlW Wd £9: L1 £0-it-100
kit )201%II'I'I1II�I'II'I'I1'1'I"I,II�II'II'1'It
' l �p 0 0�0�8t ve Morono Clerk 8
2 of 2 R 11.OU
State Of Montana i
County of —
Tlw for aoiniinstrament wMaoknowledaed befortmttl is WWI day of October 2003 ky
Arthur Laufer whose address is P.Q.11o;174 Havre Mogml
wrrr IES s my hand and official sal
Mystion expir ,I�
N61itry Pub?:• S '. t ER F D " RI
tV •
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bird GISI0£b£0£ 1IO NT1d W Wd bQ: LI £O-hI-10O
•
• • G1k0
PR0JDOu sw aa•PAID UP
Rev.5-60.No.2(94RT)
OIL AND GAS LEASE
AGREEMENT,Made and entered into the 20th day of October ,200 0 ,by and between
Arthur Leroy Laufer,also known as Arthur L.Laufer,and Cheryl Laufer,husband and wife whose address is
P.O. Box 974,Havre,MT 59501 ,hereinafter called Lessor(whether one or more)and
Prima Oil&Gas Company whose address is 1801 Broadway, Suite 500,Denver,CO 80202
hereinafter called Lessee:
WITNESSETH,That the lessor,for and in consideration of TEN AND MORE($10.00*) DOLLARS cash in hand paid,the receipt and sufficiency are
hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does grant,demise,lease
and let exclusively unto the said Lessee,the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other
methods,and operating for and producing therefrom oil,gas,casinghead gas-and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert
constituents such as.but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under
the terms of this lease,with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of
structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary,remsmdermen and executory rights
therein,situated in
Weld County Colorado ,described as follows,to-wit:
Township 6 North, Ranee 67 West. 6th P.M.
Section 34: N'/SW'/e, excepting therefrom all that part lying West of the public road in the NW'/.SW'/.,
containing 3.00 acres, more or less, and, a tract of land in the N1/2SW1/4, containing 0.30 acres, more or
less, more particularly described in Book 995 at Page 162
111111111111111111111111 I I 1111111111111 I I 1111111/ III I
2808976 11/27/2000 11:25A JA Sukl Tsukamoto
1 of 2 R 10.00 D 0.00 Weld County CO
and containing 7670 acres,more or less,together with all strips or parcels of land(not,however,to be construed to include parcels comprising a
regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor.
1. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoeverxNra or
kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at this e)adraltpp of the
primary term of this lease,oil or gas is not being produced on the leased premises or an acreage pooled therewith but Lessee is then engaged in driltingccrte-working
operations thereon,then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on'itreey►pooled
therewith; and operations shall be considered to be continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the'completion or
abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled
therewith,the production thereof should cease from any cause after the primary term,this lease shall not terminate if Lessee commences additional dillmg or re-
working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and
produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced
from the leased premises or on acreage pooled therewith.
2. This is a PAID-LIP LEASE. In consideration of the down cash payment,Lessor agrees that Lessee shall not be obligated,except as otherwise provided herein,to
commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any
portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases.and he relieved of all obligation thereafter
accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
1st. To deliver to the credit of Lessor,free of cost, in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil
produced and saved from the leased premises.
2nd. To pay Lessor one-eighth(1/8)of the grass proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is
being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(I/8),payable monthly at the prevailing market rate for gas.
3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
(1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate.
4. Where gas from a well capable of producing gas is not sold or used.Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty
acre retained hereunder,such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date
such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made.it will be
considered that gas is being produced within the meaning of this lease.
5. If said Lessor owns a less interest in the above descnbed land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas
royalty)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee.
6. Lessee shall have the right to use,free of cost,gas.oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor.
7. When requested by Lessor,Lessee shall bury Lessee's pipe line below plow depth.
8. No well shall be drilled nearer than 200 feet to the house or barn now nn said premises without written consent of Lessor.
.� 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on mid land.
10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing.
II.The rights of Lessor and Lessee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be
binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary
to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or
constructive,shall be binding on Lessee. No present or fiiture division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge
the obligations or diminish the rights of lessee,and all Lessee's operations may he conducted without regard to any such division. If all or any part of this lease is
assigned,no leasehold owner shall be liable for any act or omission of any other leasehold owner.
12.Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any
part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this
lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment
it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units
previously formed to include formations not producing oil or gas,may be reformed to exclude such non-producing formations. The forming or reforming of any unit
shall he accomplished by Lessee executing and filing of record a declaration of such unitization or reformation,which declaration shall describe the unit. Any unit
may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production.drilling or
re-working operaliccc cr a well shut in for want at',market.anywhere on a unit which includes all or a pert of this lease shall be treated as if it were production.
drilling.or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified,including shut-in gas
royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be
that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit beam to the total number of surface acres in
such unit. In addition to the foregoing.Lessee shall have the right to unitize.pool,or combine all or any part of the above described lands as to one or more of the
formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any
governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terns,
conditions and provisions of this lease shall he deemed modified to conform to the terms, conditions,and provisions of such approved cooperative or unit plan of
development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the
drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event
that said above described lands or any rt thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the
production therefrom is allocated to different portions of the land covered by said plan,then the production allocated to any particular tract of land shall,for the
purpose of computing the royalties to he paid hereunder to Lessor,he regarded as having been produced from the particular tract of land to which it is allocated and
not to any other tract of land;and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally
express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the
same upon request of Lessee.
13.All express or implied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders,Rules or Regulations,and this lease shall not be
terminated,in whole or in part,not Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result oL any
such Law.Order,Rule or Regulation.
14. Lessor hereby warrants and agrees to defend the title to the lands herein desciihed.and agrees that the Lessee shall have the right at any time to redeem for
Lessor,by payment,any mortgages,taxes or other liens on the above described lands.in the event of default of payment by Lessor and be subrogated to the rights of
the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the Lessor may he deducted from any amounts of money which may become
due the Lessor under the terms of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of
dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made,
as recited herein.
15.Should any one or more of the parties hreimtbeve named as Lessor fail to execute this Lease, it shall nevertheless be binding upon all such parties who do
execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of
this lean shall be binding on the heirs,successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF,this instrument is executed as of the date first above written.
1
Arthur au er,als-ii r Arthu Laufer Cheryl Laufer
SS/Tax II 3 q7. - 7&
> 61--7 1
STATE of ill 0?Li 4/t's-0.-' ACKNOWLEDGEMENT-INDIVIDUAL
WA
COUNTY of IX,
BEFORE ME,the undersigned,a Notary Public.in and for slid County and State,on this /34.-
3 day of �w NfL�.(�i/ t ,200 0
personally appeared Arthur Leroy Laufer.also known as Arthur L. Laufer,and Cheryl Laufer,husband and wife
,to me known to be the
identical person S ,described in and who executed the within and foregoing instrument of writing and acknowledged tome that t he y duly executed
Mlle as their free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commissiono: Al J I�j- y-I /{ � 4
Expires:
l../
ld'ecir
Notary Public: rrlr
NOTARY PUBLIC for the State of Montane Address: ' �If
F �. fSbrU7t n4)ant10ry ♦-wee,
Residing at Havre,Montana Qe(typtfylT . .t. 4 1.,..... Ito
My Commission Expires 2-15 2004It i 4
�k�l � • sera
1 IN 11111 1111111 11111 11111111 111111 III 11111 11111111 �` v'` � ` °r
2808976 11/27/2000 11:25A JA Suki Tsukamoto
2 of 2 R 10,00 D 0.00 Weld County CO
WHEN RECORDED RETURN TO:
PRIMA OIL & GAS COMPANY
1801 BROADWAY,SUITE 500
DENVER, CO 80202-3833
Co
saws
•
•
PRODUCERS ee-PAID tiP
Ana—, Rev.5-60,No.2(94RT)
/,5 • 'OIL AND GAS LEASE
t/ " 3 AGREEMENT.Made and entered into the 20th day of October ,200 0 ,by and between
Daniel Bruce Laufer,also known as Daniel B. Laufer,and Glenda J. Laufer, husband and wife whose address is
4250 West 5740 South,Kearns,UT 84118-5133 ,hereinafter called Lessor(whether one or more)and
Prima Oil&Gas Company whose address is 11101 Broadway, Suite 500,Denver,CO 80202
hereinafter called Lessee:
WITNESSETH,That the Lessor,for end in consideration of TEN AND MORE($10.00+) DOLLARS cash in hand paid.the receipt and sufficiency are
hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does grant,demise,lease
and let exclusively unto the said Lessee,the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other
methods,and operating for and producing therefrom oil,gas.casinghead gas,and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert
constituents such as,but not limited to.helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under
the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of
structures
lr in thereon
to produce,save and take care of said products,all that certain tract of land,together with any reversionary,remaindermen and executory rights
therein,
Weld County Colorado ,described as follows,to-wit:
Township 6 North, Ranae 67 West, 61h P.M.
Section 34: N1/2SW'/e, excepting therefrom all that part lying West of the public road in the NW'/SW'/,
containing 3.00 acres, more or less, and, a tract of land In the N'/2SW'/4, containing 0.30 acres, more or
less, more particularly described in Book 995 at Page 162
IN N ill 1111111111111111111111111111111111111111111
2815653 12/2712000 01:52P JA Sukl 7aukamoto
1 of 2 R 10.00 D 0.00 Weld County CO
and containing 76,70 acres,more or less,together with all strips or parcels of land(dot,however;tdTe eon:S.4 ff to lndIDpe p(eyets'nomprisinga
regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor.
1. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or
kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the
primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is than engaged in drilling or re-working
operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased promisee or on acreage pooled
therewith; and operations shall be considered to he continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or
abandonment of one well and the beginning of operations for the drilling of a suhsequent well. If after discovery of oil or gas on said land or on acreage pooled
therewith,the production thereof should cease from any cause after the primary term,this lease shall not terminate if Lessee commences additional drilling or re-
working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and
produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced
from the leased premises or on acreage pooled therewith.
2. This is a PAID-UP LEASE, In consideration of the down cash payment,Lessor agrees that Lessee shall not he obligated.except as otherwise provided herein,to
commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any
portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter
accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
1st. To deliver to the credit of Lessor,tree of cost,in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil
produced and saved from the leased premises.
2nd. To pay
premises,Lessorone-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is
being used off theand if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas.
3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
(1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate.
4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty
acre retained hereunder,such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date
such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be
considered that gas is being produced within the meaning of this lease.
5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein then the royalties(including any shut-in gas
royalty)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest hears to the whole and undivided fee.
6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor.
7. When requested by Lessor,Lessee shall bury Lessee's pipe line below plow depth.
8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor.
9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land.
10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing.
1 L The rights of Lessor and Lessee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be
binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary
to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or
constructive.shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge
the obligations or diminish the rights of Lessee,and all Lessee's operations may he conducted without regard to any such division. If all or any part of this lease is
assigned,no leasehold owner shall be liable for any act or omission of any other leasehold owner.
12.Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any
Part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this
ease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment
it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units
previously formed to include formations not producing oil or gas.may be reformed to exclude such non-producing formations. The forming or reforming of any unit
shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation which declaration shall describe the unit. Any unit
may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or
re-working operation,or a well shut in for want of a market anywhere on a unit which includes nll or n part of ibis lease shall hetreated as if it were.production
drilling,or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified,including shtir-m gas
royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be
that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in
such unit. In addition to the foregoing,lessee shall have the right to unitize,pool,or combine all or any part of the above described lands as to one or more of the
formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any
governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terns,
conditions and provisions of this lease shall be deemed modified to conform to the terms,conditions,and provisions of such approved cooperative or unit plan of
development or operation and, particularly, all drilling and development requirements of this lease,express or implied, shall be satisfied by compliance with the
drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement, In the event
that said above described lands or any art thereof.shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the
production therefrom is allocated to different portions of the land covered by said plan,then the production allocated to any particular tract of land shall,for the
purpose of computing the royalties to he paid hereunder to Lessor,be regarded as having been produced from the particular tract of land to which it is allocated and
not to any other tract of land;and the royalty payments to be made hereunder to Lessor shall he based upon production only as so allocated Lessor shall formally
express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the
same upon request of Lessee.
13.MI express or implied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders,Rules or Regulations,and this lease shall not be
terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any
such Law,Order,Role or Regulation.
14. Lessor hereby warrants and agrees to defend the title to the lands herein described.and agrees that the Lessee shall have the right at any time to redeem for
lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and be subrogated to the rights of
the holder thereof,and Lessor hereby agroas that any such payments made by Lessee for the Lessor may he deducted from any amounts of money which may become
due the Lessor under the terms ofthis lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of
dower and homestead in the premises described herein,insofar as said right of dower nod homestead may in any way affect the purposes for which this lease is made,
as recited herein.
15.Should any one or more of the panics hereinabove named as Lessor Oil to execute this Lease, it shall nevertheless be binding upon all such parries who do
execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of
this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF,this instmment is executed as of the date first above written.
