Loading...
HomeMy WebLinkAbout20030615.tiff 1 inIIU)1N ?i 9llt iUIiNIII11 l i r e lied D 3MO 4.A."kW5* 11kfritl tsuSsaro 38q-° SPECIAL WARRANTY DEED THIS dEED, Made this 24th day of September, 2002 between J 6 R. Plugs Supporting Foundation, a Colorado nonprofit corporation of the County of Weld and State of Colorado. grantor,and william N. Stonebraker and Ann H. Stonebraker whose legal address is 4502 WCR 11. Erie, CO 40316 of she County of weld and State of Colorado. grantees: wxTNrssaTN that the Esantor(0) for and in consideration of the sus of TSARS inn a D Filly NIMR THOUSAND AND 00/100 (#asa,000.00) Dollars, the rreeolpt and sutftaisne of which is hereby acknowledged, boa granted, bargained. sold arndd ***worse, and by se Its se andaasst do ess &Stever, alt. l rial property, together confirm with isproweents, if any, nitwits, lying and being in the County of Weld and State of Colorado, described as follows Siff SKNIEIT •A" ATTACHSO HERETO AND MADE A FART WSREOI TOGRTHER WITS all oil, gas, hydrocarbons and other minerals now owned by Grantor, it any. TOGSTNER WITH all waters (derived by the inclusion of certain lands now within) (from)' the Henrylyn Irrigation District. also known by stress and number as 36636 Weld County Road la, Keansburg, Colorado 60634 TOGETXER with all and singular the heteditaaents end appurtenances thereto belonging, or in anywise appertaining, and the reversion sad reversions, rermiader and remainders, rents, souse and profits tthexncfy3 randd aa'{l)theleest' in rights title. of lousiest,t, claim and bargained ed pCreoensYieSse the betseitaaints sad rtenanoesl in and to the above barDpsthed aa, with end described with 70 I VR AID to HOLD the said waters above bargained forapp iesnabars. unto the grantee(s). their heirs and assigns forever. she greatetha), for itte heirs and speessaona__l sepreseatatives or ha ebovore. de eoveoant and i1ee quiet ouu it shall and will AND granE MIND tea above-bargained praSae)t one all and and peaaesone possession of the gthe whoa), their heirs Rna at i.qpps, egainp or usaer oohs y person sjr persona olaiaing the whole or any pert thereo by throug SN WITNisS wSRRRo►, the granterls) have saeduaed this dead en Rho date sat forth above. J a R Plums Supporting Foundation, a Colorado nonprofit corporation• �..��✓BY New Tit1elCM j�� �f f��/E/.I7/7+�i uief atitz r STATE OF COLORADO es. The foregoing instrument was acknowledged before County of Denver ) me this _•- da of September, 2007 • IBS 11.0.6d .014434,4106L of J a R Pluss Supporting Foundation,E• Col�non4mfit corporation Witness my hand and official seal. %t SY:, My cam.iesion eapiresJu1/4ao, TOWS 1 ° . • (actArcy • NOTARY WC • I.. tr.. au0t 1.0 No:.Ir'.OF CO`1b �F 2003-0615 I IItO IIIII IIIII III fH it 1011111 IIl INI Oil Jll 4019247 10/0412002 00:161 Wild 0onsp,CO fig 1 811.00 038.80 LA."WY"Twbesb ESCROW NO. : 8058314 DATE : September 24 2002 "EXHIBIT A" LEGAL DESCRIPTION The NE1/4 of Section 28, in Township 2 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. EXCEPT that portion conveyed to The Department of Highways in Warranty Deed recorded September 14, 1959 in Book 1540 at Page 379, being more particularly described as follows: A tract or parcel of land in the S1/2 of the NE1/4 of Section 28, Township 2 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the East line of Section 28, Township 2 North, Range 64 west from which the Northeast corner of Section 28 bears North 00 degrees 15 minutes 30 seconds West, a distance of 2,320.8 feet: 1. Thence South 89 degrees 48 minutes 30 seconds West, a distance of 2,594.6 feet to the West line of the NE1/4 of Section 28; 2. Thence along the west line of the NE1/4 of Section 28, South 00 degrees 22 minutes 30 seconds West a distance of 301.0 feet to the existing North right of way line of S.H. No. 2; 3. Thence along the existing North right of way of S.H. No. 2 North 89 degrees 47 minutes 30 seconds East, a distance of 2,597.9 feet to the East line of Section 28; 4. Thence along the East line of Section 28, North 00 degrees 15 minutes 30 seconds West, a distance of 300.4 feet, more or less, to the Point of Beginning. 