HomeMy WebLinkAbout20260508 American Land Title Association ALTA Settlement Statement- Buyer
Adopted 05-01-2015
File No./Escrow No.: 2602483 Stewart Title Company
Dr#203
Officer/Escrow Officer:Joanne Stevens 2015 Clubhouse
Greeley, CO 80634
(970) 356-5573
Property Address: 21753 COUNTY ROAD 66
GREELEY, CO 80631 (WELD)
(R1269286 / 080322000039)
Buyer: WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC
Seller: HUNGENBERG PRODUCE, INC., A COLORADO CORPORATION
Settlement Date: 2/26/2026
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Description Buyer ''
Debit Credit
Deposits,Credits,Debits
Sale Price of Property $111,923.05
Damages $41,241.69
Improvements $396,835.26
Prorations
County Taxes 1/1/2026 to 2/26/2026 @$579.86/Year $88.96
Title Charges
Title-Lender's Title Insurance to Stewart Title Company
Title-Owner's Title Insurance to Stewart Title Company $899.00
Title-Settlement or closing fee to Stewart Title Company $600.00
Title-e Record Fee(Buyer/Borrower)to Stewart Title Company _ $21.00
Title-Tax Certificate Fee to Stewart Title Company _ $40.00
Title-Recording Service Fee to Stewart Title Company $35.00
Government Recording and Transfer Charges
Deed to Rocky Mountain Recording Services(R) $43.00 $43.00
Resolution to Rocky Mountain Recording Services(R) $43.00 $43.00
Statement of Auth to Rocky Mountain Recording Services(R) $43.00 $43.00
P.O.C. Debit Credit
Subtotals $0.00 $551,724.00 $88.96
Due From Buyer _ $551,635.04
Totals $0.00 $551,724.00 $551,724.00
Acknowledgement
We/I have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts
and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the
ALTA Settlement Statement.We/I authorize Stewart Title Company to cause the funds to be disbursed in
accordance with this statement.
BUYER(S)
Weld C nty,Colorado body corporate and politic
By:
Sco K.James,Chair
SETTL ENT RDINATOR
oanne ens ‘`(
File#2602483
Page 1 of 1 _Printed on 2/19/2026 at 3:16 PM
Co MM.WA,C0.t:onS o3/1 /24 2026-0508
STATEMENT OF AUTHORITY
(38-30-172, C.R.S.)
1. This Statement of Authority relates to an entity named Hungenberg Produce, Inc., a Colorado Corporation
And is executed on behalf of the entity pursuant to the provisions of
Section 38-30-172 C.R.S.
2. The type of entity is a Corporation
3. The mailing address for the entity is:
To /0/ .1)t c er~rc C-4-7 e c,6
1/6,
4. The entity is formed under the laws of Colorado
5. The name of the person(s)authorized to execute instruments conveying, encumbering, or otherwise
affecting title to real property on behalf of the entity is:
Paul D. Hungenberg, President and Michael B. Hungenberg,Vice President
6. The authority of the foregoing person(s)to bind the entity is El Not limited OR 0 Limited as follows:
7. Other matters concerning the manner in which the entity deals with interest in real property:
Dated this c: S day of/ (f rk9 r'j , 0 �v
Hungenberg Produce, Inc., a Col (ado Corporation
04.1 L.
Q v vJo.Presjp'
f
12--
Paul D. Hungenberg, r i nt /®�Mchael B. Hungenberg,Vice President
State of 6c v tr...i.
County of 6,(.0y..w
The foregoing instrument was acknowledged before me this 2,)day of cam- --4--n 2026 by
Mic el B. H n e ,Vice President of Hungenberg Produce, Inc., a Colorado Corporation.
o Public: 5L = 4- G-.-c-„,T: -
My Commission Expires: kv 1 c6,l?_vx� �� 5EC?l1OYA SINGLETON
Notary Public-Stale of Georgia
fi Wayne County
State of Colorado 44)' my Commission Expires Oct b, 2026
County of Weld
The foregoing instrument was acknowledged before me this rtk,day ofd e it/Ak , 2026 by Paul
D. ungr berg, President of Hungenberg Produce, Inc., a Colorado Corporation, ()
No -1 Public/ ` 1 / LISA JOANNE STEVENS
My Com Iasi n Ex - . / 10`1 i1/4i 7 NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954016931
'MY COMMISSION EXPIRES OCTOBER 24,2027
File No.: 2602483 Page 1 of 1
•
Statement of Authority Seller Full CO
This form is the property of the Colorado Real Estate Commission. The printed portions of this form, except differentiated additions,have been
approved and promulgated by the Commission for public use.All users are prohibited from modifying this form except as permitted by the Rules
Regarding Real Estate Brokers, 4 CCR 725-1-7.2.
CL8-Closing Instructions
Adoption Date:October 7,2025
Mandatory Use Date:January 1,2026
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
OTHER COUNSEL BEFORE SIGNING.