, „Set% 22,4646.1/2
Daniel race t of r,also known Daniel B. Laufer Glenda J.Laufer
�„�SSl1'ax ID* S^ vi p_ 26/2
STATE of -Q``. ACKNOWLEDGEMENT-INDIVIDUAL
COUNTY of
BEFORE ME,the undersigned.a Notary Public,in and for said County and State,on this )'' day of d Xa.Q -rr,�3U_ .200 0
personally appeared Daniel Bruce Laufer.also known as Daniel B.Laufer,and Glenda J. Laufer,husband and wife
,to me known to be the
identical person S ,described in and who executed the within and thregoing instrument of writing and acknowledged to me that t he ,, duly executed
same as their free and voluntary act and deed for the uses and purposes therein set bath and in the capacity stated therein.
IN WITNESS WHEREOF.I have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commission
-Qa-act
\---L �.A fl 1, - 0-41..4Qi r YZ
I Notary blic:
I IIIIII IIIII IIIIIII IIIII IIIII III IIIIIII III"III IIII IIII Aaare a. a r^ee' NOTARY PUBLIC
JULIA K. PEHRSON
2815853 12/27/2000 01:62P JASukiTsukamoto ;. aes East 3705South
4100
2 of 2 R 10.00 0 0.00 Weld County CO t) i salt Lake mils,on Expires•
t' . '♦' W January Ol
January 22.4001
STATE OF UTAH
WHEN RECORDED RETURN TO:
PRIMA OIL & GAS COMPANY
1099 18TH STREET, SUITE 400
DENVER, CO 80202
9--
U
t-PAID UP
,.�. 9 ,, (9aRT)
OIL AND GAS LEASE
AGREEMENT,Made and entered into the 20th day of October .200
Q ,by and between
Edna L. Goddard,also known as Edna Lorraine Suppes,Edna Lorraine Czereda and Edna Lorraine Laufer,and whose address is
Edward Goddard,her husband
511 S. Francis Street,Plcher,OK 74360 ,hereinafter called Lessor(whether one or more)and
Prima Oil &Gas Company whose address is 1801 Broadway, Suite 500,Denver,CO 80202
hereinafter called Lessee:
WITNESSETH,That the Lessor,for and in consideration of TEN AND MORE($10.00 +) DOLLARS cash in hand paid,the receipt and sufficiency are
hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does grant,demise,lease
and let exclusively unto the said Lessee,the land hereinafter described, with the exclusive right for the purpose of mining, a exploring by methods,and operating for and producing therefrom oil,gas,casinghead gas,and other liquid and xp gt geophysical and other
orq gaseous filar,that
hydrocarbons,and alr e o of gas, lincluding inert
conthe terms s such as-but not limited to,helium,and all other minerals ne n, servicing
similar or disoher , may he produced from aid any well drilled under
the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of
structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary,remaindermen and executory rights
therein,situated in
Weld County Colorado ,described as follows,to-wit:
Township 6 North,Ranee 67 West, 6th P.M.
Section 34: N%2SW'/a, excepting therefrom all that part lying West of the public road in the NW'/SW'/a,
containing 3.00 acres, more or less, and, a tract of land in the N'/SW'/a, containing 0.30 acres, more or
less, more particularly described in Book 995 at Page 162
I111111 III 111111111111 III 111111 MID III 11111111111
2808975 11/27/2000 11:25A JA Sukl Tiukamoto
1 of 2 R 10.00 D 0.00 Weld County CO
and containing 76.70 acres,more or less,together with all strips or parcels of land(not,however,to be construed to include parcels comprising a
regular 40-acre legal subdivision orlot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor.
I. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or
kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the
primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working
op
erations thereon,then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled
abandonment therewith;
rewi ; and of one operations
ell shall ahot the beginningn ed to e continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or
operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled
therewith,the production thereof should cease from any cause after the primary term,this lease shall not terminate if Lessee commences additional drilling or re-
working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and
produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced
from the leased premises or on acreage pooled therewith.
2. This is a PAID-UP LEASE. In consideration of the down cash payment.Lessor agrees that Lessee shall not be obligated,except as otherwise provided herein,to
commence or continue any operations during the primary toms. Lessee may at any i me or toners during or alter the primary term surrender this(case as to all or any
portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter
accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
let. To deliver to the credit of Lessor,free of cost,in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil
produced and saved a from the leased premises.
2being used d. To offoffp the y Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where pas only is found,while the same is
premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas.
3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
(1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate.
4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty
acre retained hereunder,such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date
such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be
considered that gas is being produced within the meaning of this lease.
5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas
royalty)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee.
6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor.
7. When requested by Lessor,Lessee shall bury Lessee's pipe line below plow depth.
8. No well shall be drilled nearer than 200 feet to the house or ham now on said premises without written consent of Lessor.
,. , 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land.
10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing.
I L The rights of Lessor and Lessee hereunder may be assigned in whole or pan. No change in ownership of Lessor's interest(by assignment or otherwise)shall be
binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary
to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or
constructive-shall he binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge
the obligations or diminish the rights of Lessee,and all Lessee's operations may he conducted without regard to any such division. If all or any part of this lease is
assigned,no leasehold owner shall be liable for any act or omission of any other leasehold owner.
12.Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any
part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this
lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment
it is necessary or advisable to do so, end irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units
previously formed to include formations not producing oil or gas.may be reformed to exclude such non-producing formations. The forming or reforming of any unit
shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation,which declaration shall describe the unit. Any unit
may include land upon which a wen has theretofore been completed or upon wnicn operations for on ding nave theretofore been commenced. Production,drilling or
re-working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production,
drilling,or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified,including shut-in gas
royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be
that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in
such unit. In addition to the foregoing,Lessee shall have the right to unitize, pool,or combine all or any past of the above described lands as to one or more of the
formations thereunder with other lands in the saint general area by entering into a cooperative or unit plan of development or operation approved by any
governmental authority and, from time to time. with like approval, to modify, change or terminate any such plan or agreement and, in such event. the terms,
conditions and provisions of this lease shall be deemed modified to conform to the terms,conditions,and provisions of such approved cooperative or unit plan of
development or operation and, particularly. all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the
drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event
that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the
production therefrom is allocated to different portions of the land covered by said plan,then the production allocated to any particular tract of land shalL for the
purpose of computing the royalties to be paid hereunder to Lessor,be regarded as having been produced from the particular tract of land to which it is allocated and
not to any other tract of land;and the royalty payments to be made hereunder to Lessor shall be bared upon production only as so allocated. Lessor shall formally
express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the
same upon request of Lessee.
13.All express or implied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders,Rules or Regulations,and this lease shall not be
terminated,in whole or in part,nor Lessee held liable in damages-for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any
such Law,Order,Rule or Regulation.
•
It. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the lessee shall have the right at any time to redeem for
Lessor,by payment any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and be subrogated to the rights of
the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the Lessor may he deducted from any amounts of money which may become
due the Lessor under the terms of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of
dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made,
as recited herein.
15. Should any one or more of the parties hereinabove named as Lessor fail to execute this Lease, it stall nevertheless be binding upon all such parties who do
execute it as Lessor, The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of
this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF,this instrument is executed as ol'the date first above written. •
drtE a r oddard,also own as na Lorraine award Goddard
Suppes,Edna Lorraine Czereda and
Edna
Lorraine 2
Laukr
t4 -r a., . 1 w9. . 5 o�' 2/- 5d44/5 #dc -i;S --�t 6�Y O4 7n a
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SS/Tax ID# (-21—f Y-2y-r'y
.593 — (a'f— 936 O Et a
STATE of CietX/H/1DM.4 ACKNOWLEDGEMENT-INDIVIDUAL
coUMfY of B//r Vs/A•
BEFORE ME,the undersigned,a Notary Public.in and far said County and State,on this altr day of JJ/y Vsi i6 i- _ .200 0
personally appeared Edna L.Goddard,also known as Edna Lorraine Suppes.Edna Lorraine Czereda and Edna Lorraine Laufer,
and her husband ,to me known to be the
//
td alt prc' ]� , '.� in and who executed the within and foregoing instrument ofwriting and aetnowledged tome that t he V duly executed
'..a and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein.
•''t"r �tu`.'.�+tgiSTdyr-' • ave hereunto set my hand and affixed my notarial seal the day and year last above written.
2p
\'"'Ube' .
E arA o SI Or.. � '•
i CAN C\•'
•
'�� -w Notary Yu is -•� �/
111111111111 111111111111 III 111111 IIIIII HMI IIII IIII
2808975 11/27/2000 11:25A JA Suki Tsukamoto
of 2 R 10.00 0 0.00 Weld County CO
WHEN RECORDED RETURN TO:
PRIMA OIL & GAS COMPANY
1801 BROADWAY,SUITE 500
DENVER,CO 80202-3833
PRODUCERS 88-PAID UP
I"'"" Rev.5-60.No.2(94RT)
OIL AND GAS LEASE
c,-/II
1 76 AGREEMENT,Made and entered into the 12th day of October ,200 0 ,by and between
/ C.Thomas Morey, individually and as an heir of'Clifford Morey,Deceased,and Lydia Morey,Deceased,and whose address is
Patricia Ann Morey,his wife
1116 3rd Street, Windsor,CO 80550 ,hereinafter called Lessor(whether one or more)and
Prima Oil&Gas Company whose address is 1801 Broadway, Suite 500,Denver,CO 80202
hereinafter called Lessee:
WITNESSET1,That the Lessor,for and in consideration of TEN AND MORE($10.00+) DOLLARS cash in hand paid,the receipt and sufficiency are
hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does grant,demise,lease
and let exclusively unto the said Lessee,the land hereinafter described,with the exclusive right for the purpose of mining• exploring by geophysical and other
methods,and operating for and producing therefrom oil.gas,casinghead gas,and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert
constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under
the terms of this lease,with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of
structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary.remaindermen and executory rights
therein,situated in
Weld County Colorado ,described as follows,to-wit:
Township 6 North,Range 67 West, 6th P.M.
Section 34: N'/SW'/4, excepting therefrom all that part lying West of the public road in the NW'SW'/
and containing 76,70 acres,more or less,together with all strips or parcels of land(not,however,to be construed to include parcels comprising•
regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor.
I. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or
kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the
primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working
operations thereon,then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled
therewith; and operations shall be considered to be continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or
abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled
therewith,the production thereof should cease from any cause after the primary term,this lease shall not terminate if Lessee commences additional drilling or re-
working operations within one hundred twenty(120)from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and
produced as a result of such operations at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced
from the leased premises or on acreage pooled therewith.
2. This is a PAID-UP LEASE. In consideration of the down cash payment.Lessor agrees that Lessee shall not be obligated,except as otherwise provided herein,to
commence or continua any operations during the primary tern. Lessee may at any time or times during or after the primary term surrender this lease as to all or any
portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter
accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
let. To deliver to the credit of Lessor,free of cost,in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil
produced and saved from the leased premises.
2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found.while the same is
being used off the premises.and if used in the manufacture of gasoline a royalty of one-eighth(118),payable monthly at the prevailing market rate for gas.
3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
(1/8)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate.
4. Where gas from a well capable of producing gas is not sold or used,Lessee may pay or tender as royally to the royalty owners One Dollar per year per net royalty
acre retained hereunder,such payment or tender to he made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date
such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be
considered that gas is being produced within the meaning of this lease.
5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein then the royalties(including any shut-in gas
royalty)herein provided for shall he paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee.
6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon except water from the wells of Lessor.
7. When requested by Lessor-Lessee shall bury Lessee's pipe line below plow depth,
8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor.
Ill. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land.
10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing
1 L The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be
binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary
to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made, No other kind of notice, whether actual or
constructive,shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge
the obligations or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any past of this lease is
assigned,no leasehold owner shall be liable for any act or omission of any other leasehold owner.
12.Lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any
part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this
lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment
it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise,units
previously formed to include formations not producing oil or gas,may be reformed to exclude such non-producing formations. The forming or reforming of any unit
shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation,which declaration shall describe the unit. Any unit
may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or
re-working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production,
drilling or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified,including shut-in gas
royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be
that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in
such unit. In addition to the foregoing Lessee shall have the right to unitize,pool,or combine all or any part of the above described lands as to one or more of the
formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any
governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and in such event,the terms,
conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions,and provisions of such approved cooperative or unit plan of
development or operation and, particularly,all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the
drilling and development requirements of such plan or agreement,end this lease shall not terminate or expire during the life of such plan or agreement. In the event
that said above described lands or any thereof, shall hereafter he operated under any such cooperative or unit plan of development or operation whereby the
production therefrom is allocated to different portions of the lend covered by said plan,then the production allocated to any particular tract of land shall,for the
purpose of computing the royalties to be paid hereunder to Lessor,be regarded as having been produced from the particular tract of land to which it is allocated and
not to any other tract of land;and the royalty payments to he made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally
express lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the
same upon request of Lessee.
