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Home My WebLink About20002521.tiff TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8046488W 1 . Effective Date : August 1, 2000 at 7 : 00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner' s Policy $ 2 , 503 , 000 . 00 $5 , 103 . 00 Proposed Insured: Everitt Enterprises , Inc . , a Colorado Corporation B . ALTA Loan Policy $ $ Proposed Insured: Tax Certificate $60 . 00 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Cullison Family Farms, LLC, a Colorado Limited Liability Company 4 . The land referred to in this commitment is described as follows : (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSNATION TITLE INSURANCE COMPANY By Wanda L. Calhoon Authorized Signature Issued : August 21 , 2000 WLC/bjm 2000-2521 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046488W SCHEDULE A - Continued LEGAL DESCRIPTION PARCEL 1 : Lot B of Recorded Exemption No. 0705-28-3-RE1182 recorded August 1 , 1989 in Book 1239 as Reception No. 2186919, being a part of the S1/2 of Section 28 , Township 7 North, Range 67 West of the 6th P .M. , County of Weld, State of Colorado, EXCEPTING THEREFROM a parcel of land conveyed to the Department of Highways , State of Colorado by deed recorded December 9, 1966 in Book 576 as Reception No . 1497877 . PARCEL 2 : The NW1/4 of Section 33 , Township 7 North, Range 67 West of the 6th P .M. ; also that part of the SE1/4 of said Section 33 lying North and West of the discharge canal from the Windsor Reservoir and East of that certain tract f oir land conveyedhe Windsor inRBookv233 atdPageal Company to 368 — EXCEPTING from said tract a strip 100 feet wide on the South and West side of the dam of said reservoir and extending parallel to said dam from the said discharge canal in a general Northwesterly direction the length of said dam, ALSO EXCEPTING a strip 100 feet wide on the West side of said discharge canal . Page 2 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046488W SCHEDULE A - Continued REQUIREMENTS e The following are the requirements to be complied ed with ith prior recorded th issuance of said policy or policies. Any other isubsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COTY TREASURE ' S INSURED HASNNOTIFIED ORR INSTRUCTED ZTHE ACO PANYGENT; RIN WRITING TO UNTIL THE O ED THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100 , 000 .00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604 . 5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997 , CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER' S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND ANDERECORDERTMAY REFUSEMTO RECORD FORT FILE SANY T NDOCUUMENTN THAT CH. T HE CLERK MARGIN DOES NOT CONFORM. ization A. Articles of Colorado Limited nLiabil relating s, LLC,Liability Company, disclosing Family the names m a of the ments of Managers, eq. , wise evidencing theexistence with the roffusaid Limited 7ia- ilit et . seq. , Liability Company, and the filing of said Articles of Organization in the office of the Secretary of State of the State ofColorado on, or prior to its acquisition of the subject p p Y. B. Copy of executed Operating Agreement and any amendments for Cullison Family Farms, LLC, a Colorado Limited Liability Company, disclosing the names of the managers , and otherwise complying with e the Requirements of CRS 7-8-101 et . seq. , to its in evidencing the of said Limited Liability Company, prior subject property, must be furnished to and approved by Transnation Title Insurance Company. Page 3 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046488W SCHEDULE A - Continued REQUIREMENTS C . Evidence satisfactory to Transnation Title Insurance Company that full and complete payment has been made pursuant to Agreement between Everitt Enterprises, Inc . , and Windsor RE-4 School District recorded July 24 , 2000 as Reception No. 2782263 . D. Deed from Cullison Family Farms, LLC, a Colorado Limited Liability Company to Everitt Enterprises, Inc . , a Colorado Corporation. Page 4 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046488W SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records . 5 . Defects , liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment . Note: The above t on icies where closing and settlement has been performed by the lcompany. 6 . a . Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district . b. Any and all unredeemed tax sales, if any. Note :Upon receipt of a Certificate of Taxes Due evidencing that thee are noing n ax sales , the issued hereunove der . Note: 6b will Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE F TAXES DUE LISTING EACH N MAY BE OBTAINEDFROMTHECOUNTY TREASURER OR THEICOUNTYNG ISDICTIO TREASURER' S AUTHORIZED AGENT; S(C)UCH DISTRICTSON MAYEBERDING OBTAINEDCIAL FROMDTHERICTS BOARD AND COUNT THE Y OF COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 5 • TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046488W SCHEDULE B - Continued EXCEPTIONS 7 . Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14 , 1889 in Book 86 at Page 273 . 8 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U. S . Patent recorded April 27 , 1891 in Book 51 at Page 138 (affects SE1/4 Section 28) ; November 19 , 1896 in Book 34 at Page 404 (affects SW1/4 Section 28) . 9 . Right of way whether in fee or easement only for J.W. Warren Irrigation ditch, as evidenced by instrument recorded December 19 , 1889 in Book 76 at Page 218 , in which the specific location is not defined. (affects Section 28) 10 . Right of way whether in fee or easement only for irrigation ditch as conveyed by deed recorded February 12 , 1897 in Book 114 at Page 532 , in which the specific location is not defined. (affects Section 28) 11 . Right of way, whether in fee or easement only, for a public highway, as granted to Weld County, Colorado by T. G. Cullison, recorded February 29, 1940 in Book 1058 at Page 66 , affecting the following described property: All of the East 10 feet of the West 40 feet of the SW1/4 of Section 28 , All of the East 10 feet of the West 40 feet of the NW1/4 of Section 33 . 12 . Right of way, whether in fee or easement only, for a public highway, as granted to Weld County, Colorado by T. G. Cullison, recorded August 19 , 1940 in Book 1067 at Page 165 , affecting the following described property: A tract of land situated in the NW1/4 of the SW1/4 of Section 28 , Township 7 North, Range 67 West of the 6th P .M. , and more particularly described as follows : Beginning at a point on the one-quarter section line, 114 feet Easterly from the West quarter corner of said Section 28 ; thence continuing Easterly along the quarter section line for a distance of 38 feet ; thence South 6 degrees 37 minutes West 10 feet; thence Southwesterly along a 45 degree curve to the right for a distance of 150 feet; thence North 16 degrees 31 minutes East 139 feet to a point of beginning . Page 6 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046488W SCHEDULE B - Continued EXCEPTIONS 13 . Larimer Weld Canal and additional highway right of way as shown on Recorded Exemption No . 0705-28-3-RE1182 recorded August 1, 1989 in Book 1239 as Reception No. 2186919 . (affects Section 28) 14 . Matters of Survey as shown on ALTA/ACSM Land Title Survey recorded March 16 , 2000 as Reception No. 2756069 . NOTE : The following notices pursuant to CRS 9-1 . 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705 . (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No . 1979784 . (c) Associated Natural Gas , Inc . , recorded April 10 , 1989 in Book 1229 as Reception No . 2175917 . (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No . 1874084 . (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No . 1919757 . Page 7 Report Date: 04/02/99 11:27AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT/J: 5692 SCHEDULE NO: R0184289 ORDER NO: 8046488W ASSESSED TO: VENDOR NO: 12 CULLISON FAMILY FARMS LLC TRANSNATION TITLE P O BOX 3241 1113 10TH AVE GREELEY, CO 80633 0241 GREELEY CO 80631 LEGAL DESCRIPTION: 23735 SW4&2 PARCELS IN SE4 28 7 67 BEG CENTER OF SEC E420' S22D25'E 530' S1570' N50D05'W 808' N1548' TO BEG&BEG 903' N43D19'E OF SW COR OF SE4 S51D15'E 285' N89D55'E 190' N21D55'E 216' N27DW 442' N11DE 496' N33D30'W 801' SOD15'E 1537' TO BEG EXC FROM THE SW4 BEG 1548'S OF CENTER OF SEC S1092' W196' N28D03'W 250' N24DE 303.5' N29D23'W 518' N21D12'W 629' N48D18'E 228' S40D05'E 777.6' TO BEG ALSO EXC BEG SW COR SEC NOD38'E 28.01' N89D58'E 40' TO TRUE POB N0D38'E 209' N89D58'E 208.44' SOD38'W 209' S89D58'W 208.44' TO BEG LOT B REC EXEMPT RE-1182 (2.44R) PARCEL: 070528000018 SITUS ADD: 37296 76 CR WELD TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 0.00 TOTAL TAXES TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT .00 TAX YEAR TAX LIEN SALE TLS AMOUNT EU AMOUNT REDEMPT FEE TOTAL DE TOTAL STATEMENT 0 GRAND TOTAL DUE GOOD THROUGH 04/02/1999 0.00 ORIGINAL TAX BILLING FOR 1998 TAX DISTRICT 0430 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 831.27 Land 69119 20050 SCHOOL DIST RE4 50.222 1,894.38 Exempt 0 0 NCW WATER 1.000 37.72 Improve 154983 17670 NWC WATER 0.000 0.00 ----- WINDSOR SEVER FIRE 3.149 118.78 Total 224102 37720 AIMS JUNIOR COL 6.253 235.86 WINDSOR LIBRARY 2.638 99.51 WEST GREELEY SOIL 0.414 15.62 85.714 3,233.14 - TAXES FOR 199E FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWLNG DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 2, REAL PROPERTY-AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY CObLMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes, transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the s e may still be redeemed with the amount required for redemption are as noted herein. In wimess whereof,I have hereunto t y dm`s / TREASURER, WELD COUNTY, ARTHUR L. WILLIS II, BY ' P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ect.3290 Report Date: 04/02/99 11:36AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT II: 5701 SCHEDULE NO: R0746586 ORDER NO: 8046488W • ASSESSED TO: VENDOR NO: 12 CULLISON FAMILY FARMS LLC TRANSNATION TITLE P 0 BOX 3241 1113 10TH AVE GREELEY, CO 80633 0241 GREELEY CO 80631 LEGAL DESCRIPTION: 23759 NW4 33 7 67 &THAT PT SE4 N &W OF DISCHARGE CANAL OF WINDSOR RES &S &W OF DAM OF RES (3R2D) PARCEL: 070533000003 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT LVT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASNIT AMOUNT EST AMOUNT ADV,PEN,riIISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT DU AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE GOOD THROUGH 04/02/1999 0.00 ORIGINAL TAX BILLING FOR 1998 TAX DISTRICT 0430- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 571.22 Land 70121 20330 SCHOOL DIST RE4 50.222 1,301.75 Exempt 0 0 NCW WATER 1.000 25.92 Improve 55210 5590 NWC WATER 0.000 0.00 -- - --- WLYDSOR SEVER FIRE 3.149 81.62 Total 125331 25920 ALMS JUNIOR COL 6.253 162.08 WINDSOR LIBRARY 2.638 68.38 . WEST GREELEY SOIL 0.414 10.73 85.714 2,221.70 - TAXES FOR 1998 FEE FOR THIS CERTIFICATE • 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 2, REAL PROPERTY-AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMLMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes, transfer tax or misc. tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same till be re eemed with the amount required for redemption are as noted herein. In witness whereof,I have hereunto set TREASURER,WELD COUNTY, ARTHUR L. WILLIS II, BY P.O.Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 Report Date: 04/02/99 11:37AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 5702 SCHEDULE NO: W6577586 ORDER NO: 8046488W ASSESSED TO: VENDOR NO: 12 CULLISON FAMILY FARMS LLC TRANSNATION TITLE P 0 BOX 3241 1113 10TH AVE GREELEY, CO 80633 0241 GREELEY CO 80631 LEGAL DESCRIPTION: NW4 33 7 67 46AF PARCEL: 070533000003 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT TNT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT ENT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT Iri T AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE GOOD THROUGH 04/02/1999 0.00 ORIGINAL TAX BILLING FOR 1998 TAX DISTRICT 7110- Authority Mill Levy Amount Values Actual Assessed o.oao 69.00 - TAXES FOR 1993 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 2, - REAL PROPERTY-AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes, transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I, the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein.In wimess whereof,I have hereunto set my ha and seal this 04/02/99. TREASURER,WELD COUNTY, ARTHUR L. WILLIS II, BY ,b2/ a cJ P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext.3290 ISSUED AMS BY NATION TRLE INSURANCE COMPANY TRANSNATION COMMITMENT FOR TITLE INSURANCE Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed;this instrument, including Commitment,Conditions and Stipulations attached,to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. TRANSNATION TITLE INSURANCE COMPANY J\J1 INSA't 0 Qa /J / çt':':fi) B Attest: /f�LrvtCe i W '/, y:(/ (� aPresident Secretary ili# *= RIZ0N%woe Conditions and Stipulations I. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof, or(b) to eliminate exceptions shown in Schedule B, or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Conditions and Stipulations,and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment-1966 Cover Page • TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8046560W 1 . Effective Date : April 13 , 1999 at 7 : 00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner' s Policy $ 250 , 000 . 00 $823 . 00 Proposed Insured: Everitt Enterprises , Inc . , a Colorado Corporation B . ALTA Loan Policy $ $ Proposed Insured: Tax Certificate $30 . 00 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: George A. Nelson Farm, Inc . , a Colorado Corporation 4 . The land referred to in this commitment is described as follows : (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSNATION TITLE INSURANCE COMPANY By Wanda L. Calhoon Authorized Signature Issued: August 21 , 2000 WLC/bjm TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046560W SCHEDULE A - Continued LEGAL DESCRIPTION The S1/2 of the NW1/4 of Section 28, Township 7 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed to Weld County by Deed recorded January 21, 1907 in Book 212 at Page 583 . EXCEPTING THEREFROM a parcel of land conveyed to the Windsor Reservoir and Canal Company by deed recorded January 22 , 1907 , in Book 254 at Page 39 . EXCEPTING THEREFROM a parcel of land conveyed to the Department of Highways, State of Colorado by deed recorded November 25, 1966 in Book 575 as Reception No . 