11111m OBI ill 10111 BOIL III Iii X11 ilia 10 1114.00 E 0.00 IA."SIM TiskMOto QUITCLQUITCLAIMDEED +npi- THIS DEED.dated afarb nolme.' . C. 2002 • between Kauffman Brothers Limited Partnershi a Colorado Limited Partnership of the *County of We Id - and State of Colorado.granor(s).and William 14. Stonebraker and Ann M. Stonebrak4r, as tenants in common whoa.Syalsdrenis 4502 {JCR 11, Etie, CO 80816 of me Coumy of Weld and State of Colorado yrant*Ns). WITNESS.that the gramor(ag for ani in consideration at the sum of ********************************************************O DOLLARS. the receipt and sufficiency of which is hereby acknowledged.ha S remised,released.sold and QUITCLAIM,and by these prawns ddag manse,Wean.sell and QUITCLAIM unto the grantees),their heirs,Matson and assigns forever,all the SOl.1i14e.Interest,claim and demand whist tae grantor(s)has in and 10 tho real prupeny,twiner with improvemetn,if eny, situate.lying and being In the County of Weld and Same of Colorado. described a follows; The RE 1/4 of Section 28, Township 2 North, Range 64 West of the 6th P.N. TOGE'ZNER WITH all oil,gas, hydrocarbons, and other minerals now owned by firantor, if any, and TOGETHER WITH a'pro-rata share of all waters derived by inclusion of 132 acres in the Henrylyn Irrigation District, EXCEPT reservations and exceptions of record also known by street andauabuw Welt 18, K enesbur9, CO 30643 assessor schedule or panel number. TO HAVP.AND TO HOLD the tens loftier with SI and singular the appurtenencm and privileges tlwaurlo belonging,or in anywise themlmo ppenatning.and all du eww,ngtu,teak,inlena and claim''l'e'aner of the grareoa(a1.either in law or equity,to the only proper use heat aid belloof Of lb.wow its halo and neigh forever IN W flN7NSSS WHEECOP.tIW gaaiM0r(SS)h executes 1hk deed an the dam set Wnh above. Kauffman Brothers 'fAillitad Partnership by Mark Kauffman, Partner STATE OF COLORADO 1st Comm of WELD 30th Tnffumegnlimrmmoruwasac Partner :�0t1 y hand aWioalaal sera. wan y int SOS y ,mle an exp �ar � MU •*weeping.*h. n"City ma". rw *,wr I' IL♦ •rive aa*uw.S$n"talna M.4 6,0.140 a«,p+.,nvaftu.s.C1a.. e"1 ?M.M lin.444. W,tectMel Mao SMk,d erbium*IYte Wu..Si..Navy.CD IOU..1S)$22101...w"andrrNpial*Naano0'—4-02 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The Transnation Title Insurance Company hereby certifies that it has made a careful search of its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: The NE 1/4 of Section 28,Township 2 North,Range 64 West of the 6th P.M. County of Weld, State of Colorado. CONVEYANCES(If none appear,so state): Reception No. 1379486 Book 1612 Page 186 Reception No. 1390929 Book 1612 Page 442 Reception No. 2428989 Book 1482 Page 661 Reception No. 2858469 Book Reception No. 2986454 Book Reception No. 2993247 Reception No. 2993248 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate. In Witness Whereof,Transnation Title Insurance Company,has caused this certificate to be signed by its proper officer this 5`h day of November 2002,at 7:00 am TRANSNATION TITLE INSURANCE COMPANY Order No. 8514868aakt By: Authorized Signature • • • • 800S-.),-, MGElt�ii • Recorded at /; ,o'clock`-- M. u�r7 "^� • • Reception No.1 7.9,18i; • , _• _ •.4 , Recorder. . `' _IRNo•,.ALL • RMEN B•i THESE PRESENTS, That :(AT1iPYN C. OROWS -f the County of Weld . , andState of Colorado, 1 for the consideration of Other Considerations and Ten and no/100-- Dollars, hand paid, hereby sell and cor-v^if to ELMER 2. .:AUrFvA:N of the County of .4eld and State of Colorado, • ,. fol n¢ real property, situate in the County of Weld ani State of Colorado, to-ai:: hs Scut:: Half (5 1/2) of the Southeast Quarter (SE 1/4) ; T: the South ial: (5 1/2) ;orth'wes , _Quarter (Na'(9n' 1/u) of _ Southeast :'tarter (SE of L) ; - Northeast the'-t Quarter (NI 1/u) of e Southeast Quarter (SE 1/4) ; and the Southeast ,Quarter (SE 1/4) ofthe Northeast i'uarter (NE /u) of Section Twenty-one (21) ; and the Northeast Quarter (NE _/4) of Section Twenty-eight (25) , • all in Township Two (2) 1:crth„ Range Sixty-four (54) West of the Sth F.11.. , together with all ditch and water rights of the ••_ rylyn raga__:n Dist e- al'. n •-__ ex tensions en s or extensions of said ditch and water rights pertaining to or in any way belonging to se.id lands eu-,d used therewith, excepting therefrom ltherefrsm lands described _,, dd eew_ecorded in _cwt. 1542 , Pao 373 of the dele County -_cords, yam, y—::3i, oonuirscr 3 Y .. • t ;x bT^='4 ^211 a ith all its appurtenances, and warrant the title to the saute, subject to reservation; contained in deeds recorded in Soo): 233, page 35 of the ....aidCountyPec.r.:_ end hts of access as conveyed by deed _- _ __1< _5L age +_ld ,Aunty _ is ; to _ l'usio:. witnin ::e Southeast ' d _.h. ' _-:.s_rvaticn is _-. And Sout..- est deli Tire Protection District and the ienrylyn Irrigation District ; and subject existing farm lease, and 1952 taxes , -a eo a �n + :co and subject s ie a atscns, rostri ..cLiuns, e lLions, easements and ri ;ghts o_ way or record, if any. Sine': and delivered this 12th day of April , A.tft In the presence of �}L-it ;.W>. (t .0)„. .. ->. (SEAL l.atnry❑ t, crown, (SEAL; (SEAL.) STATE OF COLORADO, COUNTY OF -K-+.l-«. s ' .Cttna.