The URL can be used to link to this page

Browse Search

Home My WebLink About870479.tiff RESOLUTION RE: APPROVE AGREEMENT BETWEEN WELD COUNTY AND MONFORT OF COLORADO, INC. FOR SALE AND PURCHASE OF REAL ESTATE, INCLUDING LAND AND ALL IMPROVEMENTS, AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement between Weld County, and Monfort of Colorado, Inc. for the sale and purchase of real estate, including land and all improvements , and WHEREAS, said Agreement concerns property described as: The Northeast One-Quarter (NE<) of Section 31 , and the East 2112 . 00 feet of the North One-Half (N1) of the North One-Half (N1) of the Northwest One-Quarter (NW') of Section 31 , Township 6 North , Range 65 West of the 6th P.N,. , Weld County, Colorado, and WHEREAS, the conditions and terms are as stated in said Agreement, a copy being attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the sale and purchase of the aforementioned real estate, including land and all improvements, be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. B 1160 REC 02104004 06/18/87 11: 54 X0. 00 26/027 F 1427 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO a,./ rte L�� 870479 Page 2 RE: AGREEMENT WITH MONFORT OF COLORADO, INC. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D. , 1987. ,�^Q�" "� BOARD OF COUNTY COMMISSIONERS ATTEST: WA^A^;4, "_ WELD COU LO O Weld County q4eEkj,a d Recorder - ,,and Clerk/to -h rd Go ac , irman ino 40 r L C.W. Kirby, Pro- em De u k P TO FOROR e P. Brantn� 41A4 -# APPROV D AS M: Cad )ceee9 Ja.quel a Joh sn _ oouunty A orney EXCUSED DATE OF SIGNING - AYE Frank Yamaguchi B 1160 REC 02104004 06/18/87 11: 54 X0. 00 27/027 F 1428 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870479 AR2110746 - _ n'rtnr4 M nn Rnnle Paoa AR2106697 B 1163 REC 02106697 07/10/87 16: 36 ,5'0. 00 1/004 F 0202 MARY ANN FEUERSTEIN Ci RK & RECORDER WELD CO, CO Wanda ty Teem. 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), partnership(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. w The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to o H, the property, except for(1)the lien of the general property taxes for the year of this deed, which the GRANTEE r i will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations rn and exceptions (4)any outstanding mineral interests shown of record (5)any protective covenants and restric- tions shown of record, and (6) any additional matters shown below under"Additional Warranty Exceptions" The specific terms of this deed are: K 11 GRANTOR: (Give namelsl and placels)of residence, if the spouse of the owner-grantor is Joining in this Deed to release homestead rights. ,> N identify grantors as husband and wile ) z --' Monfort of Colorado, Inc. , a Delaware Corporation hi -4 Ell Css GRANTEE: (Give name(s) and address)es). statement of address. Inc luding available road or street number, is required ) hi vi1-3 co Weld County, Colorado, a Body Corporate and Politic of the State of Colorado H Fa zn co FORM OF CO-OWNERSHIP: (If there are two or more grantees named. they will be considered to take as tenants in common unless t-t J the words"in joint tenancy"or words of the same meaning are added in the space below.) N x I� PROPERTY DESCRIPTION: (Include county and state.) t9 The Northeast Quarter (NEl) , Section 31, Township 6 North, Range p 65 West of the 6th P.M. , Weld County, Colorado, INCLUDING any and all improvements located thereon and all minerals located there- tTi'U under, with the exception of oil and gas. Eo cal • r . v RECORDER'S MEMORANfUM AT THE TIME OF RECORDATION, THIS IN- STRtiMENT WAS FOUND TO BE INADEQUATE 0 1--r FOR THE REST PHOTOGRAPHIC REPRODUCTION EECAUSE OF ILLEGIBILITY, CARBON OR PHOTO O COPY, DISCOLORED PAPER. ETC O 0 O4:b CONSIDERATION: (The statement of a dollar amount is optional, adequate consideration for this deed will be presumed unless this conveyance is identified as a gift in any case this conveyance is absolute. final and uncundmunal ) Good and valuable consideration. RESERVATIONS-RESTRICTIONS: ill the GRANTOR intends to reserve any interest in the property or to convey less than he owns,or it the GRANTOR is restricting the GRANTtI'S rights in the property, make appropriate indication ) All oil and gas deposits lying thereunder. ' ADDITIONAL WARRANTY EXCEPTIONS: (Include mortgages being assumed and other matters not covered above.) See the attached Exhibit "A." MONFO OF COLORADO INC. -.Signeddrt'•fie, /U 19 b' BY' Grantor � O ,fin ' 4 1:6RADO • ) SS. t • TYOF WCLD ) p Gran p fie;dregoing instrument was acknowledged befor me this /I 7'' day of 3 , 1,98 <'. by KENWta nTH- onsfoR.;aai.asldt.n+o 111one •( 031.4544 ""a •cc— WITNESS my hand and official seal. i °Jett ��k •A Ati I ,; My commission expires: Oer• al, P9119. Notary Public, STATE• O COUNTY OF ) 55. The foregoing instrument was acknowledged before me this day of , 19 by WITNESS my hand and official seal. My commission expires: Notary Public 1977 UPDATE LEGAL FORMS NO. 701 P.O. BOX 1815, GREELEY, COLORADO 80632 8704'79 B 1163 RE. 32106697 07/10/87 16: 36 X0. 00 2/004 F 0203 MARY ANN FEUERSTEIN CLERK & RELORDER WELD CO, CO xw EXHIBIT "A" 0101 J 1 . Rights or claims of parties in possession not shown by the public records. x 2 . Easements, or claims of easements, not shown by the public z records. z 3 . Discrepancies, conflicts in boundary lines, shortage in area, ma ON encroachments, and any facts which a correct survey and inspection N of the premises would disclose and which are now shown by the m o public records. I-3 CO H• r Z 4. Any lien, or right to a lien, for services , labor, or material heretofore or hereafter furnished, imposed by law and not r °° shown by the public records. x x � 5. Taxes due and payable; and any tax, special assessments, an - charge or lien imposed for water or sewer service, or for any 1� other special taxing district. 6 . Right of way for Butler-Howard Ditches and Drainage System in Section 31 as disclosed by Map and Statement filed May 5 , 1898 , as Filing No. 67246 , and by Agreement recorded May 7 , 1898 , in Book x• o 157 at Page 311 . • o 7 . Carpenter Seepage Ditch, and any and all rights of way therefore, as evidenced by Map and Statement filed September 17 , o N 1901 , as Filing No. 80213. 8 . Easement and right of way for lines of telephone and o a telegraph, as granted to Mountain States Telephone and Telegraph Company by instrument recorded August 6 , 1918 , in Book 512 at Page 312 , affecting the following described property: A 10 foot strip of land adjoining the state highway on the East through the NE1 of Section 31 , Township 6 North, Range 65 West of the 6th P.M. 9. Easement and right of way for electric transmission, distribution and service lines, as granted to Home Light and Power Company by Daisy Adams and Lee Adams , in the instrument recorded October 19 , 1959, in Book 1542 at Page 561 , affecting the following described property: The NEaNW4 of Section 31 , Township 6 North, Range 65 West of the Sixth Principal Meridian, the approximate center line of which right of way is more particularly described as follows: 870479 B 1163 REC 04106697 07/10/87 16: 36 ` ,50. 00 3/004 F 0204 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ,t to Beginning at a point thirty (30) feet and one o r (1) foot West of the Northeast corner of said t„ CA Northeast Quarter of the Northwest Quarter co (NEI , NWi) ; thence in a Southerly direction, ti one (1) foot West of and parallel to the East t9 � n boundary of said Northeast Quarter of the 0 Northwest Quarter (NEI , NW}) a distance of z Y fifty (50) feet. z o 10 . Easement and right of way for a water transmission or m rn distribution line or system, as granted to the North Weld County m Water District, a Statutory District, by W. M. Stockover and CD W Lucille P . Stockover, in the instrument recorded January 28 , 1964 , m in Book 505 as Reception No. 1427562 , affecting the following F,- described property: z --J nco r --3 A twenty (20) foot easement, the centerline o£ m which is more particularly described as W '- follows: ~ o, .. N Commencing at a point of beginning, said point W ^' being on the Westerly Right-of-way lane of the o County Road, a distance of 40 feet South and 0 distance of 30 feet West of the Northeast (NE) e corner of Section 31 , Township 6 North, Range z o 65 West of the Sixth Principal Meridian; E o thence Westerly along a line parallel to the tm'a Northerly Section line of said Section 31 , a O distance of 1 ,500 feet, more or less . 0 W 11 . Oil and gas lease between Monfort Feed Lots , a Division of o Monfort of Colorado, Inc. , a Delaware Corporation and The Colton o it- Company, dated April 18 , 1979 , recorded June 1 , 1979 , in Book 870 as Reception No. 1792317 , and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106 , by H & C Colton Company, recorded November 3 , 1986 , in Book 1134 as Reception No. 2075692 , and by Sunshine Valley Petroleum Corporation, recorded January 20 , 1987 , in Book 1143 as Reception No. 2085386 and January 27 , 1987 , in Book 1144 as Reception No. 2086072 . 12 . Easement and right-of-way for a pipeline or pipelines , or other appurtenances , as granted to Natural Gas Associates , a Colorado Partnership by Monfort Feed Lots , Inc. , (Also known as Monfort of Colorado, Inc. ) , a Delaware Corporation, in the instrument recorded February 17 , 1984 , in Book 1021 as Reception 870479 B 1163 REC 0.106697 07/10/87 16: 36 ,50. 00 4/004 F 0205 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO it to No. 1956513 , the location of which is shown in the map attached to said instrument. (Affects NE a) O 0 J 13. Easement and right-of-way for a pipeline or pipelines, or other appurtenances , as granted to Natural Gas Associates , Inc. , a m n Delaware Corporation by Monfort of Colorado, Inc. , a Delaware Corporation , in the instrument recorded February 5 , 1986 , in Book z 1102 as Reception No. 2041858 , the location of which is shown in z the map attached to said instrument. —4 (Affects W' NE4) til H 03 H H Z r tn] xH H N ",d N to n 0 [.yr u M 0 o r O n 0 0 no o 97®479 AR2104004 AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE INCLUDING LAND AND ALL IMPROVEMENTS THIS AGREEMENT, made at Greeley, Colorado, this 15th day of June , 1987 , between WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, hereinafter "Purchaser, " and MONFORT OF COLORADO, INC. , a Colorado corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631 , hereinafter "Seller. " WITNESSETH: That in consideration of the payment by the Purchaser to Seller of the sum of THREE HUNDRED SIXTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($368 ,750. 00) , and other good and valuable consideration , Seller agrees to sell to the Purchaser and Purchaser agrees to purchase from Seller the following described real property: The Northeast One-Quarter (NE4) of Section 31 , and the East 2112. 00 feet of the North One-Half (N1) of the North One-Half (10. ) of the Northwest One-Quarter (NWe) of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, which is denoted as "Parcels 1 through 5" on the Land Area Sketch which is attached hereto and is referred to herein as Exhibit "A, " including any and all improvements located thereon. The agreement of sale and purchase of Parcels 1 through 5 is subject to the following conditions: 1 . Seller shall furnish to Purchaser a Warranty Deed covering the surface rights for Parcels 1 through 5 , gravel and all other mineral deposits lying thereunder, but excluding oil and gas. Title insurance will be provided by Seller. 2. Title for Parcels 1 through 5 shall be merchantable in Seller, except as stated in this paragraph and in paragraph 5. Subject 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 for Parcels 1 through 5 to Purchaser on a date certain set by Purchaser, conveying said property free and clear of all taxes, except general taxes for 1987 , payable January 1 , 1988 , and free and clear of all liens for special improvements installed as of the date of Purchaser' s signature hereon, whether assessed or not; free and clear of all liens and encumbrances, and except the recorded and/or apparent easements; subject to all applicable building and zoning regulations; and including gravel and all other mineral deposits, but reserving to the Seller all oil and gas . B 1160 REC 02104004 06/18/87 11: 54 X0.00 1/027 F 1402 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 1 of 5 Pages 870479 3. General taxes for the year 1987 shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment. 4 . The date of closing shall be the date of delivery of deed as provided in paragraph 2. The hour and place of closing shall be designated by Purchaser. Purchaser shall pay the sum of THREE HUNDRED SIXTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($368 ,750 . 00) to Seller at the time of the delivery of the warranty deed and quit claim deed. 5 . Except as stated in paragraphs 2 and 6 and this paragraph , if title for Parcels 1 through 5 is not merchantable and written notice of defect (s) is given by Purchaser or Purchaser' s agent to Seller or Seller' s agent on or before the date of closing, Seller shall use reasonable efforts to correct said defect (s) prior to the date of closing. If Seller is unable to correct said defect (s) on or before the date of closing, at Seller' s option and upon written notice to Purchaser or Purchaser' s agent on or before the date of closing, the date of closing shall be extended thirty (30) days for the purpose of correcting said defect (s) . Except as stated in paragraph 6, if title for Parcels 1 through 5 is not rendered merchantable as provided in this paragraph 5 , at Purchaser' s option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser provided, however, that in lieu of correcting such defect (s) . Seller may, within said thirty (30) days, obtain a commitment for a title insurance policy in the amount of the purchase price and the Purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title. The Seller shall pay the full premium for such title insurance policy. 6. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source; provided , however, at the option of either party, if the total indebtedness secured by the liens on the property exceeds the purchase price, this contract shall be void and of no effect, and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 7 . Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored, or tendered when due, or if any other obligation hereunder is not performed as herein provided , there shall be the following remedies: B 1160 REC 02104004 06/18/87 11 : 54 $0. 00 2/027 F 1403 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 2 of 5 Pages 8'70479 (a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated , in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damage as may be proper, or (2) Purchaser may elect to treat 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, (1) Seller may elect to treat this contract as terminated , in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect 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. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expenses, including attorney' s fees. 8 . Possession of Parcels 1 through 5 shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies, except the Agricultural Lease dated January 1 , 1987, between Seller and Paul Hoshiko, d/b/a Hoshiko Farms, Inc. , a copy of which is attached hereto and is referred to herein as Exhibit "B; " except the Agricultural Lease dated January 1 , 1987, between Seller and Ferman Rodriguez , a copy of which is attached hereto and is referred to herein as Exhibit "C; " and except the Oil and Gas Lease dated April 18, 1979 , between Seller and the Colton Company, a copy of which is attached hereto and is referred to herein as Exhibit "D. " 9 . The Seller represents and warrants as of the day hereof and as of the date of the closing that neither the execution of this contract nor the consummation of the transaction provided for herein constitutes , or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under, any indenture, charter, bylaw, mortgage , loan agreement , lien, lease , license, judgment, decree, order, instrument or other verbal or written agreement to which Seller is a party of or is subject to, or to which the property is subject to, except as provided herein. 10 . In the event the property is substantially damaged by fire, flood, or other casualty between the date of this contract and the date of delivery of the Deed, Purchaser may elect to B 1160 REC 02104004 06/18/87 11: 54 y0. 00 3/027 F 1404 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 3 of 5 Pages E3,70479 terminate this contract; in which case, all payments and things of value received hereunder shall be returned to Purchaser. 11. Purchaser agrees to allow Seller and/or Seller' s lessees access to Parcels 1 through 5 , to and including December 31 , 1987 , for the purpose of completing any and all tasks necessary for the growing and harvesting of crops planted by Seller and/or Seller' s tenants on said Parcels as of the date of this Agreement, pursuant to the Agricultural Leases which are attached hereto and are referred to herein as Exhibits "B" and "C. " 12 . Purchaser agrees to allow Seller and/or Seller' s lessee' s access to Parcels 1 through 5 for the purpose of extracting oil and gas , pursuant to the Oil and Gas Lease which is attached hereto and is referred to herein as Exhibit "D, " and pursuant to any and all future oil and gas leases . Seller promises to require lessees of all future oil and gas leases with Seller to execute surface use agreements with Purchaser prior to entering the Parcels 1 through 5. 