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Home My WebLink About20010022.tiff CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The FIRST AMERICAN HERITAGE TITLE INSURANCE or ABSTRACT 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 tojilleallIM12.; LEGAL DESCRIPTION: See attached Exhibit "A" CONVEYANCES(if none appear,so state): Reception No. 1749436 ,Book 827 Reception No. 1747491 ,Book 82,5 Reception No. 1818244 ,Book 896 Reception No. ]746162 ,Book 824 Reception No. 1078395 ,Book 1 265 Pag 307 Reception No. ,Book Reception No. ,Book Reception No. ,Book 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 an Abstract of Title no an opinion of Title,nor a guarantee Title and the liability of FIRST AMERICAN HERITAGE TITLE COMPANY,is hereby limited to the fee paid for this Certificate. In Witness Whereof,FIRST AMERICAN HERITAGE TITLE COMPANY,has caused this certificate to be signed by its proper officer this FIRST AMERICAN HERITAGE TITLE COMPANY Company BY: Authorized Signature 2001-0022 I MIBIT ^s'1 All that part of Lot "D" of Recorded Exemption No. 0957-21-2-RE172, recorded April 24, 1075 in Book 737 as Reception No. 1058900, being a part of the VU of Section 21, Township S North, Range 07 West, lying south of a certain line and south and west of the north and oast boundary line of the Greoloy and Loveland Irrigation Canal, more particularly described as follows: BEGINNING at the Northwest Corner of Section 21, Township 5 North, Range 67 West and considering the West line of the Northwest Quarter (NW}) of Suction 21 to bear South 00°33'50" tfost with all other bearings relative thereto; Thence South 00°33'50" West along said West line 2006.43 feet to the TRUE POINT OF BEGINNING; Thence South 86°10'21" East, 710.87 feet to a point on the East boundary lino of (ho tlreoley and Loveland Irrigation Canal; Thonee South 22°50'41" East, 070.07 feat; Thence South 21°30'39" East, 328.00 feet; Titmice South 41°00'44" East, 425.82 feet; Thence South 58°40'20" East, 404 .53 foot; Thence South 00°39'33" East, 408.01 feat; Thence South 75°54'41" East , 102 .18 feet; Thence South 71°26'47" Bast, 281.48 feet; Thence South 6191'U4" Bust. 157.29 feet to a point on the Rust line of tho W; of said Section 21 ; Thencq South 00°03'44" Wont, along the East line of the West Half (W;) of Section 21.E 847.47 feet to the South Quarter Corner (SjCor) of said Section 21; Them ] Si Nth 00°110'00" West along the South line of the Weat Half (WI) of said Section 214 2608 .06 feet to the Southwest Corner (SW Cor) of said Section 21; Thence North 00°40'44" East along the West line of the Southwest Quarter (Sly}) , 2014 .02 feet to the West Quarter Corner (W&Cor) of said Section 21 ; Thence North 00°33'56" Runt along the West lino of the Northwest Quarter (NW4) of said Section 21 , 83. 12 foot to the TRUE POINT OF BEGINNING (T.P.O.n .). A 7a APO_L1978 n ` .. CD ...: Reco.Nd at FY tf '(� *--1---1 clack _.X.M. OO h "P r a �( 1749436 Mary Ann F arcin,PKadl a 827 R.c.No. . _ —_.._ _.. C7 si S . EXCHANGE - WARRANTY DEED 'f KNOW ALL MEN BY THESE PRESENTS, that Boresen-Iiertzke Farms, ` ' �t , .10,.10,whose address is 4925 W. 4th Street, Y a General Partnership, f.. , �, Greeley, Weld County, Colorado, for th000 00)e derahand paidighereby ' eu. Five Thousand and 00/100 Dollars ($85edem • sells and conveys to Donald A. Wiedeman, whose address is 7995 ` ; - ;.• 4th Street, Greeley, Weld County, Colorado, the followiState ral O estate and property, situate in the County >��.� • ..!, �' of Colorado, to-wit: 4' , r wr t • All Lhat part of Lot "B" of Recorded Exemption No. 0957-21-2-RE172, recorded April 24, 1975 in Book „ r • " • . 737 as Reception No. 1656900, being a part of the .� -, o West Half of Section 21 , Township 5 North, Range 67 w lying south and west of the north and east bound- ••k � „i West and Loveland Irrigation Canal, o N g o arywhich line of the Greeley particularly described as o boundary line is more p fo'.:as: � 1p See Exhibit I rights b reY^o r. jj S 1 excepting therefrom any claim to any g 5 of any units of allotment from the Northern Colorado Water Conservancy District. ;+ •••. together with all ?ts appurtenances and warrants the title to the ' • : same, subject however, to the following: i. 1. 1978 taxes, payable in 1979. 2. Patent reservations as contained 40 oftthes recorded in weld County ',. Book 208 at Page 27 and in Book 153 at Page _ Records. 3, Mineral reservations as contained in Deeds recorded in A w Book 233 at Page 227 and in Book 112 at Page 334 of the Weld County Records. 4. )21• ' 4. Surface Owner's Agreement recorded in Book 1165 at � , F. Page 151 of the Weld County --- 5. Easements recorded in Books 766 under Reception No. 1688341 and Book 775 under Reception No. 1696509 of the Weld t •`. '.....: County Records. . •'r 6. Inclusion within the Northern Colorado Water Conservancy �' . '� District, West Greeley Soil Conservation FiretPr tectionrict, lDistr Thompson e Water Valley District and the Johnstown r •`� Signed and delivered this 3/k day of 72�n'_�—. 1978. Fee Boresen-Hertzke Farms, a General rr_i1918 ate Document°ry Partnership Byc .C� • _ () Gen ral Partner STATE CF COLORADO• ) se. _ A �•aj. COUNTY OF WELD ) ,_. TheJoregoing i}nstrument was subscribed and sworn to before this �✓day of %hate/t, 1978 by A. vrnee f'�• /pert ....aeGeneral Partner o� Borese Farms, a enera artners p.i • �l i48o My. Commission expires: Maz , q,v Y ---r— �y •/,J EXHIBIT J b'. '��0 ^ Notary Public 7! /; • pU3 ((-4 rt CI c° y a�o'a,w.a•' A;Y.L�.4.f,"eX G.•♦ g .", -i. s. x ip sn + : s �tf '" y, '4P f '• Eice.', `i'" A' ,t r ♦ T r+1 b F '.a •Y 4'., {,de.rRF s , t ht • Y: {', aursf*.�t�ba. ♦ �' t.w s t w ,.,..{'yt i.+..♦..:•a,e`...« -«a+,«•y.awen� y, - r5J K ! 'ff w eoo 827 1749436 �r= i ST EXHIBIT /. rf ¢i • t' ' Beginning at the Northwest Corner of Section 21, Township 5 North, , 1M Range 67 Hest and considering the West line of Section 21 to tzar y e • South 00°33'56" West with all other bearings relative thereto: Thence South 00°33'56" Went along said West line 575.63 feet to the • .;! ocr.'"rue Point of Beginning; Thence South 70°03'39" East, 338.75 feet; y ` rl '' ••6 a -♦ � Thence South 61°24'01^ East, 790.41 feet; Thence South 26°10'13" East, 161.74 feet; Thence South 24002'58" East, 366.90 feet; Thence South 07°20'02" West, 95.01 feet; Thence South 61°58'06" West, 161.3 feet; i ' -} • Thence South 73°33'53" West, 214.06 feet; Thence South 51°26'38" West 4y •v it feet; Thence South 17035'14" West, 255.41 feet; Thence South '( ta., rl,� ••vii 00°40'37" West, 182.36 feet; Thence South 12°16'46" Fast, 233.66 feet; ?' ' '•, 4 ':yy. -o Thence South 22°53'07" East, 77.44 feet; Thence South 22°50'41" East, , ky 670.67 feet; Thence South 21036'39" East, 328.96 feet; Thence South 4 41°00'44" East, 425.82 feet; Thence South 58°40'20" East, 404.53 feet; r� } " Thence South 6903. y, 40.8.01 Thence South 75°t4'41" Eest, 162.18 feet; Thence South 71°26'47" East, 281.48 feet; Thence South r1 i rf0 61°11'04" East, 157.29 feet to a point on the East line of the West usf . •tZ•.. Half of said Section 21. r' 1, . .. 5 `---r '"t tiK **IA. ty• 3 -'� y• 1 a'r: n.? •4 ek:'. 'y �♦ �.. frt. d.; :Pi. a. • "1..:.. • A y I • I • • • e _ M 1 ; ^`,r i-,, 0..cad•4 at _/ o'clock .4' 78 ,J•T .r . ' cqK �+ r e 174 7'19] Mery Ann hue-stein, R•mon 825 R•..t+•. C't ,.; WARRANTY DEED ".. r ° �' e.. KNOW ALL MEN DY THESE PRESENTS, that Theador Dlehm, whose °. addre .s is Milliken, County of Weld, State of Colorado, for the y' }k, 4.w.. consideration of Eighty-Five Thousand and .00/100 Dollars • ', - �:pk c �� ($85,000.00) in hand paid, hereby sells and conveys to Boresen- • ,..-i Hertzke Farms, a general partnership, whose address is 4925 and State of Colorado. • i '' 1 . W. 4th Street, Greeley, Count y of Weld situate in the County of • the following real estate and property, (_•. .. Weld and State of Colorado, to-wit: f All that part of Lot "B" of Recorded Exemption No. •• i 0957-21-2-RE172, recorded April 24, 1975 in Book o y • . , t 737 as Reception No'. 1656900, being a part of the a R k t 0 West Half of Section 21, Township 5 North, Range 67 tv • E4',.. .. West lying south and west of the north and east boundary ,, I, line of the Greeley and Loveland Irrigation Canal, o Jj' • i .. ^ which boundary line is more palticularly described °' a .. as follows: , "_�_• 1/'.4 r4I rt See Exnibit I ° i • - z „ t;.' excepting therefrom any claim to any rights by reason " `mow;_ -- of any units of allotment from the Northern Colorado Water Conservancy District. sy ,:, 'I �.,<. together with all its appurtenances and warrants the title to the +n,'* same, subject however to the following: "• " .2• ,ffi •_ a7 1. 1978 taxes, payable in 1979. P5 ,, • ; .., 2. Patent reservations as contained in patents recorded in fan . q , Book 208 at Page 27 and in Book 153 at Page 40 of the Weld County y • q[pp[,,Zrp Records. "'c 41 7� N 3. Mineral reservations as contained in Deeds recorded in ' • ' '�._— e..-..., ' 1,4:!,0`1,4:!,0Book 233 at page 227 and in Book 112 at Page 334 of the Weld !r County Records. a ,-' ti } � 4. Surface Owner's Agreement recorded in Book 1165 at Page 151 of the Weld County Records. . .;1. • OA 'k� 5. Easements recorded in Books 766 under Reception No. ,� RR(;. i , 1688341 and Book 775 under Reception No. 1696509 of the Weld ' R; N, do& County Records. _ ....i' 6. Inclusion within the Northern Colorado Water Conservancy ''�. District, West Greeley Soil Conservation District, Little Thompson .. ' - DistricWater Valley District and the Johnstown Fire Protection District. . 4 • Signed and delivered this /9 day of 2, .lrr it, , 1978. ' a • 1 '3 4 d1 .1.4J. sfhead r Blehm .'•. !'- • '. STATE OF COLORADO ) . • ) ss. ; COUNTY OF WELD ) 1 444 _� The foregoing instrument was acknowledged before me this ` J ��,•,a /�— daY of J�J,t• -/� 1978 by Theador Blehm. if` s My Commission expires: w, pT- ,.ti .-c ,'> 7 1780 rc x. C':\NY / / ,• PIl• State Documentary Fee - N Laryub11c c ` 'tr. Cr MAR 15 1978 - k +�4 • i f i 6.F r,= 6OoI, 1747491 825 . a•a d EXHIBIT I w' if ,h1 :..a. ...� L�". ' Beginning at the Northwest Corner of Section 21, Township 5 North, • .' ` , Range 67 Wet and considering the West line of Section 21 to bear f' "Ir. I . 6o6eh 00O ' A 3J'56" West with all other bearings relative thereto: ey 4*, � A '3 i•• Thence South 00°33'56" West along said West line 575.63 feet to the ,Trge Point of Beginning: Thence South 70°03'39" East, 338.75 feet; a 4 p_ P f ;Thence South 61°24'01" East, 790.41 feet: Thence South 26°10'13" East, •' "7 " `i 7, ;161.74 feet: Thence South 24°02'58" East, 366.90 feet; Thence South % j* I07°20'02" West, 95.01 feet; Thence South 61°58'06" West, 161.3 feet; Thence j " qqttu r'- '.M �� South 73°33'53" West, 214.06 feet: Thence South 51°26'38" West a N- 220.44 feet: Thence South 17°35'14" West, 255.41 feet: Thence South r I3 •f • 00°40'37" West, 182.36 feet; Thence South 12°16'48" East, 233.66 feet: r {' ' • �Lr.� s Thence South 22°53'03" East, 77.44 feet: Thence South 22°50'41" East, �',f , ► ' J!; ,+ a 670.67 feet; Thence South 21°36'39" East, 328.96 feet; Thence South 'l '3r ra 41°00'44" East, 425.82 feet; Thence South 58°40'20" East, 404.53 feet; ' il N Thence.South 69°39'33" East, 408.91 feet: Thence South 75°54'41" East, a o 4r 162.18 feet; Thence South 71°26'47" East, 281.48 feet: Thence South '•4 61°11'04" East, 157.29 feet to a point on the East line of the West half of said Set'_an 21. ., ..,,, , • V",: -''2 h' r au tCr a v. i A to 131 :::::,..1—..,..._:...i. " r r '• ' t a ri ct aa . J - - � .4. '''yiiiii y... JS . yZ SO ,�yy✓ -A .1 za b ' y. 896• , t - fi. 1818244 : vy, 1-/ C6 t.;. '... �i. State C1 of Colorado, Weld Canty nk 6 Rawest CORRECTION DEED '• KNOW ALL MEN BY THESE PRESENTS, That we, EDWIN P. HAEFELI, CECILIA M. HAEFELI and JOSEPH L. HAEFELI, being the surviving members of the .4. .. , '�. f' a last acting board of directors of The E.P.H. Corporation as named in the files of the Secretary of State pertaining to The E.P.H. Corporation and ° • , e�. pursuant to the authority set forth in Section 7-8-122(2), CRS '73, for ; .