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Home My WebLink About851127.tiff AR2022917 B 1082 REC 02022917 08/30/85 09 :31 $0. 00 1/008 F 1030 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ASSIGNMENT OF LEASES Assignment agreement made P> rg, 1985 , between Robert M. Gilbert, First National k Building, Greeley, Colorado 80631 , hereinafter referred to as "Assignor, " and the Board of County Commissioners of the County of Weld, State of Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter referred to as "Assignee. " WHEREAS, Assignor and Assignee have entered into an agreement whereby Assignee will purchase the following described real property form Assignor: The North 140 feet of Lot 17 , Block 64 , City of Greeley, Colorado, as shown on the plat map originally recorded in September, 1870 , in the Office of the Weld County Clerk and Recorder, 915 Tenth Street, Greeley, Colorado, and WHEREAS, there are three tenants occupying the above described premises under written leases which are attached hereto and incorporated by reference herein as "Exhibit A, " and WHEREAS, to complete the sale and purchase of the above described property, Assignor wishes to assign to Assignee all interest in such leases. WITNESSETH: For value and consideration received, Assignor grants, transfers, and assigns to Assignee, Assignor' s entire interests as Lessor, in said leases of the real property described above. Said leases are attached to this agreement and are made a part hereof. Assignor further grants, transfers, and assigns to Assignee , all rents, income, and profits arising from such leases, including all options and renewals of said leases. ASSIGNOR: Robert M. Gil ert First National Bank Building Greeley, Colorado 80631 � r, PARCUla Page 1 of 2 pages 851127 SUBSCRIBED AND swuN to before me this .30A day of L , 19 "5 . �yjla9' WITNESS my hand and official seal. �A:o� • ° • fr it s : 3nen ' it s "If ey�ry :\ &fr O°' Notary Public GL��O e • l•lar.' My commission expires: h2414 �''t°.+:�r sr ASSIGNEE: ATTEST: It' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld C nty,, "tk\.and Recorder" and Clk tk, a a ,_V�14 By: O�csd !\ 41i�,wD~ J que ne Jo son, Chairman >401\1 B 1082 REC 02022917 08/30/85 09: 31 $0. 00 2/008 F 1031 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 2 of 2 pages Form AC-01-75 LEASE AGREEMENT THIS LEASE AGREEMENT made this 6th day of December , 19 82 _, by and between Robert M. Gilbert Room 209, First National _Bank B_ld whose address or principal place ofbuslneaals g._,- Greels'y. CO 80631 and for his heirs, executors, administrators, successors, and assigns, hereinafter called the Lessor, and THE STATE OF COLORADO, acting by and through: The Colorado State Public Defender , hereinafter called the Lessee. WHEREAS, authority exists in the Law and Funds have been hudgeted. appropriated and otherwise made available and a sufficient unencuinhered balance thereof remains available for pavineat in Fund N her_._ G/L Account Number . Contract Encumbrance Number _; and WITNESSETH: The parties hereto, for the considerations hereinafter mentioned, covenant and agree as follows: 1. Lessor hereby leases and demises unto Lessee the'premises known and described as follows: td 936 9th Avenue, Greeley, Colorado co 0 w CO N N xy Three Thousand Five Hundred square feet containing _ _.-- _-- ( 3,500 ------) square feet of net usable floor area; the leased premises being as shown on the plat hereto attached and made a part hereof, a marked "Exhibit A". o zN TO HAVE AND TO HOLD the same, together with all appurtenances, unto Lessee, for the term beginning February 1 19 83 -, and ending Janus ry 31 t9_8fi , -4 at and for a rental for the full term at an annual rental of Nine Thousand and 00/100---- tri �y Dollars (5 910.00)computed at the rate of m 00 o I-3 op Two Dollars and 57/100 Dollars (52..5Z___) per square foot, payable ttri in monthly installments of Seven Hundred Fifty and- 0.0/100 Dollars Z o ($750 .00 ), to be used and occupied as office space. Payment shall be made on the first of each month during the term hereof, at the r U' office of Lessor, (sew bo e)_ _.__ , or at such place as Lessor from time to time designates in writing. ryct X o 2. Lessor shall provide to Lessee during the occupancy of said premises, as a part of the rental m •• consideration, the following: All standard utilities except electricity and telephone; of n Lessee will furnish janitorial services. t!]