13. All of the conditions stated herein shall be in full force and effect, not withstanding the conveyance of Parcels 1 through 5 by Warranty Deed as outlined in paragraph 2 above, and shall not merge with said Warranty Deed. 14 . Purchaser hereby grants to Seller an easement for the purpose of depositing tail-water onto Parcel 5 , but this grant shall in no way obligate Purchaser to keep the detention pond which is located on Parcel 5 . WITNESSETH: That in further consideration of the payment stated above, Seller shall provide to Purchaser a Quit Claim Deed for the following: The West 528 feet of the North One-Half (Nh) of the North One-Half (N1) of the Northwest One-Quarter (Nigh) of Section 31 , Township 6 North , Range 65 West of the 6th P.M. , Weld County, Colorado, which is denoted as "Parcel 6" on Exhibit "A; " any and all rights Seller may own in the tail-water that flows onto any or all of Parcels 1 through 5; and any and all easements which benefit Parcels 1 through 5 and direct the flow of said tail-water across properties lying to the south of Weld County Road 64 . Seller shall deliver said Quit Claim Deed to Purchaser on the date of closing as provided in paragraph 4 above. Said Quit Claim Deed shall include the surface rights of said property, gravel , and other mineral deposits lying thereunder, but shall exclude oil and gas . B 1160 REC 02104004 06/18/87 11: 54 10. 00 4/027 F 1405 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 4 of 5 Pages 870479 IN WITNESS HEREOF, the parties hereto have subscribed their names this 15/thday�t of� �June , 1987 • ATTEST: Ou. `i 'd `" ' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County lerk and Recorder d Clerk to the Bo o By: B r an o rchaser Deputy County Cl rk (The following section to be completed by Seller) Signed this AgrA day of 2,. .4,r? , 1987. MONFORT OF COLORADO, INC. , Seller ��p� Q By:_�� ' _ o /,-zr� Title: A, 1/: ?: , ,........ , SU IBED AND SWORN to before me this BSc. •M... ��,e/ , 1987. _ d ?°' WI ESS my hand and official seal. 16 b1C1‘ 72.0 2. 0 . Notary Public My commission expires: My Commission Expires Aug. 8, 1988 B 1160 REC 02104004 06/18/87 11: 54 0. 00 5/027 F 1406 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 5 of 5 Pages 870479 LAND AREA SKETCH Scale : 1" = 1 , 000 ' WELD COUNTY ROAD #64 ("O" Street) PARCEL #6 Ac . ±72 Mumper (4650) 5 , 280 ' i Corner +1 kf� u Residenc# (4690) (4700) 0 PARCEL nr7 I PARCEL #1 o N •� " � •• Irrigated / Water Detentiod PorYd . --27 Ac. ± Farmland 1/49 32 AC . ± 1(4670) I oil/gas well I Truck Wash 2 , 640I ± I PARCEL #3 26 Ac . ± .. L—. Pasture & +1 Z o Ditch �� WastelanL o (4660) a, PARCEL #2 103 Ac . ± Irrigated Farmland Pone 2 , 640 ' ± (4650) PARCEL #4 4 Ac. ± ( ) Denotes approx. Elevation above sea level DWN BY: Michael C. Marion, MAI 4/87 • B 1160 REC 02104004 06/18/87 11:54 0. 00 6/027 F 1407 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" • • 870479 AGRICULTURAL LEASE This Agricultural Lease (hereinafter referred to as the "Lease") , made and entered into this 1st day of January, 1987, is by and between MONFORT FEED LOTS: a division of MONFORT OF COLORADO, INC. (hereinafter referred to as "MONFORT") , and Paul Hoshiko, d/b/a Hoshiko Farms, Inc. , 28607 Weld County Road #50, Kersey, Colorado, 80644, (hereinafter referred to as "LESSEE") . WITNESSETH, that subject to MONFORT'S right to terminate by reason of LESSEE'S default, MONFORT has this day leased to LESSEE farm property and irrigation equipment (hereinafter referred to as the "Premises") described in Exhibit A attached hereto for a term commencing on the 1st day of January, 1987, until completion of the harvest or December 31, 1987, whichever occurs sooner, upon the terms and conditions as follows, and with the understanding that this lease is not renewable. MONFORT and LESSEE further covenant and agree: (1) This lease shall not be construed as creating a partner- ship or joint venture. Neither party shall be liable for debts or obligations incurred by the other. Except as otherwise herein provided, this Lease and its terms shall bind and inure to the respective heirs, executors, administrators, assigns, and successors of the parties hereto. (2) LESSEE agrees to perform and observe the following stipulations: (a) LESSEE shall use the Premises for farming purposes and shall not use the Premises for any other purposes. LESSEE shall not assign or sublet the Premises nor make any change or improvement to the real property and/or improvements thereon without the prior written consent of MONFORT. All coal, oil, gas, minerals and mineral rights and/or sporting (hunting and fishing) rights shall be reserved to MONFORT'S control. (b) LESSEE shall devote the necessary time and best efforts to the farming and operation of the Premises in a timely, thorough and workman-like manner. (c) LESSEE shall follow crop and tillage practices generally recognized as best in the locality of the Premises. B 1160 REC 02104004 06/18/87 11: 54 X0.00 7/027 F 1408 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1 EXHIBIT "B" 870479 (d) LESSEE shall guard and at LESSEE'S sole cost keep in repair the Premises, including but not limited to all buildings, gates, pumps and well fixtures, gaited irrigation pipe, if any, laterals and ditches, if any, fences, vines, trees and shrubbery. In addition, at LESSEE'S cost, LESSEE shall cut or spray and destroy all noxious weeds, take reasonable care to prevent soil-washing, keep all tile inlets and ditches in working order, and in all respects care for MONFORT'S property in such manner as to return it at the termi- nation of this Lease in as good condition as to fer- tility of soil and condition of improvements as at the beginning of the term, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements excepted. (e) LESSEE shall clean the Premises in the Spring and Fall during the term of this Lease. (f) LESSEE shall furnish and provide adequate equipment and labor, provide first-class seed for specified crops (unless otherwise agreed in writing) , and prepare the ground, plant, tend the crop, harvest and deliver to market (unless otherwise agreed in writing) , in a manner consistent with accepted practices of the local farming industry. (g) LESSEE shall irrigate the crops as often as required and in due season to the full extent which the available water supply shall permit and in a commonly accepted manner without unnecessary waste. MONFORT will supply water for irrigation as it is available and in the sole discretion of MONFORT. Unless otherwise agreed in writing, LESSEE shall not hold MONFORT responsible for any shortage or an excess of water for irrigation purposes. MONFORT shall charge LESSEE and LESSEE shall be responsible to pay to MONFORT 25% of any electrical pumping charges as incurred (unless otherwise agreed to in writing) . (h) LESSEE shall be responsible to clean and maintain all secondary irrigation ditches and laterals upon the Premises and to do his proportionate part of cooperative cleaning and maintenance of ditches and laterals used jointly with others. (i) LESSEE shall be responsible to obtain proper certification/licenses before using pesticides, herbicides or other chemicals subject to such restrictions. B 1160 REC 02104004 06/18/87 11: 54 X0. 00 8/027 F 1409 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 2 870479 (j) LESSEE shall be responsible to pickup, haul and spread upon the Premises such manure as is allocated by MONFORT from its feedlots to the Premises, or to obtain sufficient manure from other sources to perform its obligations under sub paragraph (f) . (k) LESSEE shall cut and/or control all weeds along the highways, roadways, and ditches and fences upon the Premises before the seed thereof matures. (3) MONFORT agrees to perform and observe the following stipulations: (a) MONFORT shall pay all ditch assessments providing for surface water and delivery to ditch facilities serving the Premises. (b) MONFORT shall pay the landlord's crop share of the cost of all necessary insecticides, herbicides, and chemical fertilizer applied to the crops including aerial application (if such is deemed necessary in the sole discretion of MONFORT) . (c) MONFORT shall pay fifty percent (50%) of the cost of fuels and one hundred percent (100%) of the cost of chemicals applied, if necessary, for weed control along highways, roadways, ditches, and fences bordering the Premises. (4) The division of specific crops between MONFORT and LESSEE will be as noted in the following table. Special provisoes also shall be noted. CROPS EST. ACRES MONFORT/LESSEE NOTES 3 ONIONS ‘5.0 f �+ t z BEANS (, (.0 3 3 B 1160 REC 02104004 06/18/87 11: 54 y0. 00 9/027 F 1410 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • 3 870479 CORM 4SKU-er) 2-L . 0 h{0 % L0 % Aortae"' p rove des( taskkt Om% op seems ACR ( 4.0 40% (D0 (Addendum to this list may be attached) . fit HONFORTS MONFORT reserves the discretionary right specify the manner in Share which all crops grown by LESSEE are to be `ar -tcd and marketed. MONFORT reserves all rights to all cropproducts including (but not limited to) beet tops, straw, fall and intcr pasturage, and manure credits. In the event MONFORT does not make known to LESSEE its desire with respect to the marketing of crops grown on the Premises, then in that event only, LESSEE shall sell the crops at the best market price, and a joint check payable to MONFORT and LESSEE shall be taken from the Purchaser thereof. Crop harvesting and delivery to market shall be the responsibility of LESSEE. (5) MONFORT and LESSEE agree further with respect to the operation of the Premises pursuant to this Lease: (a) On or before the fifteenth day of June, LESSEE shall submit to MONFORT, for MONFORT' S approval, a crop report specifying among other things, crops, acreages and soil treatments pertaining to the year's operation. (b) Upon MONFORT'S request, LESSEE shall participate in any applicable soil conservation or other Government program developed to aid agriculture. Having entered into any such program, LESSEE agrees to comply and operate the Premises in compliance therewith. Upon LESSEE'S failure so to do, LESSEE agrees to indemnify and reimburse MONFORT for any loss (including benefits and penalties) which MONFORT may suffer by reason of such failure. B 1160 REC 02104004 06/18/87 11: 54 80. 00 10/027 F 1411 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 4 870479 (c) LESSEE shall not be entitled to any compensation for Fall plowing or other field preparation for the ensuing year unless such work is approved by MONFORT in advance and in writing. (6) MONFORT and LESSEE agree further with respect to the termination of this Lease: (a) If LESSEE shall fail to do and perform each of the undertakings by him agreed in manner and quantity herein provided and at the time herein provided, which time is considered the essence of this Lease, or if death or disability, mental or financial incapacity shall prevent him from so doing, or if any other situation shall arise which makes it impossible for LESSEE to so perform, then, and in any such event, MONFORT, may, at its election, with or without notice to LESSEE, declare this Lease forfeited and terminated, and again by itself or its agent, re-occupy the Premises and maintain any suit in ejectment or unlawful detainer without previous demand made therefor, which demand is expressly waived by LESSEE. (b) Upon the termination of this Lease by expiration of its term, an accounting shall be had between the parties. Until payment of any cash/crop balance which the accounting may establish as due from LESSEE to MONFORT, LESSEE shall not remove his equipment, tools, and his share of crops, if any, from the property. Until such payment, LESSEE'S property shall be suject to MONFORT'S lien herein established. (c) LESSEE agrees peaceably to deliver up possession of the property at the end of the term or upon sooner termination by Monfort for the breach or nonperformance of any of LESSEE'S undertakings, in as good order as when received, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements, excepted. (d) LESSEE agrees to assume all risks and liability for accidents for himself, his family, his servants/agents in pursuance of the farming and other operations contemplated hereunder. MONFORT shall not be liable for, and LESSEE hereby waives, renounces, and releases all claims, demands, and causes of action for damages to person or property of every kind and character, sustained or suffered B 1160 REC 02104004 06/18/87 11: 54 ,50. 00 11/027 F 1412 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 5 870479 by LESSEE or those claiming by or through him, and LESSEE shall protect, indemnify and save harmless MONFORT of and from all claims, loss, and damage (including attorney's fees) it may suffer arising out of the farming and other operations contemplated hereunder. (7) LESSEE shall not assign this Lease without the prior written consent of MONFORT thereto. (8) In the event LESSEE breaches this Lease or is in default hereunder, then in that event, LESSEE shall not remove any of the commodities raised on the Presmises, nor sell the same or any part thereof. If, in the event of LESSEE'S breach or default hereunder, any commodities raised on the Premises during said term shall be removed, or any attempt is made to remove same by any person or persons, or if LESSEE shall sell or attempt to sell said commodities, or any part thereof, or if the same, or any part thereof, shall be claimed or attached or levied upon by execution or claimed by any other person or persons, upon any pretense whatsoever, MONFORT shall have the right to enter the Premises, and to take possession of said commodities, wherever the same may be found, and to remove the same and sell the same or any part thereof at private or public sale, and to apply the proceeds thereof to the payment of expenses and costs of carrying out the provisions of this Lease and the payment of any amounts due and owing to LESSOR hereunder. If the commodities shall not be sufficiently matured for harvesting, MONFORT shall have the right to cultivate the same, or any part thereof, and sell the same thereafter as provided herein. (9) LESSEE agrees that MONFORT'S statutory lien against LESSOR'S share of the commodities produced on the farm for the faithful performance of LESSEE'S undertakings, is expressly reserved. (10) MONFORT shall have the right to enter upon the Premises at any time, with or without notice to LESSEE, for the purposes of inspecting the same or showing the same to prospective purchasers. MONFORT further reserves the right for itself, its agents, representatives, assigns, employees and all other persons claiming by, from, through or under them and at all times, to enter upon the Premises to inspect the crops and to protect itself against loss occasioned by any negligence of the LESSEE and to secure itself all benefits to which it is entitled under the terms and conditions of this Lease and all such entries shall be without opposition or interference from LESSEE. (11) Failure of MONFORT to insist upon the performance of any of the terms, conditions or covenants of this LEASE, or the failure to exercise any of the provisions herein contained shall not be construed as thereafter waiving any other covenants, conditions, rights or privi- leges. B 1160 REC 02104004 06/18/87 11 : 54 ,LO. 00 12/027 F 1413 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 6 870479 (12) Additional agreements: (describe herein any buildings or improvements specifically leased to LESSEE) . a (13) The obligations of the LESSEE hereunder shall be joint and several. IN WITNESS HERETO, the said parties have hereunto subscribed, their names, and signed a duplicate, the day, month and year first above written. MONFORT OF COLORADO, INC. LESSEE B 1160 REC 02104004 06/18/87 11: 54 S0.00 13/027 F 1414 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 7 870479 ADDENDUM This Addendum is entered into of even date with that certain AGRICULTURAL LEASE between Monfort Feedlots, a division of Monfort of Colorado, Inc. , (Lessor therein) and Paul Hoshiko, d/b/a Hoshiko Farms, Inc. , 28607 Weld County Road #50, Kersey, Colorado, 80644, (Lessee therein) , which Agricultural Lease is attached hereto and incorporated herein by reference. Notwithstanding anything to the contrary contained in said Agricultural Lease, Lessee and Lessor therein understand and agree that as a condition precedent to the effectiveness of any and all of the terms of the said Agricultural Lease, Lessee shall present to Lessor, on or before March 1, 1987, evidence in form satisfactory to Lessor, establishing that Lessee has financing from a lending institution satisfactory to Lessor, on terms and in an amount sufficient to enable Lessee to perform all of the obligations of the Lessee contained in said Agricultural Lease and to perform all of the activities of the Lessee as contemplated thereunder. In addition, Lessee agrees to execute any and all documents required by Lessor to perfect its lien and evidence its interest in and to its share of the crops produced by the Lessee in accordance with the terms of the said Lease. i ��Gew6o' LESS LESSEE DATED •/2-() /el DATED cp"../6 WITNESS At., thr/_--K, WITNESS B 1160 REC 02104004 06/18/87 11: 54 X0. 00 14/027 F 1415 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870479 EXHIBIT A to AGRICULTURAL LEASE Land Description with respect to Agricultural Lease between Monfort of Colorado, Inc. ("Lessor") and Paul Hoshiko ("Lessee") Common Name of Farm(s) Parcel # Description Peterson 15 25 Acres Adams 3 E1/2 SE' of Sec. 30, TWP. 6N, R65W Hood 4 E1/4 NEti of Sec. 30, & Parcel in NW`s SW1 of Sec. 29, all in TWP. 6N R65W Approximately 166 crop acres. Inventory of Gaited Pipe 17 pieces 10" gaited pipp. B6' long 1 gaitti pipe t. B 1160 REC 02104004 06/18/87 11: 54 0. 