`y, • the consideration of other good and valuable consideration and TEN DOLLARS t: • •r _ in hand paid, hereby sell and convey to THEADOR BLEHM, whose address is ; `:•:.:•7 .; . ..---,?.!....11, 11357 W,C. Rd 52 Milliken, Colorado , County of Weld and State of Colorado, the following real property in the County of Weld and State ., • N of Colorado, to-wit: 0 Lot "B" of Recorded Exemption No. 0957-21-2-RE172, re- corded April 24, 1°75 in Book 737 as Reception No. 1658900, being a pe •t ,,f the West Half (W1/2) of Section Twenty-one (21), .:'mship Five (5) North, Range Sixty- ' = , }• r. ` ,`f, seven (671 West of the 6th P.M., Weld County, Co]orado, cn F t ^' with all its appurtenances and warrant the title to the same, subject to -- W all matters of record, taxes and existing rights of way. - • • , This aced is intended to correct that certain deed recorded March 2, 1978 in Book 824 under Reception No. 1746162, Weld County Records. __ Signed this 28th day of February , 1980. ,, „k.t ,,4 • e Edwin P. Haefeli 4, izCecilia M. Haefeli // ' ` \� 1 isthe surviving members of the last • • �{ acting board of uir'ctors of The E.P.H. Corporation as named in the files of the Secretary of State pertaining to The E.P.H. Corporation STATE OF COLORADO ) `'""'"_-''`" • sa. COUNTY OF WELD ) T e foregoing instrument was acknowledged before me this a79 day w ' of ��"<in, , 1980, by Edwin P. Haefeli, Cecilia M. Haefeli and — r Josdph L. ae - li and each of them, as the- surviving members of the last acting board of directors of The E.P.H. Corporation as named in the files of the Secretary of State pertaining to The E.P.H. Corporation. yy ,4$}t ass my hand and offic•al seal. 4 .' ,c .... rp J7 /9110 ??. My Com 'eion expires lit, �. /.!iU al ,.., y 6a�1uotarerti � 9i :'\,t*r • �1 . _ 4 ..a ..q . I , l < i w: rp ilt cJ m�,1 „�} n �(+Y�y�ry,V ! "' f Y_ • h� , ° 'v i'C n. � 4 ?'j 1 °/ Y I it �n�u:h.*T<,,,•,,,f e .,.\,,g• 4,.0±4.,SII'be.-4.'is s,,G.i.'L 1:-.41.-•4-7'444 ,tk e `4y/ 4 Jrt. • ..4 4'.r--«.4--1,t"ass ,?•I' he ' f•- •fir: r x e e. t•—•14`. 1 -. t 1• ...3!'—.2...2::'' 4 •.•' k; . fy t µF./ ad r.W IT pi jr . - , ,. d ? £; gGpK MAR 1978 711;... In;r i. )O°1 $24 Recorded at a d°<k. ,t M i 1'7 --I-- '. WAY ANN ffufgsrtlri d r •rt t Reception N i -. - ==1 14../..� p _ - I '. ;.._ Recorder'.Snmp lxf:. V e'••. THIS DEED, Made thin let day of N •:h I II, 7O,Mlween CPII Corporation, a Colorado corporation I C fS' 1 I III ' 1 ..°rPnnnn dolt omm�xnt non existing under and by drum of the law. _ .;... ._ ₹t P, ` t. Stole Docurnent0ry fee 1 . f f ,:, of the Stair of Colorado nine tint part,and w MP4.,..° 1978_ « � C r.. Th dot nlehm A ) i /./ . . Dal II • • LA F �a ' ,� ( , S yj sad...D.CL.- I 1 r' _ m �o Weld 1 State of —�—�� I lv W Y Y of the County f o LLLLLL �r. Colorado of the second nnrt. 1. I I P'RSP.SRFTH.TTet the end Part)of lAe Grst Put !°r noel n m drnti.n of the sum of DOLLARS, p my-. �, '+ • it a Other Valuable Considerations and Ten ,. Yn to the said petty of the f rot port In hand paid by the nnid party of he,tar nd part,the edelpt whereof In here- a a 4 r Fnrpnined,n I I nod conveyed,and 1 y these presents doth Front bar. on [�-l1• TI;' 6• it �I b>n,nell,n end sac' aiMg d unto part shis heirs.and we've for •4 +• '' nein sell con and confirm unto the said of the •cord part, ^ ever, cepO }[} + all of the follonmg deter heel lot or parcel f i d t t IynF and b inF T the I 0 M�„ V I County of Weld and State of Colorado.towit: pl q t r SS a, v Lot o Recorded Exemption No. 0957-21-2-18'11; r cord l April 24, 1975 r-/�2` �1 under Reception No. 1658900 in P ,k 727 Weld C ty Records, located N e. �,i V Jd in the WS of Section 21, Township 5 North, Panne e7 West of the 6th I • a l 4 P.PI., Weld County, .°totals. sad. 'Cft fir v I 'E r. • an •N • pas ' 1 III TOGETHER with all and nnFuler the Fereditamenp and appurtenances 'hereunto belonging. or -n anywima and fts thereof and ell the estate. i(v{ right. t met F, and the reversion., rt - d iprofits r }JI nFfil title, interest,claim ands demand whatsoever of the d party of the nett part,either in law or equity,of,in 1��1� ;>E and to the above bargained premises with the hereditament.andappurtenance. 1 ��111 TO WAVE AND TO IIa1.D the said pnminen b bargainedm d I ibed with the at lunrnnnre unto the p f ' T .. said party of the nerond part his heirs and assigns forever.And the a+it i I HA i mar pang of the first part,for itself and its sat anon loth covenant grant,bargain,and agree to and with the maid party of the se tad part, his hens and stn urn,that at the tin"of the en eating and delivery o, these presents it la well , ; mined of the above conveyed,an oft goon sure.perfect.atanlute and indefeasible estate of o inheritance,In T _ 'q in fee Emele and lath good right,full power and lawful with'r ty t,grant barg+ sell and convey the nine and :c aforesaid,and that the nn re free and clear from all former n,nd other grant.,bargains. • I4 miles,manner liens.ctaxes,.momenta and inrumbnnt ea of whatever kind or nature enever, dIlt- Except taxes for llvn due and payable to 1979, .' red ,:wl 4 ^, -... li I N t•-:- e- n wet end t<mdar rynn offib told party of the eenna part � and the above bargained pnn sae. the yran n ns lewdull claiming tar to le m the whole his Fein anddnarns against all end every pent ortwr Ny vnim'ER DEFEND. ?"$' au),part thereof,the said party of the first part shall and will N ARRANT A O r ;{ or IN WITNESS WHEREOF.The maid party of the first part lath anted its corporate name to be hereunto t nubxribed by iu President,and iV co rporate e neat tot Hi hereunto aird nested by is Secretary,the day and1 a tint Mss mitten ' t Mt ti j, _ n �' R>-Tl� P. 11:iefe7 i'- r�:ra 8 J1 •:# . :i J tot 4Fi COLORADO, �; ..:L taj / CNnii of Weld in. i tit tT nnati_- _.}p , as veil r 71 r,t Tip'furFoing{ earv', ii a acknowledged before me thin 1 sat � ,1~n� • sPrnidmt and I 1�7 Onnass 11Vsep P. Ilacfell and �? • Iv: I 4ss+..•hoseph 1 ill tali 'tn./ PI Secretary°, i btpontlon. s. N• / My nouddmmmis:nn expires I. say } Wports my hand and official lint 11 ; t n A r - No.(OIL WARRANT paaD—CmrnnIk. -andnnd robkhiaa tb., stoat aunt aunt Doom.Comae. ri-ri ]pA6( r.tJ+7 s.a.•ij • rm tc, 1sT t n.' •-4 t i`�,t.R r A k, i ` .p.ak," y.fy'ir!(1yi�a�gtAi4l,abyl5`a�R,.i.:anfYi•�Ma? t•. t sal. ,ty' �n 4 :,, :, • ! a u YJ/i7�i .:I � tar :. ..a.A.ti p .ri / ,. •. .• . ., a.,. a treiouso _ • l eroded ul_Y_---dek a --' -`— " r 00/120 Retrials en-n)_sFQM -. Recorder. y` Know all Men by these Presents. That CLARA FRANCES Sky:FELI t, Nona of the stay ed Wild read Sew d Ceiorse% s =• IC r« the ea.,ldenese. ad Ten Dollars and othor valaeblo considerations aimilz ' , . ' • . .`, h, hand,aid.hereby fell sad cams w TN$ S.P.R. CORYORATION, a Colorado r 4 •, . j r Corporati(.n, r 771tlbmatrw . : e, soon( atsetq� Canty el aid -: ,. w _� the(State of eel Colopropred*, to eases a the •+, n+,- •- amt State of Colorado, fo-wa: . Township live (5) -- The West Half y s) of Section sTwenty-oneu , th POI., together with. r ~,t..: North, Range Sixty-seven 6b) or in any wise pertaining to all ditch and water rights reoband elpg shares of thesaid land and ur••+d thc:eon, and evpealally four (4) tit r9) shares . -• � ,•-: capital stock of The Seven Lakes Reservoir Company, *let of the capital stock of The Greeley and Loveland Irrigation Company, - • ` 5( and one water right in the Loveland and Greeley Reservoir evidenced 150 • by Contract No. 3.4.7. Together with the benefits accruing end subject to the obligatet reason of an allotment of 100 acre—feet of water ,l „ ` too sadexistingby by ,, to said lend Northern ColoredoN'la Water Conservancy 1 recorded in Book 1Cl4IF. Fags 36k, rt Subject to lien existing by reason of the inclusion of said , property within Northern Colorado Water Conservancy District, and ' to all reservations, exceptions and encumbrances of record. e `f'J ., • a . to * } i - 1. ~ t' . to' -lo . t__ 4 .. w iili all its appurtenances, and mamma the title w the lace,e�bjort w the above. I t. ; rr t L: C �...4.1day of January ,A.D.19 I•! . Sib.eJ and delivered this '_C. In the t•rere«e M ) [; ✓ F�Intreefiln of`•)SEAL) i b t 4, C rrs�ran Rea Naefe/i _ _ _ ____.__ _(SEAL) > . `: (SEAL) ?_ , S .e'O.. OLOINDO.l O es. .• J 4e.se l92strentent was aekeorrledeed before ore this 3d day el February, .hp t Frances Raefell • . a( trisad official ma .. . . 4I. -. "r ',CA � e. O t o O tott ,,�'� Neap Kant. ' •.cart eit l _ Asial awes ly et as ate• f' �r.d�ar� w,rw.�.Miw.�abaruwt maw waarrrar�Y.�r�rerar+ nelq la ra,raar�el�a�Fe Asia (Ill" =rat" li en,s•i,wad at rti scan el.wk ehrjorra.o itt �e� r�eaaaaea�ew.a dare IMI. • 5.uw.A tT DRIi)—auewry nee MtVfy Pilsen. (Iola.Calerads. t S. .* .... • y. .,.._�n./ ..v.. t a -. it .) • �' _ `, {x :r t - .•. �!'a4 _. .. ..._._.� _.. }_:-.. ..,... »�•ti.-'at _. s'f'r'_ r •a:=t a. _ �•.�j' «N zs•1......t c•.�-,� $�s.a.�".fiJ'f .y2 .3�i-..,.•-i. AIL:. 1°41 c 14;1 rt t t . y}• It t }rT i t [tt {t tJ tt r . t " a t [ a. i�(ti{{ll ;tl t�}y 11.11 �r�tttt� t► trttilrrf Ali}E ,E ��it(ftt11� i�� l ��` t i �} r • I 1 `' t[ x i , cn S t lj t � () list ar. ji l t tr all rI' ( t 1 tt r e .1 lt. ro r -i m = t `t`(st! r t. !�tits f trI� I tt ft ittatar .t i t �1 1 t t I • Ia [ 9 r n t... .. i i � �I fl �:�j � i�F t yl It [ �t �l�t 1 ! 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' y• a ]r >;'TATC(X CD 10teGD._ _..._.._.1 PY++R"'CICIA D.`..I.�DMOUM� ' .''` 3r-"•-- •. �• COtlfTY OT yt1&._ _ __.ir Am' Y7—DCn1DUAi A eRTOR!M!Se al..wr.<.If•...f I'a&r rT r]rll Comm W Srr r r _ __ _— _.._.__ dry N. . __=.ecembtr__.all-nab ap.+d.__DOBAL2A--I�, .• __ . r;a# .f 1 ..rldr a ea rural A � r r Ir.-r b`•I.r].I Ir _ jr_opt Y .b.��.r Amy.r1 j..r.1 a+nan f.y marls a r r M l{+. M.ere'r r r .xI . . Ira. � r t 4 • a .t)T �I I••a-r W pawns e...r w—• b • -I' •: tT .00.1. r Sy.r ha See tam. 'r Nam Tb-Mae,r 1 ..OA.d-.{A� ST ATV.f7 _ ._ .. 1- P�� t ....... ♦ t'`a . -f_ Acr.Oel 4-______IQ 1 ;. _. _. Ake.. MIONM I�v ri..fr♦••Nary ►ib,r r M.•.f(r- W Fr. r f►_. _. -- - is r rrn whoa Nrad psis—.tea r a. ..aid Ir '.• S ti - N n.-•S W•rlr.b4♦r r Oak ♦/T~.ad Ow r as .. _ Yw • mod vary ra a ad r.So rare a dean ...r w 1.rA PI wmfsv w/m1tsQ. I bra bran r aid .I♦.d r 5 Fy IT •. My Camans Ruyan* II. .! NAB ---. '._ • C A00.00M .,atT Om to b OT-irI I.rrd f_ �. , 1 ` ..• _« C.rn N .._ __. ___ . A D A .lam a*T••+-•e• a , y Q M V. N Ir.- .J.bwa t.• . rr/wre. ✓Y,. .a Yrl ybwA. a .. _ r .r•• S. r.I •w.d r.V rr-rra.S.r.rrare.a N is rrra- w oo W sad astray* .'•. ♦rrd W sad r Mal 4 r1 are.•-•••• ►1 mow, N r eal N s—' W —s • z r y , framl 4•f r/ r--- as*.v M.NI W rA se rM arose ♦.. a .AD I, Wane...W W-N w.. ---^---•. -- Pry Nar • •- - MALI .p 1 1 I w 1 L• i 1 t 1 1 e -1 iii 4 E I. ; : till 11 l g . . I gI I 1 >< <i a ; i s I .°4-,"?,:;':.t r!• tl t(.1 s-p ITS't, YR. ;. s M. .w y , e *i.te r.,. .,..' .,' " '14".+0,14.147....1411 r`,z ✓1411 S'41r 4" cttA"• *Lt .1. k+44h . i f1t'y'ta�. .o.1P Y lc i,.,t I •a..,.. ii., ' .:k *En♦ ire ,..T ...