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HomeMy WebLinkAbout20031822.tiff WELD COUNTY TITLE COMPANY Downtown-1221 8th Avenue, Greeley, Colorado 80631 (970)356-3232 Fax(970)356-3248 West-1009 37th Ave. Ct., Suite 101,Greeley, Colorado 80634 (970)351-0007 Fax(970)351-6633 TITLE TRANSMITTAL Date: APRIL 14, 2003 WCTC Order No.: LX68047 Purported Address: 32182 WELD COUNTY ROAD 29 GREELEY COLORADO 80631 Owner/Borrower: HAROLD C. BUXMAN AND DORIS F. BUXMAN, AS TO AN UNDIVIDED 1/2 INTEREST AND DONALD D. BUXMAN AND LISA RAE BUXMAN, AS TO AN UNDIVIDED 1/2 INTEREST Purchaser: Title Examiner: KATHY OLSON - DOWNTOWN - (970)356-3232 Designated Closer: Enclosed please find: V Title Commitment Tax Certificate Copy of Covenants (attached to Purchaser's copy of commitment) Copy of Plat (attached to Purchaser's copy of commitment) Endorsement to Commitment Other Customer: /'AGPRO ENVIRONMENTAL SERVICES Li J 4311 HIGHWAY 66 SUITE 4 vv LONGMONT, COLORADO 80501 ATTN: LAUREN LIGHT - - Copy List - - r We appreciate the opportunity to provide your title insurance and closing needs. 2003-1822 ISSUED BY COMMITMENT FOR TITLE INSURANCE Lawyers"Irtle Insurance Grporagon LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION A' chi C;• _ _ 0 11•Attest: di 44,4S 3 oi ?JS Ti L..: i 6Y ?A-1-t-- ' U t Secretary yis-i:. 1925 , President Conditions and Stipulations 1. The term"mortgage,"when used herein, shall include deed of trust,trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ALTA Commitment-1966 Cover Page Form 1004-268 ORIGINAL COMMITMENT FOR TITLE INSURANCE * * * • * SCHEDULE A 1. Effective Date: MARCH 31, 2003 @ 7:00 A.M. RE: Our Order No. : LX68047 2. Policy or Policies to be issued: A. ALTA Owner's Policy Amount $ Proposed Insured: B. ALTA Loan Policy Amount $ Proposed Insured: C. ALTA Loan Policy Amount $ Proposed Insured: 3 . The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: HAROLD C. BUXMAN AND DORIS F. BUXMAN, AS TO AN UNDIVIDED 1/2 INTEREST AND DONALD D. BUXMAN AND LISA RAE BUXMAN, AS TO AN UNDIVIDED 1/2 INTEREST 4. The land referred to in this Commitment is described as follows: LOT B, RECORDED EXEMPTION NO. 0805-21-3-RE2339, BEING A PART OF THE W 1/2 SW 1/4 OF SECTION 21, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, PER MAP RECORDED FEBRUARY 25, 1999 AS RECEPTION NO. 2675602. - 1 - COMMITMENT FOR TITLE INSURANCE * * • * * SCHEDULE B Section 1 RE: Our Order No. : LX68047 REQUIREMENTS: The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. Item (c) The following instrument (s) must be properly executed and filed of record in the Official Land Records of Weld County, Colorado, to wit: - NONE - INFORMATIONAL COMMITMENT - 2 - COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No. : LX68047 EXCEPTIONS: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: (a) Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment; (b) Standard and Special Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes for the year 2003, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1. 7. Right of way for Outlet No. 1, Francis Reservoir No. 1 as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 8. Right of way for pipeline and incidental purposes as granted to Bruce G. Eaton, T. D. DeVotie, Mrs. A. M. Green, and Walter McCullough by instrument recorded November 18, 1908 in Book 289 at Page 62, said right of way not being specifically defined. 9. Terms, conditions and provisions of Valve Site Contract, between Harold C. Buxman, Doris F. Buxman, Donald D. Buxman and Lisa Rae Buxman, and Associated Natural Gas, Inc. , recorded MAY 20, 1991 in BOOK 1299 as RECEPTION NO. 2250533 . 10. Right of way for pipeline and incidental purposes as granted to Associated Natural Gas, Inc. , by instrument recorded May 20, 1991 in Book 1299 as Reception No. 2250534, said right of way not being specifically defined. CONTINUED NEXT PAGE - 3 - B-2 CONTINUED LX68047 11. Items disclosed on map of Recorded Exemption No. 0805-21-3-RE2339, recorded February 25, 1999 as Reception No. 2675602 : a) Weld County Road 29 over the West 30 feet of subject property b) Weld County Road 66 over the South 30 feet of subject property c) Reservation of an additional 20 foot for future expansion of Weld County Road 29 d) Notes 12 . Reservation as contained in Patent recorded April 29, 1876 in Book 20 at Page 75, said reservation being as follows: Excluding and excepting "All Mineral Lands" should any such be found to exist, but this exclusion and exception shall not be construed to include coal and iron land. 13 . Reservation of all oil, gas and other minerals lying in, under, and upon said premises, together with rights of ingress and egress to explore for, mine and remove the same, as contained in instrument from Harold C. Buxman and Doris F. Buxman recorded NOVEMBER 13, 1986 in BOOK 1135 as Reception No. 2077026, and any interests therein, assignments, or conveyances thereof. 14 . Oil and Gas Lease from Harold c. Buxman and Doris F. Buxman to Hyndrex Resources, recorded JULY 29, 1996 in BOOK 1558 as RECEPTION NO. 2503007, and any interests therein, assignments, or conveyances thereof. 