00 15/027 F 1416 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870479 • ti AGRICULTURAL LEASE This Agricultural Lease (hereinafter referred to as the "Lease") , made and entered into this 1st day of January, 1987, is by and between MONFORT FEED LOTS: a division of MONFORT OF COLORADO, INC. (hereinafter referred to as "MONFORT") , and Ferman Rodriquez, 2544 East 8th Street, Greeley, Colorado, 80631, (hereinafter referred to as "LESSEE") . WITNESSETH, that subject to MONFORT'S right to terminate by reason of LESSEE'S default, MONFORT has this day leased to LESSEE farm property and irrigation equipment (hereinafter referred to as the "Premises") described in Exhibit A attached hereto for a term commencing on the 1st day of January, 1987, until completion of the harvest or December 31, 1987, whichever occurs sooner, upon the terms and conditions as follows, and with the understanding that this lease is not renewable. MONFORT and LESSEE further covenant and agree: (1) This lease shall not be construed as creating a partner- ship or joint venture. Neither party shall be liable for debts or obligations incurred by the other. Except as otherwise herein provided, this Lease and its terms shall bind and inure to the respective heirs, executors, administrators, assigns, and successors of the parties hereto. (2) LESSEE agrees to perform and observe the following stipulations: (a) LESSEE shall use the Premises for farming purposes and shall not use the Premises for any other purposes. LESSEE shall not assign or sublet the Premises nor make any change or improvement to the real property and/or improvements thereon without the prior written consent of MONFORT. All coal, oil, gas, minerals and mineral rights and/or sporting (hunting and fishing) rights shall be reserved to MONFORT'S control. (b) LESSEE shall devote the necessary time and best efforts to the farming and operation of the Premises in a timely, thorough and workman-like manner. (c) LESSEE shall follow crop and tillage practices generally recognized as best in the locality of the Premises. B 1160 REC 02104004 06/18/87 11:54 X0. 00 16/027 F 1417 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "C" 1 870479 (d) LESSEE shall guard and at LESSEE'S sole cost keep in repair the Premises, including but not limited to all buildings, gates, pumps and well fixtures, gaited irrigation pipe, if any, laterals and ditches, if any, fences, vines, trees and shrubbery. In addition, at LESSEE'S cost, LESSEE shall cut or spray and destroy all noxious weeds, take reasonable care to prevent soil-washing, keep all tile inlets and ditches in working order, and in all respects care for MONFORT'S property in such manner as to return it at the termi- nation of this Lease in as good condition as to fer- tility of soil and condition of improvements as at the beginning of the term, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements excepted. (e) LESSEE shall clean the Premises in the Spring and Fall during the term of this Lease. (f) LESSEE shall furnish and provide adequate equipment and labor, provide first-class seed for specified crops (unless otherwise agreed in writing) , and prepare the ground, plant, tend the crop, harvest and deliver to market (unless otherwise agreed in writing) , in a manner consistent with accepted practices of the local farming industry. (g) LESSEE shall irrigate the crops as often as required and in due season to the full extent which the available water supply shall permit and in a commonly accepted manner without unnecessary waste. MONFORT will supply water for irrigation as it is available and in the sole discretion of MONFORT. Unless otherwise agreed in writing, LESSEE shall not hold MONFORT responsible for any shortage or an excess of water for irrigation purposes. MONFORT shall charge LESSEE and LESSEE shall be responsible to pay to MONFORT 25% of any electrical pumping charges as incurred (unless otherwise agreed to in writing) . (h) LESSEE shall be responsible to clean and maintain all secondary irrigation ditches and laterals upon the Premises and to do his proportionate part of cooperative cleaning and maintenance of ditches and laterals used jointly with others. (i) LESSEE shall be responsible to obtain proper certification/licenses before using pesticides, herbicides or other chemicals subject to such restrictions. B 1160 REC 02104004 06/18/87 11 :54 ”. 00 17/027 F 1418 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 2 820479 (j) LESSEE shall be responsible to pickup, haul and spread upon the Premises such manure as is allocated by MONFORT from its feedlots to the Premises, or to obtain sufficient manure from other sources to perform its obligations under sub paragraph (f) . (k) LESSEE shall cut and/or control all weeds along the highways, roadways, and ditches and fences upon the Premises before the seed thereof matures. (3) MONFORT agrees to perform and observe the following stipulations: (a) MONFORT shall pay all ditch assessments providing for surface water and delivery to ditch facilities serving the Premises. (b) MONFORT shall pay the landlord's crop share of the cost of all necessary insecticides, herbicides, and chemical fertilizer applied to the crops including aerial application (if such is deemed necessary in the sole discretion of MONFORT) . (c) MONFORT shall pay fifty percent (50%) of the cost of fuels and one hundred percent (100%) of the cost of chemicals applied, if necessary, for weed control along highways, roadways, ditches, and fences bordering the Premises. (4) The division of specific crops between MONFORT and LESSEE will be as noted in the following table. Special provisoes also shall be noted. • CROPS EST. ACRES MONFORT/LESSEE NOTES 7 /o yam Ga�3;, -,Le-,r ao; of-1"Y .S 7. i ad o So y 7,0 B 1160 REC 02104004 06/18/87 11: 54 X0. 00 18/027 F 1419 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 3 870479 -`6l- ° /7.7 -V6Z (Addendum to this list may be attached) . MONFORT reserves the discretionary right to specify the manner in which all crops grown by LESSEE are to be harvested and marketed. MONFORT reserves all rights to all crop by-products including (but not limited to) beet tops, straw, fall and winter pasturage, and manure credits. In the event MONFORT does not make known to LESSEE its desire with respect to the marketing of crops grown on the Premises, then in that event only, LESSEE shall sell the crops at the best market price, and a joint check payable to MONFORT and LESSEE shall be taken from the Purchaser thereof. Crop harvesting and delivery to market shall be the responsibility of LESSEE. (5) MONFORT and LESSEE agree further with respect to the operation of the Premises pursuant to this Lease: (a) On or before the fifteenth day of June, LESSEE shall submit to MONFORT, for MONFORT'S approval, a crop report specifying among other things, crops, acreages and soil treatments pertaining to the year's operation. (b) Upon MONFORT'S request, LESSEE shall participate in any applicable soil conservation or other Government program developed to aid agriculture. Having entered into any such program, LESSEE agrees to comply and operate the Premises in compliance therewith. Upon LESSEE'S failure so to do, LESSEE agrees to indemnify and reimburse MONFORT for any loss (including benefits and penalties) which MONFORT may suffer by reason of such failure. B 1160 REC 02104004 06/18/87 11: 54 “0. 00 19/027 F 1420 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 4 870479 • (c) LESSEE shall not be entitled to any compensation for Fall plowing or other field preparation for the ensuing year unless such work is approved by MONFORT in advance and in writing. (6) MONFORT and LESSEE agree further with respect to the termination of this Lease: (a) If LESSEE shall fail to do and perform each of the undertakings by him agreed in manner and quantity herein provided and at the time herein provided, which time is considered the essence of this Lease, or if death or disability, mental or financial incapacity shall prevent him from so doing, or if any other situation shall arise which makes it impossible for LESSEE to so perform, then, and in any such event, MONFORT, may, at its election, with or without notice to LESSEE, declare this Lease forfeited and terminated, and again by itself or its agent, re-occupy the Premises and maintain any suit in ejectment or unlawful detainer without previous demand made therefor, which demand is expressly waived by LESSEE. (b) Upon the termination of this Lease by expiration of its term, an accounting shall be had between the parties. Until payment of any cash/crop balance which the accounting may establish as due from LESSEE to MONFORT, LESSEE shall not remove his equipment, tools, and his share of crops, if any, from the property. Until such payment, LESSEE'S property shall be suject to MONFORT'S lien herein established. (c) LESSEE agrees peaceably to deliver up possession of the property at the end of the term or upon sooner termination by Monfort for the breach or nonperformance of any of LESSEE'S undertakings, in as good order as when received, ordinary wear, depreciation, and loss or damage to the improvements by fire or by the elements, excepted. (d) LESSEE agrees to assume all risks and liability for accidents for himself, his family, his servants/agents in pursuance of the farming and other operations contemplated hereunder. MONFORT shall not be liable for, and LESSEE hereby waives, renounces, and releases all claims, demands, and causes of action for damages to person or property of every kind and character, sustained or suffered B 1160 REC 02104004 06/18/87 11: 54 X0. 00 20/027 F 1421 MARY ANN FEUERSTEIN CLE CO, CO 5 870479 by LESSEE or those claiming by or through him, and LESSEE shall protect, indemnify and save harmless MONFORT of and from all claims, loss, and damage (including attorney's fees) it may suffer arising out of the farming and other operations contemplated hereunder. (7) LESSEE shall not assign this Lease without the prior written consent of MONFORT thereto. (8) In the event LESSEE breaches this Lease or is in default hereunder, then in that event, LESSEE shall not remove any of the commodities raised on the Presmises, nor sell the same or any part thereof. If, in the event of LESSEE'S breach or default hereunder, any commodities raised on the Premises during said term shall be removed, or any attempt is made to remove same by any person or persons, or if LESSEE shall sell or attempt to sell said commodities, or any part thereof, or if the same, or any part thereof, shall be claimed or attached or levied upon by execution or claimed by any other person or persons, upon any pretense whatsoever, MONFORT shall have the right to enter the Premises, and to take possession of said commodities, wherever the same may be found, and to remove the same and sell the same or any part thereof at private or public sale, and to apply the proceeds thereof to the payment of expenses and costs of carrying out the provisions of this Lease and the payment of any amounts due and owing to LESSOR hereunder. If the commodities shall not be sufficiently matured for harvesting, MONFORT shall have the right to cultivate the same, or any part thereof, and sell the same thereafter as provided herein. (9) LESSEE agrees that MONFORT' S statutory lien against LESSOR'S share of the commodities produced on the farm for the faithful performance of LESSEE'S undertakings, is expressly reserved. (10) MONFORT shall have the right to enter upon the Premises at any time, with or without notice to LESSEE, for the purposes of inspecting the same or showing the same to prospective purchasers. MONFORT further reserves the right for itself, its agents, representatives, assigns, employees and all other persons claiming by, from, through or under them and at all times, to enter upon the Premises to inspect the crops and to protect itself against loss occasioned by any negligence of the LESSEE and to secure itself all benefits to which it is entitled under the terms and conditions of this Lease and all such entries shall be without opposition or interference from LESSEE. (11) Failure of MONFORT to insist upon the performance of any of the terms, conditions or covenants of this LEASE, or the failure to exercise any of the provisions herein contained shall not be construed as thereafter waiving any other covenants, conditions, rights or privi- leges. B 1160 REC 02104004 06/18/87 11: 54 X0. 00 21/027 F 1422 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 6 870479 (12) Additional agreements: (describe herein any buildings or improvements specifically leased to LESSEE) . 6e1 . 7 .r (13) The obligations of the LESSEE hereunder shall be joint and several. IN WITNESS HERETO, the said parties have hereunto subscribed their names, and signed a duplicate, the day, month and year first above written. c_oriMA.4� g„ rc MONFORT OF COLORADO, INC. ESSEE B 1160 REC 02104004 06/18/87 11: 54 X0. 00 22/027 F 1423 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870479 • ADDENDUM This Addendum is entered into of even date with that certain AGRICULTURAL LEASE between Monfort Feedlots, a division of Monfort of Colorado, Inc. , (Lessor therein) and Ferman Rodriquez, 2544 East 8th Street, Greeley, Colorado, 80631, (Lessee therein) , which Agricultural Lease is attached hereto and incorporated herein by reference. Notwithstanding anything to the contrary contained in said Agricultural Lease, Lessee and Lessor therein understand and agree that as a condition precedent to the effectiveness of any and all of the terms of the said Agricultural Lease, Lessee shall present to Lessor, on or before March 1, 1987, evidence in form satisfactory to Lessor, establishing that Lessee has financing from a lending institution satisfactory to Lessor, on terms and in an amount sufficient to enable Lessee to perform all of the obligations of the Lessee contained in said Agricultural Lease and to perform all of the activities of the Lessee as contemplated thereunder. In addition, Lessee agrees to execute any and all documents required by Lessor to perfect its lien and evidence its interest in and to its share of the crops produced by the Lessee in accordance with the terms of the said Lease. OR / ig' ESSOR `— // LESSEE DATED 3/z0 e 7 DATED 7f "'` 7 WITNESS //11 jS j` WITNESS ;',-/A-i:7,--!" � B 1160 REC 02104004 06/18/87 11: 54 f0. 00 23/027 F 1424 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 8 70479 EXHIBIT A to AGRICULTURAL LEASE Land Description with respect to Agricultural Lease between Monfort of Colorado, Inc. ("Lessor") and Ferman Rodriquez ("Lessee") . Common Name of Farms Parcels # Description Sargent 1 W1 SE% of Sec. 30, TWP. 6N, R65W Monfort 2 W1 NEB of Sec. 30, TPW. 6N, R65W Tinker 6 Ek NWT of Sec. 30, TWP. 6N, R65W Downs-Rayburn 7 W1 NWZ of Sec. 30, TWP. 6N, R65W Bostrum 8 Wk SW1 of Sec. 30, TWP. 6N, R65W Adams, Lee & Daisy 9 Ek SW1 of Sec. 30, TWP. 6N, R65W Leaver 12 SWk excluding part, in Sec. 19, TWP. 6N, R65W Gooden 18 Part of NWT of Sec. 19, TWP 6N, R65W Brownell 13A W1 NEB excluding part, Sec. 24, TWP. 6N, R66W Nelson 13B Ek NEIL excluding part, Sec. 24, TWP. 6N, R66W Peterson 14 S1 NEB & Wz SE', North of Railroad right of way, Sec. 25, TWP. 6N, R66W Heckman 10 E2 SEA excluding .91 acres in Sec. 25, TWP. 6N, R66W less 11 acres farmed by Fagerberg Stockover 15 NEB Sec. 31 and part of NWo Sec. 31, TWP. 6N, R66W less 25 acres farmed by Hoshiko Approximately 1, 196 Crop Acreage Inventory of Gaited Pipe 43 pieces 10 inch, 30 feet long 58 pieces 8 inch, 30 feet long 18 pieces 6 inch, 30 feet long 6 alfalfa gates B 1160 REC 02104004 06/18/87 11: 54 ,5'0. 00 24/027 F 1425 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO - r.a.t3 `r4r` 419 ^R RI INTEO RY WILKINS PNTIan. c1t .v..cT crux il f o n =4VL rn nO202 i 3031813 1hR Q + Form 88—(Producers) C Rev 1974 OIL AND GAS LEASE Kan..Okla.