CLOSING INSTRUCTIONS
Date: February 26,2026
1. PARTIES, PROPERTY. Hungenberg Produce, Inc., a Colorado Corporation, (Seller), and Weld County, Colorado, a body
corporate and politic, (Buyer), engage Stewart Title Company, (Closing Company), who agrees to provide closing and settlement
services in connection with the closing of the transaction for the sale and purchase of the Property known as No. 21753 County Road
66, Greeley, CO 80631 and more fully described in the contract, dated February 4, 2026, including any counterproposals and
amendments (Contract). All terms of the Contract are incorporated herein by reference. In the event of any conflict between these
Closing Instructions and the Contract, these Closing Instructions control, subject to subsequent amendments to the Contract or these
Closing Instructions. The Buyer's lender may enter into separate closing instructions with the Closing Company regarding the closing
of the Buyer's loan.
2. TITLE COMMITMENT, EXCEPTIONS AND POLICY. Closing Company ❑ Agrees ❑ Does Not agree that:
upon completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitment; and it will issue a
Title Insurance Policy provided that all requirements have been fulfilled. Closing Company ❑ Agrees ❑ Does Not agree to
furnish copies of Exceptions.
3. INFORMATION, CLOSING,RECORDING. Closing Company is authorized to obtain any information necessary for the
closing. Closing Company agrees to deliver and record all documents required or customarily recorded and disburse all funds
pursuant to the Contract that are necessary to carry out the terms and conditions of the Contract.
4. PREPARATION OF DOCUMENTS. The Closing Company will prepare the necessary documents to carry out the terms and
conditions of the Contract to include:
4.1. Deed. If the deed required in the Contract is a special warranty deed, general warranty deed,bargain and sale deed
(excluding a personal representative's or trustee's deed) or a quit claim deed, the deed will be prepared in accordance with the
Contract by the Closing Company. However, if the Contract requires a different form of deed(e.g.: personal representative's deed or
trustee's deed) or requires that the special warranty deed or general warranty deed list exceptions other than the"statutory exceptions"
as defined in §38-30-113(5)(a), C.R.S., then the Buyer or Seller must provide the deed or written instructions for preparation of the
deed to the Closing Company for closing. For any Buyer or Seller provided deed or written instructions for preparation of the deed
that requires a list of exceptions other than the"statutory exceptions," the Buyer and Seller will hold the Closing Company harmless
for any causes of action arising out of the use of such deed. The parties acknowledge that the real estate broker working with either
the Buyer or Seller is not responsible for reviewing or approving any deed not prepared by the real estate broker.
4.2. Bill of Sale. If the transaction includes the sale of personal property(i.e. within the Contract or a Personal Property
Agreement) from the Seller to the Buyer, Seller and Buyer authorize Closing Company to prepare the bill of sale conveying the
personal property from the Seller to the Buyer as their scrivener. The Buyer and Seller understand that the bill of sale is a legal
document,and it is recommended that it be reviewed and approved by their respective attorneys.
4.3. Closing Statement. Closing Company will prepare and deliver accurate, complete and detailed closing statements
to Buyer, Seller and the real estate brokers working with Buyer and Seller. Closing Statements will be prepared in accordance with
the Contract and written instructions from the Buyer, Seller, lender or real estate brokers so long as such written instructions are not
contrary to the Contract. If the written instructions are contrary to the Contract, the Buyer and Seller must execute an Agreement to
Amend/Extend Contract.
5. CLOSING FEE. Closing Company will receive a fee of$600.00 for providing closing and settlement services(Closing Fee).
6. RELEASE,DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior
to receipt and disbursement of Good Funds,except as provided in§§ 10, 11 and 12.
7. DISBURSER. Closing Company must disburse all funds, including real estate commissions, except those funds as may be
separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that
no one other than the disburser can assure that payoff of loans and other disbursements will actually be made.
8. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of closing as indicated: ❑ Cashier's Check, at
Seller's expense ❑ Funds Electronically Transferred (wire transfer) to an account specified by Seller, at Seller's expense
❑ Closing Company's trust account check.
9. WIRE AND OTHER FRAUDS. Caution: Wire and other frauds are a significant risk in real estate transactions. Anytime
Buyer or Seller is supplying confidential information, such as social security numbers and bank account numbers, or transferring or
receiving funds,Buyer and Seller should provide the information in person or in another secure manner. Wire instructions should only
be sent by the Closing Company to the Buyer or Seller via encrypted e-mails or encrypted web portals that require end-user
authentication (i.e., password protected). If encrypted e-mails or encrypted web portals are not available, wire instructions should be
delivered by hand, telephone,mail,or overnight courier.Buyers and Sellers should never reply to an e-mail or call a telephone number
included in an e-mail regarding wire instructions or trust changes to wiring instructions received via email without verbal confirmation
from a trusted source. To protect against fraud, money should never be wired based on email instructions alone, and wire transfer
details and payment instructions should always be verified in person or by telephone using a trusted and independently verified
contact number.