1497390 . Page 2 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046560W SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies . Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100, 000 . 00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S . 39-22-604 . 5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER' S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. A. Deed, executed by the President , Vice President or other head officer from George A. Nelson Farm, Inc . , a Colorado Corporation to Everitt Enterprises, Inc . , a Colorado Corporation . NOTE : Corporate Seal or facsimile must be affixed. Page 3 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046560W SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records . 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment . Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6 . a . Taxes due and payable ; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district . b. Any and all unredeemed tax sales, if any. Note :Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder . Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 4 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046560W SCHEDULE B - Continued EXCEPTIONS 7 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U. S . Patent recorded July 21, 1887 in Book 57 at Page 28 . 8 . W.S . Mason Ditch, and any and all rights of way therefore, as evidenced by Map and Statement filed October 31, 1889 in Book 90 at Page 481 , in which the specific location is not defined. 9 . Right of way, whether in fee or easement only for seep ditch as conveyed to Thomas G. Cullison by deed recorded April 15, 1905 in Book 212 at Page 148 , in which the specific location is not defined. 10 . Right of way, whether in fee or easement only, for a public highway, as granted to Weld County, Colorado by George A. Nelson, recorded February 29, 1940 in Book 1058 at Page 68 , affecting the following described property: All of the East 10 feet of the West 40 feet of the NW1/4 of Section 28 , Township 7 North of Range 67 West of the 6th P.M. 11 . Matters of Survey as shown on ALTA/ACSM Land Title Survey recorded March 16 , 2000 as Reception No . 2756069 . NOTE : The following notices pursuant to CRS 9-1 . 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1 , 1981 in Book 949 as Reception No. 1870705 . (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No . 1979784 . (c) Associated Natural Gas, Inc . , recorded April 10 , 1989 in Book 1229 as Reception No . 2175917 . (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084 . (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No . 1919757 . Page 5 • Report Date: 04/13/99 12:23PM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 6245 SCHEDULE NO: W6576386 • ORDER NO: 8046560W ASSESSED TO: VENDOR NO: 12 NELSON GEORGE A FARM INC TRANSNATION TITLE 8088 WCR 78 1113 10TH AVE FT COLLINS, CO 80524 GREELEY CO 80631 LEGAL DESCRIPTION: NW4/PT NE4 28 7 67 60AF BEG AT CEN SEC N1000' S22D47'E 1085' W420' TO BEG PARCEL: 070528000001 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT ma AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE GOOD THROUGH 04/13/1999 0.00 ORIGINAL TAX BILLING FOR 1998 TAX DISTRICT 7110- Authority Mill Levy Amount Values Actual Assessed 0.000 90.00 - TAXES FOR 1998 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 2, REAL PROPERTY-AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMLMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes, transfer tax or misc. tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I, the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof,I have hereunto set my band rd seal this 04/13199. /7 TREASURER, WELD COUNTY, ARTHUR L. WILLIS II, BY P.O.Box 458 �1� Greeley, CO 80632 (970)353-3845 ext.3290 ISSUED BY . TRANSNATION TIME INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument,including Commitment,Conditions and Stipulations attached,to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. TRANSNATION TITLE INSURANCE COMPANY �0��11E I HSUg4'rr % �JJJ/////////��/// Q / �N 'NC0IP0AIIID o 67�°/�!�Attest /YGG.y(n y/J�G �% By:(/// I/ j� tcvr.iL wtt i� Secretary �� President lobase Conditions and Stipulations I. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate exceptions shown in Schedule B, or (c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment-1966 Cover Page Form 1004-248 ORIGINAL Hello