13.All express or implied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders,Rules or Regulations,and this lease shall not be
terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any
such Law,Order,Rule or Regulation. 1
1 111111 11111 1111111 111111 IIII 111111 III III till Till
1 8 of 2 R110 00 10/30/2000
D 0.00 gWeldJCounty CO �molo
14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for
Lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and be subrogated to the rights of
the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the Lessor may be deducted from any amounts of money which may become
due the Lessor under the terms of this lease. The undersigned Lessors,for themselves and their heirs,successors and assigns,hereby surrender and release all right of
dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made,
as recited herein.
15. Should any one or more of the parties hereinahove named as Lessor fail to execute this Lease,it shall nevertheless be binding upon all such parties who do
execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the pasties who execute this lease as Lessor. All the provisions of
this lease shall he binding on the heirs,successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF,this instrument is executed as of the date first above written.
C. omasM ey, D,Teal et wally and as . of Patricia Ann Morey
Clifford Morey, Deceased,and Lydia Morey,Deceased
SS/Tax IDW 524-36-9253
STATE of Colorado qq ACKNOWLEDGEMENT-INDIVIDUAL
COUNTY of l�l�Q&
BEFORE ME,the undersigned,a Notary Public.in and for said County and State,on this 13 day of ne_tiskA, ,200 0
personally appeared C.Thomas Morey, individually and as an heir of Clifford Morey,Deceased,and Lydia Morey,Deceased,
and Patricia Ann Morey, his wife ,tome known to be the
identical person S ,described in and who executed the within and foregoing instrument of writing and acknowledged tome that t he y duly executed
same as their free and voluntary act and deed for the uses and purposes therein set forth and in the car r. • am erein.
ch
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal the day and year last a.• wrinen. /'•, 11k
My Commission G i\'. 1 A
Expires: O'kS•Aceks ,,a pi 7. 2 11
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sycemn1591011 GW^0W1
WHEN RECORDED RETURN TO:
PRIMA OIL & GAS COMPANY
1801 BROADWAY, SUITE 500
DENVER, CO 80202-3833
l N
I"�II lll75 10/30/2000 03:57P JA l lllllll illl it IIIiII kllsukamoto
I�I III'II'�I'll
2 0l 2 II 10,00 D 0.00 Weld County CO
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l
185-PAID UP
cc 7 6' .2(94RT)
OIL AND GAS LEASE
AGREEMENT,Made and entered into the 30th day of October ,200 0 ,by and between
E.Beverly Dubin,also known as Eileen Beverly Dubin,a single woman whose address is
P.O.Box 215,Bolinas, CA 94924 ,hereinafter called Lessor(whether one or more)and
Prima Oil&Gas Company whose address is 1801 Broadway, Suite 500,Denver,CO 80202
hereinafter called Lessee:
WITNESSETH,That the Lessor,for and in consideration of TEN AND MORE($10.00+) DOLLARS cash in hand paid,the receipt and sufficiency are
hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these resents does grant,demise,lease
and let exclusively unto the said lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other
methods,and operating for and producing therefrom oil,gas,casinghead gas,and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert
constituents such as,but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under
the terms of this lease, with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of
structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary,remaindermen and executory rights
therein.situated in
Weld County Colorado .described as follows,to-wit:
Township 6 North, Range 67 West,6th P.M.
Section 34: N'/2SW'A, excepting therefrom all that part lying West of the public road in the NW'/aSW'/a,
containing 3.00 acres, more or less, and, a tract of land in the N''/2SWY, containing 0.30 acres, more or
less, more particularly described in Book 995 at Page 162
111111 111111111111 111 111111111111 I I 111111 11/11111
1 of 2 R111102.700120000
10.000 0.00 Weld County CO
ukamo
and containing 76.70 acres.more or less,together with all strips or parcels of land(not,however,to be construed to include parcels comprising a
regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor.
I. It is agreed that this lease shall remain in force for a term of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or
kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the
primary term of this least,oiler saris net beingpraducedon the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working
operations thereon,then this lease shall continue in force so long es operations are being continuously prosecuted on the leased premises or on acreage pooled
therewith; and operations shall be considered to be continuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or
abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled
therewith,the production thereof should cease from any cause after the primary term,this lease shall not terminate if Lessee commences additional drilling or re-
working operations within oiihundred twenty(120)from date of cessation of production or front date of completion of dry hole. If oil or gas shall be discovered and
produced as a result of such operations at or after the expiration of the primary term of this lease.this lease shall continue in force so long as oil or gas is produced
from the leased premises or on acreage pooled therewith.
2. This is a PAID-UP LEASE. In consideration fifth.:down cash payment,Lerner agrees that Lessee shall not he obligated,except as otherwise provided herein,to
commence or continue any operations during the primary term, Lessee may at any time or limes during or after the primary term surrender this lease as to all or any
portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter
accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
1st. To deliver to the credit of Lessor,free of cost, in the pipe line to which Lessee may connect wells on said land,the equal one-eighth(1/8)part of all oil
produced and saved from the leased premises.
2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is
being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas.
3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
(118)of the proceeds,at the mouth of the well,payable monthly at the prevailing market rate.
4. Where gas front a well capable of producing gas is not sold or used,Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty
acre retained hereunder,such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date
such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made,it will be
considered that gas is being produced within the meaning of this lease.
5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shut-in gas
royalty)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee.
6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor.
7. When requested by Lessor,Lessee shall bury Lessee's pipe line below plow depth.
8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor.
9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land.
10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing.
I t.The rights of Lessor and Lessee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be
binding on Lessee until lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary
to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or
constructive,shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge
the obligations or diminish the rights of Lessee,and all Lessee's operations may he conducted without regard to any such division. If all or any part of this lease is
assigned,no leasehold owner shall be liable for any act or omission of any other leasehold owner.
12,lessee,at its option,is hereby given the right and power at any time and from time to time as a recurring right,either before or after production,as to all or any
part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this
lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment
it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units
previously formed to include formations not producing oil or gas,may he reformed to exclude such non-producing formations. The forming or reforming of any unit
shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation,which declaration shall describe the unit. Any unit
may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or
re-working operations or a well shut iii for want of a market anywhere on a unit which includes ail or a pan of this lease shalt be treated as if it were production,
drilling,or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified, including shut-in gas
royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be
that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in
such unit. In addition to the foregoing.Lessee shall have the right to unitize, pool,or combine all or any pan of the above described lands as to one or more of the
formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any
governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms,
conditions and provisions of this lease shall be deemed modified to conform to the terms,conditions,and provisions of such approved cooperative or unit plan of
development or operation and,particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the
drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event
that said above described lands or any rt thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the
production therefrom is allocated to different portions of the land covered by said plan,then the production allocated to any particular tract of land shall,for the
purpose of computing the royalties to be paid hereunder to Lessor,be regarded as having been produced from the particular tract of land to which it is allocated and
not to any other tract of land;and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally
express lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the
sane upon request of Lessee.
13.All express or implied covenants of this lease shall he subject to all Federal and State laws,Executive Orders, Rules or Regulations,and this lease shall not be
terminated,in whole or in pan,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented by,or if such failure is the result of,any
such Law,Order,Rule or Regulation,
14, Lessor hereby warrants and agrees to defend the title to the lands herein described.and agrees that the Lessee shall have the right at any time to redeem for
Lessor,by payment,any mortgages,taxes or other liens on the above described lands,in the event of default of payment by Lessor and be suhrogated to the rights of
the holder thereof.and Lessor hereby agrees that any such payments made by Lessee For the lessor may he deducted from any amounts of money which may become
due the Lessor under the terms of this lease. The undersigned Lessors,fur themselves and their heirs,successors and assigns,hereby surrender and release all right of
dower and homestead in the premises described herein.insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made,
as recited herein.
15.Should any one or more of the parties hereinabove named as lessor fail to execute this Lease,it shall nevertheless be binding upon all such panics who do
execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of
this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF,this instrument is executed as of the date first above written.
a ,c C
E.BeviStQi,also wn as Eileen Beverly
Dubin,a single woman
SS/Tax ID# L{z i_ 5� 125.0
•
STATE of L'Airi&77` " ACKNOWLEDGEMENT-INDIVIDUAL
•
COUNTY of Ken hi �j A/
BEFORE ME,the undersigned,a Notary Public.in and for said County and State,on this �(T day of
/V ern, d:-r .200 0
personally appeared E. Beverly Dubin, also known as Eileen Beverly Dubin,a single woman
,to me known to be the
identical person _ ,described in and who executed the within and foregoing instrument of writing and acknowledged to me that S he — duly executed
same as her free and voluntary act and deed fix'the uses and purposes therein set forth and in the capacity stated therein.
IN WITNESS WHEREOF.I have hereunto set my hand and affixed my notarial seal the day and year last above written,
My Commission - . I\.
Expires:
, gg,, COMM.Si 255713 m
-y Notary Public-California w t
W -'S-►r: - MARIN COUNTY otaryPublic:
My Comm.Exp.March 5,2004 Address:
111111111111111111111111III111111111111III MINI
Jill
2808974 11/27/2000 11,25* JA Sukl Tsukamoto
2 of 2 R 10.00 0 0.00 Weld County CO
•
WHEN RECORDED RETURN TO:
PRIMA OIL & GAS COMPANY
1801 BROADWAY, SUITE 500
DENVER, CO 80202-3833
•
-
cc
Of 0
PRODUCERS 18-PAID UI'
Rev.S.60,No.2(94RI)
OIL AND GAS LEASE
AGREEMENT,Made and entered into the 5th day of January .200 1 ,by and between
Hyla Ree Sloane,a married woman dealing in her sole and separate property whose address is
5380 E. Sanford Circle,Englewood,CO 80110 ,hereinafter called Lessor(whether one or more)and
Prima Oil&Gas Company whose address is 1099 18°i Street, Suite 400,Denver,CO 80202
hereinafter called Lessee:
WITNESSETH,That the Lessor,for and in consideration or TEN AND MORE(S10 011+) DOLLARS cash in hand paid,the receipt and sufficiency are
hereby acknowledged,and the covenants and agreements hereinafter contained,has granted,demised,leased and let,and by these presents does grant,demise,lease
and let exclusively unto the said Lessee,the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other
methods,and operating for and producing therefrom oil,gas,casinghead gas,and other liquid and gaseous hydrocarbons,and all constituents of gas,including inert
constituents such as-but not limited to,helium,and all other minerals or substances,whether similar or dissimilar,that may be produced from any well drilled under
the terms of this lease.with rights of way and easements for laying pipe lines and servicing or drilling other wells in the vicinity of said lands, and erection of
structures thereon to produce,save and take care of said products,all that certain tract of land,together with any reversionary,remaindermen and executory rights
therein,situated in
Weld County Colorado -described as follows,to-wit:
Township 6 North,Ranze 67 West 6Ib P.M.
Section 34: All that part of the NW/ISW/4 lying West of the County Road
Lessee for itself, its administrators. employees, officers, directors, managers, attorneys, successors and assigns, hereby
indemnifies and holds harmless Lessor from and against any claim demand, action, or stet of whatever kind or nature,either
directly or indirectly, for injuries or damages to person or property, resulting or to result from the activities of Lessee, its
employees, contractors,subcontractors.agents and any other entity lured or retained by Lessee,upon the property which is the
subject matter of the Lease.
and containing 3,00 acres,more or less,together with all strips or parcels of land(not-however,to he construed to include parcels comprising a
regular 40-acre legal subdivision or lot of approximately corresponding size)adjoining or contiguous to the above described land and owned or claimed by Lessor.
1. It is agreed that this lease shall remain in force for a tern,of five(5) years from this date and as long thereafter as oil or gas of whatsoever nature or
kind is produced from said leased premises or on acreage pooled therewith,or drilling operations are continued as hereinafter provided. If,at the expiration of the
primary term of this lease,oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working
operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled
therewith; and operations shall be considered to he continuously prosecuted if not store than one hundred twenty(120)days shall elapse between the completion or
abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled
therewith,the production thereof should cease Item any cause alter the primary lern,this lease shall not terminate if Lessee commences additional drilling or re-
working operations within one hundred Twenty(120)t'om date ofcessation of production ur from date of completion of dry hole. If oil or gas shall be discovered and
produced as a result of such operations at or after the expiration of the primary Term of this lease,this lease shall continue in force so long as oil or gas is produced
from the leased premises or on acreage pooled therewith.
2. This is a PAID-lip LEASE. In consideration of the down cash payment.Lessor agrees that Lessee shall nut he obligated,except as otherwise provided herein,to
commence or continue any operations during the primary term. Lessee may at any time or tines during or after the primary tern,surrender this lease as to all or any
portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases,and he relieved of all obligation thereafter
accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
1st. To deliver to the credit of Lessor,free of cost. in the pipe line to which Lessee may connect wells on said land,the equal oneeighth(1/8)part of all oil
produced and saved from the leased premises.
2nd. To pay Lessor one-eighth(1/8)of the gross proceeds each year,payable quarterly,for the gas from each well where gas only is found,while the same is
being used off the premises,and if used in the manufacture of gasoline a royalty of one-eighth(1/8),payable monthly at the prevailing market rate for gas.
