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Home My WebLink About870348.tiff The following document entitled: "RESOLUTION -- RE: APPROVE CONTRACT TO PURCHASE REAL ESTATE FROM GRANT BROTHERS PARTNERSHIP AND AUTHORIZE CHAIRMAN TO SIGN"was originally recorded along with four other documents on July 7, 1987, at Book 1162, Reception Number 02106200, in the Office of the Weld County Clerk and Recorder. It is being re-recorded for the purpose of being recorded separately from the other four documents. 2505149 B-1560 P-620 08/08/96 02:512 PG 1 OF 3 REC DOC Weld County CO JA Suki Tsukaogto Clerk & Recorder 0.00 M:\W PFILES\DEEDS\RERECORD.B7B m H I- a. RESOLUTION O1 Ult.) RE: APPROVE CONTRACT TO PURCHASE REAL ESTATE FROM GRANT BROTHERS PARTNERSHIP AND AUTHORIZE CHAIRMAN TO SIGN 1 N L 1- • CD rn WHEREAS , the Board of County Commissioners of Weld County, N-3 Colorado, pursuant to Colorado statute and the Weld County Home a o0 Rule Charter , is vested with the authority of administering the z affairs of Weld County, Colorado, and m H O H Z WHEREAS , the Board has been presented with a Contract to z purchase real estate from Grant Brothers Partnership, and r to x xH WHEREAS , said Contract concerns a parcel of land described as a being located in the east one-half of Section 31 , Township 2 1/4O North , Range 67 West of the 6th P.M. , Weld County, Colorado, and O WHEREAS, the terms and conditions are as stated in the fir Contract, a copy of which is attached hereto and incorporated x o herein by reference, and 0 td r d WHEREAS , after study and review, the Board deems it advisable n• �' and in the best interest of the citizens of Weld County to approve said Contract. n o 0- NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract to purchase real estate from Grant Brothers Partnership for a total price of $33 , 787. 50 be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Contract. 2505149 B-1560 P-620 08/08/96 02:51P PG 2 OF 3 9 I 2 �Q^ le F "a:a� (,�,. c 1 ��, t�{,_'CI. 870348 PMw Page 2 a RE: CONTRACT - GRANT BROTHERS PARTNERSHIP I--' O OT N ',C The above and foregoing Resolution was , on mot .on duly made K 0 and seconded, adopted by the following vote on the 4th day of May, cm N A.D. , 1987 . z ;r zo �Y BOARD OF COUN COMMISSIONERS O1 ATTEST: ^ WELD CO TY OL ADO rri 0 Weld Cou" . r'and Recorder P , t? mo and Cleji ' air oYd• Go a airman � � l n ', ' , z f1`h EXCUSED C.W. Kirby, Pro-Tem r °�° D puty C. . y clerk 7 ?-- G if L�t a x APPROVED AS TO FORM: ene R. Brantner 'P tit y, J cque ' J h son o ( . u jyq County ttorney tG u Frank Yamaguchi x o No CI 0 O 0 - O a 0 0a 2505149 B-1560 P-620 08/08/96 02:51P PG 3 OF 3 870348 \�J� The following document entitled: "VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE" was originally recorded along with four other documents oil July 7, 1987, at Book 1162, Reception Number 02106200, in the Office of the Weld County Clerk and Recorder. It is being re-recorded for the purpose of being recorded separately from the c ther four documents. 2505150 B-1560 P-621 08/08/96 02:51P PG 1 OF 4 REC D0C Weld County CO JA Suki Taukamoto Clerk & Recorder 0.C0 M:\W PF ILE S\DEEDS\RERECORD.B7B The printed portions of this form approved by the Colorado Real Estate Commission(SC 27-&81) TNIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND tii I" CONTRACT TO BUY AND SELL REAL ESTATE I-e I-, ,p r (Remedies Include Specific Performance) t rn N N _ April 30 ,ie87 I. The undersigned agent hereby acknowledges having received Weld Count Board of Commissioners from y TI t�7 n the sum or$_14_OOQ,9.0._,in the for m or__Ynre ,tobeheldby Grant Brothers Partnership 4gxlmc>axAyxgFx2t9cscxxx)erz;kxx4TRlSfR'1t5t earnest money and part payment for the following (ascribed real estate in the z Z O county of Weld ,Colorado,to wit: N CI 0 O See attached Appendix A t9 to o of H � H i z \ together with all easements and rights of way appurtenant thereto,and all improvements thereon and all fixtures of a permanent nature currently on n m the premises except as hereinafter provided,in their present condition,ordinary wear and tear excepted,and hereinafter called the Property. t 2. The undersigned person(s) Weld County Board of Cnmmi ssjonerp (as joint tenants/tenants in common),hereinafter called Purchaser,hereby agrees to buy the Property,and the undersigned owner(s),hereinafter ^f, called Seller,hereby agrees to sell the Property upon the terms and conditions stated herein. aP 33,787.50 payable as known:$ 1 ,.000.00 --- hereby receipted for; 3. The purchase price shall be U.S.; P Y 't1tO Lxj And the balance of $32,787.50 to be paid at closing in cash or 0 certified funds. C7 th -cc ryy o • X tri d ns• 00 0 n O a. 4. Price to include: None and the following water rights: None • • 5. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a)apply for such loan,(b)execute all documents and furnish all information and documents required by the lender,and(c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before N/A ,19_,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. 6. If a note and trust deed or mortgage is to he assumed,Purchaser agrees to apply fore loan assumption if required and agrees to pay(1)a loan , transfer fee not to exceed$ N/A and(2)an interest rate not to exceed N/A at,per annum.If the loan to be assumed has provisions for a shared equity or variable interest rates or variable payments, this contract is conditioned upon the Purchaser reviewing and consenting to such provisions.If the lender's consent to a loan assumption in required,this contract i conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. this contract shall not be assignable by Purchaser 7. If a note is to be made payable to Seller as partial or full payment of the purchase price, without written consent of Seller. 8. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by N/A 9. iGEelbjaN7@raENOWSIXxlz$21 YBI'LPpmX$M$12B[]hLY.xr a current commitment for title insurance policy in an amount equal to the purchase price,at Seller's option and expense,shall be furnished to Purchaser on or before June 1 ,19_87lf Seller elects to furnish said title insurance commitment,Seller will deliver the title Insurance policy to Purchaser after closing and pay the premium thereon. 10. The date of closing shall be the date for delivery of deed as provided in paragraph 11.The hour and atom,of closing shall be as designated by mutual agreement —. • 11. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and 13.Subj act to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient general warranty deed to Purchaser on June 1 ,1987 ,or,by mutual agreement,at an earlier date, conveying the Property free and clear of all taxes,except the general taxes for the year of closing,and except none free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether a aseased or not;free and clear of all liens and encumbrances except liens of special Districts; oil, gas and mineral reservations • and leases of record. except the following restrictive covenants which do not contain a right of reverter: those of record and except the following specific recorded end/or apparent easements: those of record N2505150 B-1560 P-621 08/08/96 02:51P PG 2 OF 4 3-ca l Bradford Publishing.5825 W.6th Ave.,Lakewood,CO 80214—(303)233-6900 8 70348 and subject to building and zoning regulations. • 12. Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defect(s)is given by I urchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing,Seller shall use reasonable effort to correct said defect(s)prix'to date of closing.If Seller is unable to correct said defect(s)on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing shall be extended thirty days for the purpose of correcting said defeats).Except as sl ated in paragraph 13,if title is not rendered merchantable as provided in this paragraph 12.at Purchaser's option,this contract shall be void and of h o effect and each party hereto shall he released from all obligations hereunder and all payments and things of value received hereunder shall be return ed to Purchaser. KJ 0 19. Any encumbrance required to be paid may be paid at the time of:settlement from the proceeds of this transac lion or front any other source. Provided,however,at the option of either party,if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract F.` Fa shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payment.and things of value received N O~1 hereunder shall be returned to Purchaser. 14. General taxes for the year of closing.based on the most recent levy and the most recent assessment,prepaid rents,water rents,sewer rents, W N FHA mortgage insurance premiums and interest on encumbrances,if any.;Hut —_. no_.0yhrtd rr��.. 'hall be II rti sh ed todate of delivery of deed. g XI 15. Possession of the Property shall be delivered to Purchaser on Junt 1, 1987 FC O subject to the following leases or tenancies: none zo trj 16. In the event the Property is substantially damaged by fire,flood or other casually between the date of this con ract and the date of delivery of O deed, Purchaser may elect to terminate this contract; in which case all payments and things of valise received hereunder shall be returned to Purchaser. 010 17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, J honored or tendered when due.or if any other obligation hereunder is not perfmmsed as herein provided,there shall be the following remedies: (a) IF SELLER IS IN DEFAULT.(U Purchaser may elect to treat this contract as termimtted,in which)casehall payments a ante things to[reel H O received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be y rz J this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both. (b) IF PURCHASER IS IN DEFAULT,(11 Seller may elect to treat this contract as terminated,in which ease all payments and things of valuen CO received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may re proper,or(2)Seller may elect t1 J to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages,or both. (el Anything to the contrary herein notwithstanding,in the event of any litigation arising shit of this contract,the court may award to the prevailing party all reasonable coats and expense,including attorneys'fees. x F-' lid. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker, unless mutual written instruction is received by broker,broker shall not be required to take any action but may await any proceeding,or at broker's option and discretion, may interplead any moneys or things of value into court and may recover court costs and reasonable attorneys'fees. 19. Additional provisions: 1/4O 1. Seller will secure final plat approval from the Town of Frederick. Pzi 2. Seller shall provide raw water requirements to the Town of Frederick. tri y my 3. Purchaser agrees to construct roads, sidewalks, curb, gutters and utility extensions that are located on the herein described parcel of land and as they r appear on the final plat. Maple Street and 4th Ave. will be completed by Purchaser 17 with the construction of the First Filing of Maplewood Subdivision. Linden Street 0E-4 will be constructed by the Purchaser of the Second Filing of Maplewood Subdivision. O C 4. If the_ herein described land does not receive final plat approval from the 0O ,p Frederick Town Board by June 1, 1987 this agreement can be extended for thirty days making the closing date July 1, 1987. 5. Sale is subject to approval from Seller's Lender. 6. Building design and materials will be mutually agreed upon. May 8, 1987 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before_ 19 ,this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs,successors and assigns of such parties,ex p ass 'n paragrap 7. U ::T :ii Dale Date Purchaser Da Purchaser's Address --- 2505150 8-1560 P-621 08/08/96 02:51P PG 3 OF 4 one ranon.nge auuntaaeaomareteu in aenm umr.uuna^a .r 21. Seller accepts the above proposal this day of ,19 and agrees to pay a commission of —0— %of the purchase price for services in this transaction,and agrees that,in the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission,and the balance to Seller. Grant Brothers Seller Seller Seller's Address P.O. Box 948, Longmont, Colorado 80501 _ - Listing Broker's Name and Address none - 870348 Rocky Mountain Consultants, Inc. n s;'1/4--- " = 1960 Industrial Circle, Suite A • Longmont, CO 80501 • (303) 772-5282 Offices also located in Denver and Estes Park, CO • Metro line: 665-6283 LEGAL DESCRIPTION APPENDIX A III b7 A parcel of land located in the East one-half of Section 31, Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly F N described as follows: Commencing at the North one-quarter corner of Section 31, whence the Northeast n corner of said Section 31, bears South 89°41'13" East 2633.50 feet and all • o bearings being relative thereto; thence along the West line of the Northeast z � quarter of said Section 31, South 00°51'32" West 473.52 feet to the True Point z m of Beginning; thence South 89°44'28" East 232.51 feet; thence South 00°51'32" N West 506.50 feet ; thence North 89°44'28" West 232.51 feet to a point on the West m• O line of said Northeast quarter; thence North 00°51'32" East 506.50 feet to the True Point of Beginning, containing 2.703 acres more or less. &0 • o utuut m gnefi,,Wyd‘044,10n,igitip � H CD z ' For Rocky Mountain Consultants, Iii=�; 13446 :*. S n 0') • By Ronald W. Adams P.L.S. #13446 ttl .-1111 Z 1/4O . t11 C) O t7 t9 v • 70 O Eo t-I r d n - O N) O nfl O a 2505150 B-1560 P-621 08/08/96 02:51P PG 4 OF 4 N iU .Htf '--.1 • t�� The following document entitled: "Warranty Deed" was originally recorded along with four other documents on July 7, 1987, at Book 1162, Reception Number 02106200, in the Office of the Weld County Clerk and Recorder. It is being re-recorded for the purpose of being recorded separately from the other four documents. 