-' / th foregoing instrunie:a taus p.,-Kno:oler,.ed before me this aril— day of iv 19- 2•r•by.'' thryn C. Brown. Wt'St4£trtty hand and officio: seal. o NIrrom=msaion expires ac 1 '"r / ' _n�-� � . 42.4',,+ ' Notary Public. 411 by natural person or persons herein insert nant.e or nar.•.es: if by persons m acting in representative or official _apacity or as attorney-:n-fact, t . nsert rant:: of personas executor, attorney-in fact Or other capacity or description; if by office- of Lorporation, then insert hound of such office er officers, as the president or other _. STATUTORY ACKNOWLEDGMENT.o:::ce cs of such co.-por a:io-. naming it. -- SESSION 1°27. • • • WARRANTY DEED•=-•Statutory Form • • 8a1dha O ea Gi 4 4 2 •, 3° � Recorded:it . •` i�'wl w \I. Ili .t..T.. . ..-�L_.. . _........ j ;S'ln!P5j:1 Res opt ion No. . . Reorder. > KNOW ALL MEN R\' tlHESI Pi-a:S -:\'T?. 'that ELMER J. KAUFFMAN C `n of the County of Weld , and State of Colorado, •.t 71h.r the con•ideratnm of Other good and valuable consideration and Ten--Dollars. in hand pnirl. hereto -ell and rot'ce> to JULIUS A. PUSS ` 1 of the City and--- Count oi Denver , and Site of I'dnrnln, • ;(I the following real property. sitinte in the County of Weld and State of Cotorado, -l' An undivided one-half interest in and to the South Half ♦__ 1� (S}) of the Southeast Quarter (SEk) , the South Half (S‘) of the Northwest Quarter (NIA) of the Southeast Quarter (SE:-.) , the Northeast Quarter (NEk) of the Southeast •• Quarter (SE*) , and the Southeast Quarter (SES) of the • Northeast Quarter (NE ) of Section Twenty-one (21) ; and the Northeast Quarter (NEi) of Section Twenty-eight (28) , all in Township Two (2) North, Range Sixty-four (64) West .of the 6th P together •..ith all ditch and water rights of the Henrylyn Irrigation District, and all enlargements or extensions of said hitch and water rights pertaini..g to in any way belonging to said lands and used therewith, excepting therefrom lands described in Deed recorded in Book 1540, Page 379 of the Weld County Records, . - v T s$ `may: ---ppryp ate % EC (` • \ \:. -' `, _ \t "Pit t'i it- app•:rtenan.e•. and a,.rrant thr 'ic'e to the -ante. •uh:rs t to reservations contained in deedsrecorded in Book 233 Page 35 of the Weld County R<-2"s, and rights of access as conveyed by deed recorded in Book 1540, Page 3S1, Weld County Records; to inclusion within the Southeast Weld Soil Con- servation District and the Southeast Weld Fire Protection District and the Henrylyn Irrigation District; and subject to existing farm lease, and 19'2 taxes, payable in 1953, and subject to reservations, restric- tions, exceptions, easements and rights-of-way of record, if any. Signed nod delireted tlti. 12th---- dt> of April . A. IL VI 52. / /Or In the presence of . --L_: - _. i .r<L.La/: .-,_., .,NI-:.\l.'• _. . 'SEAL'. STATE OF COLORADO ' COUNTY OF WELD. fa'' a r r/ ~ ,_•The:,foregoing instrument teas acknowledged ',core Me this .^•-!? day n( September.. t d,.52.•b_cL?,-}mer J. Kauffman. o . 0 TN I E.r. -Snit hand and official seal. N ny_comrt6slin expires .�.. : � ^LID. < :r', a,••••••••,,••••••••, 'If 4y natural person m person• I Sri- ionic, • . nv or ..arm J. !o-; ♦,n• ac.ne 1 emt •c....i . • .cta, r CO ,••••••••, o as attorney-in-fact. then insert runic person as executor. attorneyi',-fart or other c,pacits itr• rt on: if by y alike, •t o twntion. then insert sans, of such office or officers,a• the pie-Went or otter officer.of.rich nvperali•.n, nant ing it.- - STATUTORY ACKNOWLEDGMENT, SESSION 1927. -` ' --- - WARRANTY DEED - • Statutory Form ----- _— I—s Ks 2428989 B-1482 P-661 03/06/95 04:29P PG 1 OF 2 REC DOC Weld County 00 Clerk & Recorder 10.00 AR2 y26969 PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Mark A. Kauffman, as Personal Representative of the Estate of Elmer J. Kauffman a/k/a Elmer Kauffman a/k/a E. J. Kauffman a/k/a E. Kauffman a/k/a Elmer John Kauffman, deceased, Grantor, to Kauffman Brothers Limited Partnership, whose legal address is 8616 Weld County Road 63, Keenesburg, Weld County, Colorado 80643, Grantee. WHEREAS, the Last Will and Testament of the above named decedent was made and executed in the lifetime of the decedent, and is dated September 30, 1980. The decedent also made and executed Codicils dated November 24, 1981 and August 15, 1984. The will and codicils were duly admitted to formal probate on October 5, 1993 by the District Court in and for the County of Weld, State of Colorado, Probate No. 93 PR 297. WHEREAS, Grantor was duly appointed Personal Representative of said Estate on October 5, 1993 and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code,Grantor does hereby sell,convey, assign, transfer and set