3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of one-eighth
(1/8)of the proceeds,at the mouth of'the well,payahle monthly at the prevailing market rate.
4. Where gas from a well capable of producing gas is not sold or used.Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty
acre retained hereunder,such payment or tender to he made on or before the anniversary date of this lease next ensuing after the expiration of 180 days from the date
such well is shut in and thereafter on or before she anniversary date of this lease during the period such well is,shut in. If such payment or tender is made,it will be
considered that gas is being produced within the meaning of this lease.
5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties(including any shutin gas
royalty)herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee.
6. Lessee shall have the right to use,free of cost.gas,oil and water produced on said land for Lessee's operation thereon,except water from the wells of Lessor.
7. When requested by Lessor.Lessee shall bury Lessee's pipe line below plow depth.
8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor.
9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land.
10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing.
11.The rights of Lessor and Lessee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest(by assignment or otherwise)shall be
binding on Lessee until lessee has been furnished with notice,consisting of certified copies of all recorded instruments or documents and other information necessary
to establish a complete chain of record title front Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or
constructive,shall he binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge
the obligations or diminish the rights of Lessee,and all Lessee's operations may be conducted without regard to any such division. If all or any part of'this lease is
assigned,no leasehold owner shall he liable for any act or omission of any other leasehold owner.
12.Lessee,at its option,is hereby given the right and power al any time and from time to time as a recurring right,either before or after production,as to all or any
part of the land described herein and as to ally one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this
lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment
it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units
previously formed to include formations not producing oil or gas.may he reformed to exclude sue,non-producing formations. The forming or reforming of any unit
shall be accomplished by Lessee executing and tiling of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit
may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced, Production,drilling or
re-working operations or a well shut in for wane of a marker anywhere on a unit which includes all or a part of this lease shall be treated as if it were production,
dnlling,or re-working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified,including shut-in gas
royalties,Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be
that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit hears to the total number of surface acres in
such unit. In addition to the foregoing,Lessee shall have the right to unitize.pool,or combine all or any part of the above described lands as to one or more of the
formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any
governmental authority and, from line to time. with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms,
conditions and provisions of this lease shall be deemed modified to conform to the terns, conditions,and provisions of such approved cooperative or unit plan of
development or operation and, particularly, all drilling and development requirements of this lease, express or implied,shall be satisfied by compliance with the
drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agreement. In the event
that said above described lands or any part thereof. shall hereafter he operated under any such cooperative or unit plan of development or operation whereby the
production therefrom is allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall,for the
purpose of computing the royalties to he paid hereunder to Lessor,he regarded as having been produced from the particular tract of'land to which it is allocated and
not to any other tract of land:and the royalty payments to he made hereunder lo Lessor shall he based upon production only as so allocated. Lessor shall formally
express Lessor's consent t0 any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the
same upon request of Lessee.
13.All express or implied covenants of this lease shall he subject to all Federal and State Laws Executive Orders.Rules or Regulations,and this lease shalt not be
terminated,in whole or in part,nor Lessee held liable in damages,for failure to comply therewith-if compliance is prevented by,or if such failure is the result of,any
such Law,Order,Rule or Regulation.
MEV 11111 111111 III 11111 01 HEM IIIII IIII IIII
2826010 02/14/2001 01:58P JA Suki Tsukatnoto
1 of 2 fl 10.00 D 0.00 Weld County CO
14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for
Lessor,by payment,any mortgages,taxes or other liens on the above described lards,in the event of default of payment by Lessor and be subrogated to the rights of
the holder thereof,and Lessor hereby agrees that any such payments made by Lessee for the Lessor may he deducted from any amounts of money which may become
due the Lessor under the tenns of this lease. The undersigned Lessors,For themselves and their heirs,successors and assigns,hereby surrender and release all right of
dower and homestead in the premises described herein,insofar as said right or dower and homestead may in any way affect the purposes for which this lease is made,
as recited herein.
IS, Should any one or more of the parties hcreinabove named as Lessor fail to execute this Lease,it shall nevertheless be binding upon all such parties who do
execute it as Lessor. The word"Lessor",as used in this lease,shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of
this lease shall he binding on the heirs,successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF,this instrument is executed as of the date first above written.7H Ree Sloane,a morn woman dealing in her sole
and separate property
SS/Tax IDS 3-.2 3 -g-{., -o484-
STATE of Ce to O.tbs7 O ACKNOWLEDGEMENT-INDIVIDUAL
COUNTY of N2 'PT 1f i
tl
BEFORE ME.the undersigned.a Notary Public.in and for.said County and State.on this day of Set A-.alt:y .200 1
personally appeared Hyla Rec Sloane,a married woman dealing in her sole and separate property
,to are known to he the
identical person - ,described in and who executed the within find livegoi ng instrument or%witing and acknowledged In me that S he duly executed
same as her free and voluntary act and deed ti 'the sixes and purposes therein set faith and in the capacity stated therein
IN WITNESS WHEREOF,I have hereunto set my hand and:Mixed my notarial seal the day and year ..,....eaten.�i
My Commission ri+f]/CGIi J ;.I,+J'r�l 0` •�,•
Expires: cEic �� • L
•
No j y F6hlie DDELER
Ad .(,(f°. ice /,
Rqr . .',Cf.\
FF cep
-- 1111111111111111111 III 1111111 00111111 III 1101 it 'Hi
2826010 02/14/2001 01:58P JA Sukl Tsukamoto
2 of 2 R 10.00 D 0.00 Weld County CO
WHEN REC0OIL RDEDG
1099 18Th S RETN :
pRIMA & AS COMPANY
TREET,SUITE 400
DENVER,CO 80202
U)
148 PRODUCERS 88-PAID UPI3083148 07/14/2003 02:11P Weld County, CO
IWVRb0julahhh/*u1t111XULi1cboh1
III II' IIII IIII
Rev.5-60,No. 2 1 D 0.00 Steve Moreno Clerk& Recorder
OIL AND GAS LEASE
AGREEMENT,Made and entered into the 16th day of June 2003br and between
Theodore Koolstra and Marion Ann Koolstra, individually & as husband & wife
whose post office address is-RR #1 , Box 33, Kimball, NE 69145
hereinafter called Lessor(whether a or o d
anaddress
Prima Oil & Gas Com whose post o(ticeaddis1099 18th Street, Denver, CO 8the 42
p y ,hereinafter called Lessee:
WITNESSETH,That the Lessor,for and in consideration of Ten and More DOLLARS
cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter contained, has granted,demised,
leased and let, and by these presents does grant, demise, lease and let exclusively unto the said Lessee, the land hereinafter described. with the
exclusive right for the purpose of mining,exploring by geophysical and other methods,and operating for and producing therefrom oil and all gas of
whatsoever nature or kind,with rights of way and easements for laying pipe lines,and erection of structures thereon to produce,save and take care
of said products,all that certain tract of land situated in the County of Weld
State of Colorado ,described as follows,to-wit:
Township 6 North, Range 67 West, 6th P.M.
Section 34 : Lot A of Recorded Exemption No. 0807-34-RE 202
recorded in Book 766, Reception #1688432 .•
Lessee shall have no right to enter onto said land for any exploration
or production purposes without first obtaining written consent of the
Lessors,
and containing 6.188 _acres,more or less. /three (3 )
1. It is agreed that this lease shall remain in force for a term of txe� years from this date and as long thereafter as oil or gas of whatsoever
nature or kind is produced from said leased premises or on acreage pooleritherewith,or drilling operations are continued as hereinafter provided.
If.at the expiration of the primary term of this lease, oil or gas is not being produced on the leased premises or on acreage pooled therewith but
Lessee is then engaged in drilling or re-working operations thereon, then this lease shall continue in force so long as operations are being continu-
ously prosecuted on the leased premises or on acreage pouted therewith; and operations shall be considered to be continuously prosecuted if not
snore than ninety (90) days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a
subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause
alter the primary term, this lease shall not terminate if Lessee commences additional drilling or re-working operations within ninety(901 days from
date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such opera-
, lions at or after the expiration of the primary term of this lease,this lease shall continue in force so long as oil or gas is produced from the leased
premises or on acreage pooled therewith.
2. This is a PAID-UP LEASE. In consideration of the down cash payment,Lessor agrees that Lessee shall not be obligated,except as other
wise provided herein, to commence or continue any operations during the primary term. Lessee may at any time or times during or after the pri-
mary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a
release or releases,and be relieved of all obligation thereafter accruing as to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agrees:
1st.To deliver to the credit of Lessor,free of cost,in the pipe line to which Lessee may connect wells on said land,the equal one-eighth
(t/8)part of all oil produced and saved from the leased premises.
2nd.To pay Lessor one-eighth (1/8) of the gross proceeds each year,payable quarterly, for the gas from each well where gas only is
found, while the same is being used off the premises, and if used in the manufacture of gasoline a royalty of one-eighth(1/8).payable
monthly at the prevailing market rate for gas.
3rd.To pay Lessor for gas produced from any oil well and used off the premises or In the manufacture of gasoline or any other product
a royalty of one-eighth(1/8)of the proceeds,_at the mouth of the well,payable monthly at the prevailing market rate.
4. Where gas from, a well capable of producing gas is not sold or used, Lessee may pay or lender as royalty to the royalty owners One
Dollar per year per net royalty acre retained hereunder, such payment or tender to be made on or before the anniversary date of this lease next
ensuing after the expiration of 90 days from the dale such well is shut in and thereafter on or before the anniversary date of this lease during the
period such well is shut in, If such payment or tender is made, it will be considered that gas is being produced within the meaning of-this lease.
5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein,then the royalties
(including any shut-in gas royalty) herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole
and undivided fee.
6. Lessee shall have the right to use,free of coat,gas,oil and water produced on said land for Lessee's operation thereon,except water from
the wells of Lessor.
7. When requested by Lessor,Lessee shall bury Lessee's pipe line below plow depth.
8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor.
9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land.
10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, Including the right to draw and
remove casing.
11. The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change In ownership of Lessor's interest(by assignment
or otherwise) shall be binding on Lessee until Lessee has been furnished with notice,consisting of certified copies of all recorded instruments or
documents and other information necessary to establish a complete chain of record title from Lessor,and then only with respect to payments
thereafter made. No other kind of notice, whether actual or constructive, shall be binding on Lessee. No present or future division of Lessor's
ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee,and all Lessee's
operations may be conducted without regard to any such division. If all or any part of this lease is assigned,no leasehold owner shall be liable for
any act or omission of any other leasehold owner.
12. Lessee,at its option, Is hereby given the right and power at any time and from time to time as a recurring right,either before or after
production- as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the lease-
hold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,
or separately for the production of either, when In Lessee's Judgment it Is necessary or advisable to do so, and irrespective of whether authority
similar to this exists with respect to such other land,lease or leases. Likewise,units previously formed to include formations not producing oil or
gas. may be reformed to exclude such non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing
and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon
which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,drilling or re-
working operations or a well shut In fur want of a market anywhere on a unit which Includes all or a part of this lease shall be treated as If it were
production,drilling or reworking operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein speci-
fied, including shut-in gas royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production
allocated to this lease; such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease
and included in the unit bears to the total number of surface acres in such unit. In addition to the foregoing.Lessee shall have the right to unitize,
pool, or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general
area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to lime,
with like approval, to modify,change or terminate any such plan or agreement and, In such event, the terms,conditions and provisions of this
lease shall be deemed modified to conform to the terms,conditions, and provisions of such approved cooperative or unit plan of development or
operation and, particularly, all drilling and development requirements of this lease, express or implied,shall be satisfied by compliance with the
drilling and development requirements of such plan or agreement,and this lease shall not terminate or expire during the life of such plan or agree-
ment. In the event that said above described lands nr any part thereof, shall hereafter be operated under any such cooperative or unit plan of
development or operation whereby the production therefrom Is allocated to different portions of the land covered by said plan,then the produc-
tion allocated to any particular tract of land shall,for the purpose of computing the royalties to be paid hereunder to Lessor,be regarded as having
been produced from the particular tract of land to which It is allocated and not to any other tract of land;and the royalty payments to be made
hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit
plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee.
18, All express or implied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders,Rules or Regulations,and
this lease shall not be terminated,In whole or in part,nor Lessee held liable in damages,for failure to comply therewith,if compliance is prevented
by,or if such failure is the result of,any such Law,Order,Rule or Regulation.
14. Lessor hereby warrants and agrees to defend the title to the lands herein described-and agrees that the Lessee shall have the right at any
time to redeem for Lessor, by payment,any mortgages, taxes or other liens on the above described lands, in the event of default of payment by
Lessor and be aubrogated to the rights of the holder thereof,and the undersigned Lessors, for themselves and their heirs,successors and assigns,
hereby surrender and release all right of dower and homestead in the premises described herein,Insofar as said right of dower and homestead may
in any way affect the purposes for which this lease is made.as recited herein.