2505151 8-1560 P-622 08/08/96 02:53P PG 1 OF 6 RHC DOC Weld County CO JA Suki. Tsukamoto Clerk & Recorder 0.00 M:\W PFILES\DEEDS\RERECORD.BTB Recorded at o'clock M, on Book_ Page Reception.No. Recorder C '.1 11'ilrmtg Teat THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partners lip(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for(1)the lien of the general property taxes for the year of this deed, which the GRANTEE st el will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations f-, H and exceptions (4)any outstanding mineral interests shown of record(5) any protective covenants and recific- o m tions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions" J lV The specific terms of this deed are: 7d trf GRANTOR: (Cove namelsl and placers) of residence. it the spouse of the owner-grantor is toning in lb I Deed to,draw• homestead rights. n identils grantors as husband and wile ) O Grant Brothers, a General Partnership > N NOTE: Trade name Affidavit for Grant Brothers, a General Partnership recorded Z o January 26, 1982, in Book 959 as Reception No. 1881153, reveals the following ox G �rE � Partners: Wgllace H. Grin and Douglats Graft � o G Give name)sl and addresdes) statement o a dress, me u n oval able roa or street num aer, is required ) Co Weld County, Colorado, a body corporate and politic of the state of Colorado, tiy by and through the Board of County Commissioners of Weld Cot.nty, Colorado. H ci tx1 H O FORM OF CO-OWNERSHIP: N there are two or more grantees named, they will be considered to take as tenants in common unless 2 \ the words"in Joint tenancy"or words of the'dale meaning are added in the space below.I n r --I of MI PROPERTY DESCRIPTION: [Include county and state.) • rP Fr, .. tr See the attached Exhibit "A." 70 cn en 0 MI 0 t21« X1O GM O o r d n O kn CONSIDERATION: (The statement of a dollar amount is optional, adequate a nnsiderau Q nn for the. deed ss ill be presumed unless this A cons man(e is identified as a gift. in any case this convesanc e is absolute, final and unconditional ) Good and valuable consideration. RESERVATIONS-RESTRICTIONS: itt owns, or if tintends to s T1(' ess than the GRANTOR is restricting the GRAN5 convey l rights in the property.t in the property or to makeappropri he appropriateindication ) .I ADDITIONAL WARRANTY EXCEPTIONS: (Include mortgages being assumed and other matb•rs not covered above ) See the attached Exhibit "B.tr GRANT BROTHERS, a General Partnership Signedon ��dt 3FL RD , 19 fl By. Y�jDouglas M. rant, Grantor Attest: mot ; irki. General Partner . ,,,Ot„r.uu.,,, Grantor = kS&6 ' By: �� 1 a�x RADO ) SS. striate H. Grant, Grantor {SWNTYOf••,t ) nerd g.rtner 19ra "c• , t7ment was acknowledged before me this I ly wn� b Al hi, Were-J._ P&c4ntr e nei LOW',Eye A.& 'it- , 6e nA%x �,a i cr) /..,-) CAY4 qt faro S, a ; hapd and official seal.C�ex a,a +� t t3t)L a/��W / /[flA R . — 7. A �tikl Aires: 'J -re)-Sg �1 Notary Public x O SS. ,,'E 4TIZI E,••' ) day of , 19 The Y6YEgoing instrument was acknowledged before me this by WITNESS my hand and official seal. My commission expires: - • 2505151 8-1560 P-622 08/08/96 02:53P PG 2 OF 6 NO 701 P.O BOX 1815, GREELEY, COLORADO 80632 L 870349 EXHIBIT "A" Lot 1 , Block 4 , Maplewood Subdivision Filing No. 1 , according to ed the recorded plat thereof. i-+ H ar orn CO N C+J 0 y Z • 0 o rn t+J t.) (ti'c• o C9 in O H -4 C9 O H O z � to rn n 0 O 0 eau Z o C9 r 0 n O a O o - 2505151 B-1560 P-622 08/08/96 02:53P PG 3 OF 6 870348 EXHIBIT "B" 1 . Rights or claims of parties in possession not shown by the public records. M w 2 . Easements, or claims of easements, not shown by the public records. 1/4O N 3 . Discrepancies, conflicts in boundary lines, shortages in area , encroachments, and any facts which a correct survey and K n inspection of the premises would disclose and which are not O shown by the public records. z o rn 4 . Any lien or right to a lien, for services , labor or material Nto heretofore or hereafter furnished, imposed by law and not q shown by the public records. fn 5. Defects , liens , encumbrances , adverse claims or other to matters, if any, created, first appearing in the public z records or attaching subsequent to the effective date hereof n co but prior to the date the proposed insured acquires of record r for value the estate or interest or mortgage thereon covered by this commitment. g .. 6. Any and all unpaid taxes, assessments, and unredeemed tax mi sales. n O 7. Rights of way for county roads 30 feet wide on each side of 6 Section and Township lines , as established by order of the [9+c Board of County Commissioners for Weld Courty, recorded October 14 , 1889 , in Book 86 at Page 273. eM 2 r 8 . All coal and other minerals, the right to prospect for and a remove the same , together with the right of ingress and o egress therefor and the right to use so much of the lands as may be convenient or necessary for the removal of said coal and other minerals, as reserved by the Union Pacific Railroad o {' Company in deed recorded April 19 , 1899 , in Book 170 at Page 275 , and any interests therein or rights thereur.der. 9. The perpetual and irrevocable right to remove the adjacent and subjacent support from the subject property, and the release and discharge from any and all liability from damages resulting from the withdrawal of the adjacent and subjacent support from said premises through the removal of coal therefrom, as granted to the Union Pacific Railroad Company by instrument recorded October 15 , 1935 , in Book 984 at Page 14. 10. Easement and right of way for communication sy:,tems purposes granted to American Telephone and Telegraph Company by Helen 2505151 B-1560 P-622 08/08/96 02:53P PG 4 OF 6 870348 • Grant and Howard Grant by instrument recorded November 8, Abe 1940 , in Book 1070 at Page 144 , in which the specific location of the easement is not defined. 4a Fa Fa Fa O1 O N 11 . Easement and right of way to construct, operate and maintain an aerial pole and wire line to consist of six poles , two 3 anchors and appurtenances, as granted to American Telephone xt 1•C n and Telegraph Company by instrument recorded June 23 , 1945, o in Book 1156 at Page 552 , in which the specific location of z N) said easement is not defined. z rn k] N 12 . Easement and right of way for electric transmission and too0 distribution lines and poles , as reserved by the Town of Frederick in the deed recorded January 15 , 1971 , in Book 639 m as Reception No. 1560590, affecting the following described H property: ''' o z � A strip of land along the West side of the Ek of Section 31 , r co Township 2 North, Range 67 West of the 6th P.M. , more particularly described as follows: da Commencing at the Northwest Corner of said E' ard considering the West line of said Eh to bear South 00°00 ' 00" East, and with all other bearings herein relative thereto; thence South 00°00' 00" East along the West line of said Eh a distance of 30. 