& Colo. 1957 THIS AGREEMENT, Entered into this tae— 18th day of April -- a 79 between Monfort Feed Lots a Division of Monfort of Colorado, Inc. , a Delaware , Corporation, P. Oa Box G.G, Greeley, Colorado 80631. herein.f ter caned lessor. ,dal The Colton Company, D-204 Petroleum Center, San Antonio,Tex. 782O9rem•ter wheal lessee. does witness'I Thai Into,. for and in consideration of the sum often & mQr_e-Dollars In hand paid and of the covenants and agreements hereinafter contained to be per lammed by the lessee. has this day granted. leased. and let and by these presents does hereby grant. lease. and let exclusively unto the lessee the herein.her deer bed land and with the right to unitise this lease or any part thereof with other ml and gas leases as to all or ant part of the lands co'teed thereby as hereinafter provided for the purpose of c rrvmg on geological. geophysical and other exploratory sort including core drilling. and the drilling. mining. and operating ast lot. g roads. lettingig pipe lines.of the s col. {buildingn power d gasoline sns- telephll onehelrines an others s )therconstituent 5saryo Or said foe constructing for t r r convenient the economical oprrwon of said land alone storing r conjointly with neighboring tondo, to Woduc<, save,and ake tare structures f, and manufacture roll of such substances. and for housing and boarding employees. Said tract of land with any reversionary rights therein being snusted in the County of— Weld state a__ Colorado , . And described as follows: TOWNSHIP 6 NORTH RANGE 65 WEST 6TH P. M. Section 30: Lot 1 (84.48 acs , Lot 2 (84.16 acs.), E/2 W/2 & E/2 ( All ) 650 acres, more or less. Section 31: NE /4 & the North 44.32 acres of the Nis/4 East of the private road and a 1001 right of way over & across the Ni NW4(206.52 acres) ro and containing 856.52 acres, more or less.U G 5. It Is agreed that this lease shall remain in lull force for a term of five Years from this date. and as long thereafter as oil in C) or gas. or either of them. Is produced from said land for from lands with which said land is consolidated I or the premises are being developed or operated. N U 1. In consideration of the premises the said lessee covenants and agrees: To deliver to the credit or lessor. free of cost. In the pipe line to which lessee may connect his wells, the equal one-eighth I VO part of all oil f: produced and saved from the leased premises. O cr.] 4. The lessee shall monthly pay lessor as royalty on gas marketed from each well where gas only is found. one-eighth 14ii of the proceeds if sold at the O "$ well. or if marketed by lessee off the .eased premises. then one-eighth I`i i of Its market value at the well. The lessee shall pay the lessor' 1a1 one-eighth Iasi, of the proceeds received by the lessee from the sale of casinghead gas. produced from any oil well: lb. one-eighth Obi of the value. at the mouth of the well. a computed at the prevailing market price. of the casinghead gas. produced from any oil well and used by lessee oft the leased premises for any purpose or O C4 used on the leased premises by the lessee for purposes other than the development and operation therof. Lessor shall have the privilege at his own risk and 0- [13 expense of using gas from any gas well on said land for stoves and inside lights In the principal dwelling located on the leased premises by making his own O connections thereto. a„ Where gas from • well or wells. capable of producing gas only. Is not sold or used for a period of one year. lessee shall pay or tender as royalty, so O amount equal to the delay rental as provided in paragraph SiI hereof payable annually on the anniversary date of this lease following the end of each such U year during which such gas la not sold or used, and while said royalty Is so paid or tendered this lease shall be held as • producing property under pare- rx] graph numbered two hereof. ,t_ f, aq IX S, If operations for the drilling of • well for oil or gas are not commenced on said land on or before the 18th day of April Uy V) this lease shall terminate as to both parties. unless the lessee shall on or before said date pay or tender to the lessor or for the lessor's credit in the Greeley National sank a Greeley Colorado 80631 , or Its successors, which sank and its sue- HI x etudes are the lessors agent add shall continue as the depository of any and all sums payable under this lease less of changes'1C' of ownership in said 1:4 land or In the oil and gas or in the rentals to accrue hereunder. the sum of Ei gut Hundred Pi ft? Six Pe 52 Qsllars, which shall op- 1ti crate as • rental and cover the privilege of deferring the commencement of operations for drilling for • period of one year. 2n like manner and upon like r- H payments or tenders the commencement of operations for drilling may further be deferred for like periods successively. All payments or tenders may be made by CO U check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying date, either direct to lessor or assigns or to said depository bank and it is understood and agreed that the consideration first recited herein, the down payment. covers not only the privilege granted to the date when z said first rental Is payable as aforesaid. but also the lessee's option of extending that period as aforesaid and any and all other rights conferred. Lessee may CO at any time execute and deliver to lessor, or place of record. • release or releases covering any portion or portions of the above described premises and em H thereby surrender this lease as to such portion or portions and be relieved of all obligations as to the acreage surrendered, and thereafter the rentals \ r1] payable hereunder shall be reduced in the proportion that the acreage covered hereon Is reduced by said release or releases. L:' E O Ile. a. Should the first well drilled on the above described land be a dry hole. then, and In that event. If a second well Is not commenced on said land IX within twelve months from expiration of the last rental period for which rental has been paid. this lease shall terminate as to both parties. unless the lessee on or before the expiration of said twelve months shall resume the payment of rentals in the same amount and in the same manner as hereinbefore 111 provided. And It is agreed that upon the resumption of the payment of rentals. as above provided, that the last preceding paragraph hereof, governing the V1 payment of rentals and the meet thereof shall continue In force Just as though there had been no Interruption in the rental payments. O rs] y. If said lessor owns • less Interest In the above described land than the entire and undivided fee simple estate therein. then the royalties and rentals CD rst herein provided shall be paid the lessor only in the proportion which his interest bears to the whole and undivided fee. However. such rental shall be In- creased at the nest succeeding rental anniversary after any reversion occurs to cover the interest so acquired. O Z Say Z a. The lessee shall have the right to use. free of cost. gas. oil and water found on said land for its operations thereon. except water from the wells of N < the lessor. When required by lessor. the lessee shall bury its pipe lines below plow depth and shall pay for damage caused by Its operations to growing crops O on said land. No well shall.be drilled nearer than 200 feet to the house or barn now on said premises without writtef. consent of the lessor. Lessee shall have the right at any time during. or after the expiration of. this lease to remove all machinery. fixtures homes. buildings and other structures placed on said s}I premises. Including the right to draw and remove all casing Lessee agrees, upon the completion of any lest as a dry hole or upon the abandonment of any U a producing well, to premises to their original contour as near as practicable and to remove all installations within a reasonable time. PO X a. If the estate of either party hereto is assigned i and the privilege of assigning In whole or In part Is expressly allowed I.the covenants nereof shall extend to the heirs. devisees, executors, administrators, successors, and assigns, but no cnange of ownership In the land or In the rentals or royalties or say sum O 'e due under this lease shall be binding on the lessee until it has been furnished with either the original recorded instrument of conveyance or • duly certified • N Mpg thereof or • certified copy Of the will of any deceased owner and of the probate thereof, or certified ropy of the proceedings showing appointment .ol an administrator for the of any deceased owner. whichever Is appropriate. together with all original recorded instruments of conveyance or duly certl- rl all fled copies thereof necessary in showing • complete chain of title back to lessor to the full Interest claimed. and all advance payments of rentals made here- sy v-I under before receipt of said documents shall be binding on any direct or indirect assignee, grantee. devisee. administrator, executor. or heir of lessor. al 11, IS. It is hereby agreed that in the event this lease shall be assigned a to • part or as to parts of the above described land and the holder or owner of any such part or parts shall make default in the payment of the proportionate part of the rent due from him or them. such default shall not operate to defeat or affect this left insofar as It covers • part of said land upon which the lessee or any asssgnee hereof shall make due, payment of said rentals. II. Lessor hereby warrants and agrees to defend the title to the land herein described and agree. that the lessee. at its option, may pay •nd discharge in whole or in part any taxes, mortgages, or other liens existing. levied, or AsseuN on or against the above described lands and. in event it exercises such option. it shall be aubrogated to the rights of any holder or holders thereof and may reimburse itself by applying to the discharge of any such mortgage, tax or other lien, any royalty or rentals accruing hereunder. o it, Notwithstanding anything In this lease contained to the contrary, It Is expressly agreed that if lessee shall commence operations for drilling at any time while this lease is In force, this lease shall remain in force and its terms shall continue so long as such operations are prosecuted and. If production results therefrom, then as long as production continues. If within the primary term of this lease, production on the leased premises shall cease from any came. this leas shall not terminate provided ope- rations for the drilling of a well shall be commenced before or on the next ensuing rental paying date: or. provided lessee begins or resumes the payment of rentals in the and amount hereinbefore provided. If. after the expiration of the primary term of this lease, production on the leased premises shall cease from any cause. this lease shall not terminate provided lessee resumes operations for re-working or drilling a well within sixty Iroi days from such cessation and this lease shall remain in force during the prosecution-of such operations and, If production results therefrom, then ss long as production continues. ❑. lessee Is hereby given the right at Its option. at any time and from time to time, to pool or unitize all or any part or parts of the shove de- scrlbel' land with other land lease, or leases in the immediate vicinity thereof, such pooling to be Into units not exceeding the minimum slit tract on which a well may be drilled under laws, rules. or regulations in force at the time of such pooling or unitization: provided. however, that such units may exceed such minimum by not more than ten acres if such excess Is necessary in order to conform to ownership subdivisions or lease lines. Lessee shall exercise said option. as to each desired unit, by executing and recording an Instrument identifying the unitized area. Any well drilled or operations conducted on any part of each such unit shall be considered • well drilled or operations conducted under this lease, and there shall be allocated to the portion of'the above described land Included in any such unit such proportion of the actual production from all wells on such unit as lessor's interest, if any, in such portion, computed on an acreage basis, bears to the entire acreage of such unit. And It is understood and agreed that the production so allocated shall be coasldered for all purposes. Including the payment or delivery of royalty, to be the entire production from the portion of the above described land In- cluded In such unit .n the same manner as though produced from the above described land under the terms of this lease. lc. This lease and all Its terms. conditions and stipulations shall extend to. and be binding on each of the parties who signs this lease, regardless of whether such lessor is n•med above and regardless or whether it is signed by any of the ether parties herein named as lessor, This lease may be signed In counterparts. each to have the same effect ,f the original MONFORT FEED LOTS, a Division of Monfort of Colorado, a Delaware Corporation IN WITNESS WHEREOF, we sign the day and year first above written. _ Witness: CI ATTEST: -- Ry Jimf(/? f ii Assistant etre 8' Duane E. ack, Vide President EXHIBIT "D" - AR2106696 Recorded at o'cloc k _ __ M., - -_ Reception No— -- -- Recorder. I AR 211071O THIS DEED, Made this day of ,19 87 , hi tcl between Monfort of Colorado, Inc. , a Delaware corporation, taI- rr D\ of of the County of Weld and state of o -i Colorado,ofthefirstpart,andWeld County, Colorado, a body corporate and politic of the t State of Colorado, k n 0 whose legal address is 915 Tenth Street, Greeley, Colorado 80631, > I" z � and state of 0 of the County of Weld 0 Colorado,of the second part, tt❑ --I WITNESSETH,That the said party of the first part,for and in consideration oftt+eenm-e Cil GOOD AND VALUABLE CONSIDERATION MUM= En o to the said party of the first part in hand paid by the said party of the second part,the receipt whereof I-2 co is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these H N presents does remise,release,sell,convey and QUIT CLAIM unto the said party of the second part, its heirs, Z \ successors and assigns,forever,all the right,title,interest,claim and demand which the said part y of the first i s part t' w t has in and to the following described lot or parcel of land situate,lying and being in the y of Weld and State of Colorado,to wit: x I-' 1) That part of the North One-Half(Ni) of the North One-Half (Ni) of the North- F-' a, ,. west One-Quarter (NWk) , Section 31, Township 6 North, Range 65 West of the w 6th P.M. , Weld County, Colorado, lying West of the private road right-of-way, ?ti over and across a strip of land twenty (20) feet wide, as conveyed by Deed no recorded July 28, 1903, in Book 207, at Page 398. 2) Any and all rights first party may own in tail-water flowing onto any or all a u of the properties described in Exhibit "A." 71a• 3) Any and all easements, which benefit any or all of the properties described 0 0 in Exhibit "A" and which direct and/or facilitate the flow of tail-water ta rl across properties lying to the south of Weld County Road 64. d i n oI-, 0 no Ow RECORDER 5 M.,,1eRANOLM AT THE TIME OF RECORDATION, THIS IN- STRUMENT WAS FOUND 10 PE INADEQUATE FOR THE BEST PI 10 TUc.RAPFIIC REPRODUCTION dfCAUSE OF II LEGIBILITY, CARBON OR PHOTO Ix] Ib COPY, DISCCLOR'iO P.4PCR, El<. O I--' 5O al atfacianwocs9mtxeetnibu trismc 1/40 W TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto [,y belonging or in anywise thereunto appertaining, and alF the estate,right,title,interest and claim whatsoever,of the ,K' n said party of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of 0 the second part, its heirs and assigns forever. 2 F' z0 IN WITNESS WHEREOF,The said part y of the first part has hereunto set its hand o, and seal the day and year first above written. el CA MONFORT OF COLORADO, INC. [SEAL] C Wm PiSigned,Sealed and Delive7d in the Presence of [SEAL] H 0 J � Z' /�1Syu ��y 74,,,-,7741. 4(7.6-L. '. rye By: [SEAL] z o 0 co C f- T .c, : J 1 [SEAL] rt .3.,- ,3TATEOt'COLORADO, I 1 • til 91 ss. rn `o-� ; ;. County ofwett, •'�Uvdl�l�� ., R'' .. 1 fore oin instrument was acknowled ed before me this /p '�">` day of ,E V , a py rn 41 g i9- $',by` /t'E.,t)AJE i7.7 /YJDAIFdRTi as Yi65u�tnf. of Moiled o� Cfolaradr,= e,41. ?� I )�/I �• '. 0 My commission expires Ott 2-/ ,198 .Witness my hand and official seal. �._ - � tr l:] ��•. £ c , ,. JI' - th c —51)(24,s-A- �(/ ri Notary Public. n oI- c nc o t No.933.QUITCLAIM DEED.—Bradford Publishing Co.,1824 46 Stout Street,Denver,Colorado(573-5011)-9/77 870473 EXHIBIT "A" Parcel 1 : The Northeast } of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, INCLUDING any and all improvements located thereon and all minerals thereunder, with the exception of oil and gas. w 0 F- - Parcel 2: mm The Northwest } of Section 31 , Township 6 North, Range 65 West of mthe 6th P.M. , Weld County, Colorado., • EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded • N July 28 , 1903 , in Book 207 at Page 398, being more particularly z described as follows: z o The South 120 acres of the Northwest } of Section 31, Township 6 NW rn "4 North, Range 65 West of the 6th P.M. N Cv Also, orn Fa w EXCEPTING THEREFROM a strip of land 20 feet wide over and across o CO Cil ° the Northwest } of Section 31 , Township 6 North, Range 65 West of Hco the 6th P.M. , being more particularly described as follows: syn Z COMMENCING at a point on North line of South 120 acres of NWI of k o CO said Section 31 , a distance of 500 feet East from Northwest corner n N r of said 120 acres, thence North in a direct route to public highway on the line Como, x I• - common to Sections 30 and 31 , Township 6 North, Range 65 West of txj10 a• •• the 6th P.M. M m MAN, Also . m EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded : y of o March 22 , 1927 , in Book 806 at Page 541 , being more particularly N 0 a described as follows: z o All that part of the North } of the North } of the Northwest } of n--- All r � •• o Section 31 , Township 6 North, Range 65 West of the 6th P.M. , lying tyo West of the right of way for a private road, over and across the x r ✓ strip of land 20 feet wide described above, as conveyed by Deed rn b recorded July 28 , 1903, in Book 207 at Page 398. RI ; O N Also W m o EXCEPTING THEREFROM all that part of the Northwest } of said n o o Section 31 lying North of the North line of the South 120 acres of o w said Northwest } , South of the South line of the North } of the a-cr North } of said Northwest } and West of the right of way for a x o private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903, in r o Book 207 at Page 398. o Also EXCEPTING THEREFROM any portion of the Northwest } of said Section Ong 31 which may lie South of the North 44 .32 acres thereof and North 0 of the South 120 acres thereof. n ow 870479 But INCLUDING any and all improvements located thereon an all minerals located thereunder, with the exception of oil and gas. hi 1'1 td m or - - O I-, N H H H 0 0 01 al 1 W 2 n a O ',b N Z H Z O Zr rn o 01 h] J N to 2 a - C C' C J N t] cn O H m bi\ [q \ H HH 2 2 J \ nm nm rJ r J N N vv xC' H .. Q w N Ca o . . W0 n o 6 a C+]¢ N-V t o � o NO b] o t' t-1 a • n n O w o• w \ \ o o no n o Ow pw 870479 . , __ n—t, D,,.e AR21Ub698 B 1163 REC 02106698 07/10/87 16: 37 00. 