HomeMy WebLinkAbout20052653.tiff 099 When recorded return to: I I��III IIIII IIIII 111111111111111111111IlII 11111 IIII IIII
JFrank L.Robinson,Esq. 3295099 06/15/2005 02:69P Weld County, Co
Often Johnson Robinson Neff&Ragonetti P.C.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 S1,712,000.00,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
*aBy: L IY.y, I�i
;e11:74 , � ,�o Its: Secraarl
l* ccc 9SOSD%ACC
2005-2653
APR-21-2005 THU 08:58 AM LAMA MERICA RESEARCH CEN FAX NO. 970-352 0642 P. 05
, . 7
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Transnation Title Insurance Company Ifiereby 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 thelmost recent deed recorded prior to August 30,
1972.
LEGAL DESCRIPTION
Lot A of Recorded Exemption No. 0807F35-1-RE1244, recorded March 19, 1990 in
Book 1258 as Reception No. 2208246, being a part of 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.
CONVEYANCES (If none appear, so stake):
Reception No. 1172941 I Book 1380 at Page 358
Reception No. 2208859 I Book 1259
Reception No. 2208865 r Book 1259
Reception No. 2208866 I Book 1259
Reception No. I Book _
This certificate is made for the use ancI benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of ansnatlon Title Insurance Company Is hereby
limited to the fees paid for this Certificate.
i
In Witness Whereof, Transnation Title Insurance Company, has caused this Certificate
to be signed by its proper officer this 1 th day of April, 2005, at 7:00 am.
Order No. TNGR0000476
Transnation Title Insurance
U
Company
By C aL
i Ahorized Signature
APR-21-2005 THU 08:58 AM L„ANnAMERICA RESEARCH CEN FAX NO 970_352 0642 P, 06
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1010W.'ALL Man TEES! ffFBENTS, That w1 ;HENRY HERGERT and
DAVE HERGERT, as.aaeentor■ of the'estate Ot Ootfret Hargett, de- ,
ceased, late of the 'County of:;Weld and State of Colorado, first
parties* covenant;with TE LIEHRLfCEo 'he,Coue e County
We of ld, and
and
the State of Colorado second ;party, that, '
party 'certain real property ant rater rights therewith hereinafter
_ more particularly described,.
This deed iimade bY1 r
;Q ' 'the first parties as such executors by 2`
virtue of the authority of the Will of said deceased, who dived
August 8 1953: said Will vie admitted to probate and record by
the Countyy Court of Weld County. ;Colorado on the 17th day of
-August„1953, end;'.'the maid Court,appointed said-first parties as • 4
executors to seakrand dispose of the hereinafter described property
'T5r: id of 'sea estate-without.having to obtain leave of Court therefor, 15GG
laU and' esid Will gives to the secot`:party, who at the time of death, Ai
of said;deceased was living upon.:and cultivating the hereinafter ,(
described farm, the option for tour (1) months from the death of i-
i4iid deceased;' to",purchase the +aid property at appraised price,
'aea. 'the'same has .been appralaedaatOthe'value of $29,000.00 by the .;�
�^ appraisers d ointed by said !C0mWdad;the said appraisement has
oved rthe second, pertl,Ygrantee herein has, on ?loves-
,,,c ,t,4•"" +10, 1953,�elected„to. purchase said farm and water rghts at ' i{
Ni,
1 jj��a6d price• �
' •; ` NOW THER$FOREf in consideration of the sum of $7,250.00 cash t
tend Note:and >tirex Deed:of trust back upon said .farm end water '
I l l `lights fop $21- 750»oOi"payable,in' five 5) equal annual instalments i f'
ttrom February a:. 95'►, td;the,filet parties in hand paid and l
dew panteedd, �Y-s i Conveyed and9by these presents r
.
o..bargain grant ,mall, convey,y�and cotif3s>t Onto• tho said second
' J c In I I . ty sllcthelfolieving(d,escribedireal •estate and water rights
j �;owc 'situate inil th"ei'Cowrti-o :.WsTd,and''Sta to of:Colorado, and in the 9
-- -JortharniyColorado-Water r;aril ,District, to-wit: ₹
F ,
: ._
:; About scram, more or Teas,,6eingt '
fir:. The, North: iit of a,t'he Nor'theas`t Quar,teir (1(/2 tam of 4{
x : Section Thirty tiVe It-35YY Tornahip Stx (6);North, ,i
rc,:. Range Sixtyhtbran,:(67 West .of'the 6th P.M. ,,tith * .