+. �- a x".445.: 'felp.f,r956 prc etlot1 1878341 +m .... a -s r i �Sys., EXHIBIT "A" TO OIL. Mn GAS LEASE DA7ED TN11 /C DAY OF !. oue,n�j f� 1911, RE_ TWEEN DONALD A. wIEDF14AN, LESSOR, ANC MARINE1OLELTN COMPANY, IESSEE, COVERING A 1e 1,1.,'y t•'-''.. -'�."I 4 Pf•RTIL, OF THY. SOt.TIMESt csiARTR (Sw/t) OF SECT:CC' TWENTY-CiE (21), flSNS'11r FIVE . •-' 'p east-- (5) NORTH, RANCE SIXTY-SEVEN (67) WEST OF 711E 6TH P.M., KEID COUNTY, COLORADO. r ♦acs . ... —4 t . a a w v i ' �Azt's This Mdenduw is attached to and made part of the above referenced Oil and a ^. Gas Lease: a -0 C K 1. Nature of this Addend caw: This Addenda sets forth additional etas x, . and conditions of the Lease between the parties and is more specific than the at- •e' ,• cached printed form. Accordingly, to the extent there 1s any conflict between this s • t.;..•. F1 . Addenda and the attached fora, M ched printed fo , this dendt shall control. 4.:�..••. _; �' e ' p7 ' 2. Coamenceaent of Operations: For purposes of this lease, "coo enceeent .• If i..' I . of operations" shall ran actual spud date, i.e., commencement of actual drilling M with the drill rig in place on the leased prim—Iies. f 4!A s• 4. 3. Limitations on Unitization and Pooling: Lessee shall not unitize, r :'•.:„!*,,,-,i,•:.,.„;$9, pool or combine the leased premises with other lands for oil prcduetlon. Any unit- . 141 Station, pool or combination for production of gas purposes shall be subject to Les- 4unit, �,et sorts approval, which will not be unreasonably withheld so long as the proposed tnit,cabinet.pool or cabinet. includes ail of the Lessor'. propert, and .s .-' -. 3 er._se in a. - nti' t 4 and. with the established rules end regulation, of the Colorado 011 and Gas Coals- R•. ~ r a sion. r. t a St a'. 1,42C:11,1.1.4ri 1y I. Lialtat ion on "Shut-Ins": If a well is drilled /snob% of s •. producing gas andd ttmame is not sold or used for a period of - laths after 'T ' "~ a .. ., discovere,d4�fp77e'�cca�an extend this Lease only by paying lessor as a toyal'-y an anat. sat. a• ,�•r . act s(T equal to fwa.CDWr acre of the leased r sN o fore the next anniversary r '`sr• it .+ date of this Lease after expirat Lm of said h period. Upon payment of > "i i° such anetnt, this Lease shall be held as • producing property for an additional 1 - • {w « r .',0') , year, but no longer. If there is no actual production before the e.d of that adds- ` •-� ' . c ,.,�i, clonal year, this Lease shall terminate unless capable of extension in accordance R ,. 'y.+�t N with other terms hereof. Amounts paid pursuant to this paragraph may be credited ..•.: ( • •?s a er°t. by Lessee against amounts due Lessor when actual production occurs. an`i;t e • :i a e S. Providing of Information: At Lessor's request. Lessee shall provide t �„ " lessors with all geological information obtsined from lessee's drilling and erplor- -- ¢ .• ." atfon upon the leased premises free of charge. - -j -�• .' w ; its•. 6. Abstracting Costs: Lessee shall pay Lessors, upon deaard, the cus- tomary charge orabstract companies in Weld County, Colorado, for each abstract ;II w ,c.,,: ,irecorded i '' entry which would be reouired to be !nefuded witain Lessor's Abstract by reason of } U lessee causing any document to he concerning this lease. �': 7, Ancillary Rights: This lease includes the granting to Lassie of .r '}Lois necessary rights incident'l to the exploration and prod ction of ell and gas but is C ", A also expressly concerned with the protection of the surface estate or interests and r h, • the water rights of Lessor. Accordingly, ancillary rights shall be limited to only ,Y I •• s those a are necessary such as pipeline and installation of necessary power lines, se e „ ... }�,. Any above-grand facilities shall be kept to the absolute minima and if there are k-^$��•--• "•-3gr any alternatives to the location of any ouch facilities, they shalt he located where �. _ l _: '*,.. they cause the least damage to Lessor's interests. w' • 4 a , , I. The Following Provisions shall Control Lessee's Activities on the � ,.. .e t r•n i Subject Property: e i ti. 1• Y, i! r ' •�y.4• , }, a. Minimum Use of Surest*: tender any circumstance. Lessee shall s e. , - ) • fn ti . , sate all reasonable efforts to use only the ethane smart at necessary of lessor's r s., •". property is its operations so as to afnlslae any damp to, or interference with, t ` . 14'' I.esser's property. The maxima serrate affected shall be no mon then three (1) i arms per well site. "Affected acreage" shall Include the well site, any roads '• `: map ` " - + installed, areas for pipelines and utilities, tent bat terlef and any other use of s ' is • ii the property. Ma. '♦ ' ,. . . b. Location of Facilities; Approval Of Lessor! ►sellltles shall ' generally be located so as to ■inlsi'e damage or tnterferee,ee with Lesser's pro- . perty. Lessee shall Consult with Lessors prier to the proposed location of soy • �f^ "`3/, S+ rt.4 r� Mf fy •P»?ns•, y' p iu, lswc�'i* ". '+ zt�'e.;t�e . ?•;-,: w•..'! . �Ay; a: v...- ' _ ..,. .? Tom. j ,. DOOK_JFT PEW'_i_tObi iii 7 d3Q l ws i e S-v exploration, well site or facill• '.'elated to this Cease and Lessee shall it, duct any activities on the sub'eut net tom 1 :rope rty s Lea e' prior wr tten rppr,r cks of 'Y -Lessors as to time location of suer, activities. Leaser shell not withhold graces, .y- c c ,ter a, proval if the proposed location av Ids unreasonable damage or interference with the subject property and its develops-nt, And so long as ary such location is c 1 - ' with the other terms hereof. onsl scent a. Establishina Drilling Location: Lessor may if an _..�..a_` �"',�°•. able location on the leased idrilling specify accept-q premises for a site in order to minimise dis- k,' motion of the planned surface usage. If reasonably practicable for said reopose sc s on the premises and if not in v.elation of the spacing or otherr t, w the Colorado Oil and Gas Commission, Lessee shall use suchspecified i requirements of '� la, drilling site. m � I �. if such specified location does violate the rubs of said Commission or is not reasonable for the development of the premises for the Lease purposes, the parties • t Vii. shall tee as to another location consistent with the terms hereof. IY iiPJ d. Distance from Established 1 events: Any drilling site shall he t.. not be nearer than 300 feet to improvements on t leased premises without the writ_ • ten consent of Lessors. The term "improvements" shall include al: buildings, irri- t '4 ration facilities and other permanent structures on the property. r '' 1,} e. Above_Grand Facilities- en the extent reasoner* ..,,-th,e "i Lessee shall minimize the ....thllation o( above ground facilities for product 141 wells. la addition, ary oaten shall be electric only and all tat be O:7. low profile. Late shall be of fit tic! f. Pipelines: Al'. pipelines shall be located to meet as many of ' 'rQ:w the following criteria as is reasonably possible: Along or neer lot lines; zithin m•l dedicated utility easements or roadways; and as far from establishers improvement as reasonably possible. Further, pipelines shall he harried beneath plow depth and,i".. water pecked upon installation. In excavating, the soil shall be separated sad then t 1, .. returned bock In the same order and leveled, with topsoil on top. N. ripens* shall 1 °r�2' im ' be permitted which serves any well not located on the 'eased premises, oiler. the leased premises are itited with such well. + A«.�• • t 4...A..;.-n- 3., ,. t• Utilities: Utilities reasonably of oil and gas shall be placed underground, unless the lessor ,necessary for the production ' •+ . otherwise agrees. Fur- 01-•• ther, the same shall be located end installed upon the same criteria and in the some �•'a'- -s'_4 maser es is provided for pipelines. r, »-• h. Roadways: almnever reasonably possible Lessee shall sae estab- fir d lish or planned roadways on the premises and avoid dame to the *elect property, rls Should it be reasonably required that Lessee establish its own roadway, them the we.,t' saw shall be located consistent with the t•ries of this Addendum in order to minimise 41c. interference with the surface usage and avoid unreasonable damage consistent with the ether terms hereof. ' t1+., r »;- 6. DDaama re:mss: nemses a rentals paid or promised to he paid are cansider- ;I ations solely of r the privilege of leasing and not c -ation in t'+S'p d any way for the ..'- �e" surface use of the leased premises. In addition to crop dame, lessee skill pay + ' and be responsible to Lessors for all dosages to the leased premisee and for the right , • - - 1, to use the same by reason of its exploration and production activities In aeeonaiter l with the following tens: - --' e-• -+� fl; ` .. -YL•r:-. ...fit a :, • ,• a. Restoration: Upon completion of any activity by Lessee, the rf• leased premises shall-W.-restored to its original condition as near as is reasonably • practicable. If a well site is drilled, all matters brought i m the penises Ind r t•� not required for production shall be removed within • reasonable time, including any Y ' • and all *entente. betenite, sludge pits, etc., and not just buried. c �•.. f of all activities, the facilities of Lessee shall he completely moved from ion . hi", e`r premises and the same restored as above provided. '`'� .:. b. Mme Payments Prior to Activity: The swim damages to he , . in.•� paid arTe shall le measured by the per acre mt value of the affected y slaps rne the acres affected times the interest In the property used by Lessee. The term "in. • t crest Is the property' shall be a percentage, for eu+le, the well site ad INT. f.� ' ' ' face area used for a prefixing well shall be dead • 1001 tatenst la the property uc and tae necessary right-of-way for an umw:A-grew' pipettes atoll be dal a 14% • ,n.: -1 .I- • t . • • •r • • 1 . r . • •,•"•"'P )�FIF' .� ,..♦. i f::�". .r '.:'arr......'•yiN,•..�' .^. a ,J�e' r . .. ,_. . . _ �. _ _ ♦ J +f.'',+t 498 .. • • cQ5�• V• .r.'•,acaa �• 3` interest in the property. Prior to drilling 'm7 sell, Lessee shall r +!€1". full per acre value times three (3) tke first two (2) Icy of this the facts of this'� 1 Lease, said per sere value shall be �/�hc r it it ay drilling activity by Les- _,.w '":ring the first two (2) years shall require that it pq Luse.s ,�,'0p qr� e•_.. r `;j;, ‘c. ♦ } well site prior to any such activity. Damming that there are no etlie3'I$aswtr ~" z °t{,i crops. improvements or otherwise aid that no more then three (Si acres of the sob- .:• T'- 1 - � aege property then are additional Lessee's operatics.. said Ammo t shall suffice for - _r'• _ dosages. Leasers shall make writtma demo' for ! .'sr, z . ces pens/at .• la suchevent,Lessee sse parellrilSsacdiately pay unless it Mann the demand a- : 1C l appoint one arbitrator to assess the dimmers, sod the two arbitrators so appointed shall , .. . ity of said arbitrators as to the dollar mount of the additional damages of the major- ity y _ be binding parties hereto. all bes shall '•. • ably familiar with the values of property or t or selected shall be re decades imvolM. i ' : LPA 7' c. Additional heaves; la addition to the --*— ,„ " !.'.t surface estate, Lessee shall _ �c. pay for all other damage to 4aser•s prepert7 that be .: r. rcawed as it is expressly understood that the per acre valuation is cenpeasCias +'solely for the use of the interest in the subject property and is act intended to y tea: cover damages to crops, improvements or otherwise. <.. M L day of ,(100f•-•.6!r 1981.• } , - . -- .... I f '' X i wristPfllotaee COMMIT • •_ -ii ,k.'"^.4+ r 4 r :.•',) l' i+ ATTLA: fi�r, • d . 