Financial Crimes Enforcement Network (FinCEN) Anti-Money Laundering Notice for Residential Real Estate Transfers:
FinCEN is an agency of the US Treasury Department and the primary enforcement agency for combating money laundering pursuant
CL8 CLOSING INSTRUCTIONS Page 1 of 3
to the Bank Secrecy Act. Parties agree to cooperate with the Closing Company to provide all requested documents and information to
meet the Closing Company's requirements for FinCEN reporting.Parties understand that failure to provide documents and information
may result in a delay or failure to close.
10. FAILURE OF CLOSING. If closing or disbursement does not occur on or before Closing Date as set forth in the Contract,
Closing Company, except as otherwise provided herein, is authorized and agrees to return all documents, monies and things of value
to the depositing party,upon which Closing Company will be relieved from any further duty, responsibility or liability in connection
with these Closing Instructions. In addition, any promissory note,deed of trust or other evidence of indebtedness signed by Buyer will
be voided by Closing Company,with the originals returned to Buyer and a copy to Buyer's lender.
11. RETURN OF EARNEST MONEY. Except as otherwise provided in §12 (Earnest Money Dispute), if the Earnest Money is
being held by Closing Company and has not already been returned following receipt of a Notice to Terminate or other written notice
of termination, Closing Company must release the Earnest Money as directed by written mutual instructions from the Buyer and the
Seller. Such release of Earnest Money must be made within five days of Closing Company's receipt of the written mutual instructions
signed by both Buyer and Seller,provided the Earnest Money check has cleared.
12. EARNEST MONEY DISPUTE. In the event of any controversy regarding Earnest Money that is being held by Closing
Company (notwithstanding any termination of the Contract), Closing Company is not required to take any action. In no event shall
Closing Company be required to return Earnest Money deposits to Buyer until funds deposited are verified, credited to the Closing
Company escrow or trust account, and available for immediate withdrawal as a matter of right. Closing Company, at its option and
sole subjective discretion, may: (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of
competent jurisdiction and recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that
unless Closing Company receives a copy of a Summons and Complaint or Claim (between Buyer and Seller) containing the case
number of the lawsuit (Lawsuit) within one hundred twenty days of Closing Company's notice to the parties, Closing Company is
authorized to return the Earnest Money to Buyer. In the event Closing Company does receive a copy of the Lawsuit and has not
interpled the monies at the time of any Order,Closing Company must disburse the Earnest Money pursuant to the Order of the Court.
13. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and
signed by Buyer, Seller and Closing Company.
14. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after closing, Closing Company will submit any
required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of
Natural Resources (Division), with as much information as is available. Closing Company is not liable for delaying closing to ensure
Buyer completes any required form.
15. FIRPTA AND COLORADO WITHHOLDING.
15.1. FIRPTA. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested
documents to determine Seller's foreign person status. If withholding is required, Seller authorizes Closing Company to withhold any
required amount from Seller's proceeds and remit it to the Internal Revenue Service. If withholding from Seller is not required,
Closing Company agrees to provide Buyer an executed Affidavit compliant with FIRPTA attesting to that.
15.2. Colorado Withholding. Seller agrees to cooperate with Closing Company to provide any reasonably requested
documents to determine Seller's status. If withholding is required under Colorado law, Seller authorizes Closing Company to withhold
any required amount from Seller's proceeds and remit it to the Colorado Department of Revenue.
16. ADDITIONAL PROVISIONS. The following additional provisions have not been approved by the Colorado Real
Estate Commission:
17. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy,
such copies taken together are deemed to be a full and complete contract between the parties.
18. BROKER'S COPIES. Closing Company must provide, to each real estate broker in this transaction, copies of all signed
documents that such real estate brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission.
Closing Company is authorized by both Buyer and Seller to deliver their respective Closing Statement to one or both real estate
broker(s)involved in the transaction.
19. NOTICE,DELIVERY,AND CHOICE OF LAW.
19.1. Physical Delivery and Notice. Any document, or notice to another party must be in writing, except as provided in
§19.2 and§19.3 and is effective when physically received by such party.
19.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to another
party at the electronic address of the recipient by facsimile, email or[ 1.
19.3. Electronic Delivery. Electronic Delivery of documents may be delivered by: (1) email at the email address of the
recipient, (2) a link or access to a website or server,provided the recipient receives the information necessary to access the documents
or(3) facsimile at the facsimile number(Fax No.)of the recipient.
19.4. Choice of Law. These Closing Instructions and all disputes arising hereunder are governed by and construed in
accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for
real property located in Colorado.
BUYER(S)ACKNOWLEDGE RECEIPT OF THESE CLOSING INSTRUCTIONS.
Weld C unty, Colorado, a body corporate and politic
By:
Scott K. James, Chair
CL8 CLOSING INSTRUCTIONS Page 2 of 3
SELLER(S)ACKNOWLEDGE RECEIPT OF THESE CLOSING INSTRUCTIONS.
Hungenberg Produce, Inc., a Colorado Corporation
bC o .f,
aul D. Hungenberg, President
/� ric Frew d"
b . -G�• GU
Michael B.Hung nberg, ice Pr sident
Date: February 26,2026
CLOSING COMPANY ACKNOWLEDGES RECEIPT OF THESE CLOSING INSTRUCTIONS.
