HomeMy WebLinkAbout20001726.tiff I�
WAR. JV'CY DEED
'fill$DEED,Made this 6th day of MAY
19 91,between CAROLYN CARTER HANSEN
.
oldie •County of BOULDER and Stale of I
C.awawo,Imam and RICKY D. LAURIDSEN II
' whtw•Iegma.Jmas is 2509 WELD COUNTY ROAD /10, ERIE, COLORADO 80516
• mow County sit WELD and State of Coleeado.get -e:
wrrNESSETH,That the granite fur and in consideration of nbe sum pl **($65,000.00)**
**SIXTY—FIVE THOUSAND DOLLARS AND NO/100th:s*******************************IKAA ARS.
' to receipt and wl licieney of which is hereby as k.mwlnl-d.has granted.bergm,em sold and coowyrd,and by dose presets does gran6 bargain.sell.
conste and confirm.unto the grantee,his heirs and assume newer,all the real pnjerty together with imlmsensents,if any.Lim:im.lying and being in Joe
Canny of WELD and Sono or l,.keaths described as hollows.
ALL OF SE 1/4 OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 68 WEST SOUTH OF IJ.P.R.R.
RIGHT OF WAY EXCEPT PARCEL OF 3 ACRES. BOOK 908 AT PACE 2U8 AND EXCEPT 40 ACRES
MORE OR LESS, BOOK 1469 AT PAGE 432 AND ALSO EXCEPT ;
BEGINNING 380' WEST OF SOUTH 1/4 OF SOUTH 1/4, CORNER OF NORTH 300' EAST 165' Ii
NORTH 1020' TO THE NORTH LINE SOUTH 1/2, S 1/4 , WEST TO THE NORTH AND SOUTH
CENTER LINE, SECTION 9, SOUTH 1334.81 TO SW CORNER, SE 1/4 EAST TO BEGINNING
- EXCEPT UPRR COMPANY RESERVATIONS AND THIS CONTAINS A PLOT OF GROUND APPROXIMATELY g
11 ACRES.
as known by sheet and number as:2511 WELD COUNTY ROAD 10, ERIE, COLORADO 80516
TOGETHER with all and singular the hertJitsnenns and appurtenances thereto belonging,or in anywise appemining,and the reversion and
reversions,remainder and remainders.rents.issues and profits thereof.and all the estate.right.title.interest.claim and demand whatsoever of the
' grata.either in law Of equity of.in and to the above bargained Reenlises.with the benediumenea and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described.with the appunerw*es,unto the grantee.his heirs and assigns
former.And the grantor.for himself.his heirs,and personal epress*mives.dues covenant.gram.bargain,and agree to and with the grantee.his heirs and
assigns,that at the time of the=sealing and delivery of these presents.be is well seized of the premises above conveyed,has good.sure.perfect.absolute
and indefeasible estate of inheritance.in law.in ice simple.and has good tight,full power and lawful authority to gam.bargain,sill and convey the same
in manner and form as aforesaid.and that the one arc free and clear from all former sod ocher pants.bargains.sales.lirir taxes.assessments.
encumbrances nd restrictions of whatever kind Or nature sinner.except the general real estate taxes and assess—
. for 1991 and subsequent years; EXCEPT reservations, restrictions, easements and
tights of way of record, if any. •
The grantor'ball and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee.
her heist and amps,sgainm all and every person or persons lawlully claiming to whole or any pat thereof.The singular number shall include the plural.
the plural the singular.and the use of any gender shall be applicable to all genders.
• IN wPINE5s WHEREOF,the grantor has executed this deed on the Jae set f th above.
A T HAN A 76' '''''/Air =._
OL A1RT
STATE OF COLORADO 1 —�---
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Cwmy of`}a1Q/Vsw0
The foregoing hm w w m em vim ackekttpd barmy me this 6th of MAY 19 9 I
II
IN CAROLYN CARTER HANSEN.
_•:��•`e',sick plree-0Y ,199,g Weneas my hand and official seal. .