15. Water rights, claims or title to water, whether or not shown by the public records. 16. Deed of Trust from HAROLD C. BUXMAN, AND DORIS F. BUXMAN AS TO AN UNDIVIDED 1/2 INTEREST; AND DONALD D. BUXMAN AND LISA RAE BUXMAN AS TO AN UNDIVIDED 1/2 INTEREST to the Public Trustee of Weld County for the use of WELLS FARGO BANK WEST, NATIONAL ASSOCIATION, to secure the face amount of $40, 000.00 dated APRIL 11, 2001 and recorded MAY 14, 2001 as RECEPTION NO. 2848416. 17. Deed of Trust from HAROLD C. BUXMAN, AND DORIS F. BUXMAN AS TO AN UNDIVIDED 1/2 INTEREST; AND DONALD D. BUXMAN AND LISA RAE BUXMAN AS TO AN UNDIVIDED 1/2 INTEREST to the Public Trustee of Weld County for the use of WELLS FARGO BANK WEST, NATIONAL ASSOCIATION, to secure the face amount of $330, 000.00 dated APRIL 11, 2001 and recorded MAY 14, 2001 as RECEPTION NO. 2848417. 18. Deed of Trust from HAROLD C. BUXMAN AND DORIS F. BUXMAN, AS TO AN UNDIVIDED 1/2 INTEREST AND DONALD D. BUXMAN AND LISA RAE BUXMAN, AS TO AN UNDIVIDED 1/2 INTEREST to the Public Trustee of Weld County for the use of WELLS FARGO BANK WEST, NATIONAL ASSOCIATION, to secure the face amount of $104,496.36 dated April 6, 2001 and recorded May 14, 2001 as Reception No. 2848418. CONTINUED NEXT PAGE - 4 - B-2 CONTINUED LX68047 19. Financing Statement from BUXMAN FARMING & DAIRYING, Debtor, to FIRST NATIONAL EQUIPMENT FINANCING, INC. , Secured Party, recorded MARCH 21, 2002 as RECEPTION NO. 2935253 . 20 . Financing Statement from RONALD W. BUXMAN, Debtor, to FIRST NATIONAL EQUIPMENT FINANCING, INC. , Secured Party, recorded MARCH 21, 2002 as RECEPTION NO. 2935254. 21. Financing Statement from HAROLD C. BUXMAN, Debtor, to FIRST NATIONAL EQUIPMENT FINANCING, INC. , Secured Party, recorded MARCH 21, 2002 as RECEPTION NO. 2935255. 22. Deed of Trust from DONALD D. BUXMAN, LISA RAE BUXMAN, HAROLD C. BUXMAN AND DORIS F. BUXMAN to the Public Trustee of Weld County for the use of COLORADO COMMUNITY BANK OF GREELEY, to secure the face amount of $250, 000.00 dated March 10, 2003 and recorded March 14, 2003 as Reception No. 3042295. - 5 - LANDAMERICA PRIVACY POLICY NOTICE mgr Lawyers Title Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents . One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statements attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies . The three largest members of the family - Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company - may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www. landam.com) . You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876 , when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us : LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567 . LandAmerica Companies Title Insurance Companies : Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Insurance Company, Land Title Insurance Company, Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc . , LandAmerica Account Servicing, Inc . Title Agents : American Title Company of Dallas and Forth Worth, Austin Title Company, ATACO Inc . , Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc. , CFS Title Insurance Agency, Charleston Title Agency, Charter Title Company of Fort Bend, Galveston, and Sugarland: Commercial Settlements, Inc . , Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp . , Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc „ Atlan tic, l - Harbour Title, HL Title Agency,g y, Lawyers Title Company, i Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency rof Central Ohio, Lorain County Title Company, M/I Title Agency, NIA/Lawyers tle Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Tit1 cervices, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract , Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc . , Transonic Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services : LandAmerica OneStop, Inc . LAYMA S^RICA PRIVACY POLICY What kinds of information we collect . Most of LandAmerica' s business is title Insurance, but there are companies in our family that provide other real estat services to consumers . We collect information about you, (for instance, yoLm name, address , telephone number) , and information about your transaction, including the identity of the real property that you are buying or fir_a_ncine, We obtain a copy of any deeds , notes or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorne-) or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports , land surveys , escrow accour balances, and sometimes bank account numbers to facilitate the transaction . Ii you are concerned about the information we have collected, please write to us . How we use this information. The company giving or specifically adapting thie notice does not share your information with marketers outside its own family. There' s no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharir with out your approval . We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control , and to '-ovide