Closing Company's Name: Stew rt T' Company
VIM ciao 66
o 'zed Si r 6i Title Date
Address: 2015 Clubhouse Dr#20 , reeley,CO 80634
Phone No.: (970)356-5573
Fax No.:
I Email Address:
CL8 CLOSING INSTRUCTIONS Page 3 of 3
Stewart Title Company
Stewart 2015 Clubhouse Dr#203
Greeley,CO 80634
.TITLE• — _ •
(970)356-5573 main
Joanne.Stevens@stewart.com
REAL ESTATE TAX, WATER, SEWER, HOA, PROPANE & SEPTIC AGREEMENT
Date: , 2026 File No.: 2602483
Property: 21753 County Road 66, Greeley, CO 80631
I. TAXES: The basis of the tax proration is as follows:
❑ The previous year's taxes in the amount of sr 1
❑ An estimate of taxes for the current year: $f 1
❑ Local Assessed Value: $f 1 ❑ School Assessed value: $f 1
❑ Local Mill Levy f 1 ❑ School Mill Levy f
❑ Total assessed value: sr 1
❑ Mill Levy f 1
❑ Total Estimated Taxes: $f 1
® Other: adjusted tax bill ( removed imps) 604.83 divided by square feet being assessed, 43,560.00 =
0.013885 per SF x the square feet being transferred, 28,993.00 =402.56 as tax proration basis
❑ Tax Exemption Applies
SUCH PRORATION SHALL BE CONSIDERED A FINAL SETTLEMENT UNLESS OTHERWISE AGREED IN WRITING
BY BUYER AND SELLER. IF THE PRORATION IS NOT FINAL SETTLEMENT, THE BUYER(S)AND SELLER(S)
HEREBY AGREE THAT THEY ASSUME FULL RESPONSIBILITY FOR PURSUING AND EFFECTING THE
ADJUSTMENT, AND STEWART TITLE COMPANY SHALL HAVE NO RESPONSIBILITY IN REGARD THERETO.
The above figures were obtained by telephone from the County Treasurer's and/or Assessor's office. Stewart Title
Company is released from any and all liability in the event the County misquoted the assessment and/or mill levy figures.
Any further adjustments shall be made solely between the Buyer(s) and Seller(s), if necessary, and will not make or be
responsible for this re-adjustment or any liability connection therewith.
Stewart Title Company assumes no responsibility for pursuing and effectuating any readjustments and is released from
any and all responsibility for said readjustments.
Stewart Title Company assumes no responsibility for the adjustment of special assessments, taxes, or for the exception of
said items in the conveyance, unless they are shown on the County Treasurer's Certificate of Taxes Due. Seller(s)
hereby warrants that special assessments affecting subject property, including but not limited to Homeowner's Association
dues or assessments, are paid in full, except as reflected on the statement of settlement.
II. WATER I SEWER:
PER INFORMATION FROM: N/A—NO WATER TRANSFER
❑ No Proration
❑ Flat Rate items for Sewer/Wastewater/Storm Water in the amount of$f 1 have been prorated between buyer and
seller for the billing period of: f 1
❑ Escrow Agent has withheld $f 1 from the seller's proceeds to pay the final billing for any water and/or sewer
charges. Funds withheld in excess of the amount due on the final statement shall be returned to the seller. In the event
the final bill exceeds the escrowed amount, any additional charges are the responsibility of the seller and/or buyer.
❑ Escrow Agent has withheld $f 1 from the seller's proceeds to pay the final billing for any water and/or sewer
charges to be sent directly to f 1 Water Company for escrow to be refunded directly from them.
❑ Escrow Agent has not prorated for water and sewer. Any adjustments required will be made between buyer(s) and
seller(s) and are not a part of the closing.
-0 Water/Sewer included in HOA.
III. HOMEOWNER'S/CONDOMINIUM ASSOCIATION:
The property is subject to ONE Homeowner/Condominium Association.
® Not Applicable
❑ The homeowner's or condominium association has provided verbal or written information to the Escrow Agent, and
has indicated that for the current assessable period, the assessment ❑ has ❑ has not been paid. The assessment ❑
has ❑ has not been prorated between the buyer(s)and seller(s). If applicable, any working capital/transfer fees/
statement fees have also been collected per the HOA statement and purchase contract.
File No.: 2602483 Page 1 of 2
**By signing below, seller certifies that there are no notices of special assessment or HOA violations from any of the HOA
companies associated with this property to date other than those listed, If any, on the status letter(s)received by the HOA
company(s).
Both parties agree that any special assessments OR violations not listed on the status letter(s)will be handled outside of
this closing transaction by the parties and both sellers and purchasers agree to indemnify Stewart Title Company of any
loss due to non-disclosure of same.
IV, PROPANE:
G NIA
❑ Has been paid in the amount of$f 1, Prorated at$1 1 and f 1 gallons
V. SEPTIC
IZ NIA
G Seiler and Buyer agree to hold harmless and indemnify Stewart Title Company of any fines,fees,damages,attorney
fees and/or court costs as a result of failure to comply with the "On-site Waste Water Treatment System Transfer of Title
Inspections".