over, without warranty of title and without warranty as to condition of property,unto said Grantee,as the entity entitled to distribution of the property in the above captioned will,the following described real property situate in the County of Weld, State of Colorado: See EXHIBIT A attached hereto and incorporated herein by this reference. With all appurtenances, subject to the following exceptions: general taxes and assessments for the year 1994 payable in 1995 and general taxes and assessments for the year 1995 payable in 1996; easements, reservations, oil, gas and mineral leases, restrictions, covenants and tights of way, all of record or as may exist by use on the premises; shortage in area, conflicts in boundary lines and all other matters that would be disclosed by an accurate survey including, but not limited to, encroachments and boundary discrepancies; subject to all governmental laws, rules and regulations; and subject to inclusion within any special or general districts and the benefits, liens and burdens arising therefrom. As used herein, the singular includes the plural and the plural the singular. Effective as of December 31, 1994. Mark A. Kauffman as Personal Representative of the Estate of Elmer 1. Kauffman a/k/a Elmer Kauffman a/k/a E. J. Kauffman a/k/a E. Kauffman a/k/a Elmer John Kauffman,deceased. STATE OF COLORADO ) ss. County of Weld Thq foregoing instrument was acknowledged before me on February 16 .p95 by Mait,A. Kauffman as Personal Representative of the Estate of Elmer J.Kauffman a/k/a 41 aapffnon a/k/a E. J. Kauffman a/k/a E. Kauffman a/k/a Elmer John Kauffman, • fitness my hand and official seal. .,, My'bommission expires: 10-1-95 C �tJ'i2/C-L�J/� / ca-t-, otary ' blic n:\KU166VRSW.pU 2428989 B-1482 P-661 0.3/06/95 04:29P PO 2 OF 2 EXHIBIT A Real Estate and any Minerals in Connection Therewith An undivided one-half interest in and to the following described real property: Parcel I The North Half(N 1/2)of Section Thirty (30), Township Two (2)North, Range Sixty-Three (63)West of the 6th P.M.,Weld County,Colorado,except Lot A of Recorded Exemption No. 1303-30-2-RE210, recorded June 1, 1976 in Book 768 under Reception No. 1689917 of the Weld County Records. Parcel II All that part of the West Half(W 1/2)of Section Seventeen(17)lying between the right of way of the Service Road of U.S. Highway 6 and the right of way of Interstate Highway 80 South (also known as Interstate 76 South); the East Half(E 1/2)and the East Half of the West Half (E 1/2 W 1/2)of Section Eighteen(18),excepting therefrom that part lying North of the North right of way line of U.S. Interstate Highway 80 South (also known as Interstate Highway 76 South) and subject to conveyances to the Department of Highways, State of Colorado, as recorded in Book 1541, Pages 239 and 241, of the Weld County Records; all that part of the East Half(E 1/2)of Section Nineteen(19)lying South of the Chicago, Burlington and Quincy Railroad right of way; and the West Half(W 1/2)of Section Twenty (20), and that part of the West Half of the Southwest Quarter(W 1/2 SW 1/4)of Section Eighteen(18), Township Two (2) North, Range Sixty-three (63) west of the Sixth Principal Meridian, lying south of the Interstate 80 South(also known as Interstate Highway 76 South) also known as U.S. Highway No. 6, all in Township Two (2) North, Range Sixty-three (63) West of the Sixth Principal Meridian. Parcel III The South Half (S 1/2) of the Southeast Quarter (SE 1/4), the South Half (S 1/2) of the Northwest Quarter(NW 1/4)of the Southeast Quarter(SE 1/4),the Northeast Quarter(NE 1/4) of the Southeast Quarter(SE 1/4), and the Southeast Quarter(SE 1/4)of the Northeast Quarter (NE 1/4)of Section Twenty-one (21); and the Northeast Quarter (NE 1/4)of Section Twenty- eight(28),all in Township Two(2)North,Range Sixty-four(64)West of the 6th P.M.,together with all ditch and water rights of the Henrylyn Irrigation District, and all enlargements or extensions of said ditch and water rights pertaining to or in any way belonging to said lands and used therewith, excepting therefrom lands described in Deed recorded in Book 1540,Page 379 of the Weld County Records. m:X0'66'Dac.pr AIM IIIII HIM 11111116911.111 11111111 • 2808189 05/18/2001 04:20P JA Soil Tattkamoto 1 of 1 R 0.00 D 0.00 Wald County CO tx SPECIAL WARRANTY DEED .—, THIS DEED, dated r.1"n to 8 2001, between KAUFFMAN BROTHERS LIMITED PARTNERSHIP of the County of Weld and State of Colorado,grantor(s)and JULIUS A.PLUSS,whose legal address is 2400 Cherry Creek Drive South 4306,Denver,Colorado 80209,of the City and County of Denver and State of Colorado,grantee(s): WITNESS,that the grantoris),for and in consideration of the sum of TEN DOLLARS($10.