information to government and law enforcement agencies . Companies chin a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How to protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical , electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company' s privacy policy with our employees . Agents that may be covered by this policy. Often, your transaction goes thro' a title insurance agent . Agents that are part -of • the-tandAmerica family are covered by this policy. Agents that are not part of the LandA_,erica fam±1y ra specifically, in writing, adopt our policy..sta.temer_t. ISSUED BY COMMITMENT FOR TITLE INSURANCE Lau yers ide Insurance @poration LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION NE fig..... �11 11 Attest: (711 P(S€AL•irA By: ra . apfiatt- Secretary /ii'i, tg 2 'a'% President 11111`�h��w.' Conditions and Stipulations 1. The term"mortgage,"when used herein, shall include deed of trust,trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ALTA Commitment-1966 Cover Page Form 1004-268 ORIGINAL COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE A 1. Effective Date: MARCH 31, 2003 @ 7:00 A.M. . RE: Our Order No. : LX68047 2 . Policy or Policies to be issued: A. ALTA Owner's Policy Amount $ Proposed Insured: B. ALTA Loan Policy Amount $ Proposed Insured: C. ALTA Loan Policy Amount $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: HAROLD C. BUXMAN AND DORIS F. BUXMAN, AS TO AN UNDIVIDED 1/2 INTEREST AND DONALD D. BUXMAN AND LISA RAE BUXMAN, AS TO AN UNDIVIDED 1/2 INTEREST 4. The land referred to in this Commitment is described as follows: LOT B, RECORDED EXEMPTION NO. 0805-21-3-RE2339, BEING A PART OF THE W 1/2 SW 1/4 OF SECTION 21, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, PER MAP RECORDED FEBRUARY 25, 1999 AS RECEPTION NO. 2675602 . - 1 - COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 1 RE: Our Order-No. :. .LX68047 REQUIREMENTS: The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. Item (c) The following instrument(s) must be properly executed and filed of record in the Official Land Records of Weld County, Colorado, to wit: - NONE - INFORMATIONAL COMMITMENT - 2 - COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No. : LX68047 EXCEPTIONS: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: (a) Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment; (b) Standard and Special Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5 . Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes for the year 2003, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1. 7. Right of way for Outlet No. 1, Francis Reservoir No. 1 as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 8. Right of way for pipeline and incidental purposes as granted to Bruce G. Eaton, T. D. DeVotie, Mrs. A. M. Green, and Walter McCullough by instrument recorded November 18, 1908 in Book 289 at Page 62, said right of way not being specifically defined. 9. Terms, conditions and provisions of Valve Site Contract, between Harold C. Buxman, Doris F. Buxman, Donald D. Buxman and Lisa Rae Buxman, and Associated Natural Gas, Inc. , recorded MAY 20, 1991 in BOOK 1299 as RECEPTION NO. 2250533 . 10 . Right of way for pipeline and incidental purposes as granted to Associated Natural Gas, Inc. , by instrument recorded May 20, 1991 in Book 1299 as Reception No. 2250534, said right of way not being specifically defined. CONTINUED NEXT PAGE - 3 - B-2 CONTINUED LX68047 11. Items disclosed on map of Recorded Exemption No. 0805-21-3-RE2339, recorded February 25, 1999 as Reception No. 2675602 : a) Weld County Road 29 over the West 30 feet of subject property b) Weld County Road 66 over the South 30 feet of subject property c) Reservation of an additional 20 foot for future expansion of Weld County Road 29 d) Notes 12 . Reservation as contained in Patent recorded April 29, 1876 in Book 20 at Page 75, said reservation being as follows: Excluding and excepting "All Mineral Lands" should any such be found to exist, but this exclusion and exception shall not be construed to include coal and iron land. 13 . Reservation of all oil, gas and other minerals lying in, under, and upon said premises, together with rights of ingress and egress to explore for, mine and remove the same, as contained in instrument from Harold C. Buxman and Doris F. Buxman recorded NOVEMBER 13, 1986 in BOOK 1135 as Reception No. 2077026, and any interests therein, assignments, or conveyances thereof. 14 . Oil and Gas Lease from Harold c. Buxman and Doris F. Buxman to Hyndrex Resources, recorded JULY 29, 1996 in BOOK 1558 as RECEPTION NO. 2503007, and any interests therein, assignments, or conveyances thereof. 15 . Water rights, claims or title to water, whether or not shown by the public records. 16. Deed of Trust from HAROLD C. BUXMAN, AND DORIS F. BUXMAN AS TO AN UNDIVIDED 1/2 INTEREST; AND DONALD D. BUXMAN AND LISA RAE BUXMAN AS TO AN UNDIVIDED 1/2 INTEREST to the Public Trustee of Weld County for the use of WELLS FARGO BANK WEST, NATIONAL ASSOCIATION, to secure the face amount of $40, 000.00 dated APRIL 11, 2001 and recorded MAY 14, 2001 as RECEPTION NO. 2848416. 