Weld C,'unty, Colorado,a body corporate and politic
By: /,
`co K.James, Chair
Hungenberg Produce, Inc., a Colorado Corpo
D. Hungenberg, P si en
byid���,%x-X-ex Ce Pr .P.dc-/
Michael B. Hungen erg,Vice President
File No.: 2602483 Page 2 of 2
Stewart Title Company
Compliance Agreement
•
Purchaser: Weld County, Colorado, a body corporate and politic
Seller: Hungenberg Produce, Inc., a Colorado Corporation
File No.: 2602483
Property Address: 21753 County Road 66, Greeley, CO 80631
Legal: A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A
PORTION OF PARCEL-B OF RECORDED EXEMPTION NO. 0803-22-4-RE 116 (RE-116),
FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO.
1632049, DATED MARCH 15, 1974 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST ONE-SIXTEENTH CORNER OF SECTION 22, TOWNSHIP 6
NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING
OF THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SOUTHEAST ONE-
QUARTER AS BEARING SOUTH 89°29'43" EAST, A DISTANCE OF 1329.85 FEET, TO THE
SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO
DESCRIBED AS SHOWN;
THENCE ALONG THE WESTERLY LINE OF PARCEL-B OF SAID RE-116, NORTH 0°50'57"
WEST, A DISTANCE OF 20.01 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY
LINE OF COUNTY ROAD 66 DESCRIBED IN BOARD OF COUNTY COMMISSIONER
RECORDS IN BOOK 2, PAGE 77, DATED APRIL 07, 1876 AND BEING THE TRUE POINT OF
BEGINNING.
THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND CONTINUING ALONG SAID
WESTERLY LINE OF PARCEL-B. NORTH 00°50'57"WEST, A DISTANCE OF 200.00 FEET, TO
A POINT 220.00 FEET NORTH OF SAID SOUTH SECTION LINE;
THENCE DEPARTING SAID WESTERLY LINE AND ALONG A LINE 220.00 FEET FROM AND
PARALLEL WITH SAID SOUTH SECTION LINE, SOUTH 89°29'43" EAST, A DISTANCE OF
145.00 FEET, TO A POINT ON THE EASTERLY LINE OF SAID PARCEL-B;
THENCE ALONG SAID EASTERLY LINE, SOUTH 00°50'57" EAST, A DISTANCE OF 200.00
FEET, TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE:
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 89°29'43" WEST, A
DISTANCE Of 145.00 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, PLS 38213,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
It is expressly agreed and understood between the undersigned parties that Stewart Title Company is acting as Closing
Agent in the above referenced transaction and shall in no way be liable as to the accuracy or completeness of any Payoff
Statement and/or Assumption Statement that has been provided to said Company for the purposes of closing this
transaction.
I/we understand that Stewart Title Company has no influence on the payoff amounts set forth, as these amounts are
communicated to Stewart Title Company by the creditor(s). I/we understand and acknowledge that Stewart Title Company
will receive a written payoff from the creditor(s)that may be greater than the payoff received by Stewart Title Company as
of the date of closing. I/we understand that if the updated written payoff is greater than the initial payoff received by
Stewart Title Company as of the date of closing, my/our net proceeds received from this loan (if any) may decrease
depending on the updated written payoff. I/we understand and acknowledge that I/we may be required to provide
additional payment outside of closing and made payable to Stewart Title Company in the event that the net proceeds
received from this loan will not compensate for the increase in the amount due on the updated written payoff.
I/we understand and acknowledge that I/we may be held liable for the failure to provide any additional payment to Stewart
Title Company in the event that the net proceeds received from this loan will not compensate for any increase in the
amount due on the updated written payoff. Given the information as set forth in this Compliance Agreement, I/we choose
to close this loan today and will not hold Stewart Title Company responsible for any changes in the payoff amounts or any
additional interest accrued prior to disbursements.
Borrower affirms that he/she/they have not applied or received any forbearance or any deferment of mortgage payments
due to any government program that was created in response to the current market conditions/climate. Borrower
understands that Stewart Title Company is relying on this information and attestation in conjunction with any payoff
statement received by lender. Should the information prove to be inaccurate and a deferment/forbearance was given and
not accounted for, Borrower understands that it is solely his/her/her responsibility to reimburse or provide said deferred
funds to Stewart Title Company.
Stewart Title Company has acted in good faith in compiling the data and information as set forth on the applicable
Settlement Statement(s). The undersigned agree that any additional funds due and payable after closing will be
immediately paid by the responsible party(s).
File No.: 2602483 Page 1 of 2
The undersigned hereby authorizes(Escrow Branch Revenue)to release copies of closing documents (including but not
limited to the purchase and sale contract and amendments or addendums thereto, documents obtained in satisfaction of
title commitment requirements, real estate and loan closing documents)to lenders, mortgage brokers, real estate agents
and attorneys involved in the transaction.The Company is not authorized to release any documents that contain financial
information (e.g., credit report, loan application), or the Purchaser's taxpayer identification number to real estate agents.