00 feet to the True Point of Beginning; thence South +r 00°00 ' 00" East along the West line of said Ek, a distance of MO 2253. 65 feet to an intersection with the centerline of Eighth Ea O Street in the Town of Frederick, Colorado, a:; platted and recorded in the records of Weld County, Colorado; thence North 89°28 ' 50" East along the centerline of said Eighth o w Street, extended East a distance of 22 . 80 feet; thence North 00° 12 ' 20" East a distance of two thousand two hundred fifty-three and seventy-five one-hundredths feet. (2 , 253 . 75 ' ) ; o a thence South 89°26' 40" West a distance of 30. 91 feet to the True Point of Beginning. 13. Easement and right of way for an underground sanitary sewer pipe line as granted to Weld County Tri-Area Sanitation District by Grant Brothers, a Partnership, in instrument recorded October 26 , 1972, in Book 678 as :Reception No. 1600284, affecting the following described property: A 20 foot wide permanent easement located in the West Half of the East Half (W'E') of Section 31 , Township 2 North, Range 67 West of the 6th Principal Meridian, the centerline of said easement being more particularly described as follows: Easement No. 1 - Beginning at the North Quarter Corner of said Section 31 , thence South 89°48' 20" Fast 10 feet to the True Point of Beginning; thence South 0°47 ' 20" West, 980 . 02 feet to the point of termination on a tract of :.and described under Reception Number 1565421 . 2505151 B-1560 P-622 08/08/96 02:53P PG 5 OF 6 870348 Easement No. 2 - Beginning at the North Quarter Corner of 1 td said Section 31; thence South 0°47 ' 20" West along the H North-South centerline of the Section 2 ,283. 79 feet; thence m South 89°48 ' 20" East 10 feet to the True Point of Beginning; '' t%' thence South 0°47' 20" West parallel to the North-South centerline a distance of 2,996 . 00 feet, more or less , to the Mn point of termination on the North right of way line of G Colorado Highway No. 52. z m zo 14. Terms, agreements, provisions, conditions and obligations as ,� ,a',, contained in surface owner' s agreement by and between Grant c o0 Brothers and Champlin Petroleum Company, recorded November 5, to 1976 , in Book 781 as Reception No. 1702908 . m o H -4 15. Easement and right of way for communication and other Ho facilities, as granted to the Mountain States Telephone and z Telegraph Company by Grant Bros. , in instrument recorded n co September 17, 1982 , in Book 978 as Reception No. 1904132 , m affecting the following described property: x , A strip of land seventeen (17) feet in width, being eight and 2, - one-half (8. 5) feet on each side of a centerline described as mi° follows: n O Beginning at a point in the North line of Section 31 , 6 y Township 2 North, Range 67 West of the 6th Principal Meridian x o 28. 5 feet East of the North One-Quarter (N') Corner of said 0 Section 31; thence South 00°47' 20" West, 980. 02 feet to point CI r o of terminus; the intent of said strip is to be the East 17 m feet of the West 37 feet of the North 980. 02 feet of the Northeast One-Quarter (NE 4) of said Section 31. o 1/40 nu-s o a 2505151 B-1560 P-622 08/08/96 02:53P PG 6 OF 6 870348 \Sa. The following documents entitled: "Partial Release of Mortgage"and "Special and Limited Power of Attorney -- Connecticut Mutual Life Insuance Company, A Connecticut Corporation to Agrivest, Inc., A Connecticut Corporation" were originally recorded along with four other documents on July 7, 1987, at Book 1162, Reception Number 021(6200, in the Office of the Weld County Clerk and Recorder. They are being re-recorded for the rurpose of being recorded separately from the other four documents. 2505152 B-1560 P-623 08/08/96 02:53P PG 1 OF 4 REC D0C Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 M.\W PPILES\DEEDS\RERECORD.BTB Loan No. 97397-L PARTIAL RELEASE OF MORTGAGE For value received , CONNECTICUT MUTUAL LIFE INSURANCE COMPANY hereby releases from the lien of a certain mortgage executed by t° Grant Brothers, a General Partnership Composed of Wallace H. Grant, E a/k/a Wallace Howard Grant and Douglas M. Grant, a/k/a Douglas o a, Grant, a/k/a Douglas Maury Grant, General Partners, dated the 2nd LA) NJ day of March, 1982, and duly recorded in the public records of the County of Weld , State of Colorado in Book 962, Reception #1884862 , the following described property only, located in the County of Weld , State of Colorado: z ^' zo A parcel of land located in the East one-half of Section 31, ' Township 2 North, Range 67 West of the 6th P.M. , Weld County, c o Colorado, being more particularly described as follows: COMMENCING at the North one-quarter corner of Section 31, Cl) wh8nce the Northeast corner of said Section 31, bears South y �' tam 89 41 '13" East 2633. 50 feet and all bearings being relative z thereto; thence along the West line of the Northeast quarter of said Section 31; South 00°51 ' 32" West 473 . 52 feet to the True r °° Point of Beginning; thence South 89 44 '28" East 232. 51 feet; thence South 00 51 ' 32" West 384 .04 feet; thence South 89 44 '28" East 317 . 40 feet; ghence South 01 34 '00" East e, - 100 .00 f8et; thence South 89 ,44 '28" East 45.02 beet; thence South 01 34 '00" East 2 . 50 feet; thence South 89 44 ' 28" East 88.04 feet; thence South 01 34 ' 00" East 346 .13 feet to a p point on the North line of that certain parcel of land 6 described by Deed in Book 639 at Reception #1561477; 8hence 70 along said North line at Reception #1561477 , North 89 44 ' 08" West 436 .97 feet to the Southeast corner of that certain parcel o of land described by deed in Book 643 at Reception #1565421 (Pheasant View Estates Subdivision) ; thence along the East line of said parcel of land at Reception #1565421, North 00-51 ' 32" p ,, East 325.93 feet; thence along the North line of said parcel at ca Reception #1565421, North 89°44 ' 28" West 265.00 feet to a o point on the West line of said Northeast quarter of Section 31; thence along said West line North 00 51 '32" East 506 .50 feet to the True Point of Beginning , containing 6 . 