1 tad r. '� �. . ♦ � . I ` 11i_. a" atAte d Ifil' IY • , • d7. ..••:?.! G • . ♦ :! iUa . '+'` 40,1 w M y n 7 'e ,.. 1•''. • i ♦� F • • • b f • "r. ' • •' _ e , STEPHEN-FOE 10-1, 70-2 �� STEPHEN-FOE & 10-3 4 ?0-4 34 z 34 _,� ..-----....c.--7..-7-,-_-_-. LEONAR© 1 & #2 ( "- S SHANNON 14-3 l...:;.-li: : P�• • . r! 3 SHANNON r+- HARDMAN #5 L&H #1 1r I SHANNON R.'"GAh SCHWALM-ULLMAN 1--14 FARMS 18-1 16 15 ;1: - �• I 14 N14-16 14-10 R 17 i j BASS EA SS �� FARMOIL/AMEN f HARD 1 2,3&4 Y \1 HANKINS !c, #2,3,4&5 e9y4 les ,,. 1 COLO. 1 257 • 23—.3A & 223-36��Q • 4' !1� 21 22 i .K!NZER >mi q \23 ROISSANT WIEDEMANN 21--2 1 I .7j-4, 1 12-20 /--CROISSANT #1 42 ,4'' . Q4O �». ! 11,2PHILT.J.,-- ANDREWS , CROIl1�EDE'MANN t6' 21—i td-22 SxEE" KGs, i #2 j DRAW 'S- .\ ç5sANr 3. ..... 3" w.c..c. sY GUTH M 2- BLEHM Oij JISCONNEC7 �F• [ 26-03 .HALLENGER WILLIAMS �. 3" -N�-- . ! KINZER 28-1 I. MELLON 28-3 i MELLON 28-1 J 28 26 '-30 JGH 1 \ 1 1 i -YN.cI I c% -IA,. Sent Ey: Duke Energy Greeley; 303 572 3515 ; Jun- 12-00 3:00PM; Page 316 P 1049 RP— 01988219 11/13/84 13:07— $12.00 1/004 .i AR198tl219 F 0379 MnnY ANN PEUERSTEIN CLERK & -RcCORDER WELD CO, CO )J PIPELINE RIGHT OF WAY :-FOR AND INCONSIDERATION OF TEN DOLLAR$ ($10.001 and other valuable leonsidaretion, the receipt of which Is hereby acknowledged, DONALD A. NIEDEMAN, Grantor, does hereby.grant and convey unto NATURAL. GA$ ASSOCIATES, la!Colorado partnership, Grantee, whose address is F.O. Dox 5491, Denver, tailored* 80217, the right, privilege and easement for the purpose of loenstructing,, operating, inepscting,-maintaining, protecting, repairing, " ''rep lacing,)changing the size of and removing a pipeline for the transportation c :?1 of oil, gas, or 'other substances therein, on, over and through the following ' ,idescribed premises located in the County of weld and State of Colorado, to wit: • An easement or right-of-way twenty (201 feet in width, 10 feet on ' ' either side' of the centerline, which ix ears particularly deeerib* '•( on exhibit "A"•'--attached hereto and made a part hereof, 90 long se • Granters.have signed the -same, • . . • together with the right of ingress end egress to and from said pipeline. This grant shall include a temporary easement thirty (30) feet in width for construction purposes which abuts said twenty (20) foot easement. Should Grantee discontinue the use of said pipeline for a period of twelve (12) consecutive months or remove said pipeline, this easement shall terminate !and be of no further effect. Grantee agrees to execute and deliver to granter, hie successors or assigns, a proper release Of the right-of-way granted herein if such discontlnuanee or removal occurs. 'Construction and installation of the pipeline shall be completed by March 15, 1984.- In installing, repairing or replacing the pipeline, the following standards shall be met by Grantee; The pipeline shall be buried a minimum depth • of 48 inches. In excavating, the soils shall be separated and then returned back in the same order and leveled, with topsoil on top. All construction shall be properly leveled and Grantee shall return to fill any settlement with good topsoil. Grantee shell not place any facility above the pipeline except pipeline merkere as may be approved by Grantor. Grantee shall pay Grantor, and to any tenant as their interests may be, 'for any and all damages to crops, timber, fences, drain tile, or any other improvement on said premises that may be caused by Grantee. • in the event any erosion or washing should occur where the pipeline ie (r-'installed'due to irrigation or storm water, Grantee shall pay and compensate Granter for any lose of crop se a moult thereof and for all work required to remedy said washing or erasion. Subject to the rights granted herein. Grantor shall have the right to fully use and enjoy the above-described premises. Grantor, however, shall not • • construct or place anything over or so close to the pipeline of 4rantee as will likely interfere.with Grantee's normal operation and maintenance -.f said pipe_ line. Grantor shall have, however, the right to construct and maintain pipelines, utility lines, streets, sidewalks and driveways which cross said easement at -- . sufficient angle .to avoid a continuous overlay along, and in the direction of,the pipeline, - :The tense conditions...Jed and provisions of this contract shall extend to and be 'binding upon the heirs, executors, administrators, personal representatives. euc- - oesears, and assigns of the parties hereto. The easement and rights herein granted • may be leased or assignedin whole or in part. - - TO HAVE.AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as as said easement i, used for the purposes granted herein. 7 C.+ • , 11{,wiT E WHEREOF,' Gran Car fiaa executed this instrument this ✓t day of �.1� , 1984. • G C>11 1 I 1 - Donald A. Diocletian Sent By: Duke Energy Greeley; 303 572 3516 ; Jun-12-00 3:01PA; Page 4/6 8 1049 REC,-^"988219 11/13/84 13:07 "$12.0o 2/004 F 0379 MARI ,ANN FEDERSTEZN CLERK & REC•._,DER WELD CO, CO STATE OF COLORADO ) i ) 88. •COUNTY or WELD, . . ) ;Subscribed and sworn to, before me, this �> day of(1fjfly;r, 4.r:1984, by_Donald A. Wiederoen, (t$ti„K tiDlTN 98 my hand and official veal. •1-Y.NOTARY /A��2. C" `Gi O , No ary Public `rte% p U 4. slob expires LS COP CG- • • • • • • I � • Sent By: Duke Energy Greeley; 303 572 3516 ; Jun- 12-00 3:02PM; Page 5/6 , 04 • a 1049 REC 01' '3219 11/13/84 13:07 ' F 0380 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO,0 CO I. : CAI{1RIT "A" DONALD A, WIEDEMAN PROPERTY The right-Of-way herein granted to be 10 feet on either aide of the following 1. r,described centerline; The Point of Beginning, being said point at the center. ":line of Weld County. 54 and being 34 feet west of the Southeast corner of the ';..Southwest Quarter of Section 21, T5N, R67W, Weld County, Colorado. Thence North 00:14'40" Eat a distance of 42.1 feet Thence North 90.00.00•• West a distance of 1112.0 feet , '•,Thence South 73.10'20" West a distance of 70.9 feet 1fa Thence South.88.26'00" West a distance of 119.7 feet ti 'j Thence North 70.23'20" West a distance of 44.7 feet +Thenoe South 88'33'20" west a distance of 173,3 feet ;Thence. North 89.04'20" West a distance of 961 .6 feet .l.rmhence North`.72•'28'40" Neat a distance of 105.3 feet . -Thence North 12'52140" Wait a distance of 138.3 feet - 'Thence North 00'17'00" East a distance of 434,8 feet to a point 43 fret east of the centerline of Weld County Road 17, Also beginning at a point 42.1. feet north of the centerline of County Road 954 'being 34 Meet west of the not line of the EW'f of Section 21 , TSN, R6'7W, Weld County. Colorado. Thence N00.14'40" at a distance of 606 feet to a point 34 feet west of the east line of the SW} of Sec. 21, T5N, R67w of Weld County, Cole redo. Also beginning at a point 38.1 feet north of the centerline of County Road #54 tieing 34 feet west of the east line of the SW5 of Section 21 , T5W, R67W, weld ' county, Colorado; thence east 34 feet to a point on the east line of the SW', of Sectio TSN, R67W of Weld county, Colorado. Donald A. Wiedeman . Sei't By: Duke Enerci-y Greeley; 303 572 3515 ; Jun 00 3:02FM; FaCa 6/6 . ,, ._ _... __._ f CO=eJ- 11_�� - _ � w. ' ; `,}: . le. . .. .. . E /3,0) -434,8' -- 4 P/ /3'O9'4 0. • _.V,..-._.._-..__ .:.- ..., ��_ . _ 59'36 ' -`w.......••r-4•- , _ • • • , , - ---1/ IC'35'1O" 1 • • X---------- 1.51.---••••• Z • • t i —f'J Z/ 0J'7D' z o r , 1 --.— —•.—p, 2/'AO'sr0" C� ' ----• - •SfR ',ct' wm. iii. --P/ /S''/5'90" . a err ,..—Pi IL''4Y'•lO" > . ;L7 CI (�] (� H _if uti C7 ,�rn � 1 1_ 1n0 t� rr Z — 6�. \ --J • > 1 t `) lv -•-•-. ; —4 1^1 / . -f rn I tfl G� • 0• I— -I 1i ---4 j` 1 0 EP . .--. r (-) :-.----- ..1.11,11_______.... ,_ . ... 0 _ _< i : . . . .. . . .. . . ......... .. >3 1649 REi; 01488219 11/13/84 13:07 $12.00 4/004 F C3s1 MARY ANN FEiJF.1:STF,1N CLERK t< R EiriifD?R WELD CO, CO V a rtP ¢/�.. ° ,i' 1;i„ 4-k t,, , S 1 ,� 41 ', K ri.{` • ' dt. s` ' `,t •• 4n.'•,,t,'-,.....',..„,..-".1,-„,;',::::,:61..„-':•,:%,'t {^. ,+:.tt :11 Wit• _-_.s:.:.-.-!„r,:. .'.:`rr ,r..ra 1.,.•: •::.,J._ r .1 , .T .°_.1 u; ,r F: '.. 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"i.z,v�' .,•;•-';?": a-'- •.!•.;1:...,'. ':1�a�+t•Linti •..... i,,•_.I V4,•••'. .TI,'*.i-01...'- .1:..'1.:- `t.:`• wit. �.is .1^. _ '.} - �i'•:',A .;,.. r�-S,i.r .f7r. a'. - 7 1 '.W ti lea,!'•:: ..a:. d ... _. _... -;a-tip?. . .--> K - ,e;:-2 rY~�-r'�-,•.=. r - _... _ .. ..: ..... .. ._ .. .r> '.a SUMMlERHlLk REAL-' ,E• • 2 South Parish Avenue P.O. Box 336 Johnstown, CO 80534-0336 Phone: 970-587-4160, Fax: 970-587-5450 The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS 2-9-99) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL(BUY(COMMERCIAL) AL) REAL ESTATE Date: July 20, 2000 1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below on the terms and conditions set forth in this contract. 2. DEFINED TERMS. a. Buyer. Buyer, Fay S. Shultz Mary M. Shultz will take title to the real property described below as =' Joint Tenants O Tenants In Common O Other n/a b. Property.The Property is the following legally described real estate: 7 acres of land located approximately 5/8 mile east of W.C.R. 17 running along W.C.R. 54 approximately 701 feet reast, running approximately of the Southwest north, quarternofg aSectiona21, 701 feet west, Nortnh anpoximately 435 feet south Township 5 North, Range 67 West of the 6th P.M. (to be further clarified upon receipt of survey which will be ordered upon execution of this contract) . in the County of Weld ,Colorado,commonly known as No. known as 8275 W.C.R. 54, Johnstown, CO 80534 l TED based on survey & furthered by Recorded Exempt StreetZip Address City together with the interests,easements,rights,benefits,improvements and attached fixtures appurtenant thereto,all interest of Seller in vacated streets and alleys adjacent thereto,except as herein excluded. c. Dates and Deadlines. Date or Deadline Item No. Reference Event August 22, 2000 1 §5a Loan Application Deadline 5 guy prior to Closing 2 45b Loan Commitment Deadline 5 days 27, 2000 3 §5c Buyer's Credit Information Deadline September 07, 2000 4 4 5c Disapproval of Buyer's Credit Deadline Sea 5 §5d Existing Loan Documents Deadline n/a 6 4 5d Objection to Existing Loan Deadline n/a 7 4 5d Approval of Loan Transfer Deadline 10 days prior to Closing 9 §7a Appraisal Deadline dline September 22, 2000 9 §7a Title yDeadline August 11, 2000 10 §lb Surveyent Request September 25, 2000 11 §8a TocuObntnDeDeaeline September 30, 2000 12 48b Title Off-Record Matters September 30, 2000 13 48b Off-RecordMattars Deadline October 05, 2000 14 §8b Off-Record Matters Objection Deadline August 18, 2200 15 § 10 Seller's Property Disclosure Deadline ugusmb18 07, 2000 16 § 10a Inspection Objection Deadline September 22, 2000 17 4 11 RCesolutionDeadline See Additional Provision 181 416 Possession Datete Closing Date 20 § 16 Possession at time of closing 20 416 Possession Time July 26, 2000 21 4 28 Acceptance Deadline Date J:ly 2.r 22 §28 Acceptance Deadline Time CBS 2449,Contract to Buy and Sell Real Estate(Commercial),6/3199 RealFA$T®Forms,Box 4700,Frisco,CO 80443, Version 6.01,®RealFA$T®,2000;Reg#PCOCOL226455 page 1 T 9 Complete. . ummer Maulsby,Broker/Owner,SUMMERHILL REALM 078510009:42:52 Sellers) !�L Buyer(= /I;✓/ n/a n/a n/a n/a n/a n/a n/a n/a n/a d. Attachments. The following exhibits,attachments and addenda are a part of this contract: none e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A" means not applicable. 