The Company may retain copies of all closing documents signed by the Purchaser and all documents and/or information
collected from the Purchaser in connection with the transaction.
The undersigned further agree that in the event any of the documents required in this closing misstate or inaccurately
reflect the true and correct terms and provisions thereof, and said misstatement or inaccuracy is due to a unilateral
mistake on the part of Stewart Title Company mutual mistake on the part of the undersigned and Stewart Title
Company or clerical error, then in such event the undersigned shall upon request by Stewart Title Company and in
order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original
documents as Stewart Title Company may deem necessary to remedy said inaccuracy or mistake.The undersigned
further agrees that, in addition to any other filed fees,for any checks re-issued 6 months after the original Issue date or on
any amounts escheated to the State,the Title Company will assess a$25 check handling fee.Thls fee will be assessed at
the time of escheat or re-issue of the funds, as applicable.
IN WITNESS WHEREOF, the party(s)has/have executed this Agreement this o9.5--day of February, 2026.
Weld Co ty, Colorado,a body corporate and politic Hun Produce, Inc., a C r do Corpo lion
e '1-- y' / _
y'
Scott K. James, Chair
ul D. Hungenberg, es de
• by .,� /� (H`fSIA�
4 G' v iCc
Michael B. Hungenb rg, Vice President
Page 2 of 2
File No.: 2602483
SPECIAL WARRANTY DEED
THIS DEED, made this day of trz,/q/ , 20, 6,, between
HUNGENBERG PRODUCE, INC., a Colorado Corporation (referred to herein as
"Grantors" whether one or more), whose legal address is 31466 Weld County Road 39
1/2, Greeley, CO 80631 and the COUNTY OF WELD, a body corporate and politic of the
State of Colorado, by and through its Board of County Commissioners (referred to herein
as "Grantee"), whose legal address is 1150 "0" Street, Greeley, CO, 80632:
WITNESSETH, That Grantors,for and in consideration of the sum of Five Hundred
Fifty Thousand dollars ($550,000.00), and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold,
and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto
Grantee, and Grantee's heirs, successors, and assigns forever, all the real property,
together with all improvements, if any, situate, lying and being in the County of Weld,
State of Colorado, described as follows:
SEE EXHIBIT A, attached hereto and by this reference incorporated herein;
also known by street and number as: 21753 County Road 66;
EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances,
rights-of-way, easements, and utilities thereto existing or of record, and
RESERVING unto Grantor the mineral estate under said property, including oil,
gas, hydrocarbons and any and all water rights including non-tributary and not non-
tributary water currently attached to, upon, under or associated with said property, except
as required to sustain the integrity of the Public Highway.
TOGETHER WITH all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues, and profits thereof; and all the estate, right,title, interest, claim,
and demand whatsoever of Grantors, either in law or equity, of, in, and to the above
bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with
the appurtenances, unto Grantee, and Grantee's heirs, successors, and assigns forever.
Grantors, for Grantors and Grantors' heirs, successors, and assigns, do covenant and
agree that Grantors shall and will WARRANT AND FOREVER DEFEND the above
bargained premises in the quiet and peaceable possession of Grantee, and Grantee's
heirs, successors, and assigns, against all and every person or persons claiming the
whole or any part thereof, by, through or under Grantors.
IN WITNESS WHEREOF, Grantors have executed this deed on the date set forth
above.
•
- GN ENB RG Pr DU ' IC., a Colorado Corporation
34 Of - . ,...., A
.4 -aul D. HunoK :O., ..ident l Michael B. Hungenberg, Vice President
STATE OF 6 --.-rA LA. )
) ss.
COUNTY OF 6-L\-3, --- )
_.0—.
The foregoing instrument was acknowledged before me this 2-5 day of
2026, by Michael B. Hungenberg,Vice president of HUNGENBERG
PRODUCE, INC., a Colorado Corporation .
Witness my hand and official seal.
My commission expires: to b L ( ..1-91-4
1 Pilbk
N2ta rw blc
,.: .:72,...--,:::-....7.,,...-...,..nt„-ez.,,_;_ •:,.•.:_-..0
STATE OF COLORADO ) ; SI.O.UOYA SINGLETON
401.i::1 VIII)liC-State of Georgia
) SS. Wayne County
COUNTY OF WELD ) ,...1 i.y CIIPI:111FA011 Expires Oct 6,2026
A The foregoing instrument was acknowledged before me this olfrit‘t , day of
Litintqul.. , 2026, by Paul D. Hungenberg, President of HUNGENBERG
PRODUCEQNC., a Colorado Corporation .
Witness my hand and official seal.
My commission expires: /0/6 Lliol I .