15. Should any one or more of the parties hereinabove named as Lessor fail to execute this lease, it shall nevertheless be binding upon all
such parties who do execute it as Lessor. The word "Lessor," as used in this lease, shall mean any one or more or all of the parties who execute
this lease as Lessor. All the provisions of this lease shall be binding on the heirs,successors and assigns of Lessor and Lessee.
SIN WITNESS WHEREOF,this instrument is executed as of the date first above written.
eraO. atte. , 5:27 isR-5'9/7 1�; Q}tx � �z� s 47_5, -./6-6-2.-
Theodore Koolstra SSN Marion Ann Koolstra SS//
Primed by P&M Printing(303)423-4691
STATE OF Nebraska Oklahoma, Kansas, New Mexico, Wyoming,g Montana, Colorado, Utah,
COUNTY OF
Kimball }�' Nebraska, North uth Dakota
ACKNOWLEDGMENT—a INDIVIDUAL
. BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this -4..ner9—
day of tI� , 42003 personally appeared Theodore Koolstra and Marion Ann
Koolst , iztividually and as husband & wife
and
, to me (mown to be the identical person S , described in and who executed
the within and foregoing instrument of writing and acknowledged to me that they duly executed the same as their free
and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarialday.a 4 yep,last a .vey-written.
My Commission Ex ,fires ....2....1s---e-1- .-+- i-R-e ?A LA,1 t,,-i1
GENERAL NOTARY-Stale of Nebraska � , /(S aary) bi 015-
' WINIFRED PETERSEN Address: d j ��
My Cows.Exp.kb.25,4771
STATE OF Oklahoma, Kansas, New Mexico, WyominQg,,Montana, Colorado, Utah,
COUNTY OF
}�' Nebraska, North uth Dakota
ACKNOWLEDGMENT Dakota,INDIVIDUAL
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this
day of , 19 , personally appeared
and
, to me known to be the identical person . described in and who executed
the within and foregoing instrument of writing and acknowledged to me that duly executed the same as free
and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written.
My Commission Expires
Notary Public.
Address:
STATE OF ACKNOWLEDGMENT(For use by Corporation)
COUNTY OF }ss.
On this day of , A.D. 19 , before me personally
appeared , to me personally known, who, being by
me duly sworn, did say that he is the of
and that the seal affixed to said instrument is the corporate seal of
---,, said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said
acknowledged said instrument to be free act and deed of said corporation.
Witness my hand and seal this day of . A.D. 19_.
Notary Public.
(SEAL) Address' -
My Commission expires 111111111111IIII DIN 11111111111 Mill III 11111U
3083148 07/14/2003 02:11P Weld County, CO
2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder
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3148799 01/28/2004 04:46P Weld County, CO
1 of 2 R 11.00 D 0.00 Steve Moreno Cleric& Recorder
OIL AND GAS LEASE
799
THIS AGREEMENT,made and entered Into this 154 day of January.2004 by and between Robert R.Anderson and Alma E.Anderson.husband and wife
29774 State Highway 257.Windsor.CO 80550 Party of the first part,hereinafter called Lessor(whether
one or more)and Prima Oil&Gas Company.1099 184 Street.Suite 400.Denver.CO 50202 Party of the second part,hereinafter called
Lessee.
WRNESSEfH:
1.That Lessor,for and in consideration of Ten Dollars($10.00)and other good and valuable consideration,paid in advance upon the execution hereof,receipt of which as full and
adequate consideration for all rights granted herein is hereby acknowledged,and of the covenants and agreements hereinafter contained to be paid,kept,and performed by Lessee,
has this day granted,demised, leased,and let,and hereby grants,demises,leases,and lets exclusively unto Lessee for the purpose of Investigating,exploring,and prospecting by
geophysical and other methods,and drilling,mining,and operating for and producing oil,gas,casinghead gas,casinghead gasoline,other hydrocarbons,and other minerals and gases,
or either or any of them, produced therewith (hereinafter for brevity, unless otherwise required by the context,at being jointly and severally referred to as Oil and Gas), laying
dpeiines,building tanks,stations,power lines,telephone lines.and other structures thereon to explore for,produce,store,sell,treat,transport,and take care of all such substances.
and for housing and boarding employees in Its operations on said lands or
adjacent Land,the following described tract of Land(hereinafter referred to as the"Land")In Weld County,State of Colorado to wit:
Township I North.Ranee 87 West.84 P.M.
Section 34:That part of Lot B of Recorded Exemption No.0507-34-RE202,recorded May 13,1978 In Book 766 at
Reception 81888432,lying within the 8/28W/4 of Section 34.
In addition to the Land above described,it Is the intention of the parties to include within this Lease,and Lessor does hereby grant,lease and let exclusively unto Lessee to the same
extent as if specifically described herein,not only the specified 011 and Gas Land described,but also all Lands owned or claimed by Lessor which are adjacent,contiguous to or form a
part of the Lands above particularly described,Including all Oil and Gas underlying lakes, rivers,streams, roads, easements and rights-of-way which traverse or adjoin any of said
Lands.For rental payment purposes,the
Land Included within this lease shall be deemed to contain 58.118 gross acres,whether it actually comprises more or less.
2.TO HAVE AND TO HOLD the same for a term of five years from and after the date hereof(called'primary term")and so long thereafter as OH and Gas Is produced from the land
or from Lands with which the Land is pooled or combined therewith by Lessee,operations are being conducted on the Land or upon other Lands combined or pooled by Lessee with the
Land for the exploration for and/or production of the same,all as herein provided.
3.THIS IS A PAID-UP LEASE,In consideration of the down cash payment,Lessor agrees that Lessee shall not be obligated,except as otherwise provided herein,to commence or
continue any operations during the primary term.Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to
any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter accruing as to the acreage surrendered.
4,The royalties to be paid by Lessee are: (a)on oil,one-eighth of that produced and saved from said Land,the same to be delivered at the wells,or to the Credit of Lessor into the
pipeline to which the wells maybe connected;Lessee may from time to time purchase any royalty oil in Its possession,paying the market price therefor prevailing for the field where
produced on the date of purchase, (b)on gas, including casinghead gas or other hydrocarbon substance, produced from said Land and sold or used off the premises or in the
manufacture of gasoline or other products therefrom,the market value at the well of one-eighth of the gas so sold or used,provided that on gas sold at the wells the royalty shall be
one-eighth of the amount realized from such sale.The Lessor to have gas free of charge from any gas well on the leased premises for stoves and inside lights In the principal dwelling
on said Land by making his own connections with the well,the use of saki gas to be at the Lessor's sole risk and expense.Lessee shall have free use of oil,gas and water from said
Land,except water from Lessor's wells,for all operations hereunder,and the royalty on oil and gas shall be computed after deducting any so used.Where oil and/or gas from a well
capable of or which could be made capable of producing oil and/or gas is not sold or used for a period of one year,Lessee shall pay or tender as royalty One Dollar per year per acre of
the Land hereunder applicable to such well(such payment or tender to be made on or before the anniversary date of this Lease next ensuing after the expiration of one year from the
date such well B shut-In or becomes capable al producing and thereafter on the anniversary date of this Lease during the period such well Is shut-in or remains nonprodudng)to the
Lessor. If such payment or tender Is made,It will be considered that oil and/or gas is being produced from the Land within the meaning of paragraph 2 above.The Lessee may
suspend drilling operations on any natural gas well at any time during the drilling of said well after the penetration of any natural gas bearing formation with potential for commercial
production when there is presently not a market for the natural gas and further drilling of said well,In the Lessee's reasonable judgement,will render the condition,pressure,quantity
and/or any other aspect of the natural gas to be such as would be detrimental to the marketability of natural gas from said wells.A well which is suspended and capped In this manner
will be deemed capable of producing natural gas as that term Is employed In this paragraph.
5. Lessee shall have the right to drill to completion with reasonable diligence and dispatch:(1)any well commenced within the primary term or any extended term of this lease and
(2)any well commenced within ninety(90)days of the completion of a well which has been commenced within either such term. If Oil and Gas shall be found in paying quantities in
any such well,this Lease shall continue to be in force with like affect as if such well has been completed within the primary term or any extended term of this Lease.Lessee shall also
have the right to drill to completion with reasonable diligence and dispatch any well which has been suspended and capped as referred to in paragraph 4 above at such time as natural
gas can be marketed therefrom,and it is expressly agreed that the Lessee will act with reasonable diligence to market the natural gas in said suspended well.
6.Lessee is hereby granted the right and power to pool,unitize,or combine the Land(hereinafter commonly referred to as"pooling')covered by NB Lease,or any portion thereof,
with other Land,lease,or leases in the vicinity thereof at anytime.and from time to time,whether before or after production,when In Lessee's Judgement It is necessary or advisable
to do so.Such pooling shall be effected by Lessee's executing and filing,in the office where this Lease is recorded,an Instrument Identifying and describing the pooled acreage.The
production of pooled substances and development and operation on any portion of a unit so pooled(Including the commencement,drilling,completion,and operation of a well thereon)
shall be considered and construed and shall have the same effect,except for the payment of royalty,as drilling,completion,production,development,and operation on the Land under
the terms of this lease,regardless of the formation or formations pooled or combined.The royalties herein provided shall accrue and be paid to Lessor on pooled substances produced
from any such unit in the proportion,but only in the proportion,that lessor's acreage interest in the land covered hereby and placed in the unit bears to the total acreage In such unit.
Lessee also shall have the right to unitize, pool,or combine all or any part of the Land with other Lands in the same general area by entering Into a cooperative or unit plan of
development or operation approved by any governmental authority and,from time to time, with like approval,to modify, change or terminate any plan or agreement and,in such
event,the terms, conditions,and provisions of this lease shall be deemed modified to conform to the terms,conditions,and provisions of such approved cooperative or unit plan of
development or operation and. particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by the event that said Land or any part
thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom Is allocated to different portions of the
Land covered by said plan,then the production allocated to any particular tract of Land shall,for the purpose of computing the royalties to be paid hereunder to Lessor,be regarded as
having been produced from the particular Pad of Land to which It is allocated and not to any other tract of Land;and the royalty payments to be made hereunder to Lessor shall be
based upon production only as so allocated, Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and
approved by any governmental agency by executing the same upon request of Lessee.
7.If prior to the discovery of Oil and Gas on the Land or on land pooled therewith Lessee dells a dry hole or holes thereon or If alter discovery of OH and Gas,production thereafter
should cease for any cause for a period of ninety(90)days,this lease shall not terminate if Lessee commences additional drilling or reworking operations within ninety(90)days
thereafter,this Lease shall continue for so long thereafter as Oil and Gas is produced from the Land or from other Lands pooled or combined with the Land or operations are being
conducted for the exploration for or production of Oil and Gas on any such Lands,It at the expiration of the primary term OH and Gas is not being produced on the Land or on Land
pooled or combined therewith but Lessee is then engaged in drilling or reworking operations thereon,this lease shall remain In effect so long as operations are prosecuted either on the
same well or any other well thereafter commenced with no cessation of more than six(6)months:and if they result In the production of Oil and Gas,this Lease shall remain in effect
so long thereafter as such production continues.
8.If Lessor owns a lesser Interest in the Land than the entire and undivided fee simple estate to the Oil and Gas therein,then the royalties and rentals herein provided;hail be paid
to Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee.However,such rentals shall be Increased at the next succeeding rental anniversary after
any reversion having occurred to cover the Interest so acquired with notice of said reversion by Lessor to Lessee.
9. Lessee shall have the right at anytime without Lessors consent to surrender all or any portion of the leased premises and be relieved of all obligations as to the acreage
surrendered.Lessee shall have the right at anytime during or after the expiration of this lease to remove all p'.,ye,ty and fixtures placed by Lessee on said Land,including the right to
draw and remove as casing.When required by Lessor,Lessee will bury all pipelines below ordinary plow depth,and no well shall be drilled within two hundred(200) feet of any
residence or bam now on said Land without Lessors consent.The Lessee agrees to promptly pay to the owner thereof any damages to crops,or Improvements,caused by or resulting
from any operations of lessee.In the event Lessor and Lessee fall to agree on the amount of damages caused by Lessee's operations,Lessor and Lessee hereby agree to allow an
arbitration committee set the specific amount of damages incurred. Lessor and Lessee shall each choose an arbitrator, who In turn will pick a third arbitrator to determine the fair
settlement amount for damages,said settlement to be determined within fifteen business days of obtaining arbitrators.Lessor and Lessee agree to be bound by the decision of the
Arbitrators.
10.The breath by Lessee of any obligation arising hereunder shall not work a forfeiture or termination of this Lease nor cause a termination or reversion of the estate created
hereby not he grounds for cancellation hereof in whole or In part.In the event Lessor considers that operations are not at any time being conducted In compliance with this Lease,
Lessor shell notify Lessee,In writing,of the facts relied upon as constituting a breath thereof; and Lessee, if In default,shall have a reasonable period of time after receipt of such
notice in which to commence the compliance with the obligations Imposed by virtue of this instrument.The provisions of this paragraph shall be applicable to the payment by Lessee of
shut-in gas royalty except to the extent that the time for the lessee to cure any nonpayment thereof is otherwise stated herein.