+n seta 3. Prior to the premises being occupied by Lessee, Lessor agrees to: t+7• o Install air conditioning prior to May 1983 . r O n O W 0 no 4. Lessor shall, unless herein specified to the contrary, maintain the said premises in good repair and in • 00 tenantable condition during the term of this lease, except in the event of damage arising from an act or the negligence of Lessee, its agents or employees. Lessor shall have the right to enter the premises at reasonable times for the purpose of making necessary inspections and repairs or maintenance. S. Lessor warrants and represents himself to be the owner of, or the authorized representative or agent of the owner of, the leased premises in the form and manner as stated herein; and during the term of this Lease Agreement covenants and agrees to warrant and defend Lessee in the quiet, peaceable enjoyment and possession of the leased premises. In the event of any dispute regarding lessor's ownership Lessor shall immediately, upon request from and at no cost to Lessee, furnish proof thereof by delivering to lessee an "Ownership and Encumbrance Letter" issued by a properly qualified title insurance company. 6. Lessee shall not assign this lease and shall not sublet the demised premises, except to a desirable tenant for a similar use and purpose, and will not permit the use of said premises to any one, other than Lessee, its agents or employees, without the prior written consent of Lessor. 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise In conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. "EXHIBIT A" Form AC-01-75 Revised 2-..r 8. EMINENT DOMAIN,TERMINATION OF LEASE. If the leased premises shall be taken by right on eminent domain, in whole or in part, for public purposes, then this lease,at the option of either party, shall forthwith cease and terminate and the current rent shall be properly apportioned to the date of such taking;and in such event the entire damages which may be awarded for such taking shall be apportioned between Lessor and Lessee, as their interests appear. 9. In the event the leased premises are rendered untenantable or unfit for Lessee's purposes by fire or other casualty this lease will immediately terminate and no rent shall accrue to lessor from the date of such fire or casualty. In the event the leased premises are damaged by fire or other casualty so that there is partial destruction of such premises or such damage as to render the leased premises partially untenantable or partially unfit for Lessee's purposes,either party may,within five(5)days of such occurrence,terminate this lease by giving written notice to the other party. Such termination shall be effective not less than fifteen (IS)days from the date of mailing of the notice. Rent shall be apportioned to the effective date of termination. • 10. This Lease Agreement shall be binding upon and inure to the benefit of the partners, heirs,executors, administrators, successors and assigns of the respective parties hereto. II. Financial obligations of the state of Colorado payable after current fiscal year are contingent on funds for that purpose being appropriated, budgeted and otherwise made available. 12. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 13. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences)and I8-8-401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended,and that no violation of such provisions is present. 14. This contract shall not be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first above written. • LESSOR: s4rey ' v Title Social Security Number or Employer ID B 1082 REC 02022917 08/30/85 09: 31 $0. 00 4/008 F 1033 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO APPROVED: LESSEE: ,DEIt O ADM ISTRA ON STATE OF COLORADO, IIIII�//• Acting by and through By Department of Judiciary YJ Ditor 0'� Siate Buildingrecs Division By baits kfoolvsk, ATTORNEY GENERAL COLORADO STATE PUBLIC DEFENDER STATE OF COLORADO By VERIFIED INFORMATION COPY The toriginal and two copies les of this DIVISION OF ACCOUNTS AND CONTROL contract have teen signed by all By State officials required by law to State Controller approve contracts I\ li e (id aj H\ , —\ ti( — Q' \ E II n c�l 1 y , t L lip t �Ce, r O I -ti il r\r it 1' 4 ii, _ - t „, CI) i i �i o O t _. _-- -- r a • o tr, t I , S I t ii i 1 i C1 0 cli Q - I O n B 1082 REC 02022917 08/30/85 09: 31 $0.00 5/008 F 1034 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO K . . No.982 BUSINESS LEASE.