3. INCLUSIONS AND EXCLUSIONS. a. The Purchase Price includes the following items(Inclusions): (1) Fixtures. If attached to the Property on the date of this contract, lighting, heating, plumbing, ventilating, and air conditioning fixtures,inside telephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,sprinkler systems and controls,and other existing fixtures known or unknown by Seller owned by Seller and not by current renter. (2) Other Inclusions. If on the Property whether attached or not on the date of this contract: storm windows,storm doors,window and porch shades,awnings,blinds,screens,window coverings,curtain rods,drapery rods,storage sheds,and all keys. Check box if included: 0 Smoke/FireDetectors, 0 Security Systems; and everything currently on the property that does not belong to the Tenant. (3) Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: none b. Instruments of Transfer. The Inclusions are to be conveyed at Closing free and clear of all taxes,liens and encumbrances,except as provided in§12. Conveyance shall be by bill of sale or other applicable legal instrument(s). c. Exclusions. The following attached fixtures are excluded from this sale: none 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U. S.Dollars by Buyer as follows: Item No. I Reference Item I Amount , I Amount • • a. Earnest Money.The Earnest Money set forth in this Section,in the form of — ,is part payment of the Purchase Price and shall be payable to and held by ' .,in its trust account, on behalf of both Seller and Buyer.The parties authorize delivery of the Earnest money aeposn to me closing company,if any,at or before Closing. b. New Loan.Buyer shall obtain a new loan set forth in this Section and as follows: ❑ Conventional 0 ther This loan will be secured by a (1st,2nd,etc.)deed of trust. The total loan amount not in excess of$ —shall be amortized over a period of years at approximately per month including principal and interest not to exceed A per annum, plus, if required by Buyer's lender, a monthly deposit of 1/12 of the estimated annual real estate taxes and property insurance premium. If the loan is an adjustable interest rate or graduated payment loan,the monthly payments and interest rate initially shall not exceed the figures set forth above. Loan discount points, if any, shall be paid to lender at Closing and shall not exceed 0 % of the total loan amount. Notwithstanding the loan's interest rate, the first 0 loan discount points shall be paid by n/a and the balance, if any, shall be paid by n/a Buyer shall timely pay Buyer's loan costs and a loan origination fee not to exceed %of the loan amount. c. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount of the Assumption Balance set forth in this Section,presently payable at$ n/a er month including principal, interest presently at n/a %per annum,and also including escrow for the following as indicated: DI Real Estate Taxes, 0 Property Insurance Premium, and n/a Buyer agrees to pay a loan transfer fee not to exceed$ n/a . At the time of assumption,the new interest rate shall not CBS 2.9-99,Contract to Buy and Sell Real Estate(Commercial),613199 RealFA$T®Forms,Box 4700,Frisco,CO 80449, Version 6.01,CRealFA$T®,2000;Reg#PCOCOL226455 Complete .Summer Maulsby,Broker/Owner,SUMMERHILL REALTY page ot9 � 07/25/00 09:42:52 Sellers) • Buyer(s) �y1 r V exceed n/a %per annum and the new monthly payment shall not exceed$ n/a principal and interest, plus escrow, if any. If the actual principal balance of the existing loan at Closing is less than the Assumption Balance, which causes the amount of cash required from Buyer at Closing to be increased by more than$ n/a ,then 0 Buyer May Terminate this contract effective upon receipt by Seller of Buyer's written notice of termination or 0 n/a Seller 0 Shall 0 Shall Not be released from liability on said loan. If applicable, compliance with the requirements for release from liability shall be evidenced by delivery at Closing of appropriate letter of commitment from lender. Cost payable for release of liability shall by paid by n/a in an amotmt not to exceed$ n/a d. Seller or Private Financing.Buyer agrees to execute a promissory note payable to: as 0 Joint Tenants U Tenants in Common M Other n/a ,on the note form as indicated: L-83 ❑ Other n/a secured by a (1st. 2nd, etc.) deed of trust encumbering the Property,using the form as indicated: On Sale(TD 74-7-96) 0 Other n/a Buyer M Shall 0 Shall Not execute and deliver, at Closing, a Security Agreement and UCC-1 Financing Statement granting the holder of the promissory note a _(1st, 2nd,etc.)lien on the personal property included in this sale.The promissory note shall be amortized on the basis of month including principal and interest at the rate of _ --a 'hall he due on the n/a day of each succeeding month.If not sooner paid,the balance of principal and accrued interest shall be due anu , after Closing. Pay —be increased by 1/12 of estimated annual property insurance premium.The loan shall also contain the following terms:if any payment is not received within n/a calendar days after its due date,a late charge of n/a % of such monthly payment shall be due. Interest on lender disbursements under the deed of trust shall be n/a %per annum. Default interest rate shall be n/a %per annum. Buyer may prepay without a penalty except Buyer M Shall 0 Shall Not provide a mortgagee's title insurance policy,at Buyer's expense. e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing, plus Buyer's closing costs, shall be in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check and cashier's check(Good Funds). 5. FINANCING CONDITIONS AND OBLIGATIONS. a. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan, or if an existing loan is not to be released at Closing, Buyer,if required by such lender,shall make written application by Loan Application Deadline (§ 2c). Buyer shall cooperate with Seller and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all documents and fumish all information and documents required by lender, and, subject to § 4, timely pay the costs of obtaining such loan or lender consent. Buyer agrees to satisfy the reasonable requirements of lender, and shall not withdraw the loan or assumption application,nor intentionally cause any change in circumstances which would prejudice lender's approval of the loan application or funding of the loan. b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan as specified in § 4b,this contract is conditional upon Buyer obtaining a written loan commitment including, if required by lender, (1) lender verification of employment, (2) lender approval of Buyer's credit-worthiness, (3) lender verification that Buyer has sufficient funds to close, and (4) specification of any remaining requirements for funding said loan. This condition shall be deemed waived unless Seller receives from Buyer, no later than Loan Commitment Deadline (§2c),written notice of Buyer's inability to obtain such loan commitment. If Buyer so notifies Seller,this contract shall terminate. IF BUYER WAIVES THIS CONDITION BUT DOES NOT CLOSE,BUYER SHALL BE IN DEFAULT. c. Credit Information. If Buyer is to pay all or part of the Purchase Price by executing a promissory note in favor of Seller or if an existing loan is not to be released at Closing, this contract is conditional upon Seller's approval of Buyer's financial ability and creditworthiness, which approval shall be at Seller's sole and absolute discretion. In such case: (I) Buyer shall supply to Seller by Buyer's Credit Information Deadline (§2c),at Buyer's expense,information and documents concerning Buyer's financial,employment and credit condition;(2)Buyer consents that Seller may verify Buyer's financial ability and creditworthiness (including obtaining a current credit report); (3) any such information and documents received by Seller shall be held by Seller in confidence, and not released to others except to protect Seller's interest in this transaction; (4)if Seller does not provide written notice of Seller's disapproval to Buyer by Disapproval of Buyer's Credit Deadline (§ 2c), then Seller waives this condition.If Seller does provide written notice of disapproval to Buyer on or before said date,this contract shall terminate. d. Existing Loan Review. If an existing loan is not to be released at Closing, Seller shall provide copies of the loan documents (including note, deed of trust, and any modifications) to Buyer by Existing Loan Documents Deadline(§2c).This contract is conditional upon Buyer's review and approval of the provisions of such loan documents.If written notice of objection to such loan documents,signed by Buyer,is not received by Seller by the Objection to Existing Loan Deadline (§ 2c), Buyer accepts the terms and conditions of the documents. If the lender's approval of a transfer of the Property is required,this contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan, except as set forth in § 4c. If lender's approval is not obtained by Approval of Loan Transfer Deadline (§ 2c), this contract shall terminate on such date. If Seller is to be released from liability under such existing loan and Buyer does not obtain such compliance as set forth in §4c,this contract may be terminated at Seller's option. 6. APPRAISAL PROVISIONS. a. Appraisal Condition. This subsection a. M Shall 0 Shall Not apply. Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property's valuation determined by an appraiser engaged by Buyer's Lender . The contract shall terminate by Buyer giving Seller written notice of termination CBS 2.9.99,Contract to Buy and Sell Real Estate(Commercial),6/3199 RealFA$T®Forms,Box 4700,Frisco,CO 80443, Version 6.01,®RealFA$T®,2000;Reg#PCOCOL226455 Complete Summer Maulsby,Broker/Owner,SUMMERHILL REALTY Buyer(s) 07/25/00 09:42:52 Page)of 9 Sellers) LI,— and either a copy of such appraisal or writt�.,notice from lender which confirms the Property's valuation is less than the Purchase Price, received on or before the Appraisal Deadline (§ 2c). If Seller does not receive such written notice of termination on or before the Appraisal Deadline (§2c),Buyer waives any right to terminate under this subsection. b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by IS Buyer 0 Seller. 7. EVIDENCE OF TITLE. a. Evidence of Title;Survey.On or before Title Deadline (§ 2c), Seller shall cause to be furnished to Buyer, at Seller's expense, a current commitment for owner's title insurance policy in an amount equal to the Purchase Price or if this box is checked, 0 An Abstract of title certified to a current date. If a title insurance commitment is furnished, it 0 Shall ®Shall Not commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanics'liens, (5) gap period(effective date of commitment to date deed is recorded),and (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by 0 Buyer 0 Seller.An amount not to exceed $ 250.0 0 for the cost of any improvement location certificate or survey shall be paid by ®Buyer 0 Seller. If the cost exceeds this amount, Buyer shall pay the excess on or before Closing.The improvement location certificate or survey shall be received by Buyer on or before Survey Deadline (§2c). Seller shall cause the title insurance policy to be delivered to Buyer as soon as practicable at or after Closing. b. Copies of Exceptions. On or before Title Deadline (§2c), Seller, at Seller's expense, shall furnish to Buyer,(1)a copy of any plats, declarations,covenants, conditions and restrictions burdening the Property,and(2)if a title insurance commitment is required to be furnished, and if this box is checked 0 Copies of any Other Documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these documents pursuant to this subsection if requested by Buyer any time on or before the Document Request Deadline (§ 2c). This requirement shall pertain only to documents as shown of record in the office of the clerk and recorder(s).The abstract or title insurance commitment,together with any copies or summaries of such documents furnished pursuant to this Section,constitute the title documents(Title Documents). 