00 1/005 — F 0206 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2110796 Cam_ 'U uiiinIy Teed 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), partnership(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. a bJ The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to °I__, the property, except for (1)the lien of the general property taxes for (he year of this deed, which the GRANTEE will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations o m and exceptions (4)any outstanding mineral interests shown of record (5)any protective covenants and restric- tions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions" • Pi The specific terms of this deed are: • K n GRANTOR: (Give name's'and place(s) of ,e•.,dence, if the spouse of the owner-grantor is 'pining in this Deed to release homestead rights. • N identify grantors as husband and wife f Z-r I" Z f-1 0 Monfort of Colorado, Inc. , a Delaware Corporation It bia C CO M GRANTEE: (CIve name(s) and addressles) statement of address, including asadable road or street number, is required ) 4 En o Weld County, Colorado, a Body Corporate and Politic of the PH CO State of Colorado I—I• I-1 Z -4 n CO FORM OF CO-OWNERSHIP: (If there are two or more grantees named. they will be considered to take as tenants in common unless r'1 v sane Cs the words",n isnot tenancy.'or words of the e meaning are added in the spare below I X xI—I 1-1 PROPERTY DESCRIPTION: 'Include county and state ) , ,A n See the attached Exhibit "A." Xi O d b7-c Xi o o , h7 0 RECORDER'S MEMORANDUM AT THE TIME OF RECORDATION, THIS IN- t l STRUMENT WAS FOUND TO BE INADEQUATE FOR THE BEST PHOTOGRAPHIC REPRODUCTION n BECAUSE OF ILLEGIBILITY, CARBON OR PHOTO • O 1- COPY, DISCOLORED PAPER. ETC r \ 0 n o o to CONSIDERATION: (The slalemeni of a dollar amount is optional. adequate rnnsideration for the. deed sill be presumed unless this I onves ante is identified as a gift, in any case this comes ante is absolute. final and unconditional ) Good and valuable consideration. RESERVATIONS-RESTRICTIONS: Ill the GRANTOR intends to resen e any ,nlerest in the property or to convey o make appropriateylessthan ensns, or s,sun I if the GRANTOR is restricting the GRANIII 3 rights in the property, i All oil and gas deposits lying thereunder and twenty-three (23) acre feet of water supplied by the Northern Colorado , Water Conservancy District. ADDITIONAL WARRANTY EX CE PT IONS: (Include rnorb;ages being assumed and other matters not covered above.) See the attached Exhibit "B." •..,. 1") f' • ,.'• • / 0 M0NF0RT OF COL RAD0, INC. i ` ig6ed on icy /� , 191— . BY: , - Grantor v t • " a a . • cree..uziai a 'ST/AT,'E or COLORADO ' 1 anip( COUNTY OF WELD ) ss. . 1 Gr The foregoing instrument was acknowledged before me this /CFA day of r� 7 ; 1. by KEti/NETN MON FnRi,as r^lestduc 4 I11tnbrfr 4'Cobrat4 `% . �.b10 N r 4 ='r WITNESS my hand and official seal. /1.,6401 My commission expires: . zf7 /989 Notary Public STATE OF 1 ss COUNTY OF 1 19 The foregoing instrument was acknowledged before me this day of by WITNESS my hand and official seal. My commission expires: Notary Public • 1977 UPDATE LEGAL FORMS C. ' 870 79 NO, 7U7 P.O. BOX 1815, GREELEY, COLORADO PC532 - �` C7 lJY Z7 B 1163 REC 01�'6698 07/10/87 16: 37 ,0. 00 2/005 F 0207 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO im to EXHIBIT "A" ° '~., mm C The Northwest i of Section 31 , Township 6 North, Range 65 West of i< n the 6th P.M. , EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded z July 28 , 1903 , in Book 207 at Page 398 , being more particularly z o described as follows : It The South 120 acres of the Northwest } of Section 31 , Township 6 m a North, Range 65 West of the 6th P.M. m Also, Xi EXCEPTING THEREFROM a strip of land 20 feet wide over and across CI 03 the Northwest i of Section 31 , Township 6 North, Range 65 West of z J the 6th P.M. , being more particularly described as follows : Z COMMENCING at a point on North line of South 120 acres of NWi of ncco said Section 31 , a distance of 500 feet East from Northwest corner m of said 120 acres, z thence North in a direct route to public highway on the line ir ., common to Sections 30 and 31 , Township 6 North, Range 65 West of n> z41- the 6th P.M. m Also EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded o March 22 , 1927 , in Book 806 at Page 541 , being more particularly tt-Cr described as follows: Z 0 All that part of the North 4 of the North i of the Northwest I of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , lying m O West of the right of way for a private road, over and across the d strip of land 20 feet wide described above , as conveyed by Deed n recorded July 28 , 1903 , in Book 207 at Page 398 . o N Also 0 EXCEPTING THEREFROM all that part of the Northwest I of said p til Section 31 lying North of the North line of the South 120 acres of said Northwest I , South of the South line of the North } of the North 4 of said Northwest $ and West of the right of way for a private road, over and across the strip of land 20 feet wide described above , as conveyed by Deed recorded July 28 , 1903 , in Book 207 at Page 398 . Also EXCEPTING THEREFROM any portion of the Northwest } of said Section 31 which may lie South of the North 44 .32 acres thereof and North of the South 120 acres thereof. But INCLUDING any and all improvements located thereon and minerals located thereunder with the exception of oil and gas . 870479 B 1163 REC C-- 06698 07/10/87 16: 37 ,500 3/005 F 0208 MARY IANN FEUERSTEIN CLERK & RECORDER.WELD CO, CO m to EXHIBIT "B" 0 r r r a, a, 1 . Rights or claims of parties in possession not shown by the public records . wn le 2 . Easements , or claims of easements, not shown by the public 0 records . z 0 3 . Discrepancies , conflicts in boundary lines , shortage in area, m N � encroachments , and any facts which a correct survey and inspection q m of the premises would disclose and which are not shown by the public records . m o H m tam H r 4 . Any lien, or right to a lien, for services , labor, or z H material heretofore or hereafter furnished, imposed by law and not n co shown by the public records . r to x 5 . Taxes due and payable; and any tax, special assessments , N charge or lien imposed for water or sewer service, or for any 0 .. N other special taxing district. x ,n til n 6 . Rights of way for county roads 30 feet wide on each side of p section and township lines , as established by order of the Board W of County Commissioners of Weld County, recorded October 14 , 1889 , z o in Book 86 at Page 273 . (Affects NW} only) E o PI 0 7 . Reservation of right of proprietor of any penetrating vein or r lode to extract his ore , in U.S . Patent recorded May 25 , 1892 , in Book 51 at Page 171 . (Affects NWi) no\ 0 8 . Right of way for Butler-Howard Ditches and Drainage System in o N Section 31 , as disclosed by Map and Statement filed May 5 , 1898 , as Filing No. 67246 , and by Agreement recorded May 7 , 1898 , in Book 157 at Page 311 . 9 . Carpenter Seepage Ditch, and any and all rights of way therefore , as evidenced by Map and Statement filed September 17 , 1901 , as Filing No. 80213 . 10 . Easement and right of way for lines of telephone and telegraph, as granted to Mountain States Telephone and Telegraph Company by instrument recorded August 6 , 1918 , in Book 512 at Page 312 , affecting the following described property: A 10-foot strip of land adjoining the state highway on the East through the NEI of Section 31 , Township 6 North, Range 65 West of the 6th P.M. 870479 ^ B 1163 REC r-- 06698 07/10/87 16: 37 ap0. 00 4/005 F 0209 MARY ni4N FEUERSTEIN CLERK & RECORDER WELD CO, CO a to 11 . Easement and right of way for electric transmission, I—. distribution and service lines , as granted to Home Light and Power cn CA 01 Company by Daisy Adams and Lee Adams , in the instrument recorded October 19 , 1959 , in Book 1542 at Page 561 , affecting the t: following described property: I-4 fl O The NE}NW} of Section 31 , Township 6 North, z Range 65 West of the Sixth Principal Meridian, z H the approximate center line of which right of way is more particularly described as follows: tli AI. C co m Beginning at a point thirty (30) feet and one m o (1) foot West of the Northeast corner of said 03 Northeast quarter of the Northwest Quarter H (NE* , NW*) ; thence in a Southerly direction, m one (1) foot West of and parallel to the East t., -4 boundary of said Northeast quarter of the m Northwest quarter (NE$ , NW*) a distance of x H H fifty (50) feet. a •• N 12 . Easement and right of way for a water transmission or m distribution line or system, as granted to the North Weld County 0 Water District, a Statutory District, by W. M. Stockover and v Lucille P. Stockover, in the instrument recorded January 28 , 1964 , O in Book 505 as Reception No. 1427562 , affecting the following o described property: o r A twenty (20) foot easement, the centerline of O which is more particularly described as 0 follows : ` a Commencing at a point of beginning, said point o being on the Westerly Right-of-Way line of the o � County Road, a distance of 40 feet South and a distance of 30 feet West of the Northeast (NE) corner of Section 31 , Township 6 North, Range 65 West of the Sixth Principal Meridian; thence Westerly along a line parallel to the Northerly section line of said Section 31 , a distance of 1 ,500 feet, more or less. 13 . Oil and gas lease between Monfort Feed Lots , a Division of Monfort of Colorado, Inc. , a Delaware Corporation and The Colton Company dated April 18 , 1979 , recorded June 1 , 1979 , in Book 870 as Reception No. 1792317 , and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS , 38-42-106 , by H & C Colton Company, recorded November 3 , 1986 , in Book 1134 as Reception No. 2075692 , and by Sunshine Valley Petroleum Corporation, recorded January 20 , 1987 , in Book 1143 as Reception No. 870479 B 1163 REC 0_06698 07/10/87 16: 37 , 0. 00 5/005 F 0210 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 2085386 and January 27 , 1987 , in Book 1144 as Reception No. 2086072 . hi Cc) ot-t H � O1 CA J J ztmC 0 > ZH Z H O hJ t7 a a • o t+J CoCA• O t-3 Co CrJ � HI-J Z � rw PI x I-• N n O 1-1 b]-Cr. M O $ a M o r e n o to 0 Oton 870479 j1• FORM NO.C-5000 N�) Colorado Region Form 342 r ALTA Owners Policy—Form B—1970 Amended 10-17-70 r 1 ,� Iii POLICY OF TITLE INSURANCE , ISSUED BY ii TRANSAMERICA TITLE INSURANCE COMPANY t 1, ihl , I SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- 1 I li TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS I Ii HEREOF,TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the 1 NCompany, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding 11 1; the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the C' Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: `` 1i t r, 1.Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; i I 1 h 2.Any defect in or lien or encumbrance on such title; h rl 11 1 I, 3.Lack of a right of access to and from the land;or ` 14 j 4. Unmarketability of such title. t n I IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed I, I, and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. '' 14 4 11 11 4 ` ��_�- ---- -_!4J Transamerica Title Insurance Company ,\+1 i11,1C9• 1ift,, -1..' '° ` � " '� 1 By President , - 1 D SA Sitar ,a 'AI By _ s= Secretary kk etr4Aap,er es 870479 Co' , SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting 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 reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power 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, assumed 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 subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interestinsured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or de- The following terms when used in this policy mean: fense is interposed as set forth in (a) above, (ii) in case knowl- (a) "insured": the insured named in Schedule A, and, edge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest,sgainst to any rights or defenses the Company may have as insured, and which might cause loss or damage for which uc the red pera those whoas succeed to the interest om the Company may be liable by virtue of this policy, or (iii) if of chas insured by operation limitedof law to, distinguished distri from title to the estate or interest, as insured, is rejected as un- devisees,devchase including, but not ep se at heirs,next of kin, or marketable. If such prompt notice shall not be given to the survivors, personal representatives, of kin, or Company, then as to such insured all liability of the Company corporate or fiduciary successors. shall cease and terminate in regard to the matter or matters (b) "insured claimant": an insured claiming loss or dam- for which such prompt notice is required; provided, however, age hereunder. that failure to notify shall in no case prejudice the rights of any (c) "knowledge": actual knowledge, not constructive such insured under this policy unless the Company shall be knowledge or notice which may be imputed to an insured by preiudiced by such failure and then only to the extent of reason of any public records. such prejudice. (d) "land": the land described, specifically or by reference (c) The Company shall have the right at its own cost to in Schedule A, and improvements affixed thereto which by law institute and without undue delay prosecute any action or constitute real property; provided, however, the term "land" proceeding or to do any other act which in its opinion may be does not include any property beyond the lines of the area necessary or desirable to establish the title to the estate or specifically described or referred to in Schedule A, nor any interest as insured, and the Company may take any appro- right, title, interest, estate or easement in abutting streets, priate action under the terms of this policy, whether or not roads, avenues, alleys, lanes, ways or waterways, but nothing it shall be liable thereunder, and shall not thereby concede herein shall modify or limit the extent to which a right of liability or waive any provision of this policy. access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or (d) Whenever the Company shall have brought any action other security instrument. or interposed a defense as required or permitted by the pro- " records": those records which by law impart visions of this policy, the Company may pursue any such (f) "public litigation to final determination by a court of competent juris- constructive notice of matters relating to said land. diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. T. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF (e) In all cases where this policy permits or requires the TITLE Company to prosecute or provide for the defense of any action The coverage of this policy shall continue in force as of or proceeding, the insured hereunder shall secure to the Date of Policy in favor of an insured so long as such insured Company the right to so prosecute or provide defense in such retains an estate or interest in the land, or holds an indebted- action or proceeding, and all appeals therein, and permit the ness secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured for chaser from such insured, or so long as such insured shall such purpose. Whenever requested by the Company, such have liability by reason of covenants of warranty made by insured shall give the Company all reasonable aid in any such such insured in any transfer or conveyance of such estate or action or proceeding,in effecting settlement,securing evidence, interest; provided, however, this policy shall not continue in obtaining witnesses, or prosecuting or defending such action force in favor of any purchaser from such insured of either or proceeding, and the Company shall reimburse such insured said estate or interest or the indebtedness secured by a pur- for any expense so incurred. chase money mortgage given to such insured. 4. NOTICE OF LOSS—LIMITATION OF ACTION 3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF In addition to the notices required under paragraph 3(b) CLAIM TO BE GIVEN BY AN INSURED CLAIMANT of these Conditions and Stipulations, a statement in writing (a) The Company, at its own cost and without undue of any loss or damage for which it is claimed the Company delay, shall provide for the defense of an insured in all litiga- is liable under this policy shall be furnished to the Company tion consisting of actions or proceedings commenced against within 90 days after such loss or damage shall have been de- such insured, or a defense interposed against an insured in an termined and no right of action shall accrue to an insured action to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have been in said land. to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damage an alleged defect, lien, encumbrance, or other matter insured shall alsuch i loss ny liabilit r damagty of the Company under this policy against by this policy. as Continued on Front of Back Cover • 870479 FORM NO. C-5000.1 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 6- 1970 (AMENDED 10-17.701 SCHEDULE A Policy No. 8025173 Amount of Insurance$ 368 , 750 . 00 Order No. Date of Policy August 18 , 1987 Sheet I of 5 7 : 00 A.M . • 1. Name of Insured: WELD COUNTY, COLORADO, a Body Corporate and Politic of the State of Colorado 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: WELD COUNTY, COLORADO, a Body Corporate and Politic of the State of Colorado 370479 FORM NO. C-6000-2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 8025173 Sheet 2 of 5 SCHEDULE A—Continued The land referred to in this policy is situated in the State of Colorado, County of Weld , and is described as follows: The Northeast ≤ and the Northwest ≤ of Section 31, Township 6 North, Range 65 West of the 6th P.M. EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded July 28 , 1903 in Book 207 at Page 398, being more particularly described as follows: The South 120 acres of the Northwest 1 of Section 31, Township 6 North, Range 65 West of the 6th P.M. Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and across the Northwest a of Section 31, Township 6 North, Range 65 West of the 6th P.M. , being more particularly described as follows: COMMENCING at a point on North line of South 120 acres of NWa of said Section 31, a distance of 500 feet East from Northwest corner of said 120 acres, thence North in a direct route to public highway on the line common to Sections 30 and 31, Township 6 North, Range 65 West of the 6th P.M. Also EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded March 22, 1927 in Book 806 at Page 541, being more particularly described as follows: All that part of the North 1 of the North 1 of the Northwest n of Section 31, Township 6 North, Range 65 West of the 6th P.M. , lying West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28, 1903 in Book 207 at Page 398. Also EXCEPTING THEREFROM all that part of the Northwest 4 of said Section 31 lying North of the North line of the South 120 acres of said Northwest a, South of the South line of the North 1 of the North 1 of said Northwest a and West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28 , 1903 in Book 207 at Page 398 . Also EXCEPTING THEREFROM any portion of the Northwest ≤ of said Section 31 which may lie South of the North 44 . 32 acres thereof and North of the South 120 acres thereof. 870479 FORM NO. C-6OOO-3B FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B-1970 (AMENDED 10-17-70) 8025173 Sheet 3 of 5 SCHEDULE B This Policy does not 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,not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a cor- rect 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 heretofore or hereafter furnished,imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. _ 6. Rights of way for county roads 30 feet wide on each side of section and township lines, as established by order of the Board of County Commissioners for Weld County, recorded October 14 , 1889 in Book 86 at Page 273. (Affects NWq only) 7 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U. S. Patent recorded May 25, 1892 in Book 51 at Page 171 . (Affects NWa) 8. Right of way for Butler-Howard Ditches and Drainage System in Section 31 as disclosed by Map and Statement filed May 5, 1898 as Filing No. 67246, and by Agreement recorded May 7, 1898 in Book 157 at Page 311. 9 . Carpenter Seepage Ditch, and any and all rights of way therefore, as evidenced by Map and Statement filed September 17, 1901 as Filing No. 80213. 10. Easement and right of way for lines of telephone and telegraph, as granted to Mountain States Telephone and Telegraph Company by instrument recorded August 6, 1918 in Book 512 at Page 312, affecting the following described property: A 10 foot strip of land adjoining the state highway on the East through the NEq of Section 31, Township 6 North, Range 65 West of the 6th P.M. 11. Easement and right of way for electric transmission, distribution and service lines, as granted to Home Light and Power Company by Daisy Adams and Lee Adams, in the instrument recorded October 19, 1959 in Book 1542 at Page 561, affecting the following described property: the NEaNWa of Section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian, the approximate center line of whit right of way is more particularly described as follows: 8704'79 FORM NO. C-6OOO-3C FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B-1970 (AMENDED 10-17-70) 8025173 Sheet 4 of 5 SCHEDULE B—Continued Beginning at a point thirty (30) feet and one (1) foot West of the Northeast corner of said Northeast quarter of the North- west quarter (NE4, NW4) ; thence in a Southerly direction, one (1) foot West of and parallel to the East boundary of said Northeast quarter of the Northwest quarter (NEa, NW4) a distance of fifty (50) feet. 12. Easement and right of way for a water transmission or distribution line or system, as granted to the North Weld County Water District, a Statutory District, by W. M. Stockover and Lucille P. Stockover, in the instrument recorded January 28, 1964 in Book 505 as Reception No. 1427562, affecting the following described property: A twenty (20) foot easement, the centerline of which is more parti- cularly described as follows: Commencing at a point of beginning, said point being on the Westerly Right-of-Way line of the County Road, a distance of 40 feet South and a distance of 30 feet West of the Northeast (NE) corner of Section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian; thence Westerly along a line parallel to the Northerly section line of said Section 31, a distance of 1, 500 feet, more or less. 13. Oil and gas lease between Monfort Feed Lots, a Division of Monfort of Colorado, Inc. , a Delaware Corporation and The Colton Company, dated April 18, 1979, recorded June 1, 1979 in Book 870 as Reception No. 1792317, and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by H & C Colton Company, recorded November 3, 1986 in Book 1134 as Recep- tion No. 2075692, and by Sunshine Valley Petroleum Corpora- tion, recorded January 20, 1987 in Book 1143 as Reception No. 2085386 and January 27, 1987 in Book 1144 as Reception No. 2086072. 14. Easement and right of way for a pipeline or pipelines, or other appurtenances, as granted to Natural Gas Associates, a Colorado Partnership by Monfort Feed Lots, Inc. , (Also known as Monfort of Colorado, Inc. ) , a Delaware Corporation, in the instrument recorded February 17, 1984 in Book 1021 as Reception No. 1956513 , the location of which is shown in the map attached to said instrument. (Affects NEa) 15. Easement and right of way for a pipeline or pipelines, or other appurtenances, as granted to Natural Gas Associates, Inc. , a Delaware Corporation by Monfort of Colorado, Inc. , a Delaware Corporation, in the instrument recorded February 5, 1986 in Book 1102 as Reception No. 2041858, the location of which is shown in the map attached to said instrument. (Affects W'NEa) 10479 FORM NO. C-6OOO-3C FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B-1970 (AMENDED 10-17-70) 8025173 Sheet 5 of 5 SCHEDULE B—Continued 16 . All oil and gas deposits lying thereunder as reserved by Monfort of Colorado, Inc. , a Delaware Corporation in the Deeds to Weld County, Colorado, a Body Corporate and Politic of the State of Colorado, recorded July 10 , 1987 in Book 1163 and re-recorded August 17 , 1987 in Book 1167 as Reception No . 2110746 , and re- corded July 10 , 1987 in Book as Reception No. 2106698 and re- recorded August 17 , 1987 in Book 1167 as Reception No . 2110748 . NOTE: The following notices pursuant to CRS 9-1. 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not neces- sarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. (c) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . (d) Associated Natural Gas, Inc. , recorded April 23 , 1986 in Book 1110 as Reception No. 2050953. 870479, DIVISION OF INSURANCE P F w Imo, 0 DEPARTMENT OF REGULATORY AGENCIES A 106 STATE OFFICE BUILDING • 201 E.COLFAX AVE. Jaye DENVER,COLORADO 80203 • STATE OF COLORADO RICHARD O. LAMM GOVERNOR J.RICHARDFBARNES.C.L.U May 1, 1977 ROBERT L.BROWN • Dear Real Estate Purchaser: Following this letter you will find a brief explanation of your title insurance commitment and policy. Title insurance companies are regulated by this Division, as are other types of insurance companies. This Division makes certain that com- panies issuing title insurance commitments and title insurance policies are financially sound, and that they operate in accordance with statutes and regulations. We also have a great interest in making certain that you, as the consumer, understand the purpose of title insurance and that you understand your rights under your insurance policy. In the event you are dissatisfied with responses given to your ques- tions or problems by your title insurance company, you are encouraged to send your questions concerning title insurance or any complaints that you may have against your title insurer to this office. We are on hand to make certain that all your rights and remedies, both under your policy and under law, are available to you at all times. Sincerely, CHARD BARNES, C.L.U. Commissioner of Insurance JRB:bl As a purchaser of a home or other real estate you may receive a-Commitment for Title Insurance"and a"Policy of Title Insurance"Both of these documents, like many others in connection with your purchase,are contracts creating legal rights which you should read carefully and which you may wish to have examined and explained by a lawyer or other adviser.While the following description of these documents cannot change the precise terms of these documents, it is hoped that this will help you to understand their purpose and effect and answer some of your questions about them, QUESTION:"WHAT IS TITLE INSURANCE?" ANSWER: Basically, it is a contract with the title insurance company in which the company agrees to defend and indemnify you against losses which you may suffer because of unreported defects in the title to your property as of the date of the contract. It is not casualty insurance and, therefore, does not protect you against acts of theft or damage to your home by fire, storm and the like. Essentially, the insurance insures that you have title to the property subject only to certain exceptions and exclusions listed in the Policy of Title Insurance. Title insurance recognizes the possibility of loss, but transfers the risk of loss from you as property owner to the company issuing the policy. For this reason title insurance companies are required to maintain reserves to cover losses. If you are financing your purchase,your lender will ordinarily require that you obtain a separate Lender's Policy to insure that your property will in fact serve as security for its loan. QUESTION:"WHAT DOES THE PREMIUM PAY FOR?" ANSWER:The one time, non-recurring premium pays for several things. It helps to pay for the cost of collecting, maintaining,searching and examining real estate records and certain other public records which relate to your property so that the title insurance company can determine the insurability of your title. For example, the title insurance company will determine whether the public records show that your seller really owns the property, what mortgages or liens(a recorded legal claim) may exist,whether there are restrictive covenants on your CONTINUED ON REVERSE ✓.•_V S79 property or easements which allow persons ,ross your property or to place utilities across you. Jperty.The premium also serves to finance certain legal costs which may arise if your title is challenged. Additionally, payment of the premium requires the title insurance company to indemnify you for any losses you suffer as a result of the title company's failure to fulfill its contractual obligations under your title policy. QUESTION:"WHAT IS A COMMITMENT FOR TITLE INSURANCE?" ANSWER: A Commitment for Title Insurance is a standardized preliminary document authorized by the Commissioner of Insurance indicating that a title insurance company will issue a title insurance policy to you after certain steps have been taken, such as the payment of an outstanding mortgage or lien and the issuance of a deed to you. These steps are set out in the commitment as "requirements" in Schedule B—Section 1. In Schedule B—Section 2 "Exceptions;'the commitment also summarizes certain existing limitations on the use of your property, the defects in your title and liens against your property.Your policy will not protect you against these matters.You will note that some of these limitations and defects may still exist even after all of the requirements of the commitment have been met.These other matters are usually such things as restrictive covenants or easements for utilities and the like. You should carefully read both the"requirements"and the exceptions to title stated in the commitment so that you may raise objections if there are matters affecting the title to which you did not agree when you signed the contract to purchase your property. Some Of the"exceptions"are standard and will not normally be covered by your title policy.The first standard exception is any claim by parties in possession of the property which is not shown by the public records.This means,for example,that someone may have been living on the property for a long period of time and may claim that they own the property, even though they do not have a recorded deed;or may claim that they are somehow otherwise entitled to be on the property.The title insurance company could not learn of such a claim by examining the public real estate records.You should inspect the property to make sure that anyone living there will respect your ownership. Exception 2 of Schedule B similarly may mean that someone has used a portion of the property long enough to claim an easement,even though there is no instrument of record giving that person the authority to do so. Exception 3 of the standard commitment in essence says that the title insurance policy will not insure against problems concerning the exact boundary lines of the property you are purchasing, which means that you should make certain that there are no fences or other encroachments on your property, particularly if you do not have a survey.Again, a title insurance company cannot determine whether such problems exist on your property because employees of the title insurance company will not inspect the property unless they are specially requested and paid to do so. Exception 4 excludes liens which may be filed against your property by someone who may have done work on the property and who has not been paid.The title insurance company does not have any way of determining whether such claims may exist in the absence of some recorded document.You may wish to verify that no such unsatisfied claims exist. The fifth standard exception is for matters which may arise following the issuance of the commitment and before you complete your purchase. Many companies also exclude taxes and special assessments which may be imposed against your property which are not recorded in the public records,or the amount of which has not yet been determined. If you are purchasing a single family residence, you may wish to check to see if you are entitled to obtain endorsement Form No. 130 which removes several of the standard exceptions and will give you insurance for some of those matters. You will see that the commitment shows the amount of title insurance to be issued, together with the amount of the premium charge. Your seller should check with his broker and with the title insurance company issuing the commitment to make certain that he has paid the lowest premium to which he is entitled. For instance, if there has been a title insurance policy issued to your seller within the last two years, he may be entitled to receive some credit for the prior premium against the amount of premium which he will now pay. QUESTION:"WHAT IS THE POLICY OF TITLE INSURANCE?" ANSWER:The Policy of Title Insurance is a document which will be issued to you after your purchase transaction is concluded. It,too, is a standardized document,the printed portions of which have been approved by the Commissioner of Insurance. Schedule A of your policy will set forth,among other matters,the amount of insurance coverage,your name as the insured,your interest in the property,such as actual ownership or a leasehold interest,and the legal description of the property. Your title insurance policy, as any other insurance policy, has exceptions from coverage. These will be set forth in Schedule B of your policy and in the Schedule of Exclusions from Coverage.Matters which may limit coverage will be set forth in the"Conditions and Stipulations" section of the policy. In Schedule B of the policy,you will find those items against which the title insurance company does not,or cannot,insure.Many of these will be the same as the exceptions set out in Schedule B of the Title Commitment. The Schedule of Exclusions from Coverage excludes matters such as zoning ordinances which regulate how the property may be used, rights which may be possessed by a governmental body and which might be exercised against the property,and any defects of which you may be aware but have not informed the title insurance company. You may desire to investigate the status of these matters before you complete your purchase. Also excluded are defects or encumbrances which may be placed upon the property subsequent to the date of the policy. You should remember that a title policy is not a promise of indemnity against some defect or claim against your title which may be created in the future. It does protect you against loss or damage existing from defects in the title to real property existing prior to and as of the date of the policy even though they may not be discovered until some future date. The language concerning Conditions and Stipulations under which the title insurance company issues its policy contains an explanation of the terms of the policy, and also deals with how you should notify the title insurance company in the event you may believe that you may have a claim under the policy. If someone should assert that they have a right to use your property or that they own part of it,and you cannot find that right set forth in your policy as an exception or an exclusion,you must notify the title insurance company in writing of the situation. The address for this notification will normally appear in your policy. Prompt notification will enable you and the company to deal with the matter or problem that you raise,if it is covered by the policy,so that the dispute may be resolved in as timelya manner as possible. You should know that if the problem is covered by your title insurance policy, a title insurance company must usually bear the costs of litigation, either to defend your title in the event of an adverse claim against it, or sometimes to bring affirmative legal action to clear up the problem. In so doing,the title insurance company retains the right of settling the claim or pursuing the matter through the courts,if it believes that the rights asserted by a third party against your property are not legally justified. If the title insurance company takes the position