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gt "` EXHIBIT
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No,932A.Ray.7.14. WARRANTY DUD 1M Ylrsygbie I
red
&deed Ywatldf.,' 2000-1726
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Part ofethe So•-..ieast Quarter (SE1/4) of Section 9, Townsh.r 1 North, Range 68 R L
0 . West of the 6th P.M., Weld County, Colorado, described as follows: '•
.(?'—`• `" Beginning 380 feet West of the South Quarter-Quarter Corner (SI/4 1/4 Cor), R>
4c ; North 300 feet; East 165 feet; North 1020 feet to the North line of the South
r •.:;....-411-"` Half of the Southeast Quarter (S1/25E1/4), West to the North and South Yi.,. r
centerline of Section 9, South 1,334.8 feet to the Southwest Corner (SW Cor)
of the Southeast Quarter (SE/4), East to the Point of Beginning.
i., n r S
;. 3 1433 REC 02380049 03/24/94 15:35 $10.00 2/002 )' ':-.
F 0585 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO +"' -- .' i
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1 133 REC 02390049 03/24/94 15:35 $10.00 1/002 st yt
wy F ..584 MARY ANN FEUERSTEIN CLERK & REC..RDER WELD CO, CO y'
AN 4dUU49 n i
WAStIi]►N7ITY D7AQED
•
THIS DEED, Nada this day of March 16, 1994, between M" • �l
a STATE DOCUMENTARY FEE
JOSH M. BRENNAN Date.,.3/- '44/..%4/
of the County of WELD and State of COLORADO, grantor, $ J' CO
-:J. K1.. and I L— 4w
C 'It:"
SHAWN A. PETERSBORC AND PAULA R. PETERSBURG 1 t•"
,
whose legal address is 2509 WELD COUNTY ROAD 10, ERIE, F
COLORADO SOZ3 ,,,9yf the County of WELD and State of r
COLORADO, g3TafiEee r s:
eITIRSSETB, that the grantor, for and in consideration of the sum of 5190,000.00 DOLLARS, the receipt and
t -l'
� sufficiency of which is hereby acknowledged, en s granted, bargained, sold and conveyed, and by these presents does
onf greet, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy 1e �.,�
CYO maw bit in joint tenancy, all the real property, together with impraveaots, if any, situate, lying and being In I l
Qh the County of MILD and State of Colorado, described as follow:• I ?_
BEI SCHEDULE A
I� f
also known by street and number as 2509 WELD COUNTY ROAD 10, ERIE COLORADO 80316 I..
TERMER with all and singular the hereditament, and appurtenances thereunto belonging, or in anywise appertaining
and the reversion and reversions, remainder and reminders, rents, issues and profits thereof: and all the estate,
right, title, interest, clan end demand whatsoever
atsoer of the grantor, either in law or equity, of, in and to the Wenn ,L.
bargained premises, with the hereditament, and appurtenances.
TO EWE AND TO SOIL the said pr saes above bargained and described, with the appurtenances, unto the raid k..
grantees, their heirs and assigns forever. And the grantor, for hiaelf, his heirs and personal representatives, does % E ,
covenant, grant, bargain and agree to and with the grantees, their heirs snd assigns, that at the time of the
wresting and delivery of these pressures, he is well wised of the predicts above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful f t
authority to grant, bargain, sell and convey the sun in Renner and form aforesaid, and:3 w C the sane an free and
.:, clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of -
whatever kind or nature soarer, ENCmT FOR TAXES FCR TAE COMM TEAR, A LIEN BUT NOT TEE DOE OR BATASLA, FASEMNTS,
r,', RESTRICTIONS, COMMITS MD RIGHTS-a-1W ' RECORD, IT Al?,
The grantor shall and will NARMIIT MO FOREVER DEFEND the above-bargained presides in the quiet and peaceable •
possession of the grantees, their heirs and assigns, against all and every parson or persons lawfully claiming tte ': ..3
whole or any part tharw wither singular er shall include the plural, the plural the singular, and the use of arty j' rt.
gender shall be applicable to all genders. I'
IN WITNESS NNEREDF the grantor has mended this deed on the date set forth above.
.
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Jr - - OWI N. BRLIMAN
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' r r r SLATE CE COLLMoO I ,; r , A .
Its. al -,ee. I
corn m DfvU I
The foregoing inetrumant was acknowledged before me this day of Hitch 16, 1994 by
14 I
1 EOM W. SRLNNAN ,'r . 1!.
Hy Confusion expires: November 30, 1996 1.
Nftmen my and and official sea
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Notary P lin: DEBORA DAVIS
4 DEBORA DAVIS
NOTARY PUBLIC
4 STATE OF COLORADO
F ..1:,
I 1I1A Rev 3-IS RUMMY? DUO Ito Joint Tvnants3 CASII r-147$I DOC FF.N 3 19.00 F ._p'
Baal _._ .._1 : . ?.= /- �_ .� _�_�_._w. _-._._. - --�-- Date of Research %G�/Sli.2-i . ...