—B ed fishing Co.,1621-46 Stout Street,Denver.Colors B• - THIS INDENTURE, Made this—.2._th..—._-.day ot. O.CtohPr — 19 A 2 between Robert M_Gilbert ---_ the lessor- and _Corkran_22:ticaly Inc_,_ a Colorad2_L9ipnration_ — _- the lessee._; WITNESSETH, That, in consideration of the payment of the rent and the keeping and performance of-the covenants and agreements by the said lessee hereinafter set forth,the said l We ereby leas°S Hato the said lessen the following described premises, situate in the County of_ ld in the State of Colorado, to wit: ground floor premises described as the North 25 feet of Lot 17 , Block 64 , known as j22 9th Avenue, City of Greeley. • TO HAVE AND TO HOLD the same with all the appurtenances unto the said lessee__irom twelve o'clock noon of the. 1st .day of_— Ortnher 39_.3—,until twelve o'clock noon of the_ 1 qt day of October_—_-- 19-86 --.at and for a rental,for the full tern aforesaid of_ Sixteen Thousand Two Hundred and -No/100 --.---.-- sconce, payable in monthly installments of—FO1_IHundred Fifty sat hlo/1Q9. dollars per month, _in advance, on or before twelve o'clock noon, on the 1 St _-_day of each eslendar month during said term at the office-of-kg-E .=a 209 B.ir'st Na<t' 1 Bank Bl dg- , (Three' Py Colorado, without notice, Lessee shall have the right and option to renew this lease for a furller -terns -c1 L a,_ s, u Lhe ex i,•allu hereof d d rental oL then negotiates aria mutually agrees upon ny giving_Lessor ninety_ t 01 edays ' t'Ottce of intention to -exercise said option. And the said less _in consideration of the leasing of said Drem as aforesaid, covenant-S------and agree—S--as follows, to wit: To pay the rent for said premises as-hereinabove provided: to keep the improvements-upon said premises, including all sewer connections, ... plumbing, wiring, and glass, in good repair'at the expense of said lessee-----, and at the expiration of this Lease to surrender and deliver'up said premises in as good order and condition as when the same were enterednpon,lose by fire,inevitable accident or ordinary wear -excepted;to sublet no part of said premises,nor assign this Leese or any interest herein, without the written consent of the lessor--first being obtained;to use said Dr m ei for no purpose prohibited by the laws of the United States,or the State of Colorado.or the ordinances of the said City or Town of_--�rP• iPl PV — —_ , and for no improper or ruestionable purpme whatsoever; to keep the sidewalks in front of and around sad premises free from ice and snow, and said sidewalks and premises free from all litter, dirt debris and obstructions;to keep said premises dean, and in the sanitary condition required by the ordinances and the health and_polies regulations of the said City or Town of—_-_Ire play ____ ; to neither permit nor suffer any disorderly conduct. noise or nuisance whatever about said premise having a tendency to annoy-or dietarb any persons occupying adjacent premiss; to neither hold nor attempt to hold the lessor liable for any injury or damage. either proximate or remote, occurring through or caused by any repairs, alterations Injury or accident to adiseent.premises or other parts of the above premise not herein demised, or by reason of the negligence or default of the owners or occupants thereof or-any other person, nor liable for any injury or damage occasioned by defective electric wiring,or the breaking or stoppage of plumbing or sewerage upon said premises or upon adjacent premises, whet he her said break- ing or stoppage results from freezing or otherwise;to neither permit orsuffer id d ppbeine,or the walls or ra thereon orro loo thereof,th to d risk more endangered by overloading, nor said premises to be used for any purpose which would render hazardous, nor make any alterations or change in, upon, or about said premises without first obtaining written consent therefor; to permit -the Imaor____to place a "For Rent" card upon said premises at any time after thirty days before the end of this Lease; to allow said lessor at any reasonable hour of the day to enter into or upon and go through and view said premises; to occupy the same —_--- _ 14r eene_"a1 bi Si.DeSS pilrP,nSPC and aS an nptinal h11Sinad$ -- It is agreed that all_sppesementa for water rents that may be levied against said premises