11.The rights of either party hereunder maybe assigned in whole or In part,and the provisions hereof shall extend to the heirs,successors and assigns of the parties hereto,but no
change or division in ownership of the Land,rentals,or royalties,however accomplished, shall operate to enlarge the obligations or diminish the rights of lessee.No change in the
ownership of the land,or any interest therein,shall be binding on Lessee until Lessee shall be furnished with a certified copy of all recorded Instruments,all court proceedings and all
other necessary evidence of any transfer, inheritance, or sale of said rights. In event of the assignment of this lease as to a segregated portion of saki Land,the rentals payable
hereunder shall be apportionable among the several leasehold owners ratably according to the surface area of each,and default In rental payment by one shall not affect the rights of
other leasehold owners hereunder.In case Lessee assigns this lease,In whole or in part,Lessee shall be relieved of all obligations with respect to the assigned portion or portions
arising subsequent to the date of assignment.
12.Lessor further agrees that should Lessee be prevented from complying with any express or Implied covenant of this lease by reason of war,public enemy,insurrection,strikes,
riots, fires. storms, floods, epidemics, compliance with or obedience to any Federal, State or County law or any regulation, rule or order of any governmental authority having
jurisdiction;or any other drcumstances reasonably beyond Lessee's control(other than financial),whether similar or dissimilar from those enumerated,from continuing operations as
to said lease,then,Lessee shall be excused during the period It is actually prevented by such causes from the performance of Its obligations of this lease.As soon as the circumstances
necessitating the termination of operations shall cease, lessee's obligations herein shall resume. Lessee agrees to promptly give notice to Lessor of the commencement of and/or
termination of any force majeure matter and to diligently pursue a remedying of the same.
13.Lessor hereby warrants and agrees to defend the title to said Land and agrees that Lessee at its option may discharge any tax,mortgage or other lien upon said Land either in
whole or in part,and in event Lessee does so,it shall be subrogated to such lien with the right to enforce same and apply rentals and royalties accruing hereunder toward satisfying
same.Lessors,for themselves and their heirs,successors,and assigns,hereby surrender and release all right of dower and homestead in the Land Insofar as saki right of dower and
homestead may in anyway affect the purposes for which this lease is made as redted herein.
14.In the event that Lessor,during the primary term,or any extension thereof,of this lease receives a bona fide offer which Lessor Is willing to accept from any party offering to
purchase from Lessor a lease covering any or all of the Oil and Gas covered by this lease and covering all or a portion of the Land described herein,with the lease becoming effective
upon expiration of this lease,Lessor hereby agrees to notify Lessee in writing of said offer immediately,including in the notice the name and address of the offeror,the price offered
and all other pertinent terms and conditions of the offer.Lessee,for a period of twenty business days after the receipt of the notice,shall have the prior and preferred right and option
to purchase the lease or part thereof or interest therein,covered by the offer at the price and according to the terms and conditions specified In the offer.All offers made up to and
including the last day of the primary term of this lease shall be subject to the terms and conditions of this Section.Should Lessee elect to purchase the lease pursuant to the terms
hereof,It shall so notify Lessor in writing by mall or telegram prior to expiration of said 20day period.Lessee shall promptly thereafter furnish to Lessor the new lease for execution on
behalf of Lessor(s)along with Lessee's sight draft payable to Lessor in payment of the specified amount as consideration for the new lease,such draft being subject only to approval of
title according to the terms thereof.Upon receipt thereof,Lessor(s)shall promptly execute said lease and return same along with the endorsed draft to Lessee's representative or
through Lessor(s)bank of record for payment.
All of the provisions of this lease shall inure to the benefit of and be binding upon the parties hereto;their heirs,administrators,successors and assigns,
This agreement shall be binding on each of the above named parties who sign the same,regardless of whether it Is signed by any of the other parties.If the Lessor herein is more
than one person.this lease may be executed in counterparts,and each counterpart hereof,when executed by a named Lessor,shall constitute lease of the executing Lessor's interest
and the counterparts together shall constitute a lease of the entire interest of the named Lessors.
IN WITNESS WHEREOF,this instrument is executed as of the date first above written.
Signature Taxpayer Identification or SS No,
fssor:
Robert R.Anderson
Alma er on
ACKNOWLEDGMENTS FOR USE IN ARIZONA,OREGON,NEBRASKA,KANSAS,COLORADO,WYOMING,N.DA *6W MEXICO;:(a 11
� I
STATE OF 00 ) (INDIVID . e W L u �• SUSAN f�
/ HARDMAN ' S
COUNTY OF �e / (l )ss. III Not .O%
ItI•'rL
BEFORE ME,the undersigned,personally appeared Robert R. Anderson and Alma E.Anderson It``t8 '%1 \ the identical
person(s)described in and who executed the within and foregoing instrument of writing and acknowledged to me that he/she di exequ . as his/her free and
a'yCommune
voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my notarial seal this/2 77 gdaayy ooff� JQ r/ ,2004.
My Commission Expires: 7-- 2" 2 7 ,'_1 ��t�t i i No'a(�
�fFNotary Public
FATE OF ) (CORPORATE ACKNOWLEDGMENT)
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2004,
By of
a corporation,on behalf of the corporation.
My Commission Expires:
Notary Public
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°� 2 R 11.00 D 0.00 Steve more
Clerk 3 Recorder
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FORM
PAID-UP
CEiL5 1111111 Illli viii 11111 ���� 1111111111111 III 11111 IIII VIII
3148798 01/28/2004 04:45P Weld County, CO
1 of 2 R 11.00 D 0.00 Steve Moreno Clerk 8 Recorder
OIL AND GAS LEASE
This AGREEMENT,made and entered into this_11"Li day of January,2004 by and between Jest A,Anderson and Helen Anderson.husband and wife,
29774 State Highway 357.Windsor.CO 80550 Party of the first part,hereinafter called Lessor
(whether one or mare)and Prima Oil&Oes Company.1099 18th Street.Suite 400,Denver.CO 80202 Party of the second part,
hereinafter called Lessee.
WTTNESSETH:
1.That Lessor,for and In consideration of Ten Dollars($10.00)and other good and valuable consideration,paid in advance upon the execution hereof,receipt of which as Nil and
adequate consideration for all rights granted herein Is hereby acknowledged,and of the covenants and agreements hereinafter contained to be paid,kept,end performed by Lessee,
has this day granted, demised,leased,and let,and hereby grants,demises,leases,and lets exclusively unto Lessee for the purpose of Investigating,exploring,and prospecting by
geophysical and other methods,and drilling,mining,and operating for and producing oil,gas,casinghead gas,casinghead gasoline,other hydrocarbons,and other minerals and gases,
or either or any of them, produced therewith (hereinafter for brevity, unless otherwise required by the context, all being jointly and severally referred to as Oil and Gas), lying
pipelines,building tanks,stations,power lines,telephone lines.and other structures thereon to explore for,produce,store,sell,treat,transport,and take care of all such substances,
and for housing and boarding employees in its operations on said lands or
adjacent sand,the following described tract et Land(hereinafter referred to as the'Land")in Weld County,State of Colorado to wit:
Township 6 North,Range 67 West....P,M
Section 34;That part of Lot B of Recorded Exemption No.080734-RE202,recorded May 13,1978 In Book 766 at
Reception 91888432,lying within the 8128W/4 of Section 34.
In addition to the Land above described,It Is the intention of the parties to include within this Lease,and Lessor does hereby grant,lease and let exclusively unto Lessee to the same
extent as If specifically described herein,not only the specified 0i1 and Gas Land described,but also all Lands owned or claimed by Lessor which are adjacent,contiguous to or form a
part of the Lands above particularly described,including all W and Gas underlying lakes, rivers,streams,roads, easements and rights-of-way which traverse or adjoin any of said
Lands.For rental payment purposes,the
Land included within this lease shall be deemed to contain 58.115 gross acres,whether it actually comprises more or less.
2.TO HAVE AND TO HOLD the same for a term of five years from and after the date hereof(called"primary term")and so long thereafter as Oil end Gas is produced from the and
or from Lands with which the Land is pooled or combined therewith by Lessee,operations are being conducted on the Land or upon other Lands combined or pooled by Lessee with the
Land for the exploration for and/or production of the same,all as herein provided.
3.THIS IS A PAID-UP LEASE.In consideration of the down cash
payment, Lessor agrees that Lessee shall not be obligated,except as otherwise provided herein,to commence or
continue any operations during the primary term.Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to
any strata or stratum by delivering to Lessor or by filing for record a release or releases,and be relieved of all obligation thereafter accruing as to the acreage surrendered.
4.The royalties to be paid by Lessee are:(a)on oil,one-eighth of that produced and saved from said Land,the same to be delivered at the wells,or to the credit of Lessor Into the
pipeline to which the wells maybe connected; Lessee may from time to time purchase any royalty oil In Its possession,paying the market price therefor prevailing for the flee where
produced on the date of purchase, (b)on gas, including casinghead gas or other hydrocarbon substance, produced from said Land and sold or used off the premises orie the
manufacture of gasoline or other products therefrom,the market value at the well of one-eighth of the gas so sold or used,provided that on gas sold at the wells the royalty shell be
one-eighth of the amount realized from such sale.The Lessor to have gas free of charge from any gas well on the leased premises for stoves and inside lights In the principal dwelling'
on said land by making his own connections with the well,the use of said gas to be at the Lessor's sole risk and expense.Lessee shall have free use°.oil,gas am water from said
Land,except water from Lessors welts,for all operations hereunder,and the royalty on oil and gas shah be computed after deducting any so used.Where Ca and;tar-gas from a wee
capable of or which could be made capable of producing oil and/or gas Is not sold or used for a period of one year,Lessee shall pay or tender as royalty One Dollar en year per acre of
the Land hereunder applicable to such well(such payment or tender to be made on or before the anniversary date of this Lease next ensuing after the expiration of the year from the -
date such well is shut-In or becomes capable al producing and thereafter on the anniversary date of this Lease during the period such well is shut-in or remams nowprodpdr ).to the
Lessor. If such payment or tender is made, it will be considered that oil and/or gas is being produced from the lard within the meaning of paragraph 2 abwre_The Lessee may
suspend drilling operations on any natural gas well at any time during the drilling or said well after the penetration of any natural gas bearing formation with petentiai for commercial
production when there is presently not a market for the natural gas and further drilling of said well,in the Lessee's reasonable judgement,will render the condition,pressure,quantity
and/or any other aspect of the natural gas to be such as would be detrimental to the marketability of natural gas from said wells.A well which Is suspended and copped in this manner
will be deemed capable of producing natural gas as that term is employed in this paragraph.
5.Lessee shall have the right to drill to completion with reasonable diligence and dispatch:(1)any well commenced within the primary term or any extended term of this lease and
(2)any well commenced within ninety(90)days of the completion of a well which has been commenced within either such term.If Oil and Gas shall be found In paying quantities in
any such wet,this Lease shall continue to be in force with like affect as H such well has been completed within the primary tern or any extended term of this Lease.Lessee shall also
have the right to drill to completion with reasonable diligence and dispatch any well which has been suspended and capped as referred to in paragraph 4 above at such time as natural
gas can be marketed therefrom,and it is expressly agreed that the Lessee wit act with reasonable diligence to market the natural gas in said suspended well.
6.Lessee is hereby granted the right and power to pool,unitize,or combine the Land(hereinafter commonly referred to as'pooling')covered by this Lease,or any portion thereof,
with other Land,lease,or leases in the vicinity thereof at anytime.and from time to time,whether before or after production,when In Lessee's judgement it is necessary or advisable
to do so.Such pooling shall be effected by Lessee's executing and thing,in the office where this Lease a recorded,an instrument identifying and describing the pooled acreage.The
production of pooled substances and development and operation on any portion of a unit so pooled(Including the commencement,drilling,completion,and operation of a well thereon)
shall be considered and construed and shall have the same effect,except for the payment of royalty,as drilling,completion,production,development,and operation on the Land under
the terms of this lease,regardless of the formation or formations pooled or combined.The royalties herein provided shall accrue and be paid to Lessor on pooled substances produced
from any such unit In the proportion,but only in the proportion,that lessor's acreage interest In the land covered hereby and placed In the unit bears to the total acreage in such unit.
Lessee also shall have the right to unitize,pool,or combine at or any part of the Land with other Lands In the same general area by entering into a cooperative or unit plan of
development or operation approved by any governmental authority and,from time to time, web like approval,to modify, change or terminate any plan or agreement and, in such
event,the terms,conditions,and provisions of this lease shall be deemed modified to conform to the terms, conditions,and provisions of such approved cooperative or unit plan of
development or operation and. particularly, all drilling and development requirements of this lease, express or impaled,shall be satisfied by the event that said Land or any part
thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the
land covered by said plan,then the production allocated to any particular tract of land shall,for the purpose of computing the royalties to be paid hereunder to Lessor,be regarded as
having been produced from the particular tract of Land to which It is allocated and not to any other tract of Land;and the royalty payments to be made hereunder to Lessor shall be
based upon production only as so allocated. Lessor shall formally express lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and
approved by any governmental agency by executing the same upon request of Lessee.