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_.._ __.____ ________ Research Done by: .e(-rc. _
Assigned Parcel Number for Section
�.�---�-� ACRES Improvements
Old Parcel Number New Parcel Number
IDitch Road Nnne
Ome �-4).� `•c-� _.. C._�t' • _i.�1 _ . ....___�__.__.._ _ ___.__..__ . Pa 5 t Dry _ ._.. MH Hook+_�li
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rfm tints _ _ ___ _ _ -._........___.__.-.__,.___._.....
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4, I `/ `' `= /- ew ._..___ Date 2 r Res par-ch -__-z4G!5(Z?7-- ...-
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Assigned Parcel Number for :Section
G ACRES
� ~ :�s 6/..,R L r..�.,` � ' Improvements
Old Parcel Number New Parcel Number R�--'
c::::::i:i:: Of-`
i Dtch / Road NoneWaste Irr ____ House House
i,lame , .�_Lc___<< 4.e.:,-„,..c_ �.t�:r..._ _ -- _ Past . Dry MH Hook�.rp-._ __
Address ...._r. . _.__ _ _..__-..___..__"Y_.._ _ _ __ SUBTRACT ._._ _ Other •-•e..--.-
f)ev ____
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r.S.Acn'din , Date T..ec. # Instrument T e Instrument
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Attachment B
COMMONWEALTH LAND TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment No. : F928604
1. Effective Date: April 22, 2000, at 8:00 a.m.
2 . Policy or policies to be issued: Amount Premium
A. ALTA Owner's Policy $N/A $100. 00
Proposed Insured:
EXAM ONLY
B. ALTA Loan Policy $ $
Proposed Insured:
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:
Shawn A. Petersburg and Paula K. Petersburg
4 . The land referred to in this commitment is described as follows:
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By LINDA BURCHI
AU horised Signature
Issued: April 27, 2000
Exton
LB/cv 1 -7
•
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No. : F928604
SCHEDULE A - Continued
LEGAL DESCRIPTION
Part of the Southeast Quarter of Section 9, Township 1 North, Range 68
West of the 6th P.M. , County of Weld, State of Colorado, described as
follows:
Beginning 380 feet West of the South Quarter-Quarter Corner, North 300
feet; East 165 feet; North 1020 feet to the North line of the South Half
of the Southeast Quarter, West to the North and South centerline of
Section 9, South 1, 334 .8 feet to the Southwest Corner of the Southeast
Quarter, East to the Point of Beginning.
Page 2
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No. : F928604
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 (CR8 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 AUTHORISED 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.B. 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.
NOTE: This commitment is furnished to provide local, city or
county agencies information relative to the current
record status of subject property. Said commitment
contemplates no concurrent transactions.
Page 3
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No. : F928604
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
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No. : F928604
SCHEDULE B - Continued
EXCEPTIONS
7. Right of way for County Road 30 feet wide on either 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 by the Union Pacific Railroad Company, its successors
and assigns in Deed recorded June 4, 1902 in Book 201 at Page 3 .
(1) All coal, and other minerals, within or underlying said lands;
(2) The exclusive right to prospect in or upon said land for coal
and other minerals therein or which may be supposed to be
therein and to mine for and remove from said land, all coal
and other minerals which may be found thereon by anyone;
(3) The right of ingress and regress upon said land to prospect
for, mine and remove any and all such coal and other
minerals and the right to use so much of said land as
may be convenient or necessary for the right of way to
and from such prospect places or mines, and for the
covenient and proper operation of such prospect places,
mines, and for roads and approaches thereto or for
removal therefrom of coal, minerals, machinery, or
other material;
(4) The right of said Union Pacific Railroad Company to
maintain and operate its railroad in its present form
of construction, and to make any change in the form
of construction or method of operation of said
railroad;
and any interests therein, assignments or conveyances thereof.
9. Right of Way for Canal known as the Community Ditch conveyed to
The Community Consolidated Canal and Reservoir Company by Deed
recorded July 29, 1908 in Book 283 at Page 140 described as
follows: In Section 9, Township 1 North, Range 68 West; beginning
at a point 32 feet more or less East of South Quarter Corner of
Section 9; thence North 10 degrees 51' East 340 feet; North 15
degrees 42' East 1023 feet; North 22 degrees 57' East 301 feet;
North 21 degrees 24' West 673 feet; North 8 degrees 02' West 332
feet; North 5 degrees 57' East 97 feet more or less to a point 124
feet more or less East of the Northwest Corner of the Southeast
Quarter of Section 9, Township 1 North, Range 68 West.