884 acres, more or less . The remainder of the property described in said mortgage shall continue as security for the indebtedness under said mortgage and for the full performance of all covenants and obligations in said mortgage and the note referred to therein. CONNECTICUT MUTUAL LIFE INSURANCE COMPANY has caused this partial release to be executed by AgriVest, Inc . , its Attorney in Fact, this 27th day of May, 1987 . CONNECTICUT MUTUAL LIFE INSURANCE COMFP.NY BY: AgriVest, Inc . , its Attorney in Fact ATTEST: BY: Billy -'L. Whitt, Vice President ( cam Secretary 2505152 B-1560 P-623 08/08/96 02:53P PG 2 OF 4 STATE OF CONN_ ss . COUNTY OF HARTFORD ) On this 27th day of May, 1987 , before me personally appeared Billy LI Whitt, to me known to be the Vice President of AQriVestf Inc . , the corporation that executed the within and foregoing instrument as Attorney in Fact, and acknowledged said instrument to PURPORTED COPY 870348 be the free and voluntary act and deed of said corporation as Attorney in Fact, for the uses and purposes therein mentioned , and on oath stated that he was authorized to execute said instrument as Vice President and that the seal affixed is the corporate seal of said corporation . IN WITNESS WHEREOF , I have hereunto set my hand a.ld affixed my official seal the day and year last above written . +� 6-4 2" Not Public Public i�and for the State of Connecticut My Commission Expires: March 31 , 199 D29 t 2505152 8-1560 P-623 08/08/96 02:53P PG 3 OF 4 870348 £ SAL AND LIMITED ^POWER OF ATTOR CONx._JTICUT MUTUAL LIFE INSURANCE COL_iNY A CONNECTICUT CORPORATION to AGRIVEST, INC. A CONNECTICUT CORPORATION KNOW ALL MEN BY THESE PRESENTS, which are intended to constitute a special and limited power of attorney, that the undersigned Connecticut Mutual Life Insurance Company, a '1 to Connecticut corporation having its principal place of business at 140 Garden Street, ,.. ,.-. Hartford, Connecticut 06154 hereinafter referred to as "Principal" does hereby appoint o CN AgriVest, Inc., a Connecticut corporation, having its principal place of business at 01 N Glastonbury, Connecticut 06033, hereinafter referred to as "Agent", as attorney in fact to g yy act in the name, place and stead of Connecticut Mutual Life Insurance Company, with respect to the following matters: 0 1. To execute modifications of promissory notes, mortgages and deeds of trust; yin) extensions of principal to not later than existing maturity; partial releases; releases of z o personal liability; assumption agreements; full payment statements; satisfactions or rn releases of mortgage; satisfactions or releases of deeds of trust; substitutions of � o security; equipment lien waivers; non-disturbance agreements; subordination of mortgage or g o deed of trust to mineral leases; deeds of easements and rights of way; financing statements; flo O documents which encumber or release U. S. Forest permits and state leases, substitution of trustee; releases of collateral assignments in connection with a satisfaction or releases of H o mortgages or deeds of trust; endorsements of loss drafts and checks for damage to property, 2 termination statements, requests for full reconveyance, releases of modification agreements, n co leases, management agreements and service agreements all in connection with the Agricultural J Investment Portfolio of Principal. 2. Notwithstanding anything to the contrary contained herein, Agent shall have no power x a on behalf of Principal to execute any document, or take any action, not specified above. °' u, 3. The powers granted under this Special and Limited Power of Attorney may be changed 1° or reduced at any time, and this Special and Limited Power of Attorney may be revoked at any nn time, by written instrument duly executed by Principal. 4. Agent is hereby empowered to act pursuant to this Power by and through its President or Vice President. Agent is granted no authority under this Power to delegate any of the o foregoing powers to any other person or persons. £ o 5. The following is a specimen of the form of signature to be used by Agent when t4 o acting pursuant to this Power. 0 n CONNECTICUT MUTUAL LIFE INSURANCE a 4i COMPANY, a Connecticut Corporation o n � o a+ By: AgriVest, Inc., Its Attorney in Fact By: /s/ Its (President) (Executive Vice President) (Vice President) IN WITNESS WHEREOF, Connecticut Mutual Life Insurance Company, declares under the penalties of perjury that it has examined this Special and Limited Power of Attorney and to the best of its knowledge and belief it is true and correct and complete and has caused this Special and Limited Power of Attorney to be executed as of the 14th day of April, 1987. CONNECTICUT MUTUAL LIFE INSURANCE ATTEST: COMPANY, a Connecticut corporation O► I� rlN .ti---A` \H i�F,r�,(1:30C . %yr BY• OUNIA X11 1C 6 owl David C. Kline a ,010 `` o Na i Baline Kleinman Secretary Investment Officer Yr f _,...�.. .�, STATE OF CONNECTICUT) ~'2 J" A et "; ) as. 1244 /4, COUNTY OF HARTFORD ) ,•. On April 14, 1987, before me, the undeP8tgned, a Notary Public in and for said County and State, personally appeared Naomi Saline Kleinman, known to me to to the Investment Officer, and David C. Kline, known to me to be the Secretary of Connecticut Mutual Life Insurance Company, the corporation that executed 'the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument. • .... Witness my hand and official seal. • c� / My Commission Expires: Not ry Public E. :w /177 2505152 B-1560 P-623 08/08/96 02:53P PG 4 OF 4 8 O4 8. The printed portion of this form appro`ed by the CoI'ir do Real Estate Commission (55.60.7.71) STATEMENT OF SETTLEMENT SELLER'S Q PURCHASER'S PROPERTY ADDRESS N/A Weld County, Colorado, a body Grant Brothers PURCHASER corporate and politic of the SELLER Grant of Colorado SE'T'TLEMENT DATE DATE OF PRORATION^ June 15, 1987 LEGAL DESCRIPTION: See attached Exhibit "A" Debit Credit 1. Selling Price 33,787 50 2. Deposit,paid to Seller by Purchaser _ — — 3. Trust Deed,payable to 4. Trust Deed,payable to -- 5. Trust Deed,payoff to Connecticut Mutual Life Ins. Co. (for Partial _ 30,559 33 6. Interest on Loan Assumed Release) 7. Title Ins.Premium to be paid by Seller 8. Abstracting: Before Sale . 9. After Sale - • 10. Title Exam. by 11. Recording: Warranty Deed Exempt as per Section 30-1-103, CRS 12. Trust Deed 13. Release 14. Other 15. Documentary Fee Exempt as per Section 39-13-102, CRS 16. Certificate of Taxes Due 3 77 17. Taxes for Preceding Year(s) Paid - 18. Taxes for Current Year to June 15, 1987 - 19. Tax Reserve 20. Special Taxes 21. Personal Property Taxes 22. Hazard Ins.Prem.Assumed—Policy No. Co. -- Yr.Term Expires - - Premium$ Days Unused at 0 per day I 23. Premium for New Insurance - 24. Hazard Ins.Reserve - — 25. FHA Mortgage Ins.Assumed -- - 26.JFHA Mortgage Ins.Reserve 27. Lan Service Fee (Buyer) 28.uLoan Discount Fee (Seller) - 29. Interest on New Loan - 30. Survey and/or Credit Report —31. Appraisal Fee 32. Water and/or Sewer 33. Rents -` 34._Security Deposits J - 35. Loan Transfer Fee 36. Loan Payment Due - ' 37. Broker's Fee .p0 38. Fee to Obtain Partial Release — --- I_ Sub-Totals :;3,787 50 1. 30,570 10 trabiZeintilalinCOXCLEMICK -- _ 3,217 40 Balance due*e/from Buyer :33,787 50 33,787 40 TOTALS The above figures do not include sales or use taxes on personal property 17rphir,114,4:4ZUMAfre.;rj APPROVED and ACCEPTED 1 Weld County, a body corporate and ATTEST: WeldLinty Clerk and Recorder politic of the State of Colorado and Clerk to the Board Purchaser rL BODE • By cilli -7)--../)1/ALL Gordon Lacy Chai an Deputy County Clerk Form No.C-836 :.3 :'0348 „..- Ihr ii:Inli,f pnrlion of ihli form ipproit1 by d Colorado Real 1.