7.If prior to the discovery of 00 and Gas on the land or on land pooled therewith Lessee drills a dry hole or holes thereon or if after discovery of Oil and Gas,production thereafter
should cease for any cause for a period of ninety(90)days,this lease shall not terminate If Lessee commences additional drilling or reworking operations within ninety(g0)days
thereafter,this Lease that continue for so long thereafter as Oil and Gas is produced from the Land or from other Lands pooled or combined with the Land or operations are being
conducted for the exploration for or production of 00 and Gas on any such Lands.It at the expiration of the primary term 00 and Gas Is not being produced on the land or on Land
pooled or combined therewith but Lessee is then engaged in drilling or reworking operations thereon,this lease shall remain In effect so long as operations are prosecuted either on the
same well or any other well thereafter commenced with no cessation of more than six(6)months:and if they result in the production of 00 and Gas,this Lease shall remain in effect
so long thereafter as such production continues.
8.If Lessor owns a lesser interest in the Land than the entire and undivided lee simple estate to the Oil and Gas therein,then the royalties and rentals herein provided shall be paid
to Lessor only in the proportion which Lessor's Interest bears to the whole and undivided fee.However,such rentals shall be increased at the next succeeding rental anniversary after
any reversion having occured to cover the interest so acquired with notice of said reversion by Lessor to Lessee.
9. Lessee shall have the right at anytime without Lessor's consent to surrender all or any portion of the leased premises and be relieved of all obligations as to the acreage
surrendered.Lessee shall have the right at anytime during or after the expiration of this lease to remove all property and fixtures placed by Lessee on said Land,including the right to
draw and remove all casing. When required by Lessor, Lessee will bury all pipelines below ordinary plow depth, and no well shall be drilled within two hundred(200)feet of any
residence or barn now on said Land without Lessors consent The Lessee agrees to promptly pay to the owner thereof any damages to crops,or improvements,caused by or resulting
from any operations of lessee.In the event Lessor and Lessee fat to agree on the amount of damages caused by Lessee's operations,Lessor and Lessee hereby agree to allow an
arbitration committee set the specific amount of damages incurred. Lessor and Lessee shall each choose an arbitrator,who in turn will pick a third arbitrator to determine the fair
settlement amount for damages,said settlement to be determined within fifteen business days of obtaining arbitrators.Lessor and Lessee agree to be bound by the derision of the
Arbitrators.
10.The breach by Lessee of any obligation arising hereunder shall not work a forfeiture or termination of this Lease nor cause a termination or reversion of the estate created
hereby not he grounds for cancellation hereof In whole or in part.In the event Lessor considers that operations are not at any time being conducted in compliance with this Lease,
Lessor shall notify Lessee,In writ 99,or the facts relied upon as constituting a breach thereof; and Lessee,if in default, shall have a reasonable period of time after receipt of such
notice in which to commence the compliance with the obligations Imposed by virtue of this Instrument.The provisions of this paragraph shall be applicable to the payment by Lessee of
shut-in gas royalty except to the extent that the time for the lessee to cure any nonpayment thereof is otherwise stated herein.
11.The rights of either party hereunder maybe assigned in whole or in part,and the provisions hereof shall extend to the heirs,successors and assigns of the parties hereto,but no
Change or division in ownership of the Land,rentals,or royalties, however accomplished,shall operate to enlarge the obligations or diminish the rights of lessee. No change in the
ownership of the Land,or any Interest therein,shall be binding on Lessee until Lessee shall be furnished with a certified copy of all recorded instruments,all court proceedings and all
other necessary evidence of any transfer, Inheritance, or sale of said rights.In event of the assignment of this lease as to a segregated portion of said land,the rentals payable
hereunder shall be apportionable among the several leasehold owners ratably according to the surface area of each,and default in rental payment by one shah not affect the rights of
other leasehold owners hereunder. In case Lessee assigns this lease, In whole or In part,Lessee shall be relieved of all obligations with respect to the assigned portion or portions
arising subsequent to the date of assignment.
12.Lessor further agrees that should Lessee be prevented from complying with any express or implied covenant of this lease by reason of war,public enemy,Insurrection,strikes,
riots, fires. storms, floods, epidemics, compliance with or obedience to any Federal, State or County law or any regulation, rule or order of any governmental authority having
jurisdiction;or any other circumstances reasonably beyond Lessee's control(other than financial),whether similar or dissimilar from those enumerated,from continuing operations as
to said lease,then,Lessee shall be excused during the period it is actually prevented by such causes from the performance of its obligations of this lease.As soon as the circumstances
necessitating the termination of operations shall cease, lessee's obligations herein shall resume. Lessee agrees to promptly give notice to Lessor of the commencement of and/or
termination of any torte majeure matter and to diligently pursue a remedying of the same.
13.Lessor hereby warrants and agrees to defend the title to said Land and agrees that Lessee at its option may discharge any tax,mortgage or other lien upon said Land either in
whole or in part,and in event Lessee does so,It shall be subrogated to such lien with the right to enforce same and apply rentals and royalties accruing hereunder toward satisfying
same.Lessors,for themselves and their heirs,successors,and assigns,hereby surrender and release all right of dower and homestead In the Land insofar as said right of dower and
homestead may in anyway affect the purposes for which this lease is made as recited herein.
14.In the event that Lessor,during the primary term,or any extension thereof,of this lease receives a bona fide offer which Lessor is willing to accept from any party offering to
purchase from Lessor a lease covering any or all of the Oil and Gas covered by this lease and covering all or a portion of the Land described herein,with the lease becoming effective
upon expiration of this lease,Lessor hereby agrees to notify Lessee in writing of said offer immediately,Including in the notice the name and address of the offeror,the vice offered
and all other pertinent terms and conditions of the offer.Lessee,for a period of twenty business days after the receipt of the notice,shall have the prior and preferred right and option
to purchase the lease or part thereof or Interest therein,covered by the offer at the price and according to the terms and conditions spedtled in the offer.All offers made up to and
including the last day of the primary tern of this lease shall be subject to the terms and conditions of this Section.Should Lessee elect to purchase the lease pursuant to the terms
hereof,It shall so notify Lessor in writing by mall or telegram prior to expiration of said 20day period.Lessee shall promptly thereafter furnish to Lessor the new lease for execution on
behalf of lessor(s)along with Lessee's sight draft payable to Lessor in payment of the specified amount as consideration for the new lease,such draft being subject only to approval of
title according to the terms thereof.Upon receipt thereof, Lessor(s)shall promptly execute said lease and return same along with the endorsed draft to Lessee's representative or
through Lessor(s)bank of record for payment.
All of the provisions of this lease shall inure to the benefit of and be binding upon the parties hereto;their heirs,administrators,successors and assigns.
This agreement shall be binding on each of the above named parties who sign the same,regardless of whether It Is signed by any of the other parties.If the Lessor herein is more
than one person,this lease may be executed In counterparts,and each counterpart hereof,when executed by a named Lessor,shall constitute lease of the executing Lessor's interest
and the counterparts together shall constitute a lease of the entire Interest of the named Lessors.
IN WITNESS WHEREOF,this instrument is executed as of the date first above written.
Signature Taxpayer Identification or SS No.
essor:
L.7sA.1� 501-54-1254
s A. Anderson
A(' -7tY9,3
Helen Anderson
ACKNOWLEDGMENTS FOR USE IN ARIZONA,OREGON,NEBRASKA,KANSAS,COLORADO,WYOMING,N.DAKOTA,NEW MEXICO
STATE OF 1,otO ca d 0 ) (INDIVIDUAL ACKNOWLEDGMENT) ....
COUNTY OF Weld )ss. rrr,,.,r,,,,...
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BEFORE ME,the undersigned,personally appeared Jess A. Anderson and Helen Anderson ,to top latoyan'td¢e the idpnlizt,,„::
'•
person(s)described in and who executed the within and foregoing instrument of writing and acknowledged to me that he/she duly executetidhe true ae-gs/tr 1%y and. :'
cy ^�
voluntary act and deed for the uses and purposes therein set forth. 3 pt[ -
�I C'"^ J •'� . oIN WITNESS WHEREOF,]have hereunto set my hand and affixed my notarial seal this tit W day of �1 Qn z d,'20tr � C` 4,
My Commission Expires: 10"14-21001n vi ,,T SH 1•1OLw ".•
Notary Public
""
FATE OF ) CORPORATE ACKNOWLEDGMENT)
)ss.
COUNTY OF
The foregoing instrument was acknowledged before Inc this day of ,2004,
By of
a corporation,on behalf of the corporation.
My Commission Expires:
Notary Public
111111111111 IIIII 1111 IIII 1111111111111 III IIIII IIII IIII
3148788 01/28/2004 04:45P Weld County, CO
2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder
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CFORM L S-83 PAID-UP 68-PRODUCERS 1 111111 11111 11111 113 111111 111111 11111 III 111111111101
3148378 01/2712004 04:47P Weld County, CO
1 of 2 R 11.00 D 0.00 Steve Moreno Clerk&Recorder
OIL AND GAS LEASE
THIS AGREEMENT,made and entered into thisiS+ day of January.2004 by and between Town of Windsor,301 Walnut Street.Windsor.CO 80550 Party
of the first part,hereinafter called Lessor(whether one or more)and Prima Oil S ON Company.109918"'Street.Suite 400.0 ,CO 80202
Party of the second part,hereinafter called Lessee.
WITNESSETH:
1.That Lessor,for and in consideration of Ten Dollars(S10.00)and other good and valuable consideration,paid in advance upon the execution hereof,receipt of which as full and
adequate consideration for all rights granted herein is hereby acknowledged,and of the covenants and agreements hereinafter contained to be paid,kept,and performed by Lessee,
has this day granted,demised, leased,and let,and hereby grants,demises, leases,and lets exdusiveiy unto Lessee for the purpose of Investigating,exploring,and prospecting by
geophysical and other methods,and drilling,mining,and operating for and producing oil,gas,casinghead gas,casinghead gasoline,other hydrocarbons,and other minerals and gases,
or either or any of them, produced therewith(hereinafter for brevity, unless otherwise required by the context, all being jointly and severally referred to as Oil and Gas), laying
pipelines,building tanks,stations,power lines,telephone lines.and other structures thereon to explore for,produce,store,sell,treat,transport,and take care of all such substances,
and for housing and boarding employees In Its operations on said lands or
adjacent Land,the following described tract of Land(hereinafter referred to as the"Lane")in Weld County,State of Colorado to wit:
Township 6 North.Range 57 West.8"'P.M.
Section 34:Two Parcels of land in the 8/2 of Section 34 described as follows:
Parcel One.
Commencing at the West Quarter Corner of Said Section 34 and considering the West line of the Southwest Quarter of Said Section to bear
South 13°34'40'East with all bearings contained herein relative thereto;thence along said line,South 13°34'40'East,1560.55 feet,thence
South 90°00'00'East,72.85 feet more or less to the Northwest Coiner of that parcel of land described In Book 766 under Reception No.
1688432 of the real estate records of Weld County;said point being the true point of beginning;thence along the North line of said parcel
South 90°00'00'East,2683.99 feet to the Northeast Corner of said parcel;thence along the West line of a parcel of land described in Book
625,under Reception No.1547170 of the records of Weld County,North 00°00'00-West 209.00 feet;thence South 18°50'07'West,157.99
feet;thence South 65°59'18"West,77.05 feet;thence North 89°43'18'West,1157.23 feet; thence North 89°47'25"West,890.75 feet thence
North 74°11'26"West,112.97 feet;thence South 75°09'26'West,90.32 feet;thence South 68°12'32'West,326.96 feet to the Easterly right
of way line of Colorado State Highway#257;thence along said right of way line,South 13°20'36'East,35.38 feet to the true point of
beginning.
and
Parcel Two.
Considering the South line of said Section 34 as bearing South 84.16'12'West and with all bearings contained herein relative thereto.
Beginning al the South'A Corner of said Section 34,said South''Corner being the point of beginning;thence South 84°16'32'West,438.07
feet;thence North 00°00'00'East,1180 feet;thence South 90°00'00'East,1890 feet;thence South 00°00'00'West,990.49 feet to a point on
the South line of said Section 34;thence South 84°16'32"West,and along said Section line 1461.93 feet to the point of beginning.
In addition to the Land above described,It is the intention of the parties to include within this Lease,and Lessor does hereby grant,lease and let exdusiveiy unto Lessee to the same
extent as if specifically described herein,not only the specified Oil and Gas Land described,but also all Lands owned or claimed by Lessor which are adjacent,contiguous to or form a
part of the Lands above particularly described, including all Oil and Gas underlying lakes, rivers,streams, roads,easements and rights-o/-way which traverse or adjoin any of said
Lands.For rental payment purposes,the
land included within this lease shall be deemed to contain 81.062 gross acres,whether It actually comprises more or less.