• sp m DI ,'4!�• , irigation water by Ieight'(8)' shares of The lhitney �.
aw« Irrigation Company. I
The :second party, as ,purchaser, shall have the sole and
7 exclusive_right and power to make leases of the whole oil, I L:.
gas and mineral rights in the said lands, and to receipt '
for all' bonuses, ,delay,monies', rentals and royalties j ;
therefor, without joinder ,of the"executors as first
parties hereto, but*ith•duty of the second party as )'
111 III Purchase tol accounttSot and pay over to the executors 1
I
{ all bonus -monies •an& the: one-half (1/2) share of all ,
e:'s. ; delay rentals and of,„all royalties, reserving the remain- r
ing:one-halt"(1/2) share of delay rentals and royalties
to the second party;and';without any liability on the I '
lessee to see to therapplication of file proceeds thereof. 'd
After the estate isrfinally settledlin probate, such
payments to be madeito the executors shall then be divided
i into two parts, ane;pparr�t +thereof •to' the trustees for Eva
( Hergert under said Mill; the other part to the residuary - '
devisees thereunder:L , •
- Subject to taxes foT7�the year 1954, Payable in 1955, and
water assessments. falling.,'due'.in 1954, which second party assumes. I 1
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[ .., ,. . . .. ,
war13&0 359
TO HAVE AND TO HOLD THE AM, with all the appurtenances `
thereunto belonging, or in ise appertaining, to the proper
use, benefit and beboof of. t said party of the second pest,
the survivor of.hie( his. ass ns, and the heirs and assigns
of such survivor forever.
IN WITNESS maser, the laid parties
maser, of the first part, as
executors of the said estate a s aforesaid, have hereunto set their
iii( hands and seals the 10th day tof November, A. D. , 1953.
—' d(, S. 1 31. 90
(SEAL) lr
nry, er ert
Tci
(Sr:AL)
• awe erger ,
7V as executors of the estate of .550
Ootfret, Hergrrt, deceased.
?1/41.',P
.. • STATE OF COLORADO)_
.. COUNTY OY WELD ) m
The foregoing instrument was acknowledged before me ti.is
10th day of November, 1953, HANRY HEROFRT and DAVE hrji(I .1T,
As executors of the estate o Ootfret Bergen, deceased.
•
4% ^`° Mitaess ey hand and of . i 1a1 seal.
u , ''. . •E Sion expires: ` J/ ���
9 o expires OeC l 'Si
•
�CU,161A
�R oww • 'Notary 11a
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•
•
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1
APR-21-2005 THU 08:58 AM LANnAMERICA RESEARCH CEN FAX Na 970-352 0642 P. 08
AE2208851 a 1239 REC 02208859 03/26/90 09:41 $15.00 1/003
Prepared by; B 0590 NAY ANN $EUERSTRIR CLERK 6 RECORDER WELD CO. CO
HASLER, FONPARA AND NXNELL
Attorneys at Law
Post Office Box 2267
Port Collins, CO 80522
St9 DDommen AA F
U
S.........IIMBASITILAKIM `'r:.. ....«...., ..
THIS DEED, made this 21st day of March, 1990, by and between
ESTHER EHRLICH, whose mailing address, for purposes of this
Warranty Deed. is 11370 Highway 60, Milliken, Colorado 80043
("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, Port Collins,
Colorado 80525 ("the Grantee") .
!�! t2c•vv 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 hereditament. 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 bereditaments
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 waver: 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,
APR-21-2005 THU 08:59 AM LANn4MERICA RESEARCH CEN FAX NO. 970-252 0642 P. 09
0-. 1259 RIC• P 0599 MARYgANN PEUERWTEIH'CCLU E s RECORDER
OWOW CO,OOCO0
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 fur
the current year: and expressly subject to all et 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 Rergert Family Trust by the terms of the Judgment and
Decree dated December a7, 198x, 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 end 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
sucessors 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.
CH
STATE OF COLORADO )
) as.
COUNTY OP TAMER )
The foregoing instrument was acknowledged before �i°:a;
21st day of March, 1990, by ESTHER ENRLICH. / , Y s'..o.
WITNESS my hand and official seal. "A I c :
My commission expires: 1///0/0) b.Tat•Y QN'�/ _°°`
dd- c'N ..........• pa
clef E,,,.•
" Notary Public
- a -
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• B 1259 Ric 02208859 03/26/90 09:41 015.00 3/003
F 0600 NARY ANN FEOERSTEIN CLERK i RECORDER WELD 00, CO
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED
BETWEEN ESTHER EHRLICH ("THE GRANTOR") AND wINDSOR RESoopeR
CORPORATION ("TEE GRANTEE")
LEGAL DE8CRJVTION
0-251.222111222
Lots A and B of Recorded Exemption No. 08O7-35-1-
RE1244, recorded March 19, 1990, in Book 1258 as
Reception No. 02208246, being the Nl/2 of the NE1/4 of
Sect on 35, Township 6 North, Range 67 West of the
6th P.N., County of Weld, State of Colorado.
(Street address: 30801 Weld County Road 23, Greeley,
Colorado)
TOGnaER 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 Ppproperty, including, but not by way
of limitation, eight (8) shares e2 the capital stock
of The Whitney Ire gation Company and one (1) water tap
in the city of Greeley.