( '
USA JOANNE STEVENS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954016931
mY COMMISSION EXPIRES OCTOBER 24,2027
I
1
I
I
I
EXHIBIT "A"
LEGAL DESCRIPTION
File No.: 2602483
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-
QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF
PARCEL-B OF RECORDED EXEMPTION NO. 0803-22-4-RE 116 (RE-116), FILED IN THE WELD
COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1632049, DATED MARCH 15,
1974 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE-SIXTEENTH CORNER OF SECTION 22, TOWNSHIP 6 NORTH,
RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH
LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SOUTHEAST ONE-QUARTER AS BEARING
SOUTH 89°29'43" EAST, A DISTANCE OF 1329.85 FEET, TO THE SOUTHEAST CORNER OF
SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE WESTERLY LINE OF PARCEL-B OF SAID RE-116, NORTH 0°50'57" WEST, A
DISTANCE OF 20.01 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY
ROAD 66 DESCRIBED IN BOARD OF COUNTY COMMISSIONER RECORDS IN BOOK 2, PAGE 77,
DATED APRIL 07, 1876•AND BEING THE TRUE POINT OF BEGINNING.
THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND CONTINUING ALONG SAID WESTERLY LINE
OF PARCEL-B. NORTH 00°50'57"WEST, A DISTANCE OF 200.00 FEET, TO A POINT 220.00 FEET
NORTH OF SAID SOUTH SECTION.LINE;
THENCE DEPARTING SAID WESTERLY LINE AND ALONG A LINE 220.00 FEET FROM AND
PARALLEL WITH SAID SOUTH SECTION LINE, SOUTH 89°29'43" EAST, A DISTANCE OF 145.00
FEET, TO A POINT ON THE EASTERLY LINE OF SAID PARCEL-B;
. THENCE ALONG SAID EASTERLY LINE, SOUTH 00°50'57" EAST, A DISTANCE OF 200.00 FEET, TO
A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE:
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 89°29'43" WEST, A DISTANCE
Of 145.00 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, PLS 38213, SURVEYOR IN
AND FOR WELD COUNTY, COLORADO.
File No.: 2602483 Page 1 of 1
r
FINAL LIEN AFFIDAVIT AND AGREEMENT
Date: FebruaryClp , 2026
Property: Real property and improvements located in the County of Weld, State of CO, and more particularly described
as follows:
PT SE4SE4 22-6-65 PARCEL B REC EXEMPT RE-116 (.998A)
21753 County Road 66, Greeley, CO 80631
File No.: 2602483
PURCHASER'S AFFIDAVIT:
The undersigned, Purchaser(s) of the herein described property, to induce Stewart Title Guaranty Company to issue its
ALTA LOAN or ALTA OWNERS Policies of Title Insurance, without including therein an exception as to mechanics' liens
or other statutory liens, in connection with the property described in said commitment, or any rights thereto, where no
notice of such liens or rights appear of record, do hereby make the following representations to Stewart Title Guaranty
Company with full knowledge and intent that said company shall rely thereon:
1. That the improvements on the real estate herein described have been fully completed and have been accepted by the
undersigned as completed and as satisfactory.
2. The full purchase price has been paid by said purchaser(s)to said Owner/Seller.
3. The said premises (were) (will be) occupied by said purchaser(s) on or about
4. That the undersigned are not aware of any bills for services, labor or materials used in connection with the
construction of the improvements located on said property which have not been paid.
5. That the undersigned have not caused any materials to be furnished or work to be done on the improvements located
on said property or said property itself, which could give rise to any mechanics' or other statutory liens, claims and/or liens
for such material or work, have not executed any security agreements or financing statements for materials, appliances,
fixtures or furnishings, placed upon the property herein described or installed in the improvements located on said
property.
6. In light of the foregoing facts, the undersigned, in connection of the issuance by Stewart Title Guaranty Company of a
policy of Title Insurance covering said property in the manner described by the undersigned as set out above, hereby
promise, covenant and agree to hold harmless, protect and indemnify Stewart Title Guaranty Company, the Mortgagee
and their successors in interest from and against those liabilities, losses, damage, expenses and charges, including but
not limited to attorney's fees and expenses of litigation by reason of any mechanics' or other statutory liens claims and/or
liens for services, labor or materials used in connection with the construction of improvements located on said property
insofar as they pertain to Paragraphs 1 to 5 above.
Weld unty, Color do, a body corporate and politic
By: .
Scott K. James, Chair
State of Colorado
County of Weld
Subscribed and sworn to before me on thisy9tf day of February, 2026 by Scott K. James as Chair of Weld County,
Color do body corporate and politic.
ieee LIISA JOANNE STEVENS
-tar Pu ic: Jon en OTARY PUBLIC
My Commissl xpi -s: fOid q/47 STATE®F COLOR ADO
NOTARY ID '19954016931
MY COMMISSION EXPIRES OCTOBER 24,2027
File No.:2602483 Page 1 of 1
Final Lien Affidavit and Agreement CO
INDEMNITY AND AFFIDAVIT
AS TO DEBTS, LIENS, AND POSSESSION
To be filled in personally by Seller in his/her own handwriting.