%iale Commiwiub (SS•60.7.7i1 STATEMENT OF SE'I'I'LEMENT SELLER'S g 1'URCAIASER'S O PROPERTY ADDRESS N/A Weld County, Colorado, a body Grant Brothers PURCHASER corporai:e and politic of the SELLER State o : Colorado SETTLEMENT DATE / UA'I'E OF PRORATION June 15, 1987 LEGAL DESCRIPTION: See attached Exhibit "A" Debit Credit 1 1. Selling Price — 33,787 50 2. Deposit, paid to Seller by Purchaser - 3. Trust Deed,payable to — . 4. Trust Deed, payable to - 5. Trust Deed,payoff to Connecticut Mutual Life Ins. Co. (for Partial - 30,559 33 6. Interest on Loan Assumed Release) 7. Title Ins.Premium to be paid by Seller 8. Abstracting: Before Sale 9. Ai ter Sale 10. Title Exam. by - 11. Recording: Warranty Deed Exempt as per Section 30--1-103, CRS 12. Trust Deed 13. Release 14. Other 15. Documentary Fee Exempt as per Section 39-13-102, CRS 16. Certificate of Taxes Due - 17. Taxes for Preceding Year(s) Paid - 18. Taxes for Current Year to June 15, 1987 3 77 19. Tax Reserve 20. Special Taxes ' 21. Personal Property Taxes 22. Hazard Ins.Prem. Assumed—Policy No. Co. $ Yr.Term Expires - Premium$ . Days Unused at ¢ per day 23. Premium for New Insurance 24. Hazard Ins. Reserve ' — 25. FHA Mortgage Ins.Assumed 26. FHA Mortgage Ins.Reserve 27.,oan Service Fee (Buyer) 28. Loan Discount Fee (Seller) — - 29. Interest on New Loam -- 30. Survey and/or Credit Report — 1. Appraisal Fee — - 32. Water and/or Sewer 33. Rents 34. Security Deposits — -— 35. Loan Transfer Fee 36. Loan Payment Due - -- 37. Broker's Fee ; 7 00 ` 38. Fee to Obtain Partial Release - Sub-Totals _ 30,570 10 33,787 50 Balance due to/from Seller - 3,217 40 • Balance due to/from Buyer -- - TOTALS 33,787 50 33,787 50 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED i )01ry5 /Seller_ Grant Brothers Broker o. .lam By MXIMITiateilitt — Form : Cam— -- Form No. C•e36 C1L. /'` 4 e�'�vWr 870348 COMMONaEALTH LAND TITLE INSURANCE CO. 1002 17th Ave. RE: TITLE NO: H44672] LONGMONT, COLORADO 80501 PROPERTY: 772-9164 SFT,T,F,R: GRANT EFC HERS PARTNERSHIP BORROWER: WELD COUNTY BOARD COMMISSIONER DATE: AUGUST 12, 1987 WELD COUNTY BOARD COMMISSIONER C/O BRUCE BARKER P.O. BOX 1948 GREELEY, OD. 80632 IN CONNECTION WITH THE ABOVE MATTER, WE ARE ENCLOSING HEREWITH THE FOLLOWING: TITLE INSURANCE COMMITMENT MORTGAGE TITLE INSURANCE POLICY XX OWNERS TITLE INSURANCE POLICY LEASEHOLD LOAN TITLE INSURANCE POLICY LEASEHOLD OWNERS TITLE INSURANCE POLICY CONTRACT PURCHASER'S POLICY CONS'I'RUCTICN LOAN CX MrrMENT COEZTRUCTION LOAN POLICY ENDORSEMENT(S) TAX CERITFICATE(S) IMPROVEMENT LOCATION CERTIFICATE RESTRICTIVE COVENANTS STATEMENT OF CHARGES LIEN INDEMNITY LETTER WE APPRECIATE THE OPPORTUNITY TO HAVE BEEN OF SERVICE TO YOU. PLEASE CONTACT THE UNDER- SIGNED IF YOU HAVE ANY QUESTIC*S CONCERNING THIS TRANSACTION. CC: VERY TRULY YOURS, CXX'24ONWEALTH LAIC) TITLE INSURANCE CO. 870348 BY: STEPHANIE MCKAY • t • OWNER'S POLICY OF TITLE INSURANCE Lit Issued By COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys'fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land;or 4. Unmarketability of such title. IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its carporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. MHO '11 t r/ COMMONWEALTH LAND TITLE INSURANCE COMPANY ti Attest: nri, top ird By$ecrctary President aqi EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: I. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character. dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided, however, tact without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumes or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subseqient to Date of Policy: or (e) resulting in loss or damage which would not have been sustained if the insured claimant hail paid value for the estate or interest insured by this policy. 870348 bd • American Land Title Association Owner's Policy- 1970- Form 8 (Rev. 10-17-70 and 10-17-84) Form 1005-41 Face Page Valid Only If Schedules A,B and Cover Are Attached CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do The following terms when used in this policy mean: any other act which in its opinion may be necessary or desirable to (a) "insured": the insured named in Schedule A, and, subject establish the title to the estate or interest as insured,and the Company to any rights or defenses the Company may have had against the may take any appropriate action under the terms of this policy, named insured, those who succeed to the interest of such insured by whether or not it shall be liable :hereunder, and shall not thereby operation of law as distinguished from purchase including, but not concede liability or waive any provision of this policy. limited to, heirs, distributees, devisees, survivors, personal represen- tatives, next of kin, or corporate or fiduciary successors. interposed a defense as required or permitted by the provisions of this (b) "insured claimant": an insured claiming loss or damage policy, the Company may pursue any such litigation to final deter- hereunder. mination by a court of competent jurisdiction and expressly reserves (c) "knowledge": actual knowledge, not constructive knowledge the right, in its sole discretion, to appeal from any adverse judg- or notice which may be imputed to an insured by reason of any merit or order. public records. (e) In all cases where this policy permits or requires the Com- (d) "land": the land described, specifically or by reference in pany to prosecute or provide for the defense of any action or pro- Schedule A,and improvements affixed thereto which by law constitute ceeding, the insured hereunder shall secure to the Company the right real property; provided, however, the term "land" does not include to so prosecute or provide defense in such action or proceeding, and any property beyond the lines of the area specifically described or all appeals therein, and permit the Company to use, at its option, the referred to in Schedule A, nor any right, title, interest, estate or name of such insured for such purpose. Whenever requested by easement in abutting streets, roads, avenues, alleys, lanes, ways or the Company, such insured shall give the Company all reasonable waterways, but nothing herein shall modify or limit the extent to aid in any such action or proceeding, in effecting settlement, securing which a right of access to and from the land is insured by this policy. evidence, obtaining witnesses, or prosecuting or defending such action or proceeding,and the Company shall reimburse such insured for any (e) "mortgage": mortgage, deed of trust, trust deed, or other expense so incurred. security instrument. (f) "public records": those records which by law impart con- structive notice of matters relating to said land. 4. NOTICE OF LOSS—LIMITATION OF ACTION 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE In addition to the notices required under paragraph 3(b) of these OF TITLE Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed -:he Company is liable under this The coverage of this policy shall