Including all of Grantor's right, title and interest in
and to (i) 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 02098470 of
the Weld County, Colorado records.
r
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ARd2DS01.s 1259 ERC 02209865 03/26/90 09;46 015.00 1/003
F 0613 NARY UAW VWEPSTEIN cams & RECORDER WELD CO, CO
:SPECIAL WARRANTY reig Dy .3 14r,:,Y,fi,•,.,,
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 ■ of this
Deed, is 760 Whalers Way, Suite A200, Fort Coll , Colorado
00525 ("the Grantor") and EASTMAN SODAS CCNPANY, a New .jersey
Corporation, the sailing address of which, for purposes of this
Deed, is Windsor, Colorado 80551 ("the Grantee"),
A+!• WITWESSETN:
That the Grantor, for and in consideration of the sea of
Ten Dollars (010.00) and other good end 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 lmprovasents, 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 bereditasants and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, reminder and reminders, rents,
issues, and profits thereof; and all the estate, title, title,
interest, claim, and depend whatsoever of the Grantor, either in
law or equity, of, in, and to the Property, with the
hezeditaments and appurtenances.
TO NAVE 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
parsons 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 Boning and
other governmental rules and regulations, real taxes for
1990 and all aubeegaent years; and existing leases or notes.
IN WITNESS WHSRNOF, the Grantor has executed this special
warranty Deed on the date Set forth above.
WINDSOR RaCURCE CORPORATION,
s a Colors oration
v to rn. er, a , Pres t
Ot'O fa. rotary
0 :twat
1 OF COLORADO )
) en.
COUNTY OF LAMER )
The foregoing inetrusent was acknowledged before me this
23rd day of March, 1990, by Craig garrison, as President, end
Timothy W. gaoler, as Assistant Secretary, of WINDSOR.
CORPORATION, a Colorado Corporation. ..n
WITNESS my hand and official seal. i)"f •�•.�4• •
I ..4 y1�.
xy coesission expires: ;f/l b i Q d 'ie3^q e"p °i.
�a_71
0-14 � /TG rn awl— a atge y'•
Notary Publics
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▪ 1259 RIC 02206865 03/76/90 09i46 615.00 2/003
P 0614 NARY ANN FBMERSTBIM CLERT 6 RECORDER 1BLO CO, CO
SXI1IhIT "A" ATTACH TO AND NABS A PART 0? THE SPECIAL WARRANTY
DEED HEM1ES= WINDSOR RESOORCS CORPORATION ("TEE GRANTOR") AND
BABT1AM EODAR COMPANY ('TRH GRANTEE•)
LIffigaltgaTZUM
Dr TIgh as,x
papal 1 (Par. 63A1;
Lot A of Recorded Rximptien Mo. 0807-26-4-RB4SS, being
the M1/2 of the 951/4 of section 26, Township 6 North,
Range 67 West of the 6th P.N., County of Weld, State of
Colorado.
(Street address: 31459 Wald County Road 23, Greeley,
Colorado)
TOSETIBR WITH one (1) City of Greeley water tap.
'area 2 (Pars 22B1t
Lot 8 of Recorded Exemption No. 0007-26-4-R1455, being
the M1/2 of the 951/4 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)
pggcel 3 (Parr 64);
Lot A of Recorded Exemption Mo. 0607-26-4-881745,
recorded March 19, 1990, in Rook 1258 as Reception
NO. 02208245, being a part of the 81/2 of the sE1/4 of
Section 26, Township 6 Worth, Range 67 West of the
6th P.N., County of Weld, State of Colorado.
(vacant land, no street address assigned)
parcel 4 (Pare 651:
Loots A and 8 of Recorded HxeSptioh N0. 0807-35-1-
R81244, recorded March 19, 1990, in Book 1258 as
Reception Io. 02206246, being the N1/2 of the 1011/4 of
Section 35, Township 6 North, Range 67 West of the
6th P.N., County of Weld, State of Colorado.
(street address; 30601 Weld County Road 23, Greeley,
Colorado)
TOGETHER WITH one (1) City of Staley water tap.