Page 5
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No. : F928604
SCHEDULE B - Continued
EXCEPTIONS
10. Terms, conditions and provisions of Royalty Agreement with surface
owners and owner of Mortgage Note, between William H. Wilkes and
Mary C. Wilkes, parties of the first part; Michael M. Klinge,
party of the second part and Leo Dale Bailey and Zella Bailey,
parties of the third part and Union Pacific Railroad Company,
party of the fourth part recorded April 11, 1932 in Book 930 at
Page 485 as Reception No. 642632 .
11. Right-of-Way Easement for underground communication line purposes
as granted to the Mountain States Telephone and Telegraph Company
by instrument recorded April 14, 1969 in Book 608 as Reception No.
1529961, said Right-of-Way Easement not being specifically
defined.
12 . The following notices have been recorded with the Clerk and
Recorder of Weld County pursuant to CRS 9-1.5-103 (1) . These
instruments do not define the exact location of the underground
facilities and may or may not affect the subject property:
NOTICES BOOK RECEPTION NO.
(A) United Power, Inc. , Formerly 1288 2239296
United Rural Electric Association, Inc.
13 . Deed of Trust from Shawn A. Petersburg and Paula K. Petersburg to
the Public Trustee of the County of Weld for the use of Vectra
Bank Colorado, N.A. to secure $99,000.00 dated April 19, 1999,
recorded April 29, 1999 as Reception No. 2690232 .
14 . Deed of Trust from Shawn A. Petersburg and Paula K. Petersburg to
the Public Trustee of the County of Weld for the use of Vectra
Bank Colorado, N.A. to secure $100, 000. 00 dated April 5, 2000,
recorded April 18, 2000 as Reception No. 2762321.
The Owner's Policy of title insurance committed for in this
Commitment, if any, shall contain, in addition to the items set forth
in Schedule B, the following items:
(1) The Deed of Trust, if any, required under Schedule A.
(2) Unpatented mining claims; reservations or exceptions in
patents or in Acts authorizing the issuance thereof.
(3) Any and all unpaid taxes, assessments and unredeemed tax
sales.
Page 6
ISSUED BY FOR LAND TITLE INSURANCE COMPANY COMIvIFMENT FOR TITLE INSURANCE
Commonwealth
A LANDAMERICA COMPANI
Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con-
sideration, 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 nr 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,COMMONWEALTH LAND 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 countersigned by an Authorized Officer or Agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
wo tltlp .
� By
aang,, % , s mac' .
Attest: ti a
Secretary o� President
3yo
w 03.�xa'
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
shah 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
Arnerican Land Title Association Commitment- 1966
Cover Page
Form 1004-8 .,r•,,..n.,A I
COMMONWEALTH LAND TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment No. : F928603
1. Effective Date: April 22, 2000, at 8:00 a.m.
2. Policy or policies to be issued: Amount Premium
A. ALTA Owner's Policy $N/A $200. 00
Proposed Insured:
EXAM ONLY
B. ALTA Loan Policy $ $
Proposed Insured:
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:
Ricky D. Lauridsen
4. The land referred to in this commitment is described as follows:
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By LINDA BURCW
Aut orised Signature
Issued: April 27, 2000
LB/cv
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No. : F928603
SCHEDULE A - Continued
LEGAL DESCRIPTION
All of the Southeast Quarter of Section 9, Township 1 North, Range 68
West, South of UPRR Right of Way, Except parcel of 3 acres, Book 908,
Page 208, and Except parcel 40 acres, more or less, Book 1469, Page 432;
also Except beginning 380 feet West of South Quarter Quarter Corner,
North 300 feet, East 165 feet, North, 1,020 feet to North line of South
half Southeast Quarter, West to North and South Center Line, Section 9,
South 1,334.8 feet to Southwest Corner Southeast Quarter, East to
beginning. County of Weld, State of Colorado.
Page 2
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No. : F928603
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.B. 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.
NOTE: This Commitment is furnished to provide local, city or
county agencies information relative to the current
record status of subject property. Said Commitment
contemplates no concurrent transactions.