continue in force as of Date policy shall be furnished to the Company within 90 days after such of Policy in favor of an insured so long as such insured retains an loss or damage shall have been determined and no right of action estate or interest in the land, or holds an indebtedness secured by a shall accrue to an insured claimant until 30 days after such statement purchase money mortgage given by a purchaser from such insured, shall have been furnished. Failun; to furnish such statement of loss or so long as such insured shall have liability by reason of covenants or damage shall terminate any liability of the Company under this of warranty made by such insured in any transfer or conveyance policy as to such loss or damage. of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS chase money mortgage given to such insured. The Company shall have the option to pay or otherwise settle 3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF for or in the name of an insured claimant any claim insured against CLAIM TO BE GIVEN BY AN INSURED CLAIMANT or to terminate all liability and obligations of the Company hereunder by paying or tendering payment 3f the amount of insurance under (a) The Company,at its own cost and without undue delay,shall this policy together with any costs, attorneys' fees and expenses in- provide for the defense of an insured in all litigation consisting of curred up to the time of such payment or tender of payment, by the actions or proceedings commenced against such insured, or a defense insured claimant and authorized by the Company. interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or 6. DETERMINATION AND PAYMENT OF LOSS other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (a) The liability of the Company under this policy shall in no (i) in case any action or proceeding is begun or defense is inter- case exceed the least of: posed as set forth in (a) above, (ii) in case knowledge shall come ( i) the actual loss of he insured claimant; or to an insured hereunder of any claim of title or interest which is ad- ( ii) the amount of ins mance stated in Schedule A. verse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by (b) The Company will pay, in addition to any loss insured virtue of this policy, or (iii) if title to the estate or interest, as against by this policy, all costs imposed upon an insured in litigation insured, is rejected as unmarketable. If such prompt notice shall carried on by the Company for st:ch insured, and all costs, attorneys' not be given to the Company, then as to such insured all liability of fees and expenses in litigation carried on by such insured with the the Company shall cease and terminate in regard to the matter or written authorization of the Cm ipany. matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such (c) When liability has been definitely fixed in accordance with insured under this policy unless the Company shall be prejudiced the conditions of this policy, the loss or damage shall be payable by such failure and then only to the extent of such prejudice. within 30 days thereafter. Conditions and Stipulations Continued Inside Cover 870348 El-1005-41r. r"1 CONTROL NO. i20 -030367 SCHEDULE A AMOUNT OF INSURANCE: $33,787.50 ORDER NO. H446721 PREM IUM: $ 141.00 DATE OF POLICY: July 7, 1987 , AT 4:30 P.M. 1. NAME OF INSURED: WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS COVERED BY THIS POLICY IS: FEE SIMPLE AND IS AT DATE OF POLICY VESTED IN: WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 3. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED IN THE SAID INSTRUMENT, IS SITUATED IN THE COUNTY OF WELD , STATE OF COLORADO, AND IS IDENTIFIED AS FOLLLGIS: LOT 1, BLOCK 4, MAPLEWOOD SUBDIVISION FILING NO. ONE, ACCORDING TO THE RECORDED PLAT THEREOF. COMMONWEALTH LAND/TITLE, INSURANCE COMPANY )n BY: ! _ 122 1002 17TH AVE. LONGMONT, COLORADO £ 0501 870348 THIS POLICY IS VALID ONLY IF SCHEDULE B IS ATTACHED AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1970 - FORM B (REV. ].0-17-70 & 10-17-84) TITLE NO: H446721 SCHEDULE B THIS POLICY DDES NC1I INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NCI' 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 HERET)FORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NC7T SHCWN BY THE PUBLIC RECORDS. 5. UNPATENED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. 6. ANY AND ALL UNPAID TAXES, ASSESSMENTS, AND UNREDEEMED TAX SALES. 7. RIGHTS OF WAY FOR COUNTY ROADS 30 FLET 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 HOOK 86 AT PAGE 273. 8. ALL COAL AND OTHER MINERALS, THE RIGHT TO PROSPECT FOR AND REMOVE THE SAME, TOGETHER WITH THE RIGHT OF =MESS AND EGRESS THEREFOR AND THE RIGHT OT USE SO MUCH OF THE LANDS AS MAY BE CONVIENIENT OR NECESSARY FOR THE RFIKWAL OF SAID COAL AND OTHER MINERALS, AS RESERVED BY THE UNION PACIFIC RAILROAD CX:MPANY IN DEED RECORDDED APRIL 19, 1899 IN HOOK 170 AT PAGE 275, AND ANY INTERESTS THEREIN OR RIGHTS THEREUNDER. 9. THE PERPETUAL AND IRREVOCABLE RIGHT TO REMOVE THE ADJACENT AND SUBJACENT SUPPORT FROM THE SUBJECT PROPERTY, AND THE RELEASE AND DISCHARGE FROM ANY AND ALL LIABILITY FROM DAMAGES RESULTING FROM THE WITHDRAWAL OF THE ADJACENT AND SUBJACENT SUPPORT FROM SAID PREMISES THROUGH THE REMOVAL OF COAL THEREFROM, AS GRANTED TO THE UNION PACIFIC RAILROAD COMPANY BY INSTRUMENT RECORDED OCTOBER 15, 1935 IN BOOK 984 AT PAGE 14. 10. EASEMENT AND RIGHT OF WAY FOR COMMUNICATION SYSTEMS PURPOSES GRANTED TO AMERICAN TELEPHONE AND TELEGRAPH COMPANY BY HELEN GRANT AND HOWARD GRANT FY INSTRUMENT RECORDED NOVEMBER 8, 1940 IN BOOK 1070 AT PAGE 144, IN WHICH THE SPECIFIC LOCATION OF THE EASEMENT IS CrN DEFINED. 11. EASEMENT AND RIGHT OF WAY TO CONSTRUCT, OPERATE AND MAINTAIN AN AERIAL POLE AND WIRE LINE TO CONSIST OF SIX POLES, TWO ANCHORS AND APHJRENANCES, AS GRANTED TO AMERICAN TELEPHONE AND TELEGRAPH COMPANY BY INSTRUMENT RECORDED JUNE 23, 1945 IN BOOK 1156 AT PAGE 552, IN WHICH THE SPECIFIC LOCATION OF SAID EASEMENT IS VT DEFINED. (Continued) AMERICAN LAND TITLE ASSOCIATION CANER POLICY - 1970 - FORM B (AMENDED 10-17-70) 870348 • SCHEDULE B (continued) 12. EASEMENT AND RIGHT OF WAY FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES AND POLES, AS RESERVED BY THE TOWN OF FREDERICK IN THE DEED RECORDED JANUARY 15, 1971 IN BOOK 639 AS RECEPTION NO. 1560590, AFFECTING THE FOLLOWING DESCRIBED PROPERTY: A STRIP OF LAND ALONG THE WEST SIDE OF THE E1/2 OF SECTION 31, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. , MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID E 1/2 AND CONSIDERING THE WEST LINE OF SAID E1/2 TO BEAR SOUTH 00'00'00" EAST, AND WITH ALL OTHER BEARINGS HEREIN RELATIVE THERE'T'O; THENCE SOUTH 00'00'00" EAST ALONG THE WEST LINE OF SAID E1/2 A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00'00'00" EAST ALONG THE WEST LINE OF SAID E1/2, A DISTANCE OF 2,253.65 MET TO AN INTERSECTION WITH THE CENTERLINE OF EIGHTH STREET IN THE TOWN OF FREDERICK, COLORADO, AS PLATTED AND RECORDED IN THE RECORDS OF WELD COUNTY, COLORADO; THENCE NORTH 89%28'50" EAST ALCM THE CENTERLINE OF SAID EIGHTH STREET, EXTENDED EAST A DISTANCE OF 22.80 FEET; THENCE NORTH 00'12'20" EAST A DISTANCE OF TWO THOUSAND IWO HUNDRED FIFTY-THREE AND SEVENTY-FIVE ONE-HUNCRE'THS FEET (2,253.75') ; THENCE SOUTH 89'26'40" WEST A DISTANCE OF 30.90 FEET TO THE TRUE POINT OF BEGINNING. 