pima 9 ;Parr deli
Lot 8 of Recorded exemption No. 0505-35-1-RE47a,
recorded January 31, 1981, in Hook 92S as Reception
No. 1847470, and Lot 8 of Recorded Exemption
No. 0807-4-35-85476, recorded January 21, 1981, in
nook 925 as Reception No. 1647477, all being a part of
the earth 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 Poudse 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)
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• 1259 nee 02208885 03/26/90 09;46 815.00 3/003
F 0615 NARY ANN PEOSRSTEIN CLERK a RECORDER WELD CO, CO
FAGS 2 TO EXHIBIT "A" ATTACHED TO AND NAVE A PART OF THE SPECIAL
WARkANTY DEED EETNEEN WINDSOR RUCHES CORPORATION ("TEE
GRANTOR") AND RAMTIRIN KODAK COMPANY ("THE GRANTER")
INSUJIMCRIZUNI
eP .nw vwevawnv
(continua! from Exhibit •A")
'arcs, 6 [Fare 871; -
A tract of land located in the WS/2 of Section 35,
Township 6 North, Range 67 West of the 6th P.N., being
more particularly described as follows;
Considering the West line of the NN1/4 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 OP BEGINNING; thence North 89.38'58" East
2633.96 feet along the North line of the 81/2 of the .,
NW1/4 of said Section 35 to an existing braes Cap set
by Kodak which is the intersection cf existing fence
lines: thence along a line approximating an existing
face line, South 00'18'00" East, 1324.77 feet to a pia
representing the approxiawte 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
882/4 of said Section 36; thence, along the said Beet
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 fest
to the Southwest corner of said Section 35; thence
North 20'51'38s West, 2448.14 feet to the west quarter
corner of said Section 35; thence along the said Vest
1140 of the NW1/4 North 00.24'01" West, 1324.92 fest to
the TRIM 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 end
reservoir rights belonging or in anyway eppertaining to
the above-described property, including, but not by way
of limitation, forty-six (46) shares of the capital
stook of The Whitney Irrigation Coepany.
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AR22066bh • B 1259 RIC 01 Q0866 09/26/90 09146 465.00 1/009
r 0616 MART PEORROTEIN CUM a RRCOhmfl MOLD CO, CO
en-
•
State Oocvmentry Fea
•
TMTS De , wade and I tared as of the -, 2—"day Of March,
RD
1990, between EASTMAN OPAHY, a New Jersey corporation
the moiling address of Soh, for of this Deed, is
Windsor, Colorado 80551 Grantor" , and MIROBOM fE$QD10C'B
CORPORLTIOR, a Colorado "potation, the mailing address of
which, for purposes of thi peed, is 760 Whalers Way, Snits moo, •
tort Collins, Colorado 805 9 ("the Grantees).
Pi. W1TMEsSrTB:
•
That the Grantor, ! and in consideration of the sum of
Ten Dollars ($10.00) and r good and valuable consideration,
the receipt and nutria!, of which ars hereby acknowledged,
• has granted, bargained, old, and conveyed, and by these
presents does hereby gr bargain, sell, convey, and confirm
unto the Grantee, its a ' snore and assigns, forever, all the
real property, together ith iaiprevawnte, if any, situate,
lying, and being in the ty of Wald, State of Colorado, which
is described on Exhibit 'As attached hereto and incorporated
herein by reference ("the property's).
TOCnan WITH all and singular the bersditasents and
appurtenances thereto bed ' ing, or in anywise appertaining, and
1
the reversion and reversi , remainder and remainders, rents,
issues, and profits the i and all the estate, title, title,
interest,claim,and whatsoever of the Grantor,either in
law or equity, oi, 1 and to the Property, with the .,
• hereditaments and appurtenances.
r TO RAW AHD TO HO Ithe Property with the appurtenances
unto the Grantee, its s rs and assigns, forever. The
Grantor, for itself and i [successors and assigns, does covenant
and agree that it shall will warrant and forever defend the
Property in the quiet a citable possession of the Grantee,
its successors and ass against all and every person or
persons
sh rsr claiming mi the vhn1 or any part thereof, by, through, or
The Grantor and the Grantee hereby expressly acknowledge
that the Property is beiconveyed free and clear of all liens
and encumbrances except end subject to all easements and
rights-of-way in place r of record, all Boling and other
governmental rules and ations; real property tattles for 1990
and all subsequent years and an existing agricultural lease
which expires on December 1, 1990.
Grant of Aariailznra saeeeents. The Grantor hereby grants
and conveys unto the G 4ntee, its successors and assigns,
forever, a perpetual, non-exclusive road easement and
right-cot-Way over and a es the existing roads which traverse
the parcel of real props y described on Exhibit •B" attached
hereto and incorporated [herein by reference ("the Retained
Parcel") and over and ac a any reads hereafter constructed on
• the Retained Parcel (or Loh are substituted for same). The
easement hereby conveyed 1 be non-exclusive, thereby allowing
the Grantor, its q end assigns, the right to use said
existing roads but not I the exclusion of the Grantee, its
successors and assigns. The easements hereby granted may be
utilized by the Grantee, its successors and assigns, only as
access easements in donne ion with farming or other agricultural
activities conducted on Lae . The Grantor, its
successors and assigns, !!hall have right, but not the
obligation, to maintain, ir, and rebuild the existing road or
roads (and any substitutes for).