File No.:2602483
Real Property and improvements located in the County of Weld,State of Colorado,and more particularly described as follows:
PT SE4SE4 22-6-65 PARCEL B REC EXEMPT RE-116(.998A)
21753 County Road 66,Greeley,CO 80631
Before me,the undersigned authority on this day personally appeared
Hungenberg Produce,Inc.,a Colorado Corporation
Seller(s)*
personally known to me to be the person(s) whose name is subscribed hereto and upon his/her oath deposes and says that no
proceedings in bankruptcy or receivership have been instituted by or against him/her and that the marital status of Affiant has not
changed since the day of acquisition of said property and represents to the purchaser and/or Lender in this transaction that there are:
1. No unpaid debts for lighting and plumbing fixtures, water heaters, floor furnaces, heaters, air conditioners, built-in fireplace
screens, installed outdoor cooling equipment, swimming pool equipment, built-In cleaning equipment, built-in kitchen equipment,
satellite dish,radio or television antennae,garage door openers,carpeting,rugs,lawn sprinkling systems,venetian blinds,curtains and
rods,window shades,draperies and rods, valances, screens, shutters, awnings, mirrors, ceiling fans, attic fans, mail boxes, security
and fire alarm detection equipment, water softener,electric appliances, fences,street paving, or any personal property or fixtures that
are located on the subject property described above, and that no such items have been purchased on time payment contracts, and
there are no security interests on such property secured by financing statement,security agreement or otherwise except the following:
() I Creditor A pro imate Amount
(If NONE,write"NONE"on blank line)
2. No loans, unpaid Judgments, or liens (including Federal or State Liens or Judgment Liens) and no unpaid governmental or
association taxes,charges or assessments of any kind on such property except the following:
it)
v_q1 Creditor ad App�ro�cimate Amount
(If NONE,write"NONE"on blank line)
3. Alt labor and material used in the construction of improvements on the above described property have been paid for and there
are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby
declare that all sums of money due for the construction of imf ements have been fully paid and satisfied,except the following:
(If NONE,write"NONE"on blank line)
4. No leases,contracts to sell the land,or parties in possessiprooth� ffiant except as follows:
(If NONE,writes°NONE"on blank line)
If any deed of trust recorded against my property secures an open line of credit or a revolving line of credit, i/we affirm that I/we have
not drawn additional funds from the line of credit since the date of the Payoff Statement from my/our lender to Stewart Title Company.
1/we further agree and affirm that i/we will not make any further draws on the line of credit after the date of this affidavit. i/we further
affirm that I/we have not taken out any loans against our property other than those shown on the above referenced commitment
number.I/We further agree that said account will be closed.
Indemnity: I agree to pay on demand to the purchasers and/or lender and/or title companies (including Stewart Title Guaranty
Company)in this transaction,their successors and assigns,all amounts secured by any and all liens,claims or rights not show above,
together with all costs, loss and attomey's fees that said parties may incur in connection with such unmentioned liens, provided said
liens, claims, or rights either currently apply to such property, or a part thereof,or are subsequently established against said property
and are created by me,known by me, or have an inception or attachment date prior to the closing of this transaction and recording of
the deed and deed of trust.
I realize that the Purchaser and/or Lender and Title Companies in this transaction are relying on the representations contained herein in
purchasing same or lending money thereon and issuing title policies and would not purchase same or lend money or issue a title policy
thereon unless said representations were made. If Seller or Borrower is an entity,i have authority to sign on its behalf.
Hungenberg Produce, Inc., Colorado Co oration
4_ le411.ailrA
by:Ai ° "'
4r7 I D. Hungenberg, P es/t
p,eI kre'Sf
Michael B. Hunge ',erg,Vice President
File No: 2602483 Page 1 of 2
State of - 3```
County of t,l'J•..,
Subscribed and sworn to before me on this 7- day of -1)� '-'.--y , 2026 by Michael B. Hungenberg,Vice
;./ident of Hu genb roduce, Inc.,a Colorado Corporation.
17 Not ublic: ` '� 2=
My Commission Expires: 1^11OVA SINGLETON i
!platy public-State of Georgia
Wayne County
r,.oxntnission Expires Oct 6,2026
,
State of Colorado
County of Weld
l
Subscribed and sworn to before me on this-loT-day of()LW Cal , 2026 by Paul D. Hungenberg,
Presi•e at Hungenberg Produce, Inc., a Colorado Corporation.
Not., 13, blic: Jo;n e 4 an- I LISA JOANNE STE YENS
My Commle^ • xpire'. /0I6 kV NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954016931
MY COMMISSION EXPIRES OCTOBER 24,2027
Page 2 of 2
File No: 2602483
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of 6e-0Y9i�
County of (a l y�,
S� k (name and 5;�,� ��.��, f'U_,��,:Yy
On oz Zb before me, ?
title of officer), personally appeared L'I cl,,:o? , who proved
to me on the basis of satisfactory evidence to be the person(s) wh'Ose name(s) is/are
subscribed to the within instrument and acknowledged to me that she/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under_the laws of the State of Georgia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ✓ (Seal)
Print Name /741
5 N �C-" •�
$CQUOYA 51NGL[TON
ti:aary'tiLfic-State r
of Georgia �:
W.ayno County
{7 )' •onui;ls,iuri Expires Oct 6,
Page 1 of 1
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