that the matter which you raise is not covered by the terms of the title insurance policy, it must so notify you as soon as reasonably possible after you present your claim. QUESTION: "WHAT IF I STILL HAVE FURTHER QUESTIONS ABOUT THE COMMITMENT FOR TITLE INSURANCE OR POLICY OF TITLE INSURANCE?" ANSWER: You should certainly ask them of your attorney,the seller, the lender or the title insurance company. If you do not receive a satisfactory answer to your questions,you may contact the office of the Colorado Commissioner of Insurance,J.Richard Barnes,Commissioner, Department of Regulatory Agencies,106 State Office Building,Denver,Colorado 80203. Form No.C-142.12 ,.y7 Continued from Back of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by this policy and the amount so paid shall The Company shall have the option to pay or otherwise be deemed a payment under this policy to said insured owner. settle for or in the name of an insured claimant any claim in- sured against or to terminate all liability and obligations of 10. APPORTIONMENT the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or more the amount of insurance under this policy together with any parcels which are not used as a single site, and a loss is estab- costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, the of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if ant and authorized by the Company, the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel 6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements made subsequent to Date of Policy,(a) The liability of the Company under this policy shall been agreed upon as unless liability to each such parcel value by the Company and in no case exceed the least of: the insured at the time of the issuance of this policy and (i) the actual loss of the insured claimant; or shown by an express statement herein or by an endorsement (ii) the amount of insurance in Schedule A. attached hereto. (b) The Company will pay, in addition to any loss insured 11. SUBROGATION UPON PAYMENT OR SETTLEMENT against by this policy, all costs imposed upon an insured in liti- gation carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under costs, attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company (c) When liability has been definitely fixed in accordance shall be subrogated to and be entitled to all rights and reme- with the conditions of this policy, the loss or damage shall be dies which such insured claimant would have had against any payable within 30 days thereafter. person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured 7. LIMITATION OF LIABILITY claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect No claim shall arise or be maintained under this policy such right of subrogation and shall permit the Company to (a) if the Company, after having received notice of an alleged use the name of such insured claimant in any transaction or ainst hereunder, by litigation involving such rights or remedies. If the payment defect, lien or encumbrance insured aefect, lien or encum does not cover the loss of such insured claimant, the Company litigation or otherwise, removes such d brance or establishes the title, as insured, within a reasonable shall be subrogated to such rights and remedies in the pro- time after receipt of such notice; (b) in the event of litigation portion which said payment bears to the amount of said loss. until there has been a final determination by a court of com- If loss should result from any act of such insured claimant, petent jurisdiction, and disposition of all appeals therefrom, such act shall not void this policy, but the Company, in that adverse to the title, as insured, as provided in paragraph 3 event, shall be required to pay only that part of any losses hereof; or (c) for liability voluntarily assumed by an insured insured against hereunder which shall exceed the amount, if in settling any claim or suit without prior written consent of any, lost to the Company by reason of the impairment of the the Company. right of subrogation. 8. REDUCTION OF LIABILITY 12. LIABILITY LIMITED TO THIS POLICY All payments under this policy, except payments made for This instrument together with all endorsements and other costs, attorneys' fees and expenses, shall reduce the amount instruments, if any, attached hereto by the Company is the of the insurance pro tanto. No payment shall be made without entire policy and contract between the insured and the producing this policy for endorsement of such payment unless Company. the r in loss policy des[destrue lost ction shall the furnished shed to the ch e satisfactiof of n of neglich gence,aim of loss or and which arises a out of thether or not status of based on a to the Company. the h th estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions 9. LIABILITY NONCUMULATIVE and stipulations of this policy. No It is expressly understood that the amount of insurance made except amendment by writing endorsed hereon or attached hereto under this policy shall be reduced by any amount the Com- signed by either the President, a Vice President, the Secretary, pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or authorized shown or referred to in Schedule B hereof which is a lien on signatory of the Company. the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, 13. NOTICES, WHERE SENT and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the pay- All notices re i be to iven urn Company and any ment of any such mortgages an amount that otherwise would statement shll in writing Transamerica ri be furnished nsur the Company be payable hereunder to the insured owner of the estate or P. O. be addressed 60 , Denver, Colorado c8 Title Insurance Company, P y P. O. Box 605, Colorado 80201. . 0179 µ,`.,C _ 79 64tO08 • wd g E z o s ¢ r 1 a O co� 7. 'c a $ o r m mw �' 1..: a N O U w s a i.o .,o Z' .u9 a 6 " d V �1 (� ≥ and • wW • U� • °m . '6 r:, • 83 • . d . c2 • of • y'c� • r- V cr �' oo.: O o� pp� p W V c m o •Lw� �ccN o m E N ace) U m V m U W N O" O = S / E W 2 at 8o aB Om ` �G On sm um a¢ r� 1 W C€4 CO O =9 gq sl $m U3 03 d �� ao z_ _ i. �w 5� m m n oc il I r. V w3 8M a m ¢-� F 1 1 t0 H a§ co ZE) w rl ,_,�•- 1 ,"C O1 v — Q r A---- --- ,--- „-I----— - -r-r �--I - - ten- - r --- V W ra O (au Vg co � > it U -o Mil 63/411•11 li 0 0 a.,, • co a n _ al C co cz 1....4I- c Y? V 11 4Xa Syr aaa'. 1. 11 r `1 ,7a R e c < c 'v r ,s /� I I C N 0 t yP r a dh N O O wNO 05 E 'W ' R w$m eo— ? " a Z.N'mvo sw2- tin$ °me 21tc, � n2 " `'mini 2NO WqN 0 7VWOm�LU m , , VuW Cu .X�g �`u yr' 2 'g22 E (pp° GW '- w< / ks 1 W OOdN • ° p -m • .2 -52g]_ • P--�N • c4°N • gro" • pOVN • PO m • bdJLN { _ unto WGQN $ m a O o^ 2WN NL d a-- (p c 'm mW .53°.4 J° a z._ w �5 aQr usWm 1 �Ec�6 ouzo. (�¢�� Vic= o an o 3� t° 8 �w = 2-co C 0Qc& J' gdm eCr E-≥¢C pg^' Ew cN an,p� L IC-. ,'..: (� Sol Co for 2(}A Um OV wSio ='mo rr O C-. �i.. �' in El4 ; go A£ oho oSA $ w w Z %� ,� CO 2 in N 1 I L C r .gt I ~ 4z' =g ti -- _ _ -- -- -- --�� x Air- --r---�-- -..- Ihe prinled portion of shit form approved by dr Colorado Real Eslaic Commis%lore ISS•60.7.7I) STATEMENT O1' SETITEM ENT AR 2121448 SELLI.At'S Lj PURCHASER'S® Y! PROPERTY ADDRESS N/A Weld County, Colorado, a body i r Corporate and Politic of the SELLER Monfort of Colorado, Inc. l UItc�I AsER P State of Colorado SETTLEMENT DATE HATE OF PRORATION July 8, 1987 LEGAL DESCRIPTION: See the attached Exhibit "A." Debit Credit 1. Selling Price - 368.750 00 2. Deposit, paid to ____-- 3. Trust Deed,payable to _ 4.Trust Deed,payable to — 5. Trust Deed, payoff to -..__-._ - 6. Interest on Loan Assumed - 7. Title Ins.Premium Paid by Seller 8. Abstracting: Before Sale - 9. After Sale _ ell 10. Title Exam. by o l--' 11. Recording: Warranty Deed Exempt as er Section 30-1-103, CRS o~' - l")---J 12. Trust Deed 'A J 13. Release -- - Pli — 14. Other _ k n 15. Documentary Fee Exempt as per Section 39-13-102, CRS o 16. Certificate of Taxes Due / z NI 17. Taxes for Preceding Year(a) See attached Exhibit "$I' _ Z N 544 17 18. Taxes for Current Year See attached Exhibit rIC" _ ' 563 55 19. Tax Reserve to coo 20. Special Taxes to 21. Personal Property Taxes - cn r r yr 22. Hazard Ins.Prem. Assumed—Policy No. Co. H w $ Yr.Term Expires — — Days Unused at 0 per day n ao Premium$ __-- x--' 23. Premium for New Insurance _ 24. Hazard Ins. Reserve x~ 25. FIIA Mortgage Ins. Assumed — tz'.. 26. FHA Mortgage Ins. Reserve `'' 27. Loan Service Fee (Buyer) _ tli 28. Loan Discount Fee (Seller) d 29. Interest on New Loan -__--- ___-- .. -- ___.-- izi 30. Survey and/or Credit Report W o 31. Appraisal Fee - • Z o 32. Water and/or Sewer _ _ r 33. Rents-. - U 34. Security Deposits pI., 35. Loan Transfer Fee __ _ — o 36. Loan Payment Due - (-)0 37. Broker's Fee - O k — Sub-Totals 368,750 00 1.107 72._,_. Balance due to/ tl Se1Ier _ _ 367,..64.2 z2$ , Rxdatiourdundrarmadimmx - TOTALS 368750 00 368,750 00 The above fusee do not include saics or UN tRAeN on per$onai property API'ROVi')) :Ind ACCEPTED i { �! �i . Weld County, Colorado, a Body /C •0 Corporate and Politic Attest: Purchaser/U—._ __— Libusgio= B ._ on . La y, airman r,.,, r:.. "•°'s Board of Count ommissioners of Weld County i .? ; ' 1 ' ' ` EXHIBIT "A" Parcel 1 : m 0 The Northeast } of Section 31 , Township 6 North, Range 65 West of GI -4 the 6th P.M. , Weld County, Colorado, INCLUDING any and all improvements located thereon and all minerals thereunder, with the exception of oil and gas . k 0 fI N Parcel 2 : z The Northwest } of Section 31 , Township 6 North, Range 65 West of tri the 6th P.M. , Weld County, Colorado, coo EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded PJ July 28 , 1903 , in Book 207 at Page 398 , being more particularly HI— described as follows: The South 120 acres of the Northwest } of Section 31 , Township 6 z North, Range 65 West of the 6th P.M. o w Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and acrossF, the Northwest } of Section 31 , Township 6 North, Range 65 West of a the 6th P.M. , being more particularly described as follows: p COMMENCING at a point on North line of South 120 acres of NW} of X said Section 31 , a distance of 500 feet East from Northwest corner of said 120 acres, O thence North in a direct route to public highway on the line c common to Sections 30 and 31 , Township 6 North, Range 65 West of 7o0 the 6th P.M. o Also to 0 EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded p March 22 , 1927 , in Book 806 at Page 541 , being more particularly described as follows: o All that part of the North } of the North } of the Northwest } of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , lying o o West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28 , 1903 , in Book 207 at Page 398 . Also EXCEPTING THEREFROM all that part of the Northwest } of said Section 31 lying North of the North line of the South 120 acres of said Northwest } , South of the South line of the North } of the North } of said Northwest } and West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28 , 1903 , in Book 207 at Page 398 . Also EXCEPTING THEREFROM any portion of the Northwest } of said Section 31 which may lie South of the North 44 .32 acres thereof and North of the South 120 acres thereof. 870479 But INCLUDING any and all improvements located thereon an all minerals located thereunder, with the exception of oil and gas . tb o H o r+ CJ O1 n • n • O z• � z H tnaz. aC0 to z co r t9▪ � H z J n o-1 Ctrl J xH a • LI xl w b] C") 0 4.17 d xio • o t-Io r V O• w O no O c 870473 EXHIBIT "B" REAL PROPERTY TAX AGREEMENT FOR 1986 TAXES zto THIS AGREEMENT is made and entered into as of the 10th day of o l- July, 1987 , by and between MONFORT OF COLORADO, INC. , a Delaware w corporation, with corporate offices at 1918 AA Street , Greeley, J J Colorado 80631 , as "Seller, " and WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the Fyn Board of County Commissioners of Weld County, 915 Tenth Street, '< o Greeley, Colorado 80631 , as "Purchaser, " of the real property and > Ni improvements which are described in the attached Exhibit "A," z which real property and improvements are hereinafter referred to '-' as "Parcels 1 and 2 . " tl m N Purchaser has received the sum of $544 . 17 , which is payment w F for certain real property taxes for the Parcels 1 and 2 , figured y l as follows: H z -4 1 . Second half of 1986 real property taxes for Parcel 1 r co J which is still due and payable: $ 328 . 12 tti PJ x See the attached Tax Certificate from the Weld County a Treasurer for Parcel 1 . c' " a aw 2 . Second half of 1986 real property taxes for Parcel 2 n which is still due and payable: $216 .05 O a See the attached Tax Certificate from the Weld County z o Treasurer for Parcel 2. £ . b] o TOTAL DUE FROM SELLER FOR 1986 d REAL PROPERTY TAXES WHICH ARE STILL DUE AND PAYABLE $544 .17 o a 0 IN WITNESS WHEREOF, the parties have executed this Agreement o ko 0 the day and year first above written. PURCHASER: WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and C U_ 0 through the BOARD OF COUNTY v . .} .. COMMISSIONERS , WELD COUNTY, ATTES ''�� FtAd/►<t�2G��! COLORADO 1 jj � �i air Weld Cosa tyy r 1erP-and Recorder 1 and tIcgtc.t4h E 4 rd By: \ r a , hairman By: • f Deputy' unty id/ erk Page 1 of 2 Pages 870479 SELLER: K, tp MONFORT OF COLORADO, INC. , a o r Delaware corporation o CO v CO J By: ":":4,144.414110-/-t > z r zN IA a CO a q co t9 cn cn H tri F-1 z � ncc r wi ra O ra ny o • o CI r n o 01 o n � O Page 2 of 2 Pages 870479 STATE OF COLORADO CERTIFICATE OF TAXES DUE /) S. S. l COUNTY OF LD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales, as appears of record in the office,on the following described property, to-wit: TR NO. PARCEL l261306 13831 J4.<4 :.,:S:':..6d iV IAI F4 .:?1 ,:+ rr:> L.. OF PRIVATE RD ;:a.1 .:. NAME 2: 0•,,3... .. .. „ ... c:>,:.t'.[;k�,;i[7 i kl'cit, l•c!.J .... F,.ois Cl ,S'T-„ MONFORT OF COLORADO INC VENDOR NO. BRUCE BARKER M/707 EXCEPT- `'S ii:. •b••'-c' — $432, 10 Fri eri o o F • w J VJ J tzj xl n k o zN z � zN coo tI r t7 ' H —J zJ � -4 L" J P1 z N a� xfw n O b7-rt xl o Eo LT] o • r w O O rn 0 OO O uo 4 This does not include land or improvements assessed separately or special District assessments unless specifically requested. JUL( 02 , 1907 FRANCIS M.LOUSTALET „TREASURER OF WELD COUNTY 7 J✓979 1 :`�' �( I-F(�t l...I" 1966 ff1 k.F.,1 I''i�d.F.7) <I; "I r, „ �;?;:i'li� , '{y - By/ / , 2 1/( tZy STATE OF COLORADO CERTIFICATE OF TAXES DUE S. S. COUNTY OF LD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes;or unredeemed tax sales, as appears of record in the office,on the following described property,to-wit: TR NO. PARCEL 1281786 38 3 NE4 31 6 63 ( 4R ) NAME _..'v9 : X033 1 C)00 l;-,;..;; .... l: ..O ... INC VENDOR P14.1 idl:.t!f't'T (Jrtl COLORADO .i.i . .: NO. fiR E. BARK Hi :708 — EXCEPT— a o � a J O J O to `< O Z z 1' Z K] VI a to r H H H z J A co rJ X a a zW tTj n 0 0 0 rd-r, Zo trio 0 d n 0J w 0 no O CO • This does not include land or improvements assessed separately or special District assessments unless specifically requested. ,JULY 02 , 1907 8'76479 FRANCIS M. LOUSTALET 1ST HALF 1986 TAXES PAID $328 A 1 2* TREAS 44/'ERR F WELD COUNTY (///� %L By i.G(� 4 ��j �.l`/-<-Y7,c��( `r EXHIBIT "C" REAL PROPERTY TAX AGREEMENT FOR 1987 TAXES TO DATE OF CLOSING m W THIS AGREEMENT is made and entered into as of the 10th day of July, 1987, by and between MONFORT OF COLORADO, INC. , a Delaware corporation, with corporate offices at 1918 AA Street, Greeley, •-1 Colorado 80631 , as "Seller, " and WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the Pin Board of County Commissioners of Weld County, 915 Tenth Street, o Greeley, Colorado 80631 , as "Purchaser," of the real property and improvements which are described in the attached Exhibit "A, " Zt' which real property and improvements are hereinafter referred to as "Parcels 1 and 2. " - z Ca tI Purchaser has received the sum of $563.55 , which is payment � , for certain real property taxes for Parcels 1 and 2 for the year tit: 1987, proportioned to the date of closing, figured as follows: H z � 1 . Seller's portion of the 1987 real property taxes for p ?] Parcel 1 , as proportioned to July 8 , 1987, for the sale m and purchase of Parcel 1 . Using the 1986 taxes as an estimate for 1987 taxes: a, - 1986 taxes for this property = $656 .24 w 189 days up to and including July 8 , 1987 $656.24 x 189/365 = $ 339 .81 2 . Seller's portion of the 1987 real property taxes for z o Parcel 2 , as proportioned to July 8, 1987 , for the sale z o and purchase of Parcel 2 . Using the 1986 taxes as an estimate for 1987 taxes: 1986 taxes for this property = $432 .10 0 189 days up to and including July 8 , 1987 $432.10 x 189/365 = $ 223 .74 p TOTAL DUE FROM SELLER FOR 1987 REAL PROPERTY TAXES FOR PARCELS 1 AND 2 UP TO THE DATE OF CLOSING $ 563 .55 870479 Page 1 of 2 Pages off --J ININ WITNESS WHEREOF, the parties have executed this Agreement N J the day and year first above written. gji PURCHASER: K m WELD COUNTY, COLORADO, a body z r '"w corporate and politic of the State of Colorado, by and � a through the BOARD OF COUNTY cm . A fnU�Ptn ES C� 4eu .,� • COMMISSIONERS, WELD COUNTY, l COLORADO S } y H Min / rk and Recorder H Z anJ e oard By: CO CO By: Go �L , Chairman Deputy Count . lerk x a+ a zw SELLER: O MONFORT OF COLORADO, INC. , a o Delaware corporation z 0 ;u o By: /(244.44gle o1/40 n o p 1/40 • 870179 Page 2 of 2 Pages ... ... I --.- ^ i otufadu ft4 (.N91e Z.Uhltlil 'iill ,ji .bU-1 )tl STATE:A 1-;. I ,li . !.i'! 1,l:hil�:l>t . • SF:L1.E1t';; IRi i ; •I:( 1 t:,:Si•:i:':;i__j - II PROPERTY ADDRESS N/A — - __.__. --. Weld County, Colorado, a body Monfort of Colorado, Inc. I'l'1a:liASEit corporate and Politic of the SELLER -� - { ff /� `,tStatte��of Colorado SETTLEMENT DAT1: �_._.._.. . . 1 ;Al 1� Ulr. ltItviL21•�iVl\�. Jtll Y 8 }9S7 -7., LEGAL DESCRIPTION: See the attached Exhibit "A." Debit ('rcdit 368,750 00 1. Selling Price _.. _ 2. Deposit,paid to --.