2.TO HAVE AND TO HOLD the same for a tern of five years from and after the date hereof(called"primary term")and so long thereafter as Oil and Gas is produced from the land
or from Lands with which the land is pooled or combined therewith by Lessee,operations are being conducted on the land or upon other Lands combined or pooled by Lessee with the
Land for the exploration for and/or production of the same,all as herein provided,
3.THIS IS A PAID-UP LEASE.In consideration of the down cash payment,Lessor agrees that Lessee Shall not be obligated,except as otherwise provided herein,to commence or
continue any operations during the primary term.Lessee may at any time or times during or after the primary term surrender this lease as w all or any portion of said land and as to
any strata or stratum by delivering to Lessor or by Idling for record a release or releases,and be relieved of all obligation thereafter accruing as to the acreage surrendered.
4.The royalties to be paid by Lessee are:(a)on oil,one-eighth of that produced and saved from said Land,the same to be delivered at the wells,or to the credit of Lessor into the
pipeline to which the wells maybe connected; Lessee may from time to time purchase any royalty oil in its possession,paying the market price therefor prevailing for the field where
produced on the date or purchase, (b)on gas, including casngheed gas or other hydrocarbon substance, produced from said land and sold or used off the premises or In the
manufacture of gasoline or other products therefrom,the market value at the well of one-eighth of the gas so sold or used,provided that on gas sold at the wells the royalty shall be
one-eighth of the amount realized from such sale.The Lessor to have gas free or charge from any gas well on the leased premises for stoves and inside lights in the principal dwelling
on said Land by making his own connections with the well,the use of said gas to be at the Lessor's sole risk and expense.Lessee shall have free use of oil,gas and water from said
Land,except water from Lessor's wells,for at operations hereunder,and the royalty on on and gas shall be computed after deducting any so used.Where oil and/or gas from a well
capable of or which could be made capable of producing oil and/or gas Is not sold or used for a period of one year,Lessee shall pay or tender as royalty One Dollar per year per acre of
the Land hereunder applicable to such well(such payment or tender to be made on or before the anniversary date of this Lease next ensuing after the expiration of one year from the
date such well is shut-In or becomes capable el producing and thereafter on the anniversary date of this Lease during the period such well B shut-in or remains nonproducing)to the
Lessor. If such payment or tender Is made, It will be considered that oil and/or gas is being produced from the land within the meaning of paragraph 2 above.The Lessee may
suspend drilling operations on any natural gas well at any time during the drilling of said well after the penetration of any natural gas bearing formation with potential for commercial
production when there is presently not a market for the natural gas and further drilling of said well,in the Lessee's reasonable judgement,will render the condition,pressure,quantity
and/or any other aspect of the natural gas to be such as would be detrimental to the marketability of natural gas from said wells.A well which is suspended and capped in this manner
will be deemed capable of producing natural gas as that term is employed in this paragraph,
5.Lessee shall have the right to drill to completion with reasonable diligence and dispatch:(1)any well commenced within the primary term or any extended term of this lease and
(2)any well commenced within ninety(90)days of the completion of a well which has been commenced within either such term.ff Oil and Gas shall be found in paying quantities in
any such well,this Lease shall continue to be in force with like affect as If such well has been completed within the primary term or any extended term of this Lease.Lessee shall also
have the right to drill to completion with reasonable diligence and dispatch any well which has been suspended and capped as referred to in paragraph 4 above at such time as natural
gas can be marketed therefrom,and it is expressly agreed that the Lessee wit act with reasonable diligence to market the natural gas in said suspended well.
6.Lessee is hereby granted the tight and power to pool,unitize,or combine the Land(hereinafter commonly referred to as'pooling")covered by this Lease,or any portion thereof,
with other land,lease,or leases in the vidnity thereof at anytime.and from time to time,whether before or after production,when in Lessee's judgement it is necessary or advisable
to do so.Such pooling shall be effected by Lessee's executing and filing,In the office where this Lease is recorded,an instrument Identifying and describing the pooled acreage.The
production of pooled substances and development and operation on any portion of a unit so pooled(including the commencement,drilling,completion,and operation of a well thereon)
shall be considered and construed and shall have the same effect,except for the payment of royalty,as drilling,completion,production,development,and operation on the Land under
the terms of this lease,regardless of the formation or formations pooled or combined.The royalties herein provided shall accrue and be paid to Lessor on pooled substances produced
from any such unit in the proportion,but only in the proportion,that lessor's acreage interest in the land covered hereby and placed in the unit bears to the total acreage in such unit.
Lessee also shall have the right to unitize,pool,or combine all or any part of the Land with other Lands in the same general area by entering Into a cooperative or unit plan or
development or operation approved by any governmental authority and,from time to time,with like approval,to modify,change or terminate any plan or agreement and,In such
event,the terms,conditions,and provisions of this lease shall be deemed modified to conform to the terms,conditions,and provisions of such approved cooperative or unit plan of
development or operation and. particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by the event that said Land or any part
thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the
Land covered by said plan,then the production allocated to any particular tract of Land shall,for the purpose of computing the royalties to be paid hereunder to Lessor,be regarded as
having been produced from the particular vacs of land to which it is allocated and not to any other tract of Lana;and the royalty payments to be made hereunder to Lessor shall be
based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and
approved by any governmental agency by executing the same upon request of Lessee.
7.If prior to the discovery of Oil and Gas on the Land or on Land pouted therewith Lessee drills a dry hole or holes thereon or if after discovery of Oil and Gas,production thereafter
should cease for any cause for a period of ninety(90) days,this lease shall not terminate if lessee commences additional drilling or reworking operations within ninety(go) days
thereafter,this Lease shall continue for so long thereafter as Oil and Gas is produced from the land or from other Lands pooled or combined with the land or operations are being
conducted for the exploration for or production of Oil and Gas on any such Lands.It at the expiration of the primary term Oil and Gas is not being produced on the Land or on Land
pooled or combined therewith but lessee is then engaged in drilling or reworking operations thereon,this lease shall remain In effect so long as operations are prosecuted either on the
same well or any other well thereafter commenced with no cessation of more than six(6)months:and if they result in the production of Oil and Gas,this Lease shall remain in effect
so long thereafter as such production continues.
8.0 Lessor owns a lesser Interest in the land than the entire and undivided fee simple estate to the Oil and Gas therein,then the royalties and rentals herein provided shall be paid
to Lessor only In the proportion which Lessor's interest bears to the whole and undivided fee.However,such rentals shall be increased at the next succeeding rental anniversary after
any reversion having occurred to cover the interest so acquired with notice of said reversion by Lessor to Lessee.
9. Lessee shall have the right at anytime without Lessor's consent to surrender all or any portion of the leased premises and be relieved of all obligations as to the acreage
surrendered.Lessee shall have the right at anytime during or after the expiration of this lease to remove all property and fixtures placed by Lessee on said land,including the right to
draw and remove all casing.When required by Lessor, Lessee will bury all pipelines below ordinary plow depth,and no well shall be drilled within two hundred (200)feet of any
residence or barn now on said Land without lessors consent The Lessee agrees to promptly pay to the owner thereof any damages to crops,or improvements,caused by or resulting
from any operations of lessee. In the event Lessor and Lessee fall to agree on the amount of damages caused by Lessee's operations,Lessor and Lessee hereby agree to allow an
arbitration committee set the specific amount of damages incurred. Lessor and Lessee shall each choose an arbitrator, who In tum will pick a third arbitrator to determine the fair
settlement amount for damages,said settlement to be determined within fifteen business days of obtaining arbitrators. Lessor and Lessee agree to be bound by the decision of the
Arbitrators.
10.The breach by Lessee of any obligation arising hereunder shall not work a forfeiture or termination of this Lease nor cause a termination or reversion of the estate created
hereby not he grounds for cancellation hereof in whole or in part.In the event Lessor considers that operations are not at any time being conducted in compliance with this Lease,
Lessor shall notify Lessee, in writing,of the facts relied upon as constituting a breach thereof; and Lessee,if in default,shall have a reasonable period of time after receipt of such
notice in which to commence the compliance with the obligations Imposed by virtue rX this instrument.The provisions of this paragraph shall be applicable to the payment by Lessee of
shut-in gas royalty except to the extent that the time for the lessee to cure any nonpayment thereof Is otherwise stated herein.
II.The rights of either party hereunder maybe assigned in whole or in part,and the provisions hereof shall extend to the heirs,successors and assigns of the parties hereto,but no
change or division in ownership of the Land, rentals,or royalties,however accomplished,shall operate to enlarge the obligations or diminish the rights of lessee. No change in the
ownership of the Land,or any interest therein,shall be binding on Lessee until Lessee shall be furnished with a certified copy of all recorded instruments,all court proceedings and all
other necessary evidence of any transfer, inheritance,or sale of said rights.In event of the assignment of this lease as to a segregated portion of said Land,the rentals payable
hereunder shall be apportionable among the several leasehold owners ratably according to the surface area of each,and default in rental payment by one shall not affect the rights of
other leasehold owners hereunder. In case Lessee assigns this lease, in whole or in part, Lessee shall be relieved of all obligations with respect to the assigned portion or portions
arising subsequent to the date of assignment.
12.Lessor further agrees that should Lessee be prevented from complying with any express or implied covenant of this lease by reason of war,public enemy,insurrection,strikes,
riots, fires storms, floods, epidemics, compliance with or obedience to any Federal, State or County law or any regulation, rule or order of any governmental authority having
jurisdiction;or any other circumstances reasonably beyond Lessee's control(other than financial),whether similar or dissimilar from those enumerated,from continuing operations as
to said lease,then,Lessee shall be excused during the period it is actually prevented by such causes from the performance of its obligations of this lease.As soon as the circumstances
necessitating the termination of operations shall cease, lessee's obligations herein shall resume. Lessee agrees to promptly give notice to Lessor of the commencement of and/or
termination of any force majeure matter and to diligently pursue a remedying of the same.
13.Lessor hereby warrants and agrees to defend the title to said Land and agrees that Lessee at its option may discharge any tax,mortgage or other lien upon said Land either in
whole or in part,and In event Lessee does so, it shall be subrogated to such lien with the right to enforce same and apply rentals and royalties accruing hereunder toward satisfying
same.Lessors,for themselves and their heirs,successors,and assigns,hereby surrender and release all right of dower and homestead In the Land Insofar as said right of dower and
homestead may in anyway affect the purposes for which this lease is made as recited herein.
1a.In the event that Lessor,during the primary term,or any extension thereof,of this lease receives a bona fide offer which Lessor Is willing to accept from any party offering to
purchase from Lessor a lease covering any or all of the Oil and Gas covered by this lease and covering all or a portion of the Land described herein,with the lease becoming effective
upon expiration of this lease,Lessor hereby agrees to notify Lessee in writing of said offer immediately,including in the notice the name and address of the offeror,the price offered
and all other pertinent terms and conditions of the offer.Lessee,for a period of twenty business days after the receipt of the notice,shall have the prior and preferred right and option
to purchase the lease or part thereof or interest therein,covered by the Offer at the price and according to the terms and conditions specified in the offer.All offers made up to and
Irduding the last day of the primary term of this lease shall be subject to the terms and conditions of this Section.Should Lessee elect to purchase the lease pursuant to the terms
hereof,it shall so notify Lessor in writing by mail or telegram prior to expiration of said 20day period.Lessee shall promptly thereafter furnish to Lessor the new lease for execution on
behalf of Lessor(s)along with Lessee's sight draft payable to Lessor in payment of the specified amount as consideration for the new lease,such draft being subject only to approval of
title according to the terms thereof,Upon receipt thereof, Lessor(s)shall promptly execute said lease and retum same along with the endorsed draft to Lessee's representative or
,Jtvuugh Lessor(s)bank of record for payment.
All of the provisions of this lease shall Inure to the benefit of and be binding upon the parties hereto;their heirs,administrators,successors and assigns,
This agreement shall be binding on each of the above named parties who sign the same,regardless of whether it is signed by any of the other parties.If the Lessor herein is more
than one person,this lease may be executed in counterparts,and each counterpart hereof,when executed by a named Lessor,shall constitute lease of the executing Lessor's interest
and the counterparts together shall constitute a lease of the entire interest of the named Lessors.
IN WITNESS WHEREOF,this instrument is executed as of the date first above written.
Signature Taxpayer Identification or SS No.
Lessor:
Town of Windsor
By:
W.Wayne Miller,M yor of the Town of %oor••••h
Attested: ♦ ♦ ♦
SEAL .�
B : q NJ'
Cathy Kennedy own Cler for the Tow
r
.KNOWLEDGMENTS FOR USE IN ARIZONA,OREGON,NEBRASKA,KANSAS,COLORADO,WYOMING,N.DAKOTA,NEW MEXICO
STATE OF ) (CORPORATE ACKNOWLEDGMENT)
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,2004,
By of
a corporation,on behalf of the corporation.
My Commission Expires:
Notary Public
STATE OF ) (CORPORATE ACKNOWLEDGMENT)
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,2004,
By of
a corporation,on behalf of the corporation_
My Commission Expires:
Notary Public
11111111111 11111111111111111111111111'111'11111111
3148378 01/27/2004 04:47P Weld County, CO
2 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder
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