13. EASEMENT AND RIGHT OF WAY FOR AN UNDERGROUND SANITARY SEWER PILE LINE AS GRANTED TO WELD COUNTY TRI-AREA SANITATION DISTRICT BY GRANT BROTHERS, A PARTNERSHIP, IN INSTRUMENT RECORDED OCTOBER 26, 1972 IN BOOK 678 AS RECEPTION NO, 1600284, AFFECTINU THE FOLLOWING DESCRIBED PROPERTY: A 20 FOOT WIDE PERMANENT EASEMENT LOCATED IN THE WEST HALF TO IRE EAST HALF (W1/2E1/2) OF SECTION 31, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, THE CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT NO. 1 - BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 31, THENCE SOUTH 89'48'20" EAST 10 MET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0'47'20" WEST, 980.02 FEET TO THE POINT OF TERMINATION ON A TRACT OF LAND DESCRIBED UNDER RECEPTION NUMBER 1565421. EASEMENT M. 2 - BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 31; THENCE SOUTH 0'47'20" WEST ALONG THE NORTH-SOUTH CENTERLINE OF THE SECTION 2,283.79 FEET; THENCE SOUTH 89'48'20" EAST 10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0'47'20" WEST PARALLEL TO THE NORTH-SC(TH CENTERLINE A DISTANCE OF 2,996.00 FEET, MORE OR LESS, TO THE POINT OF TERMINATION ON THE NORTH RIGHT OF WAY LINE OF COLORADO HIGHWAY NO. 52. 14. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS AS CONTAINED IN SURFACE OWNER'S AGREEMENT BY AND BETWEEN GRANT BROTHERS AND CHFMPLIN PETROLEUM COMPANY, RECORDED NOVEMBER 5, 1976 IN BOOK 781 AS RECEPTION NO. 1702908. (Continued) 870348 SCHEDULE B (continued) 15. EASEMENT AND RIGHT OF WAY FOR COMMUNICATION AND OTHER FACILITIES, AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TFIAIRAPH COMPANY BY GRAN' BROS. , IN INSTRUMENT RECORDED SEPTEMBER 17, 1982 IN BOOK 978 A; RECEPTION NO. 1904132, AFFECTINU THE FOLLOWING DESCRIBED PROPER'L'Y: A bTHI P OF LAND SEVENTEEN (17) FEET IN WIDTH, BEING EIGHT AND ONE-HALF (8.5) FEET ON EACH SIDE OF A CENTERLINE DESCRIBED AS R)LLCWS: BEGINNING AT A POINT IN THE NORTH LINE OF SECTION 31, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN 26.5 r'Eer EAST OF THE NORTH ONE-QUARTER (N1/4) CORNER OF SAID SECTION 31; THENCE SOUTH 00'47'20" WEST, 980.02 r'Yer TO POINT OF TERMINUS; THE INTENT OF SAID STRIP IS TO BE THE EAST 17 FEET OF THE WEST 37 FEET OF THE NORTH 980.02 FEET OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SAID SDLTION 31. 16. EASEMENTS 5 FEET IN WIDTH ALONG ALL SIDE AND REAR LOT LINES FOR DRAINAGE PURPOSES, AS SHOWN ON THE HAT OF SAID SUBDIVISION. 17. EASEMENT 5 FEET IN WIDTH ALA THE NORTHERLY, SOUTHERLY, EASTERLY & WESTERLY BOUNDARY LINE OF SUBJECT PROPERLY FOR UTILITY PURPOSES AS SHOWN ON THE RECORDED PLAT OF SUBDIVISION. 870348 '_5 ^ CONDITIONS AND STIPULATIONS (Continued) 7. LIMITATION OF LIABILITY unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this No claim shall arise or be maintainable under this policy (a) if the policy and shown by an express st:tement herein or by an endorsement Company, after having received notice of an alleged defect, lien or attached hereto, encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation 11. SUBROGATION UPON PAYMENT OR SETTLEMENT until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals therefrom, adverse to the title,as Whenever the Company shall ha ve settled a claim under this policy, insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily all right of subrogation shall vest in the Company unaffected by any act of assumed by an insured in settling any claim or suit without prior written the insured claimant. The Company ;hall be subrogated to and be entitled consent of the Company. to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the :ompany, such insured claimant shall 8. REDUCTION OF LIABILITY transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any All payments under this policy, except payments made for costs, transaction or litigation involving such rights or remedies- If the payment attorneys fees and expenses, shall reduce the amount of the insurance pro does not cover the loss of such insured claimant, the Company shall be tanto. No payment shall be made without producing this policy for subrogated to such rights and remedies in the proportion which said endorsement of such payment unless the policy be lost or destroyed, in payment bears to the amount of sad loss. If loss should result from any which case proof of such loss or destruction shall be furnished to the act of such insured claimant, such rct shall not void this policy, but the satisfaction of the Company. Company, in that event, shall be rrquired to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this 12. LIABILITY LIMITED TO THIS POLICY policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B This instrument together with all endorsements and other hereof which is a lien on the estate or interest covered by this policy, or(b) instruments, if any, attached hereto by the Company is the entire policy a mortgage hereafter executed by an insured which is a charge or lien on and contract between the insured and the Company. the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Any claim of loss or damage. whether or not based on negligence, Company shall have the option to apply to the payment of any such and which arises out of the status of the title to the estate or interest covered hereby or any action assertirg such claim, shall be restricted tit the mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the provisions and conditions and etipul:.tions of this policy. amount so paid shall be deemed a payment under this policy to said No amendement of or endors,;ment to this policy can be made insured owner. except by writing endorsed nereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or 13. NOTICES, WHERE SENT more of said parcels but not al!, the loss shall be computed and settled on All notices required to be given the Company and any statement in a pro rata basis as if the amount of insurance under this policy was divided writing required to be furnished he Company shall be addressed to pro rata as to the value on Date of Policy of each separate parcel to the Commonwealth Land Title Insura nee Company, Eight Penn Center, whole, exclusive of any improvements made subsequent to Date of Policy, Philadelphia, Pennsylvania 19103. PA 10 American Land Title Association Owner's Policy- 1970- Form B(Amended 10-17-70) Cover Page Valid Only If Schedules A and B Are Attached Form 1005-8 870348 I _ in C O a b to LaF."?.. V = Oc co W Wa 4E� w z _` I—. Li 3. 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