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• F 0617 MARY ANN PEOUR$S'EIM CLENN a RECORDER VELD CO, CO
pestrictive covenant Neiaht Eeetrictisn. For a period of
twenty (70) years follow ng the data of this Special Warranty
Deed, no buildings, strUC nreS, or Other improvements of any kind
shall be constructed, areo$ed, or installed en the easterly five
hundred fast (SOO') of the Property *high exceed a height of
forty feet (40'). The fq ing restriction Shall run with the
Property and shall be b upon all parties having any right, •
title, or interest in Property, or any part thereof, and
shall inure to the bane! of the Grantor, its successors and
assigns, and to any e t owners of the real property which
is described On Exhibit attached hereto and incorporated
heerreeinlu y reference efen ("the of figy Property"). The Grantee, by
acceptingProperty, agrees that the
foregoing restriction sb{ l be binding upon the Grantee, its
successors and assigns, it any other party having any right,
txtla, or interest in the Property or any part thereof. The
Grantor, 108 successors and assigns, and any subsequent owners of
the Nenefitted Property, shall have the right to enforce the
foregoing restriction by proceedings at law or in equity against
any person or persons violating such restriction.
IN WITNESS WHEREOF, , Grantor and the Grantee has executed
this Special Warranty Deed' on the date set forth above.
EASTMAN KODAK COMPANY,
ATTEST: a New Jersey Corporation
_CoWttbiseC Ia BY b., b.,14ia.4�
Mist. �pcy. � , vice Pees.
WINDsoa fE60ORC8 conPOaATTzow,
a Colorado ration
30
O C° afar, era ,
taht Secretary
ktvrOdt
e,n•^•
STWTE OP NEW YORE )
COUNTY or /eloscep ) sir,
The foregoing inetsument le W before .*e this
by day of March, 199 by , iw.,..?F e,.,6Lt_ as
v�lPresident and . e a ..ate as Assistant
Secretary of EASTMAN EODAKriANY, a New Kersey Corporation.
WITNESS my hand and official see].
My commission expiresil
L6 •WOMI - J� toms.
unosigadisamu r
astt=orRa Notan'y ° `' °
I. o I' +
a PM w,/
d,a,
er
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•
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• F 0628 MARY and rrjzastnnu MIRK a RRCORDRR WELD CO, CO
STATE OP COLORADO )
)) ea.
COURTY or zaan at
The foregoing instrument Was acknowledged before as this
J{, gay of March, 1990, by Craig Morrison, as president, end
T y M. Hasler, A0 Assistant Recretary, of WINDSOR R880URCR
CORPORATION, a Colorado Corporation.
•
UTRRBR my hand end official seal. ...........
My commission expires: 1,/,p �r. 'r 'y.„ %`o
ry ire
1
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•
• 7 0619 NARY ANN PEOERSTEIN CLERK & RECORDER WELD CO, CO
•
EXHIBIT Tk
2. Covering the Land in the State of Colorado, County of Weld.
Described es;
PARCEL 1:
A parcel of land located in Sections 28 and 29, Township 6 North,
hangs 67 meet or the 6th P.N., none particularly described as
follows:
COMMENCING at the Northwest corner of said Section 28, and
considering the North line of the Northwest Quarter of Section
2$ to bear South 89'36'20" East with all bearings contained herein
relative thereto;
thence South 34'07'42" East, 84,95 feet to a point On the South
right-of-way line of Veld County Road 66 as recorded in Book 924,
under Reception Number 1846035 of the records of Weld County, said
point being the TIDE POINT OP BEGINNING.
Thence along said right-of-way line the following 2 courses:
South 89'36'47" East, 931.38 feet;
North 60'49'46" east, 147.22 feet to a point oa the South line
of a parcel of land as recorded in Book 924, under Reception Nu,nber
1845543 of the records of Meld County.
Thence along said Southerly line the following 6 courses:
south 46'SS'00" East, 55.51 feet,
South 57'15'00" East. 70.00 feet,
South 70'45'00• East, 87.00 feet,
south 89'36'20' Eaat, 140.00 feet,
North 80'49'49' East, 80.00 feet,
North 75'26'00" East, 60.00 feet,
to a point oa the South line of a parcel of land as recorded in
Book 1080, Page 83 of the records of Wald County.
Thence along said lips, North 33'49'34" East, 301.24 feet to tee
North line of the Northwest Quarter of Section 28;
thence along the North line of the Northwest Quarter, south
09'36'20" East, 838.93 feet to the North Quarter Corner of said
Section 28;
thence along the North line of the Northeast Quarter, South
89'36'20" East, 651.00 feet to a point of the South right-of-way
line of Veld County Road 66 as recorded in Book 924, under Reception
MO. 1846036 of the records of Weld County.