17. Deed of Trust from HAROLD C. BUXMAN, AND DORIS F. BUXMAN AS TO AN UNDIVIDED 1/2 INTEREST; AND DONALD D. BUXMAN AND LISA RAE BUXMAN AS TO AN UNDIVIDED 1/2 INTEREST to the Public Trustee of Weld County for the use of WELLS FARGO BANK WEST, NATIONAL ASSOCIATION, to secure the face amount of $330, 000.00 dated APRIL 11, 2001 and recorded MAY 14, 2001 as RECEPTION NO. 2848417. 18 . Deed of Trust from HAROLD C. BUXMAN AND DORIS F. BUXMAN, AS TO AN UNDIVIDED 1/2 INTEREST AND DONALD D. BUXMAN AND LISA RAE BUXMAN, AS TO AN UNDIVIDED 1/2 INTEREST to the Public Trustee of Weld County for the use of WELLS FARGO BANK WEST, NATIONAL ASSOCIATION, to secure the face amount of $104,496.36 dated April 6, 2001 and recorded May 14, 2001 as Reception No. 2848418. CONTINUED NEXT PAGE - 4 - B-2 CONTINUED LX68047 19. Financing Statement from BUXMAN FARMING & DAIRYING, Debtor, to FIRST NATIONAL EQUIPMENT FINANCING, INC. , Secured Party, recorded MARCH 21, 2002 as RECEPTION NO. 2935253 . 20 . Financing Statement from RONALD W. BUXMAN, Debtor, to FIRST NATIONAL EQUIPMENT FINANCING, INC. , Secured Party, recorded MARCH 21, 2002 as RECEPTION NO. 2935254 . 21 . Financing Statement from HAROLD C. BUXMAN, Debtor, to FIRST NATIONAL EQUIPMENT FINANCING, INC. , Secured Party, recorded MARCH 21, 2002 as RECEPTION NO. 2935255 . 22 . Deed of Trust from DONALD D. BUXMAN, LISA RAE BUXMAN, HAROLD C. BUXMAN AND DORIS F. BUXMAN to the Public Trustee of Weld County for the use of COLORADO COMMUNITY BANK OF GREELEY, to secure the face amount of $250, 000.00 dated March 10, 2003 and recorded March 14, 2003 as Reception No. 3042295. - 5 - LANDAMERICA PRIVACY POLICY NOTICE lr Lawyers Title Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents . One of the changes is that we are flaw required to explain to our customers the ways in which we collect and use customer information. The statements attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies . The three largest members of the family - Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company - may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www. landam.com) . You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us : LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567 . LandAmerica Companies Title Insurance Companies : Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Insurance Company, Land Title Insurance Company, Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc . , LandAmerica Account Servicing, Inc . Title Agents : American Title Company of Dallas and Forth Worth, Austin Title Company, ATACO Inc . , Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc . , CFS Title Insurance Agency, Charleston Title Agency, Charter Title Company of Fort Bend, Galveston, and Sugarland: Commercial Settlements, Inc . , Commonwealt Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp . , Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc . , Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company, Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA/Lawyers itle Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Tit1 cervices, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract , Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc . , ranso io Residential Title Agency, Tran.snation Title & Escrow, Union Title Agency, University Title Services , Wilson Title Company Appraisals and Ancillary Services : LandAmerica OneStoo, Inc . LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica' s business is title Insurance , but there are companies in our family that provide other real estat services to consumers . We collect information about you, (for instance, yout name, address , telephone number) , and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds , notes or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports , land surveys , escrow accour balances, and sometimes bank account numbers to facilitate the transaction . If you are concerned about the information we have collected, please write to us . How we use this information. The company giving or specifically adapting this notice does not share your information with marketers outside its own family. There' s no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharir with out your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control , and to p—ovide information to government and law enforcement agencies . Companies :lain a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How to protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical , electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company' s privacy policy with our employees . Agents that may be covered by this policy. Often, your transaction goes throu a title insurance agent . Agents that are part--of • the- LandAmerica family.. are • covered by this policy. Agents that are not part of the Land merica -fzmil-r s specifically, in writing, adopt our policy..sta.tsner_t. Hello