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the grantee(s),his heirs and assigns forever,all the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: The NE 1/4 of Section 28,Township 2 North,Range 64 West of the 6th P.M.,Weld County,Colorado also known by street and number as: assessor's schedule or parcel number.130528000023 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining, the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest, claim and demand whatsoever of the granwr(s),either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee(s),his heirs and assigns forever.The grantor(s),for itself,its successors and assigns,does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee(s),his heirs and assigns,against all and every person or persons claiming the whole or any pan thereof,by, through or under the granter(s). IN WITNESS WHEREOF,the grantor(s)has executed this deed on the date set forth above. KAUFFMAN BROTHERS LIMITED PARTNERSHIP By Me �"--/�-- Mark Kauffman,General Partner STATE OF COLORADO County of Weld A The tong . ' wledged before me this PM day of 7/Mel ,2001,by Mark Kauffman, General Partner ' 'Kd Partnership. a to OA PMT' Witness my hand and official seat N owe :'�I My commission expires: a• :,1QJy (7(3.ni4®� Qr-Rahr07.1•C.Weary nak ';e'm,istsii..IG Name.id Maas ofrason Ong Newly Created Legal Description(438-3St063,CRS.) N.IL Rev.saes areast WARRANTY eons 490135.1 u7 • iu1iiii nuuuuiii muuu 1010412002 mmiiiimimmmiiiiimrnii i iii 1 0l 2 R 11.00 D 3610 JA. 81W"Tsukailob 3%- SPECIAL WARRANTY DEED THIS DEED, Made this 24th day of September, 2002 between J & R Plugs Supporting Foundation, a Colorado nonprofit corporation • of the County of Weld and State of Colorado, grantor,and William N. Stonebraker and Ann M. Stonebraker whose legal address is 4502 WCR 11, Erie, CO 80516 of the County of Weld and State of Colorado, grantees: WITNESSETH that the grantors) for and in consideration of the sum of THREE HUNDRED FIFTY NINE THOUSAND AND 00/100, ($359,000.00) Dollars, the receipt and sufficiency of which is hereby e acknowledged,l has granted, bargained, sold and conveyed, and by these ands assigns forever, all real property,y and togetherfirm unto the with improvements, it any situte heirs lying and being in the County of Weld and State of Colorado, described as follows! SEE EXHIBIT "A" ATTACHED HERETO AND MADE A FART HEREOP TOGETHER WITH all oil, gas, hydrocarbons and pther minerals now owned by Grantor, if any. TOGETHER WITH all waters (derived by the inclusion of certain lands now within) (from) the Henrylyn Irrigation District. . • • also known by street and number as 26536 Weld County Road 18, Keenesburg, Colorado 80634 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, inerest, the above ba gained premises,fwith the the nhereditaments and aptor(s), either in 1pppusrtenances r equity, of ; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the grantee(s), their heirs and assigns forever. The graator(s), for its heirs and personal representatives or successors, do covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable po ion of the grantee(s), their heirs and assigns,eagaiinstoall allr every person or persons claiming the whole or any part thereof, by n the grantors). IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above. J & R Pluss Supporting Foundation, a Colorado nonprofit corporation or� Usage,Nam e" fdt!�4 IJ//if. Atfeisted ✓/et laseb£NT STATE OF COLORADO ss. The foregoing instrument was acknowledged before County of Denver ) me this 30th. day of September, 200^2 - A BY `BAg4,Ltk 01' 4 IM Ai urtztn+ as 1a, 't7Ua,wtam. ' of J & R Pluss Supporting Foundation, a Colored nonprofit corporation E (Y: Witness my hand and official seal. .• �, , I My commission expires-ay 9o, oao04 , • • typTAr�y ; „ �• NOTARY UBLIC No.lt Rev...05 • R .0 dal 11111 VIM��������iii 11111111111 MI 2983247 10/04/2002 09.46A Wild Counry.Co 2 of 2 R 11.00 03610 J.A."Sold"TuuSiob ESCROW NO. : 8058314 DATE September 24 2002 "EXHIBIT A" LEGAL DESCRIPTION The NE1/4 of Section 28, in Township 2 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. EXCEPT that portion conveyed to The Department of Highways in Warranty Deed recorded September 14, 1959 in Book 1540 at Page 379, being more particularly described as follows: A tract or parcel of land in the S1/2 of the NE1/4 of Section 28, Township 2 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the East line of Section 28, Township 2 North, Range 64 West from which the Northeast corner of Section 28 bears North 00 degrees 15 minutes 30 seconds West, a distance of 2,320.8 feet; 1. Thence South 89 degrees 48 minutes 30 seconds West, a distance of 2,594.6 feet to the West line of the NE1/4 of Section 28; 2. Thence along the West line of the NE1/4 of Section 28, South 00 degrees 22 minutes 30 seconds West a distance of 301.0 feet to the existing North right of way line of S.H. No. 2; 3. Thence along the existing North right of way of S.H. No. 2 North 89 degrees 47 minutes 30 seconds East, a distance of 2,597.9 feet to the East line of Section 28; 4. Thence along the East line of Section 28, North 00 degrees 15 minutes 30 seconds west, a distance of 300.4 feet, more or less, to the Point of Beginning. 