Thence along said line the following 3 courses;
south 85'10'32• East, 908.55 feet;
South 89'37'44" East, 432.35 fest;
South 89'36'22" East, 486.26 feat
to a point on the Nest right of way Line of the Great Western
Railway as recorded in Book 271, Page 319 of the records of Weld
Canty;
thence along said right-of-way line North 00'14'35' West 70.00
feet to the North line of the Northeast Quarter of Section 28;
thence along the North line of the Northeast Quarter, South
89'36'20" East, 108.69 feet to the Northeast Corner of Section
28;
PACE 3 8028657 C-3
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F 0620 MARX ANN FEURMATEIN CLERK 6 RECORDER MELD CO, CO
thence along the Bast line of the Northeast Quarter of said Section
28, South 00'12'57w Bast, 2692.37 feet to the Bast Quarter Corner
of said Section;
thence along the East line of the Southeast Quarter of said Section,
south 00'13'14' East, 2693.97 feet to the Southeast corner of
Section 28;
thence along the South line of the Southeast Quarter, South
89'42'41" West, 2598.20 feet to the South Quarter Corner of said
Section 28, ,
thence along the South line of the southwest Quarter of said
Section, South 89'42'47" pest, 554.37 feet;
thence North 00'00'00" East, 1066.91 feet;
thence North 81'11'14" Nest, 235.82 feet;
thence North 78'04'42" Nest, 678.38 tat;
thence North 60'18'55" Nest, 96.58 feet;
thence North 62'58'59" Nest, 912.74 feet;
thence South 00'00'00" Nest, 1,458.77 feet
to a point on the South line of the southwest Quarter of said
Section 28,
thence along the South line of the Southwest Quarter of Section
28, South 89'42'47" Nest. 704.68 feet to the Southwest corner of
Section 28;
thence along the south line of the southeast Quarter of the
-- southeast Quarter of Section 29, South 89'38'26' Nest, 1,299.47
feet to the Southwest corner of the Southeast Quarter of the
southeast Quarter of said Section 29,
thence North 00'01'08" East, 1,320. 17 feet to the Northwest Corner
of the Southeast Quarter of the Southeast Quarter of said-Section
29,
thence along the Nest line of the Northeast Quarter of the Southeast
Quarter of said Section 29, North 00'02'07" Rest, 1,092.93 feet
to a point on the Southeasterly right of way line of Meld County
Road 17 as recorded in Seek 1040, under Reception Mosher 1977616
of the records of veld County;
thence along said right-of-way the following 8 courses:
North 24'45'23" East, 292.68 feet to the beginning of a curve to
the right having a central angle of 31'00'00" and a radius of
1,027.30 feet, whose long chord bears North 38'41'40+ East, 549.07
feet,
thence along the arc of said curve 555.82 feet;
thence North 54'11'40" East, 544.12 feet,
thence along the arc of a curve to the left having a changing radius
(beginning radius 1,129.43 feet and ending radius 1,149.43 feet)
whose central angle is 21'13'55" and whose long chord bears north
46' 15'34" East, 420.28 feet to the beginning of a curve to the
left whose radius is 1,149.43 feet, having a central eagle of
32'46'05", whose long chord bears North 16'34'42. 3aet, 648.45
feet,
thence along the arc of said curve 657.37 feet;
thence North 00'11'40" East, 356.00 feet;
thence North 3'37'11' Meet, 900.67 feet;
thence North 00'11'40" east, 325.80 feet
to a point on the South right of way line of weld County Road 66,
said point being the TRUE POINT OF BEGINNING.
EXCEPT that part of the slat half of Section 28 as described in
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1 0621 NARY ANN rEVERSTEIN CLERK a RECORDER MELD CO, CO
deed to the Northern Colorado Construction Company recorded in
Rook 271 at Page 319;
ALSO EXCEPTING THEREFROM a right of way 30 feet in width fox county
road and public highway grantel to the County of Weld by instrument
recorded March 14, 1910 in Book 327, Page 86 (weld county Road
64) .
PARCEL 2;
A parcel of land located in Sections 32 and 99, Township 6 North,
Range 67 West of the 6th P.N. , being more particularly described
as follows:
COMMENCING at the Northeast corner of said Section 33, and
considering the North line of the Northeast Quarter of said dilation
33 to bear North 89'42041" East with all bearings contained herein
relative thereto, said point being the TRUE POINT OP BEGINNING.
Thence along the East line of the Northeast Quarter of said Section,
South 00'13'34" East, 2631.83 'feet to the East Quarter Corner of
said Section 33;
thence along the East line of the Southeast Quarter of said Section,
South 13'34'57" East, 2767.09 feet to the Southeast Corner of said
Section 33,
• thence along the South line of the Southeast Quarter of said
Section, South 89'21' 19" Nest, 2542.50 feet to the South Quarter
Corner of said Section 93,
thence along the Nest line of the Southeast Quarter of said Section,
North 7'35'30" Nest, 99.67 rest,
thence along the Westerly line of a parcel of land as recorded
in Book 742, Reception Number 1663722 of the records of Weld County,
North 14'32'03" West, 2662.32 feet to the South line of thu
Northwest Quarter of laid Section 33;
thence along the South line of the Northwest Quarter of said
Section, South 89'03'21" Nest, 1315.38 feet, to a point on the
• Northeasterly line of a parcel of land as recorded in Book 742, .