8. TITLE. a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of Buyer and given to Seller on or before Title Objection Deadline (§ 2c), or within five (5) calendar days after receipt by Buyer of any Title Document(s) or endorsement(s) adding new Exception(s)to the title commitment together with a copy of the Title Document adding new Exception(s)to title. If Seller does not receive Buyer's notice by the date(s)specified above,Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. b. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters Deadline (§ 2c)true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(ies)has any right in the Property not shown by the public records(such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before Off-Record Matters Objection Deadline(§2c).If Seller does not receive Buyer's notice by said date,Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge. c. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH LEVIES AND EXCESSIVE DISTRICTS TAX BURDENS TO SUPPORT THE SERVICING CIN SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN OBLIGATION ILL INDEBTED IS.BUYER NDEBTEDNESS OULDF INVESTIGATE DISTRICTS, EXISTING MILL G REQUIREMENTS OF SUCH DISTRICT IORIZED SERVICING SUCH RL INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result,if written notice is received by Seller on or before Oft Record Matters Objection Deadline (§ 2c), this contract shall then terminate. If Seller does not receive Buyer's notice by such date,Buyer accepts the effect of the Property's inclusion in such special taxing district(s)and waives the right to so terminate. d. Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)or commitment terms as provided in§ 8 a or b above, Seller shall use reasonable effort to correct said items and bear any nominal expense to correct the same prior to Closing. If such unsatisfactory title condition(s)are not corrected on or before Closing,this contract shall then terminate;provided,however,Buyer may,by written notice received by Seller,on or before Closing,waive objection to such items. e. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title,ownership and use of the Property,including without limitation boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and environmental matters. The surface estate may be owned separately from the underlying mineral estate,and transfer of the surface estate does not necessarily include transfer of the mineral rights.Third parties may hold interests in oil,gas,other minerals,geothermal energyorwateron or under the Property,which interests may give them rights to enter and use the Property. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this contract(e.g., Title Objection Deadline [§2c]and Off-Record Matters Objection Deadline [§2c]). CBS 24.99,Contract to Buy and Sell Real Estate(Commercial),613/99 RealFA$Tp.E rms,Box 4700,Frisco,CO 80443, Version 6.01,®RealFA$T®,2000;Bella PCOCOL226455 Complet Summer Maulsby,Broker/Owner,SUMMERHILL REALTY page�ot 9 07/25/00 09:42:52 Seller(s) o Buyer( 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwelling(s) for which a building permit was issued prior to January 1, 1978, this contract shall be void unless a completed Lead-Based Paint Disclosure (Sales) form is signed by Seller and the required real estate licensee(s),which must occur prior to the parties signing this contract. 10. PROPERTY DISCLOSURE AND INSPECTION. On or before Seller's Property Disclosure Deadline(§2c),Seller agrees to provide Buyer with a written disclosure of adverse matters regarding the Property completed by Seller to the best of Seller's current actual knowledge. a. Inspection Objection Deadline. Buyer shall have the right to have inspection(s) of the physical condition of the Property and Inclusions, at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretion,Buyer shall, on or before Inspection Objection Deadline (§ 2c): (1) notify Seller in writing that this contract is terminated,or (2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct (Notice to Correct). If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2c), the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement thereof on or before ResolutionDeadline (§ 2c), this contract shall terminate one calendar day following the ResolutionDeadline (§2C),unless before such termination Seller receives Buyer's written withdrawal of the Notice to Correct. c. Damage; Liens;Indemnity. Buyer is responsible for payment for all inspections, surveys, engineering reports or for any other work performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such activities. Buyer shall not permit claims or liens of any kind against the Property for inspections,surveys,engineering reports and for any other work performed on the Property at Buyer's request. Buyer agrees to indemnify,protect and hold Seller harmless from and against any liability,damage, cost or expense incurred by Seller in connection with any such inspection, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to enforce this subsection, including Seller's reasonable attorney fees. The provisions of this subsection shall survive the termination of this contract. 11. CLOSING. Delivery of deed(s)from Seller to Buyer shall be at Closing(Closing). Closing shall be on the date specified as the Closing Date (§2c)or by mutual agreement at an earlier date.The hour and place of Closing shall be as designated by mutual agreement 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient General warranty deed to Buyer,at Closing,conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided herein,title shall be conveyed free and clear of all liens,including any governmental liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to: a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with§8a[Title Review], b. distribution utility easements, c. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with§8b[Matters Not Shown by the Public Records],and d. inclusion of the Property within any special taxing district,and e. the benefits and burdens of any declaration and party wall agreements,if any,and f. other n/a 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS;DOCUMENTS AND SERVICES. Buyer and Seller shall pay,in Good Funds,their respective Closing costs and all other items required to be paid at Closing,except as otherwise provided herein.Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing.Fees for real estate Closing services shall be paid at Closing by ®One-Half by Buyer and One-Half by Seller 0 Buyer 0 Seller 0 Other n/a The local transfer tax of n/a %of the Purchase Price shall be paid at Closing by 0 Buyer 0 Seller. Any sales and use tax that may accrue because of this transaction shall be paid when due by 0 Buyer 0 Seller. 15. PRORATIONS. The following shall be prorated to Closing Date(§2c),except as otherwise provided: a. Taxes. Personal property taxes,if any,and general real estate taxes for the year of Closing,based on 0 The Taxes for the Calendar Year Immediately Preceding Closing ®The Most Recent Mill Levy and Most Recent Assessment 0 Other n/a • b. Rents.Rents based on ®Rents Actually Received 0 Accrued. Security deposits held by Seller shall be credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases, n/a c. OtherProrations.Water,sewer charges;and interest on continuing loan(s),if any;and n/a d. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final. 16. POSSESSION.Possession of the Property shall be delivered to Buyer on Possession Date andPossession Time (§ 2c),subject to the following lease(s)or tenancy(s): none If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of$ 500.00 per day from the Possession Date (§2c)until possession is delivered. CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99 RealFA$T s,Box 4700,Frisco,CO 80443, Version 8.01,®RealFA$T®,2000;Regt PCOCOL228455 Complet Summer Mautsby,Broker/Owner,SUMMERHILL REALTY j12,C` 07/25/00 09:42:52 Page 6 of 9 Buyer(s) Sellers) 17. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this - contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. 18. CONDITION OF,AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contract,the Property, Inclusions or both shall be delivered in the condition existing as of the date of this contract,ordinary wear and tear excepted. a. Casualty;Insurance.In the event the Property or Inclusions shall be damaged by fire or other casualty prior to Closing,in an amount of not more than ten percent of the total Purchase Price,Seller shall be obligated to repair the same before the Closing Date (§2c).In the event such damage is not repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract despite such damage,Buyer shall be entitled to a credit,at Closing, for all the insurance proceeds resulting from such damage to the Property and Inclusions payable to Seller but not the owners'association,if any,plus the amount of any deductible provided for in such insurance policy,such credit not to exceed the total Purchase Price. b. Damage;Inclusions;Services. Should any Inclusion(s)or service(s)(including systems and components of the Property,e.g.heating, plumbing,etc.)fail or be damaged between the date of this contract and Closing or possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion(s), service(s)or fixture(s) is not the responsibility of the owners'association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. c. Walk-Through;Verification ofCondition. Buyer, upon reasonable notice,shall have the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this contract. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document,Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 20. TIME OF ESSENCE AND REMEDIES. Time is of the essence hereof.If any note or check received as Earnest Money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not performed or waived as herein provided,there shall be the following remedies: a. If Buyer is in Default. o (1) Specific Performance. Seller may elect to treat this contract as canceled,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages,or both. ® ' (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and(except as provided in subsection c)are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. b. If Seller is in Default. Buyer may elect to treat this contract as canceled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages,or both. c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,including attorney fees. 21. MEDIATION. If a dispute arises relating to this contract, prior to or after Closing, and is not resolved, the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed,shall terminate in the event the entire dispute is not resolved 30 calendar days from the date written notice requesting mediation is sent by one party to the other(s).This Section shall not alter any date in this contract,unless otherwise agreed. 22. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy regarding the Earnest Money and things of value held by broker or Closing Company(unless mutual written instructions are received by the holder of the Earnest Money and things of value), broker or Closing Company shall not be required to take any action but may await any proceeding, or at broker's or Closing Company's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 23. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to§§10c,21 and 22. 24. ADDITIONAL PROVISIONS. (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.) 1) Size of property shall be seven (7) acres. Seller will provide an ALTA survey, at Seller's sole cost dividing the Property as generally described in paragraph 1 above. 2) Contingent upon physical inspection and measurement of the property. 3) Buyer shall have the option to change financing terms, however selected financing terms must be readily available within the current market and obtaining such financing shall not adversely effect the Buyer's ability to qualify, delay the closing or increase costs to Seller.4) Upon approval property of g reflectedinthi n mental scontract,authorities t r e development atthetime property bringswater,mdsewer and gas lines to proposed development site adjacent to the property reflected in this contract, CBS 2.949,Contract to Buy and Sell Real Estate(Commercial),8/3/99 RealFA$Ts ms,Box 4700,Frisco,CO 80443, Version ism,ORea&FASTS,2000;Reg#PCOCOL226455 Complet i Summer Maulsby,Broker/Owner,SUMMERHILL REALTY Buyer( 9115 07/25/00 09:42:52 Page6 qr9 Sellers) �I,_ �, and when the water, sewer and gas lines are physically placed on proposed development site adjacent to the property reflected in this contract, then Seller agrees to have the water, sewer and gas lines laid within 25' (twenty-five) feet of the property reflected in this contract's boundary line so that Buyer can buy at cost from Seller or proper Service Provider not more than two (2) water taps, not more than two (2) sewer taps and not more than (2) gas lines. This agreement shall survive closing and be binding upon the Seller and future owners of the remaining property. Buyer and Seller shall, if requested by the other, execute a recordable memorandum of this agreement. 5) Buyer has the option to bring in access from W.C.R. 54 to property reflected within this contract at two locations specified by Buyer and agreed with by Weld County. 6) Contingent upon Weld County's approval of Buyer's plans for the construction of greenhouse and retail structures and running wholesale and retail businesses from the property. Buyer, at Buyer's cost, will diligently pursue application for said plans with the proper governmental authorities. 7) Seller at Seller's expense will have the septic system inspected by proper governmental agency and recorded within the State of Colorado. 8) Buyer hereby acknowledges that it is the intent of the Seller to effect an IRC 1031 tax-deferred exchange which will not delay the closing or cause additional expense to the Buyer. The Seller's rights and obligations under this agreement may be assigned to a qualified intermediary of the Seller's choice for the purpose of completing such an exchange. Buyer agrees to cooperate with the Seller and the qualified intermediary in a manner necessary to complete the exchange. 9) Referencing Paragraph 4 , (d) above, Buyer may pay the note in full at any time prior to payoff date. 10) Referencing Paragraph 4 (d) above, interest on the Second Deed of Trust shall be paid annually with first payment due one (1) year after the Closing on the same month and day Closing occurred and successive payments due each year thereafter on the same numbered date. 11) Seller retains the right to harvest crops currently growing on the property reflected in this contract seven (7) days after closing. If crops have not been harvested and removed from property reflected in this contract within seven (7) days after closing, then Seller's right of retention for the crops is forfeited. 12) This contract is contingent upon Little Thompson Water District's written statement that use of the 5/8" water tap existing on the property reflected within this contract is allowed for watering crops located within 43,000 square feet of greenhouse structures. 13) Buyer acknowledges that Seller is disclosing and has disclosed to Buyer that there is a natural water way ditch on a portion of land to the west of the existing well house where crop irrigation water runoff flows. Seller will provide a more definite description of the location of this natural waste water way for Buyer on or before the Survey Deadline reflected in this contract. 14) Conveyed to Buyer within the property reflected in this contract are the following legally described water rights: One Little Thompson Water District water tap and one water well (as is, in its current condition) located on the west side of the property. 15) Seller will convey to Buyer sand and gravel minerals on the property reflected in this contract. 16) A Recorded Exemption Application being filed by the Seller and approved by Weld County, at Seller's cost, severing the property from Seller's remaining property. 17) A Use by Special Review Application being approved by Weld County permitting the Buyer to operate a retail and wholesale nursery and greenhouse on the Property shall be filed by the Buyer at Buyer's cost. 18) An environmental audit of the property will be obtained by Buyer at Buyer's expense. CBS 2.939,Contract to Buy and Sell Real Estate(Commercial).6/3/99 RealFAST®Forms,Box 4700,Frisco,CO 80443, Version 6.01,®ReaIFAST®,2000;Reg#PCOCOL226455 Complet-,/, .Summer Meulsby,Broker/Owner,SUMMERHILL REALTY 0725100 09:42:52 Page 7 of 9 Buyer(_, � y� Saller(s) �y�. 19) A soils test shall be conducted by Buyer at Buyer's expense. Such soils test shall be done without damage to the tenant farmer's crop. 20) Seller shall cooperate with all applications and petitions necessary to accomplish the above contingencies. Buyer may waive any of the above contingencies in Buyer's sole discretion. 21) Closing shall be on October 5, 2000 or within 15 days following the completion of all contingencies specified herein whichever is later or upon mutual agreement between Seller and Buyer. 22) Seller represents that Buyer's surveyors and investigators will be able to access the property to accomplish the investigations, but the Buyer's surveyors and investigators shall not damage the tenant farmer's crop. 23) Notwithstanding Paragraph 17 above, this Contract may be assigned by the Buyer to an entity, Corporation, Sub S Corporation, LLC in which the Buyer is at least 50% owner and agree to be personally liable on the Promissory Note payable to the Seller as specified in paragraph 4 above. 24) After Closing the Seller shall cut a new irrigation runoff ditch on its remaining property, so that the tail water that has historically flowed through the Property being purchased by the Buyer will not continue to do so and to prevent flooding of the Property. This agreement shall survive closing. 25. ENTIRE AGREEMENT;SUBSEQUENT MODIFICATION;SURVIVAL. This contract constitutes the entire contract between the parties relating to the subject hereof,and any prior agreements pertaining thereto,whether oral or written,have been merged and integrated into this contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. My obligation in this contract which, by its terms, is intended to be performed after termination or Closing shall survive the same. 26. FACSIMILE. Signatures ®May O May Not be evidenced by facsimile.Documents with original signatures shall be provided to the other party at Closing,or earlier upon request of any party. 27. NOTICE. Except for the notice requesting mediation described in§21,any notice to Buyer shall be effective when received by Buyer or by Selling Company and any notice to Seller shall be effective when received by Seller or Listing Company. 28. NOTICE OF ACCEPTANCE;COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below,and the offering party receives notice of acceptance pursuant to§27 on or before Acceptance Deadline Date and Acceptance Deadline Time(§2c).If accepted,this document shall become a contract between Seller and Buyer.A copy of this document may be executed by each party,separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a fill and complete contract between the parties.BUYER DATE /7-2-� Fay S. Shultz 3912 W. 21st Street Road, Greeley, CO 80634-3923 BUYER r r�,cs �j27. DATE 7- Sz9p Mary M. Shult W. 21st eet Road, Greeley, CO 8'6634-3923 CBS 294;9,Contract to Buy and Sell Real Estate(Commercial),813199 ReelFA$T®Forms,Box 4700,Frisco,CO 80443, Version 6.01,®RealFA$T®,2000;Reg#PCOCOL226455 Completed by-M.Summer Maulsby,Broker/Owner,SUMMERHILL REALTY 07125/00 09:42:52 Page 8 of Seller(s) tri— [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 29] SELLER 7(/' DATES O Donald A. Wiedeman 29. COUNTER:REJECTION.This offer is ❑ Countered ❑Rejected. Initials only of party(Buyer or Seller)who countered or rejected offer END OF CONTRACT Note:Closing Instructions should be signed on or before Title Deadline. 1 BROKERACKNOWLEDGMENTS. The undersigned Broker(s)acknowledges receipt of the Earnest Money deposit specified in § 4 and, while not a party to the contract,agrees to cooperate upon request with any mediation conducted under§21. Selling Company Brokera eRelationship. The Selling Company and its licensees have been engaged in this transaction as O Buyer Agent d Seller Agent/Subagent LI Dual Agent ® Transaction-Broker. Listing Compan Brokerage Relationship. The Listing Company and its licensees have been engaged in this transaction as O Seller Agent En Dual Agent DA Transaction-Broker. BROKERS'COMPENSATION DISCLOSURE. Selling Company's compensation or commission is to be paid by: O Buyer ® Seller O Listing Company ❑Other 3% of Durchase price (To be completed by Listing Company) Listing Company's compensation or commission is to he paid by O Buyer ❑ Seller ❑Other 3% of purchase price (totalling 6% of purchase price between Listing and Selling Company) Selling Company: SUMMERHILL REALTY 2 South Parish Avenue P.O. Box 336 • Johnstown, CO 80534-0336 Phone: 970-587-4160, Fax: 970-587-5450 By D4. 1��+^�n�ti � t { / Signature M. Summer Maulsby Date Listing Company: Summenhill Realty (Name of Company) By: Signature f 1,,,,4( (aSI�a Date Listing Company's Address: 2 South Parish Avenue, P,Q, Box 336, Johnstown, CO 80534-0336 Listing Company's Telephone No: 970-587-4160 - Listing Company's Fax No: 970-587-5450 CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),813/99 RealFAST®Forms,Box 4700,Frisco,CO 80443, Version 6.01,®ReaIFA$T®,2000;Reg#PCOCOL226455 Complete.. - Summer Maulsby,Broker/Owner,SUMMERHILL REALTY Buyer( 07/25/00 09:42:52 Page 9 of 9 • Aug. 2. 2095 2 : 1 i R'N AMERICAN HERITAGE NORTH No, 7577 P. Sit 358GsB00 1 1 gab • FIRST AMERICAN HERITAGE TITLE COMPANY INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title,subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form,if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment end the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. • TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 • 3. Interest in the Land and Owner 2• 4. Description of the Land 2 SCHEDULE B-1 -- Requirements 3 SCHEDULE B-2•• Exceptions 4 CONDITIONS 1-A YOU SHOULD READ THE COMMITMENT VERY CAREFULLY, It you have any questions about the Commitment, please contact the issuing office. V r'ArUKT . 