-- . -- -3. Trust Deed,payable to _-.__ . _-._.— —4. Trust Deed,payable to _ ..._. 5. TrustDeed,payoff to _ _6. Interest on Loan Assumed . _- . .._. . -_ __ F-- 7. Title Ins.Premium Paid by Seller ._...._. .__..____.- - 8. Abstractipg: Before Sale 4.o 9. After Sale _ ._. .. — I _ 10. Title Exam. by --. -- -... _--. ..._. _ - 11. Recording: Warranty Deed Exempt as per Sect ion -:3()-I----11-13__ RS 12. Trust Deed 13. ----- 13. Release 14. •i Other -- - , 15. Documentary Fee Exempt as per Section 39-13-•1(1:_', _(:RS 16. Certificate of Taxes Due -- - — 544 17 17. Taxes for Preceding Year(s) See attached-_Exh i h i t .."II" — . 563 55 18. Taxes for Current Year See attached Exhi hi t:.. . . __ ` 19. Tax Reserve _.._-- __ 20. Special Taxes —. _ _ ..__-_ - - 21. Personal Property'faxes _s-_ a. Hazard Ins.Prem. Assumed—Policy No. Op. $ Yr.Term Expires Premium $ Days Unused at C per day 23. Premium for New Insurance ---- 24. hazard Ins. Reserve __. -- , 25. FIIA Mortgage Ins_Assumecl _— -- ---- 26. FHA Mortgage Ins.Reserve --- 27. Loan Service Fee (Buyer) 28. Loan Discount Fee(Seller) _-.29. Interest on New Loan 30. Survey and/or Credit Report - ` 31. Appraisal Fee__ 32. Water and/or Sewer33. Rents - ----- — 34. Security Deposits 35. Loan Transfer Fee36. Loan Payment Due ;-- -.... .... .. 37. Broker's Fee 4 _-_-- • li Sub-Totals 1,107 72 ,, 368,750 00 Balance due o/from Buyer _ 367,642 28 I'OTALS 368,750 00 368,750 00 The above firuMes do not include sales or use taxes on personal prll(i.'rty A1'I'It(VEll anti A('Cl:l"I'ED DUratrailiVSeiler Monfort of Colorado,_ 1{tell;f�r_. -rt- 870479 EKKAIXt kt iltt-_B} -tleftM14-eett—kt&gfitfelly _(( --_ r.!,.. (-: ; ao: FO- (.'1. 1.. . t- t. . - , - OT 3 EXHIBIT "A" Parcel 1 : The Northeast } of Section 3.1 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, INCLUDING any and all improvements located thereon and all minerals thereunder, with the exception of oil and gas . Parcel 2 : The Northwest } of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded July 28 , 1903 , in Book 207 at Page 398 , being more particularly described as follows : The South 120 acres of the Northwest § of Section 31 , Township 6 North, Range 65 West of the 6th P.M. Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and across the Northwest $ of Section 31 , Township 6 North, Range 65 West of the 6th P .M. , being more particularly described as follows : COMMENCING at a point on North line of South 120 acres of NWI of said Section 31 , a distance of 500 feet East from Northwest corner cf said 120 acres, thence North in a direct route to public highway on the line common to Sections 30 and 31 , Township 6 North, Range 65 West of the 6th P.M. Also EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded March 22 , 1927 , in Book 806 at Page 541 , being more particularly described as follows : All that part of the North } of the North } of the Northwest } of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , lying West of the right of way for a private road, over and across the strip of land 20 feet wide descrribed above, as conveyed by Deed recorded July 28 , 1903 , in Book 207 at Page 398 . Also EXCEPTING THEREFROM all that part of the Northwest I of said Section 31 lying North of the North line of the South 120 acres of said Northwest I , South of the South line of the North § of the" North } of said Northwest } and West of the right of way for a private road, over and across the strip of land 20 feet wide described above, as conveyed by Deed recorded July 28 , 1903 , in Book 207 at Page 398 . Also EXCEPTING THEREFROM any portion of the Northwest } of said Section 31 which may lie South of the North 44 .32 acres thereof and North of the South 120 acres thereof. 870479 But INCLUDING any and all improvements located thereon an all minerals located thereunder, with the exception of oil and gas . W 870479 EXHIBIT "B" REAL PROPERTY TAX AGREEMENT FOR 1986 TAXES THIS AGREEMENT is made and entered into as of the 10th day of July, 1987, by and between MONFORT OF ,COLORADO., INC.. ., a Delaware corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631 , as "Seller, " and WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weld County, 915 Tenth Street, Greeley, Colorado 80631 , as "Purchaser, " of the real property and improvements which are described in the attached Exhibit "A, " which real property and improvements are hereinafter referred to as "Parcels 1 and 2 . " Purchaser has received the sum of $544 . 17 , which is payment for certain real property taxes for the Parcels 1 and 2 , figured as follows : 1 . Second half of 1986 real property taxes for Parcel 1 which is still due and payable: $ 328 . 12 See the attached Tax Certificate from the Weld County Treasurer for Parcel 1 . 2 . Second half of 1986 real property taxes for Parcel 2 which is still due and payable : $216 .05 See the attached Tax Certificate from the Weld County Treasurer for Parcel 2 . TOTAL DUE FROM SELLER FOR 1986 REAL PROPERTY TAXES WHICH ARE STILL DUE AND PAYABLE $544 . 17 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. r PURCHASER: WELD COUNTY, COLORADO, a body corporate and politic of thee State of Colorado, by and through the BOARD OF COUNTY ATTEST: % Tgtiti COMMISSIONERS , WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to th B rd By: La , Chairman By: Deputy ountyrk Page 1 of 2 Pages 870479 SELLER: MONFORT OF COLORADO, INC. , a Delaware corporationMafia— Page BY: `1J2 2 of 2 Pages 870479 STATE OF COLORADO CERTIFICATE OF TAXES DUE - } S.S. COUNTY OF �D 1, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes, or unredeemed tax sales,as appears of record in the office,on the following described property, to-wit: TR NO. PARCEL I 2:E31 t}i;., 1._ %1642 _ _�.. `.1 rl�{u .< ,r i ,,l 4 3iNAME 62°8033', 000°09 r, .i (' :;`> Ali- 'i NONFORT OF COLORADO INC VENDOR NO. BRUCE BARKER /707 H, EXCEPT— Y1906 TAXES — $432 , 10 r This does not include land or improvements assessed separately or special District assessments unless specifically requested. 02 , i 987 iS'THALFT 't;<5 T'r1::a'.I': i'r1 l:l:i ;g.+•i , :;;,. FRANCIS M.LOUSTALET , p, . "' TREASURER OF WELD COUNTY /,'/ STATE OF COLORADO CERTIFICATE OF TAXES DUE S.S. `✓�� COUNTY OF LD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes,or unredeemed tax sales,as appears of record in the office,on the following described property,to-wit: TR NO. ' :'3 !`•I::44 .3 i (;� .it :' ') PARCEL 1281786 ...._. _._. NAME 620803310G0032 .... is ''MOO NF i:IR T OF COLORADO INC VENDOR NO. /700 EXCEPT— 186 TAXES! ♦ • a This does not include land or improvements assessed separately or special District assessments unless specifically requested. ,.I U i._'( 0 , 1987 FRANCIS M. LOUSTALET ( 1ST HALF 1986 TAXES !-'(::i.I:... $328 , 12* ThIL ED COUNTY 7 l� � �--' By 2%lli=l�;t1aT`,' EXHIBIT "C" REAL PROPERTY TAX AGREEMENT FOR 1987 TAXES TO DATE OF CLOSING THIS AGREEMENT is made and entered into as of the 10th day of July, 1987 , by and between MONFORT OF COLORADO, INC. , a Delaware corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631 , as "Seller, " and WELD COUNTY, COLORADO , a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weld County, 915 Tenth Street, Greeley, Colorado 80631 , as "Purchaser, " of the real property and improvements which are described in the attached Exhibit "A, " which real property and improvements are hereinafter referred to as "Parcels 1 and 2 . " Purchaser has received the sum of $563 . 55 , which is payment for certain real property taxes for Parcels 1 and 2 for the year 1987 , proportioned to the date of closing, figured as follows : 1 . Seller' s portion of the 1987 real property taxes for Parcel 1 , as proportioned to July 8 , 1987 , for the sale and purchase of Parcel 1 . Using the 1986 taxes as an estimate for 1987 taxes : 1986 taxes for this property = $656 . 24 189 days up to and including. July 8 , 1987 $656 . 24 x 189/365 = $ 339 . 81 2 . Seller' s portion of the 1987 real property taxes for Parcel 2 , as proportioned to July 8 , 1987 , for the sale and purchase of Parcel 2 . Using the 1986 taxes as an estimate for 1987 taxes : 1986 taxes for this property = $432 . 10 189 days up to and including July 8 , 1987 $432 . 10 x 189/365 = $ 223 . 74 TOTAL DUE FROM SELLER FOR 1987 REAL PROPERTY TAXES FOR PARCELS 1 AND 2 UP TO THE DATE OF CLOSING $ 563 .55 Page 1 of 2 Pages 870479 IN WITNESS WHEREOF, the parties have executed this Agreement the day and 'year first above- written. PURCHASER: WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and r✓ COLORADO through the BOARD OF COUNTY Sp 4.4w1t✓tP1. COMMISSIONERS , WELD COUNTY, ATTEST: Weld Countyerk and Recorder and Clerk to the oard By: BY: 72�j G do" , Chairman 7,2/' DeputfCo n Clerk SELLER- MONFORT OF COLORADO, INC . , a Delaware corporation /► By:. �"1,etli ire 1_ r M Page 2 of 2 Pages 870479 NORTHERN COLORADO WATER CONSERVANCY DISTRICT APRIL, 1967 APPLICATION FOR. CHANGE OF CLASS D ALLOTMENT CONTRACT ARTICLE I - FOR RELEASE OF EXISTING CONTRACT Section 1: The records of Weld County, Colorado, show at Book 1045 ,•Page 164 or Film Reception 4.t. , the description of lands to which a District allotment of 73 acre-feet of water was ordered by the Board of Directors of Northern Colorado Water Conservancy District. Said lands are described in Section 2 of this Article. Section 2: FIRST DESCRIBED LANDS - Sec. Twp. Rge. That portion of N. 44.32 ac. of NW1 lying R. of Incas Road. 31 6N 65W Section 3: The undersigned owners and lienholders of all portions of the above "First Described Lands" hereby loin in applying for the release of the allotment and accompanying tax lien from said "First Described Lands" and the disposition thereof as indicated in Articles II and/or III of this Application. SIGNATURES OF ALL RECORD OWNERS AND LIENHOLDERS FIRST DESCRIBED LANDS Signatures Address Weld County, a body politic and corporate of the 915 Tenth Street, Greeley, Colorado 83631 State of Colorado, by and thro h the Board of County Coum ssioners 1 By Gordon Lacy - 7 2 ullelf (Signatures must be a nowledged in space provided on back of this form) ARTICLE II — FOR ALLOTMENT OF WATER TO LANDS Section 1: The undersigned owners and lienholders of the hereinbelow "Second Described Lands" hereby loin in this application for the purpose of assigning the benefits of the allotment contract and attaching the accompanying tax lien to the "Second Described Lands" in the amount and to the extent shown in Section 2 of this Article. Section 2: SECOND DESCRIBED LANDS (Include re-description of "First Described Lands" if a portion of the allotment is to be reassigned thereto. Also, enter description of any other land to which water is to be transferred.) Carrier Acre Names of Owners Ditch Land Description Sec. Twp. Rge. Feet Monfort of Colorado New Cache All of Sec. : Exc. F,NFl: Exc. all Inc. exist. R/W & ease. 30 6N 65W 23 Section 3: Applicants agree that the following terms and conditions shall apply to any water allotment contract which results from an Order of the Board based upon this application: 111 Applicants shall pay for the amount of water contracted and allotted hereunder by the Board of Directors of Northern Colorado Water Conservancy District at a rate to be fixed annually by said Board for each acre-foot so contracted. 121 The allotment contract shall be for beneficial use of water as a supplemental irrigation supply upon the hereinabove "Second Described Lands," and the annual charges therefor shall be a tax lien upon said lands. However, the use of the water shall not be limited solely to the described lands. 13) An acre-foot of water as referred to herein is defined as being one-three-hundred-ten-thousandth 11/310,0001 of the quantity of water annually declared by the Board of Directors of the District to be available for delivery from the water supplies of the District. The water delivery obligation of the District shall terminate at any delivery point from which water is released from the works of the District. Further, on November I of each year, any water un- delivered from the annual quantity made available to the Applicant shall revert to the water supplies of the District. 141 Applicants, successors, and assigns shall be bound by the Water Conservancy Act of Colorado; by the Rules and Regulations of the Board of Directors of the District; and by the repayment contract of July 5, 1938, between said District and the United States and all amendments thereof and supplements thereto. SIGNATURES OF ALL RECORD OWNERS AND LIENHOLDERS SECOND DESCRIBED LANDS Signatures Address Monfort of Colorado, Inc. P.O. Box G Greeley ('nlnrarin H1VR7-O35G b I eth Monfa 'dent (Signatures must be acknowledged in space provided on back of this form) ARTICLE III — FOR IDENTIFYING THE MUNICIPALITIES, DISTRICTS, CORPORATIONS, ENTITIES OR PERSONS WITH WHOM OTHER TYPES OF CONTRACTS ARE TO BE MADE FOR ALL OR PART OF THE ALLOTMENT DESCRIBED IN ARTICLE I. Section 1: Names of entities or persons intending to apply for a contract covering any portion of the allotment described in Article I which is not assigned to lands in Article II. Acre Names Addresses Feet • ORDER ON APPLICATION All parties interested in the District allotment described in Article I hereof having made application for the release and reallocation or transfer of acre-feet of water and for the appropriate alteration of the existing tax lien; and, after a Hearing by the Board of Directors, it is hereby Ordered that: 111 The allotment of _ acre-feet is hereby removed from the lands described in Article I hereof, and the accompanying tax lien is hereby released from said lands. 12) Disposition of the acre-feet involved in this application shall be as follows: a. An allotment contract for beneficial use of acre-feet is hereby made and a tax lien therefor shall hereafter attach to lands described in Article II in the amount, to the extent, and under the terms set forth in said Article. b, As an integral part of this Order, the President and Secretary of the District are hereby authorized and directed to execute the appropriate allotment contracts with the entities or persons named in Article III for the beneficial use of acre-feet of water. NORTHERN COLORADO WATER CONSERVANCY DISTRICT By President I hereby certify that the above Order was entered by Cho Pireptsrs of Northern Colprado Water conservancy District on the day of A.D. 19 ATTEST: Secretary ra 870479 February 1979 From: Board of County Commissioners Weld County 915 Tenth Street Greeley, Colorado 80631 OWNERSHIP AND ENCUMBRANCE REPORT for NORTHERN COLORADO WATER CONSERVANCY DISTRICT To be ment It musttbeched to executedll byaaplications practicingfor attorneyeorf Class "D"bonded abstract company. Contracts. company Date: July 15 , 19 87 . I . LAND DESCRIBED IN ARTICLE I OF "APPLICATION FOR CHANGE OF CLASS D WATER ALLOTMENT CONTRACT. " (1 ) Description of property to which allotment is presently attached is as set forth in Article I , Section 2, of the attached application, and is located, as described therein, in Section(s)_ 31 , T. 6 N. , R. 65W. of 6th P.M. (Complete re-description not required herein) (2) As of the above date, record title is vested in the following: (The purpose of this Opinion is to determine the owners, lienholders, and others having an interest of record in said property, and whether all or any portion of the tract to which the original allotment was made has been conveyed or divided in ownership. It is imperative, therefore, that the status of the title to ALL of the land described in Paragraph (-1 ) above be shown in this Paragraph (2) . If land has been divided, attach separate sheet if necessary to reflect descrip- tions and ownership of each respective parcel . ) Weld County, a body corporate and politic of the State of Colorado (3) The property described in Paragraph (1 ) above is subject to the following liens, mortgages, deeds of trust, judgments, financing statements which encumber the land, or other encumbrances (excluding general taxes for current year) -- DO NOT INCLUDE FINANCING STATE- MENTS FOR PERSONAL PROPERTY SUCH AS LIVESTOCK, CROPS , AND EQUIPMENT, ETC. : None 870479 -2- II . LAND DESCRIBED IN ARTICLE II OF "APPLICATION FOR CHANGE OF CLASS D WATER ALLOTMENT CONTRACT. " (Omit this Section II if no water is to be attached to lands on the accompanying application. ) (1 ) Description of property to which allotment is to be reallocated or transferred as shown in Article II , Section 2, of application is hereby certified as correct. (If not correct, attach correct description on separate sheet. ) (2) As of the above date, record title to the land, or tracts of land, described in Article II , Paragraph (1 ) above is vested in the following: (Identify separate tracts) Monfort of Colorado, Inc. (3) The following liens, mortgages, deeds of trust, judgments, financing statements which encumber the land, or other encumbrances (excluding general taxes for current year) are of record against the property or properties described in Paragraph (1 ) : (Identify separate tracts) DO NOT INCLUDE FINANCING STATEMENTS FOR PERSONAL PROPERTY, SUCH AS LIVESTOCK, CROPS AND EQUIPMENT, ETC. : None III . CERTIFICATE. The undersigned (an Attorney licensed to practice law in the State of Colorado or a bonded Abstract Company) hereby represents that the foregoing statements are true and accurate to the best of (his) (its) knowledge and belief, and hereby acknowledges full and complete under- standing that this opinion is an integral part of an application for transfer or reallocation of the herein-described Allotment, and that the Northern Colorado Water Conservancy District will be acting in reliance thereon in the granting or denying of said Application. SIGNED this 15th day of July , 19 g7 . Myr H. M n ort Attorney-at-Law Abstract Company (SEAL) (if Abstract Company) By 870479 Hello