Reception Number 1664427 of the records of Meld County;
• thence along said line the following 2 courses:
• . North 56'25'34• Nest, 1131.43 feet; • .
North 29'26'31" NestT 685.87 feet
to the Nest line of the Southeie%•Quarter of the Northwest Quarter •
of said Section 33;
thence along the Nest line of the Southwest Quarter of the Northwest
Quarter of raid Section, North 1'31'04" west, 101.01 feet to the
Northwest Cornsr of the Southwest Quarter of Northwest Quarter
of said Section 33.
thence along the South line of the Northeast Quarter of the
Northeast Quarter of Section 32, South 89'39'08" Nest, 1104.88
feet to the centerline of an existing county road;
thence along said centerline North 10'58'41" west, 1123.30 feet
to a point on the Nest line of the Northeast Quarter Of the
Northeast Quarter of said section 32;
thence along the West tine of the Northeast Quarter of the Northeast
Quarter of said Section, North 3'49'58" West, 242.17 feet to the
Northwest corner of the Northeast Quarter of the Northeast Quarter
of said Section 32.
Thence along the North line of the Northeast Quarter of the
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F 0622 41487 ANN PECERSTEIN CLRRII & RECORDER. WELD CO, CO
Northeast Quarter of said section, North 89'38'26" East, 1299.47
test to the Northeast corner of said Section 327
thence along the North line of the Northwest Quarter of Section
33, North $9'42'47" Bast 2598.36 feat to the North quarter corner
of said Section 331
thence along the North line of the Northeast Quarter of said
Section, North 89'42'41' East 2598,20 feet to the TRUE POINT 08
BBGTNNINO.
EXCEPT that part of the Northeast Quarter of the Northeast Quarter
of section 33 and that part of the southeast Quarter of the
Southeast Quarter of Section 33, all as described in deed to the
Northern Construction Company, recorded in Hook 271. at Page 319;
EXCEPT that part of the Southeast Quarter of the Southeast Quarter
of said section 39, described in deed to K. V. Crusly and Nary
Ruby Cray recorded in Book 1593 at Page 301, as corrected by
deed recorded in Hook 1594 at Page 8141
EXCEPT that part of the Southeast Quarter of the Southeast Quarter
of said Section 39 described in deed to Weld County recorded in
Book 996 at Page 620;
axone those parts thereof described in deeds to Weld County
recorded in Book 995 at Pages 161 and 162;
EXCEPT that portion of the Southeast Quarter of Section 33, as
conveyed in deed to E. V. Crusty and Nary Ruby Crusty recorded
in Rook 614, Reception Nusber 1535604;
EXCEPT that portion of the Northeast Quarter of the southeast
Quarter and the southeast Quarter of the Northeast Quarter of said
Section 33 as described in the deed to the Northern Colorado
Construction Company recorded in Rook 273, Page 2.
EXCEPT Right-of-way 30 feet in width for county road and public
highway granted to the county of Weld by instrument recorded March
14, 1910 in Hook 327, Page 86. '
TOGETHER WITH all rights, title, and interest of the
or Grant in and to any wells and well rights, ditches
and ditch rights, reservoirs and reservoir rights,
belonging or in any way appertaining to the
above-described property, including, but not limited
to forty (40) shares of the Capital stock of The
Whitney Ditch Company, one hundred (100) shares of the
capital stock of The B. H. Eaton Company, and,four (4)
shares of the capital stock of The New Cache La Poudre
Irrigation Company.
•
PAGE 6 8028657 C•3
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0623 NARY ANS PSOESSTNI'M CLBRR 4 =CORDER NCO co. co
EXHIBIT "5" ATTACHED TO AND MADE A PART OP THE SPECIAL WARRANTY
DEED BREWERS EAs'PMAN KODAK COMPANY ("THE GRANTOR") AND WINDSOR
RESOURCE CORPORATION I"THE GRANTEE")
LPL f U XfIOM
01 Tea R0124858.28101,
A parcel of land located in Section 79, Township 6
Worth, Range 67 West of the 6th P.M., Weld countY,
Colorado sore particularly described es follows:
Comeenoing at the Southwest corner of said Section 28,
and considering the South line of the Southwest quarter
of Section 28 to bear North 89'42'47" East with all
hearings contained herein relative thereto, thence
along the South line of the southwest quarter of said
section North 89.42'47" Beet, 784.88 fast TO TEA TRUE
POINT OP BEGINNING. Thence the following 7 courses:
North 00.00'00" East, 1458-77 feet
South 62.68'59" East, 312.74 feet
South 60.18'55" East, 96.58 feet
South 78.04'42" East, 670.38 feet
South 81.11'14" Nast, 239.02 fest
South 00.00'00" West, 1086.31 fest
South 09'42'47" Best, 1259.31 feet, to THE TRUE
POINT OP BEGINNING.