1557 �1 � Aug. �. -1fi�l � 1. °�1 AMER!4,PvlERj °r.1J fiEl<:1iAG� PIOf:;6 1::, , : � 1 P. o, �.,sssABuo • • CONDITIONS • 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located, 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B • Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on • this Commitment when you acted in good faith to• comply with the Requirements shown in Schedule B • Section 1 or eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. • 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the lend must be based on this Commitment and is subject to its terms. 200.200.1 2 I`I'0'i0 ' 1 2p\ kmEF.I CAN H p: Itsri E VCR. 7577 F. 7/I 53Eee Form r,10.1343(co-e7) ALTA Plan Language comm:menl COMMITMENT FOR TITLE INSURANCE ISSUED BY FIRST AMERICAN HERITAGE TITLE COMPANY agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the Company, through its agent, First American Heritage Title Company, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effec• live es of the Commitment Date shown In Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commit- ment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on page 1-A. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. • First American �Title Insurance Company S ILE tNs� �� 1 / apt' .... .... 9y2 • BY PRESIDENT w �o� op�.+ m n SEPTEMEER24, : a ,,y/�j b> • 1868 ' // BY Li/Y►l t, SECRETARY aOA! I P o 0.61 P�F BY COUNTERSIGNED A Buz 2. 2000 ! 2PM AMERICAN HERITAGE NORTH MA 7P77 p p/Ip FIRST AMERICAN HERITAGE TITLE CO 1000 Centre Avenue•Fort CoBina,CO 80526 •Phone: (970)493-3051 •FAX;(970)224-2177 COMMITMENT SCHEDULE A Commitment No: LR3586a200 1. Commitment Date: July 27, 2000 at. 7: 29 A.M. 2. Policy or Policies to be issued: Policy Amount (a) Owners Policy - Proposed Insured: $ TED For Information Only 3, Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: Donald A. Wiedeman 4. The land referred to in this Commitment is described as follows: SCHEDULE A PAGE 2 ATTACHED HERETO • • PREMIUM: Owner's Policy $ 300. 00 0E/02/00 14 :42 : 50 cm HC5393 into on o8/,Aug. 2, 2000 , q 2 , ".',FM,Sgg;f;l'd!ER;Ci'.Nr,E^iTAGE NORTH No. 7577 P. 9i13sgcanoo SCHEDULE A - Page 2 Order No. CR35868800 All that part of Lot "5" of Recorded Exemption No. 0957-21-2-RE172, recorded April 24, 1975 in Book 737 at Reception No. 1658900, being a part of the West 1/2 of Section 21, Township 5 North, Range 67 West, lying south of a certain line and south and west of the north and east boundary line of the Greeley and Loveland Irrigation Canal, more particularly described as follows: BEGINNING at the Northwest Corner of Section 21, Township 5 North, Range 67 West and considering the West line of the Northwest 1/4 of Section 21 to bear South 00'33 '56" West with all other bearings relative thereto; Thence South 00'33 '56" West along said West line 2006. 43 feet to the TRUE POINT OF BEGINNING; Thence South 86'10' 21" East, 716. 87 Feet to a point on the East boundary line of the Greeley and Loveland Irrigation Canal; Thence South 22 '50 '41" East, 670 . 67 feet; Thence South 21'36'39" East, 328 . 96 feet; Thence South 41 '00 ' 44" East, 425. 82 feet; Thence South 58'40'20" East, 404 . 53 feet; Thence South 69'39 '33" East, 408. 91 feet; Thence South 75'54'41" East, 162 .18 feet; Thence South 71 '26'47" East, 281 . 48 feet; Thence South 61'11' 04" East, 157.29 feet to a point on the East line of the West 1/2 of said Section 21; Thence South 00'03 '44" West, along the East line of the West 1/2 of Section 21, 847.47 feet to the South Quarter Corner of said Section 21; Thence South 90'00'00" West along the South line of the West 1/2 of said Section 21, 2698, 06 feet to the Southwest Corner of said Section 22; Thence North 00 '40 '44" East along the West line of the Southwest 1/4, 2614. 92 feet to the West Quarter Corner of said Section 21; Thence North 00'33 '56" East along the West line of the Northwest 1/4 of said Section 21, 83 . 12 feet to the TRUE POINT OF BEGINNING (T.P.O.B. ) . County of Weld, State of Colorado. (for informational purposes only) 26886 WCR 17 R/(.6,113. a 2000 , 5 l J4F`?4'530MIRICAN HERITAGE NCRTH Yo. 7577 P. 11J .^A:;e% NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) CAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall he responsible for all matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may.request mechanic's lien coverage to be issued or. your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this commitment the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. It the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10-11-122 C.R.S. ) The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and 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. �,IaC ^ ��l�I 2 � � '�! 4, nl•�T�'�1t HERITAGE rj' NORTH'T�' . r 08i L. 0•U :5 11 F v1,539. Nl I N IEF.l 1AG NO H N;, 7577 F', 1 1/15 •14dDCG Form No. 1344-51 (CO.88) ALTA Plain Language Commitment SCHEDULE B - Section 1 Order No. LR35°68B00 Requiremaata The following requirements must be met; (a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Obtain a certificate of taxes clue from the county treasurer or the county treasurer's authorized agent. • (d) The following documents satisfactory to us must be signed, delivered and recorded: 1. This commitment is for informational purposes only. The Company's liability is limited to the amount paid for this product. NOTEr IF THE SALES PRICE CF THE SUBJECT PROPERTY EXCEEDS $100, 000. 00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604. 5 (NONRESIDENT WITHHOLDINC) • ug 2. 2PnU . 5 L: ,15PM539.AMEPl'`MT H�F:� i ! NO; If. 3 757^ 2/iha6sDov 08, 0 _ . . -- .... � � I Y. .� R Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 2 order No. LR35669B00 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction; 1. Taxes and Assessments not certified to the Treasurer's Office. - 2 . Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3 . Easements, or claims of easements, not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. 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. 6. All taxes and assessments, now or heretofore assessed, due or payable. 7 . Patent reservations as contained in Patents recorded in Book 208 at Page 27 and in Book 153 at Page 40 of the Weld County Records . 8 . Mineral reservations as contained in Deeds recorded in Book 233 at Page 227 and in Book 112 at Page 334 of the Weld County Records . 91. Surface Owner's Agreement recorded in Bonk 1165 at Page 151 of the Weld County Records . 10. Easements recorded in Books 766 at Reception No. 1688341 and in Book 775 at Reception No. 1696509 of the Weld County Records. 11 . Inclusion within the Northern Colorado Water Conservancy District, West Greeley Soil Conservation District, Little Thompson Water Valley District and the Johnstown Fire Protection District. 12 .. All items shown on Recorded Exemption No. 0957-21-2-RE172, recorded April 24, 1975 in Book 737 at Reception No. 1658900. 13 . An Oil and Gas Lease, from Donald A. Wiedeman as Lessor(s) to Marine Petroleum Company as Lessee (s) dated November 16, 1981, recorded December 30, 1981 in Book 956 at Reception No. 1878341, and any and all assignments thereof or interests therein. 14 . An easement for pipeline and incidental purposes granted to Natural Gas Associates by the instrument recorded November 13, 1984 in Book 1049 at --Continued Aug 2, 200000is 22 • 15PMa39:AMERICANJ HERITAGE NORTH No, 7577 F. 13/ I scwou Form No. 1344-D2 (C0-88) ALTA Plain Language Commitment Schedule B - Section 2 continued order No. LR.35868200 Reception No. 1988219 . 15. An easement for telecommunication cables and incidental purposes granted to US West Communications, Inc. by the instrument recorded October 21, 1993 in Book 1407 at Reception No. 2356051. 16. Deed of Trust from Donald A. Wiedeman, to the Public Trustee of Weld County, for the benefit of First National Bank of Johnstown, securing an original principal indebtedness of $ 151, 818. 00, and any other amounts and/or obligations dated December 18, 1997, recorded December 23 , 1997 in Book 1638 at Reception 2586060 . 17. Deed of Trust from Donald A. Wiedeman, to the Public Trustee of Weld County, for the benefit of First National Bank of Johnstown, securing an original principal indebtedness of $ 102,281. 00, and any other amounts and/or obligations dated January 29, 1999, recorded February 9, 1999 at Reception No. 2672395 , 18 . Deed of Trust from. Donald A. Wiedeman, to the Public Trustee of Weld County, for the benefit of First National Bank of Johnstown, securing an original principal indebtedness of $ 155,493 . 00, and any other amounts and/or obligations dated April 5, 1999, recorded April 6, 1999 at Reception No. 2685237 . Aug, [IU 2: ISPM AMERICAN HERITAGE NORTH N , 7577 Y. ;41,51easa'i Order No. LR35868B00 AFFIDAVIT AND INDEMNITY TO FIRST AMERICAN TITLE INSURANCE COMPANY 1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned on property located at 26886 WCR 17, Johnstown, Colorado 80534 and legally described as: ee All that part of Lot "B" of Recorded Exemption No. 0957-21-2-RE172, recorded April 24, 1975 in Book 737 at Reception No. 165890D, being a part of the West 1/2 of Section 21, Township 5 North, Range 67 West, lying south of a certain line and south and west of the north and east boundary line of the Greeley and Loveland irrigation Canal, more particularly described as follows: BEGINNING at the Northwest Corner of Section 21, Township 5 North, Range 67 West and considering the West line of the Northwest 1/4 of Section 21 to bear South 00' 33 ' 56" West with all other bearings relative thereto; Thence South Continued 2 . We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3 . We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court, State or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than lease hold estates reflected as recorded items under the subject commitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B. The undersigned affiant(s) know the matters herein stated are true and indemnifies FIRST AMERICAN TITLE INSURANCE COMPANY against loss, costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the .conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: Donald A. Wiedeman STATE OF COLORADO ) 55 . COUNTY OFCOUNTY OF The foregoing instrument was acknowledged, subscribed and sworn to before me this day of by Donald A. Wiedeman. My commission expires:_,__ Notary Public Aug. 2. 2000 2 : 16PM AMERICAN HERITAGE NORTH Na, 7577 F. 15/15%eae00 Order No- LR35868200 CONTINUATION or LEGAL DESCRIPTION 00' 33 ' 56" West along said West line 2006.43 feet to the TRUE POINT OF BEGINNING; Thence South 86' 10' 21' East, 716. 87 feet to a point on the East boundary line of the Greeley. and Loveland Irrigation Canal; Thence South 22 ' 50 ' 41" East, 670. 67 feet; Thence South 21' 36' 39" East, 328.96 feet; Thence South 41 ' DC ' 44" East, 425.82 feet; Thence South 58' 40' 20" East, 404 . 53 feet; Thence South 69 ' 39 ' 33" East, 408.91 feet; Thence South 75' 54 ' 41" East, 162. 18 feet; Thence South 71' 26' 47" East, 281 .48 feet; Thence South 61' 11 ' 04" East, 157 .29 feet to a point on the East line of the West 1/2 of said Section 21; Thence South 00' 03'44" West, along the East line of the West 1/2 of Section 21, 847.47 feet to the South Quarter Corner of said Section 21; Thence South 90' 00' 00" West along the South line of the West 1/2 of said Section 21 , 2698. 06 feet to the Southwest Corner of said Section 21; Thence North 00' 40' 44" East along the West line of the Southwest 1/4, 2614.92 feet to the West Quarter Corner of said Section 21; Thence North 00' 33 ' $6" East along the West line of the Northwest 1/4 of said Section 21, 83 .12 feet to the TRUE POINT CF BEGINNING (T,P.O.B. ) . COUNTY OF WELD, STATE OF COLORADO Hello