Page 3
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No. : F928603
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
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No. : F928603
SCHEDULE B - Continued
EXCEPTIONS
7 . Right of way for County Road 30 feet wide on either 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 by the Union Pacific Railroad Company, its successors
and assigns in Deed recorded June 4, 1902 in Book 201 at Page 3 .
(1) All coal, and other minerals, within or underlying said lands;
(2) The exclusive right to prospect in or upon said land for coal
and other minerals therein or which may be supposed to be
therein and to mine for and remove from said land, all coal
and other minerals which may be found thereon by anyone;
(3) The right of ingress and regress upon said land to prospect
for, mine and remove any and all such coal and other
minerals and the right to use so much of said land as
may be convenient or necessary for the right of way to
and from such prospect places or mines, and for the
covenient and proper operation of such prospect places,
mines, and for roads and approaches thereto or for
removal therefrom of coal, minerals, machinery, or
other material;
(4) The right of said Union Pacific Railroad Company to
maintain and operate its railroad in its present form
of construction, and to make any change in the form
of construction or method of operation of said
railroad;
and any interests therein, assignments or conveyances thereof.
9. Right of Way for Canal known as the Community Ditch conveyed to
The Community Consolidated Canal and Reservoir Company by Deed
recorded July 29, 1908 in Book 283 at Page 140 described as
follows: In Section 9, Township 1 North, Range 68 West; beginning
at a point 32 feet more or less East of South Quarter Corner of
Section 9; thence North 10 degrees 51' East 340 feet; North 15
degrees 42' East 1023 feet; North 22 degrees 57' East 301 feet;
North 21 degrees 24' West 673 feet; North 8 degrees 02' West 332
feet; North 5 degrees 57' East 97 feet more or less to a point 124
feet more or less East of the Northwest Corner of the Southeast
Quarter of Section 9, Township 1 North, Range 68 West.
Page 5
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No. : P928603
SCHEDULE H - Continued
EXCEPTIONS
10. Terms, conditions and provisions of Royalty Agreement with surface
owners and owner of Mortgage Note, between William H. Wilkes and
Mary C. Wilkes, parties of the first part; Michael M. Klinge,
party of the second part and Leo Dale Bailey and Zella Bailey,
parties of the third part and Union Pacific Railroad Company,
party of the fourth part recorded April 11, 1932 in Book 930 at
Page 485 as Reception No. 642632 .
11. Right-of-Way Easement for underground communication line purposes
as granted to the Mountain States Telephone and Telegraph. Company
by instrument recorded April 14, 1969 in Book 608 as Reception No.
1529961, said Right-of-Way Easement not being specifically
defined.
12 . The following notices have been recorded with the Clerk and
Recorder of Weld County pursuant to CRS 9-1.5-103 (1) . These
instruments do not define the exact location of the underground
facilities and may or may not affect the subject property:
NOTICES BOOK RECEPTION NO.
(A) United Power, Inc. , Formerly 1288 2239296
United Rural Electric Association, Inc.
13 . Deed of Trust from Ricky D. Lauridsen to the Public Trustee of the
County of Weld for the use of Universal Lending Corporation to
secure $73,000.00 dated February 7t 1996, recorded February 15,
1996 as Reception No. 2476499; assigned to Glendale Federal Bank.
F.S.B. by instrument recorded October 22, 1996 as Reception No.
2516771.
14. Any interest that John T. Hansen has in subject property by virtue
of Deed recorded March 10, 1982 as Reception No. 1885174.
The Owner's Policy of title insurance committed for in this
Commitment, if any, shall contain, in addition to the items set forth
in Schedule B, the following items:
(1) The Deed of Trust, if any, required under Schedule A .
(2) Unpatented mining claims; reservations or exceptions in
patents or in Acts authorizing the issuance thereof.
(3) Any and all unpaid taxes, assessments and unredeemed tax
sales.
Page 6
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ISSUED BY FOR COMMONWEALTH LAND Ti. INSURANCE COMPANY COM. iMENT F TITLE INSl IRANCI.
Commonwealth
A LAFDAMERICA c:OMPAN
Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con-
sideration, 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,COMMONWEALTH LAND 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 countersigned by an Authorized Officer or Agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
p%otirip/� By. /1
Attest: ada
71. v L(
Secretary ;yo OO Pres,dent
s
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
Arnerican Land Title Association Commitment- 1966
Cover Page
Form 1004-8 ORIGINAI
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