EXCEPTING TEEREPROX that portion of a right-of-way
30 feet in width for county road and public highway
granted to the County of Weld by instrument recorded
March 14, 1910, in Book 337, Page 86: (Weld County
Road 64) located across the Southerly 15 feet of said .,
property containing 0.43 acres more or less.
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P 0626 WARY ANN PEDERSTEIN CLERK 6 RECORDER MELD CO, CO
' MUM= "O" ATTACHED TO AND MADE A PART OP TEE SPECIA7. WARRANTY
DEED $E%1I* N EASTMAN KODAK COMPANY ("TRH GRANTOR") AND WIND80N
RESOURCE CORPORATION ("TRS GRANTEE")
zaabL DESORIPTIq
pi TEE BEHEPfTPDD PROaflTt
All real property owned by the Grantor in Sections 26,
27, 24, and 35, in Township 6 North, Range 67 West at
the 6th P.M., County of Weld, State of Colorado, as of
the dote of this Special Warranty Deed.
•
•
—
.GERS It-PAID UP
1,4u. '40,No 2(94RT)
OIL AND GAS LEASE
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 8055 1-1 574 ,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,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 remaip in forge for a tern%ar four(4) years from this date and as long thereafter as oil or gas of whatsoever nature or
f p.c
kind is produced from said leased premises,or)Iq ag!{AfpQooled 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 Mingppr uced'on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re-working
operations thereon, thvrthisiease slifill contfhtfel iallOcil$Vlong as operations are being continuously prosecuted on the leased premises or on acreage pooled
therewith; and operations shall be cernsiderad)abe.crydgnuously prosecuted if not more than one hundred twenty(120)days shall elapse between the completion or
abandonment of one well and the begjnnint df operatiaris 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 riling 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(I/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 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. r 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.
9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land by Leesct -
.-. 10.Lessee shall have the right at any time to remove all machinery and fixtures place on said premises,including the right to draw and remove casing.
1 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 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 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
Alai;be acwuipiisimd by Lessee ese utiog and r liiig oficcu d a dedmariva.f such unitization u, Ieformaiiuu, which declaration strati describe the Una. Any unit
may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production,dritiing 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 shalt 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 he 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.Regulation.
I 11111111111111111(11111 tit 1111111111 III 11111 IIII IIII
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14.Lessor hereby warrants and agrees to defend the title to the lands herein described,and agrees that the Lessee shay 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,
a fsFited herein.
.hould 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.
East Kodak Co y,a Jersey corporation Attest:
4.1
6)0
reil
a
SS/Tax IDIJ IL - CF-11 -11O
I / /
STATE of 'UPV1/4/ Y� O irk ACKNOWLEDGEMENT-CORPORATE
COUNTY of Mo n ram 1 //'t
.-. BEFORE ME,the undersigned,a Notary Public,in and for said County and State,on this t% 9 day of µ 1/,O3i ,f47c)OCOO,
personally appeared \O`ry/C e Hop
y C / I 'to manown to be the identical person who
subscribed the name of the maker lhef eof to the toreglorog ms menu as its G eCre 4 a
r and acknowledged to me that S he executed
n JJJ �l
the same as.„1 F fr,(C1`free and voluntary act and deed and as the free and voluntary act and debt'of such corporation by authority of its Board�Direclors,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 / (1�jo /
Expires: b/�\r�/ 1% —k
NotLI
ary
A.VOGELt o Hie:
Nota'y Pub c1 asesc414swibilt Address:
Qualified In*orb
Commission Exp&ss ri.�.4 3'4?-'
Oij L'
1111111 11111 1111111 11II HIE IIII 111111 III 11111 II11 lilt
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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(I/8)" are used with reference to payment by Lessee of royalties on oil and
gas to Lessor.
stroctures
7. Lessee grees to consult with the surface owner and/or tenant as to all routes of ingress and egress. Prior to the construction
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.
l8. 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. As a 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 tenns, conditions and stipulations shall extend to and be binding upon all of the heirs,
administrators,executors,trustees,successors and assigns of Lessor and Lessee.
IN WITNESS WI-IEREOF,we sign the day and year first above written.
SIGNED FOR IDENTIFICATION:
Eastman Kodak Company,a New Jersey corporation
O By
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Exhibit "A"
Attached to and made a part of that certain Oil & Gas Lease dated August 10, 2000 by and between the
-- astman Kodak Company, a New Jersey corporation, as Lessor and Prima Oil & Gas Company, as Lessee, to
.it:
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 P66, 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. 15241'20, 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
1111111111111111111 "11 '1'1'1 II'I 111111 III 11111 lI'I I"I
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