11111111111$1111111III11111 u0111111111111111urnIIII 1 0011 11 R 609/10/2002 000 0.00 ALP"Saki Twulamoto SPECIAL WARRANTY DEED THIS DEED,dated August 30,2002,between JULIUS A.PLUSS of the City 464 and County of Denver, State of Colorado, grantor, and I&K PLUSS • SUPPORTING FOUNDATION,a Colorado nonprofit corporation,whose legal address is do Allied Jewish Federation of Colorado,300 South Dahlia Street, Denver, Colorado 80246 of the City and County of Denver, and State of Colorado,grantee. • WITNESS,that the grantor,for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed,and by these presents does grant,bargain,sell,convey and confum unto the grantee,its successors or assigns forever,all the real property,together with improvements,if any,situate,lying and being in the_County of Weld,and State of Colorado,described as follows: NE 1/4,Section 28,Township 2N,Range 64W CONVENIENCE DEED—NO TRANSFER FEE REQUIRED -GIFT also known by street and number as: 26536 Weld County Road 18,Keenesburg,Colorado 80631 assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate, right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,its successors or assigns forever. The grantor, for himself, his heirs,personal representatives,successors and assigns,does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,its sucessors or assigns,against all and every person or persons claiming the whole or any part thereof,by,through or under the grantor. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.l(17-1-4411 S A.PLUSS STATE OF COLORADO City and County of Denver _ The foregoing instrument was acknowledged before me this r",(Qday of August, 2002,by Julius A.Pluss. 3.CU O Witness my hand and olfciala I. 3 QMy ssiw expires: • IOTA %IP -dr In-Yam Public Name Ind Created Legal Domplion(J3a-35-166.6.C.R.S.) OF Ns IL Rn.4 4,SPECIAL WARRANTY DEW 539751.1 • 11111 1111111111 Min IIIII 1111111 III IIIII It IIII Coon/.CO 1 of 1 R 8.00 D 0.0002 09JA. Sold TwMamoto ct QUITCLAIM DEED THIS EED.dated St—td eni a.tn- 3O. 100Z between Kauffman Brothers Limited Partnershi a Colorado Limited Partnership of the 'County of We Id and Sum of Colorado.grantor(s).and William N. Stonebraker and Ann M. Stonebraker, as tenants in common whose legal address is 4502 WCR 11, Erie, CO 80516 of the County of we ld and State of Colorado grantce(s). WITNESS,that the grantor(s).for and in consideration of the sum of***************************** ********************************************************ONE DOLLARS. the receipt and sufficiency of which is hereby acknowledged.ha S remised,released,sold and QUITCLAIMED.and by these presents doeS remise,release.sell and QUITCLAIM unto the grantee(s),their heirs,successors and assigns forever,all the right.title.interest,claim and demand which the amnions)has in and to the real property.together wills improvements.if any. situate,lying and being in the County of Weld and State of Colorado. described as follows: The NE 1/4 of Section 28, Township 2 North, Range 64 West of the 6th P.M. TOGETHER WITH all oil,gas, hydrocarbons, and other minerals now owned by Grantor, if any, and TOGETHER WITH a'pro-rata share of all waters derived by inclusion of 132 acres in the Henrylyn Irrigation District, EXCEPT reservations and exceptions of record also known by street and number as: WCR 18, Keenesburg, CO 90643 assessor schedule or parcel number: TO HAVEANDTO HOLD the same.together wish all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining.and all the estate.nght title,interest and claim whatsoever of the grantor(s),either in law or equity,to the only mow use,benefit and behoof of the grantees)its heirs and assigns forever. IN WITNESS WHEREOF,the gramo�r((ss))hha3 executed this deed on the date err forth above. he Kau Broth•s '1dInited Partnership by Mark Kauffman, Partner STATEOF COLORADO ss County of WELD The foregoing instrument was acknowledged before me this 30th day of September ,2002 , by Mark Kauffman, Partner a tj 49, Alb my hard and official seal. y mission expi . 1— —05 KIN ets `MAR applicable.Lynn'CM and". ttu's hat. 'rF F CO — Mone.JA,4es Pe.*&Lang N+M1 Ceased Na Rawma OU.25.iaw5.C RSP No.933.Rev.490. QUITCLAIM DEED Bradford P,Uinana 043 waste St.Oman.CO 10202—0031292-2500—www.todfwdpablhMM.coa—4.02 • TRANSNATION TITLE INSURANCE COMPANY August 06, 2002 Dear TRANSNATION 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 statement 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 Title Insurance Company, Land Title Insurance Company, Lawyers Title Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, and 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 Fort 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., 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 Title Agency, Oregon Title, Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services: LandAmerica OneStop, Inc. Page 1 of 2 TRANSNATION TITLE INSURANCE COMPANY August 06 , 2002 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 estate services to consumers . We collect information about you, (for instance, your 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 deed, 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 account 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 adopting 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 sharing without 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 provide information to government and law enforcement agencies . Companies within 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 we 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 through a title insurance agent . Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. Page 2 of 2 TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8058314 C-2 1 . Effective Date : September 9, 2002 at 7 : 00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner' s Policy $ 359, 000 . 00 $1, 105 . 00 Proposed Insured: Stonebraker Corp. , a Colorado Corporation B. ALTA Loan Policy $ $ Proposed Insured: Tax Info Services $20 . 00 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: J & R Pluss Supporting Foundation, a Colorado nonprofit corporation 4 . The land referred to in this commitment is described as follows : (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSNATION TITLE INSURANCE COMPANY By Teri L. Faulkner Authorized Signature Issued: September 23 , 2002 TLF/SLS/klk TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8058314 C-2 SCHEDULE A - Continued LEGAL DESCRIPTION The NE1/4 of Section 28, in Township 2 North, Range 64 West of the 6th P .M. , County of Weld, State of Colorado. EXCEPT that portion conveyed to The Department of Highways in Warranty Deed recorded September 14 , 1959 in Book 1540 at Page 379, being more particularly described as follows : A tract or parcel of land in the S1/2 of the NE1/4 of Section 28 , Township 2 North, Range 64 West of the 6th P .M. , County of Weld, State of Colorado, said tract or parcel being more particularly described as follows : Beginning at a point on the East line of Section 28 , Township 2 North, Range 64 West from which the Northeast corner of Section 28 bears North 00 degrees 15 minutes 30 seconds West, a distance of 2 , 320 . 8 feet ; 1 . Thence South 89 degrees 48 minutes 30 seconds West, a distance of 2, 594 . 6 feet to the West line of the NE1/4 of Section 28 ; 2 . Thence along the West line of the NE1/4 of Section 28, South 00 degrees 22 minutes 30 seconds West a distance of 301 . 0 feet to the existing North right of way line of S .H. No. 2 ; 3 . Thence along the existing North right of way of S .H. No. 2 North 89 degrees 47 minutes 30 seconds East, a distance of 2 , 597 .9 feet to the East line of Section 28 ; 4 . Thence along the East line of Section 28, North 00 degrees 15 minutes 30 seconds West, a distance of 300 . 4 feet, more or less, to the Point of Beginning. Page 2 TRANSNATION TITLE INSURANCE COMPANY .-...Commitment No. : 8058314 C-2 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies . Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100, 000 . 00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604 .5 (NONRESIDENT WITHHOLDING) . r'1 NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER' S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. A. Certified copy of Resolution of the governing board of the J & R Pluss Supporting Foundation, a Colorado nonprofit corporation authorizing conveyance and reciting that the board has been duly authorized in the premises by the corporation. Said Resolution must be properly certified by an Officer of the corporation with Corporate Seal affixed. Said Resolution must be submitted to and approved by the Company, but need not be recorded. B . Deed, executed by the President, Vice President or other head officer from J & R Pluss Supporting Foundation, a Colorado nonprofit corporation to Stonebraker Corp. , a Colorado Corporation. NOTE : Corporate Seal or facsimile must be affixed. Page 3 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8058314 C-2 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, 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 theretofore or hereafter furnished, imposed by law and not shown by the public records . 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment . Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6 . a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district . b. Any and all unredeemed tax sales, if any. Note :Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 4 TRANSNATION TITLE INSURANCE COMPANY ,Commitment No. : 8058314 C-2 SCHEDULE B - Continued EXCEPTIONS 7 . Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14 , 1889 in Book 86 at Page 273 . 8 . Reservation of right of way for any ditches or canals constructed by authority of the United States, in U. S . Patent recorded December 7 , 1921 in Book 511 at Page 554 . 9 . Right to deny or restrict each and every right of access to and from the Land insured hereby, directly onto abutting street or highway designated as Colorado State Highway No . 2 , along or across a line described as follows : Project No . I 80 S-1 (16) 28 Parcel No . 19 Northerly Line Beginning at a point on the East line of Section 28 , Township 2 North, Range 64 West of the 6th P.M. , in Weld County, Colorado, from which the Northeast corner of Section 28 bears North 00 degrees 15 minutes 30 seconds West, a distance of 2 , 320 . 8 feet ; 1 . Thence South 89 degrees 48 minutes 30 seconds West, a distance of 2 , 594 . 6 feet to the West line of the NE1/4 of said Section 28 . by reason of grant or relinquishment of said access right (s) by deed to the Department of Highways, State of Colorado, recorded September 14 , 1959 in Book 1540 at Page 381 . Page 5 TRANSNATION TITLE INSURANCE COMPANY .... Commitment No. : 8058314 C-2 SCHEDULE B - Continued EXCEPTIONS NOTE : The following notices pursuant to CRS 9-1 . 5-103 concerning underground facilities hae been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company recorded October 1 , 1981 in Book 949 as Reception No. 1870705 . (b) Colorado Interstate Gas Company, recorded August 31 , 1984 in Book 1041 as Reception No. 1979784 . (c) Associated Natural Gas, Inc . , recorded April 10 , 1989 in Book 1229 as Reception No . 2175917 . (d) Public Service Company of Colorado, recorded November 9 , 1981 in Book 952 as Reception No. 1874084 . (e) Western Slope Gas Company, recorded March 9 , 1983 in Book 990 as Reception No. 1919757 . (f) United Power, Inc . , formerly Union Rural Electric Association, Inc . , recorded January 24 , 1991 in Book 1288 as Reception No. 02239296 . Page 6 ISSUED By TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner 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 120 days after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment,Conditions and Stipulations attached,to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. TRANSNATION TITLE INSURANCE COMPANY QQ /� / /� ham\\gm IMJpq, �f Attest: /yAtivt(.� iyigl��Y'-a ,h ,vcoaror��fN ; . By: (/// (/ U Ote. Sur u an Secretary President At1Z0PA 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 undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or 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,the 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. PA 3 American Land Title Association Commitment•1966 Cover Page Form 1004-248 ORIGINAL TRANSNATION TITLE INSURANCE COMPANY _., 1113 Tenth Avenue Greeley, CO 80631 ��atrr flS Metro Brokers Maximum Company 9036 Wadsworth Parkway, Suite 4000 Westminster, CO 80021 Attn: Verlene T. Leeburg Order No. 8058314 C-2 September 23 , 2002 RE : Stonebraker Corp . , a Coloraod Corp. /J & R Pluss Supporting Foundation 26536 Weld County Road 18 This revised commitment reflects changes to the following items : Effective Date Buyer/Lenders Names (s) Vesting Requirement (s) : we are pleased to have the opportunity to be of service . If you have any questions or changes, please contact Melinda Baessler at 970-352-2283 cc : The Bell 5 Land Company Attn: Kirk Goble Julius A. Pluss William N. & Ann M. Stonebraker Transnation Title Insurance Company Attn: Melinda/Escrow Manager ‘, TRANSNATION TITLE INSURANCE COMPANY Order No. 8058314 NOTICE OF POTENTIAL MINERAL SEVERANCE / Il Schedule B of your commitment for an owner' s title policy reflects n exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088) , this is to advise : (a) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner' s permission. Hello