during the continuance of this Lease shall be paid by the said lees end that all charges for beating and lighting the said premises shall be paid by the said lessee_--as the same become due and payable and thatin case mid premises shall become untenantable on account of damage -by fire, flood or act of God, this Lease may be thereupon terminated by the said lessee--; It L further agreed that no assent, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach.' of said Dresolnes, and It is mutually agreed that if after the expiration of this Leese. the lessee_' --+ball remain in possession from continue to pay rent without written agreement as to such possession then such lessee---shall be regarded subject s • to tenant the terms •o month to month at a monthly rental, payable in advance, equivalent to the last monthly installment hereunder, provisions of this Leases It L further mutually agreed that in case said premises are left vacant and any part of the rent therein reserved ve of Bun idpremises,heen the lessor--may, without in anywise being obliged so t do, and without terminating this Lease, retake Desse and rent the same for such rent and upon such conditions as the leesor_—_may think best, making such changes and repairs es may be required giving credit for the amount of rent so received less all expenses of such changes and repairs, and said lessee--shall be liable for the balance of the rent herein reserved eta the expiration of the term of this Lene. IT IS EXPRESSLY UNDERSTOOD AND AGREED By and between the parties aforesaid. that if the rent above reserved. or any pert thereof, shall be br mean, or if default-shall be made in any of the covenants or agreements herein contained, to be kept by the said lessee___— it shall and may be lawful-for the said lessor—_—to declare mid term ended, and enter into the said premises. or any part thereof,. either with or without process of law, to reenter, and the said lessee___—_or any person or persons occupying the tame, to expel, remove. and put out, using such form ea may be necessary In so doing, without being liable to prosecution or in damags therefor, and the said premises again to repossess and enjoy, ea In the first and former estate of the said lessor---agreae�tod surf render ny time said term shall be ended as aforesaid or In any other way, the mid lessee--_�eseby eovenan ta —andand deliver op said premiss peaceably to said lessor--, immediately upon the termination of said term. and if the Ise sba8 remain in possession of the same after the termination thereof said lessee—_--shall be deemed sulky of a forcible detainer without ofsaid premises under the statute, hereby waiving all notice. and shall be subject to eviction and removal, forcibly or otherwise, with prams of law,as above stated. And It Is further expressly understood and agreed that all the covenant: and agreements In this Lease contained shall extend to and be binding upon,the heirs, executors, legal representatives and assigns of the respective parties hereto. This Lease is made by and between the parties hereto with the express understanding and agreement that, in the event the leases becomes Insolvent, or Is declared bankrupt. then. In either event,the lessor may declare this Lase ended, and all rights of levees hereunder shall thereupon terminate and case- taxes Any inrnp-aSP in +he__g.qner3L ad valorem/nr by reASOn of taYec assessed for special improvement districts or the like over the base—yi_ar-1989 Rha11 he hnrne by _the_Lessee upor -pS.seatataen of tax notice and shall be considered as additional rent due hereunder — --- — Di WITNESS WHEREOF. the parties hereto have hereunto set their hands and s day and year! boys written Bg Sii (SEAT.) CoIrtnMOUtil PIrtI Lessor(HEAL) B� A/ -- _(SEAL) n E. Corkran Lessee B 1082 REC 02022917 08/30/85 09: 31 $0. 00 6/008 F 1035 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO NNoo. 982 BUSINESS LEASE.—Bradfm,. .ublis..,ng Co.. 1824-46 Stout Street. Denver. Colored.. —7-76 THIS INDENTURE, Made this..l.St day of January , 1984 , between ROBERP M. GTTREFT the lessor and i ,41$...SU$..SHOP, INC. the lessee • WITNESSETH, That, in consideration of the payment of the rent and the keeping and performance of the covenants and agreements by the said lessee hereinafter set forth, the said lessor hereby lease.S unto the said lessee the following described premises, situate in the County of Weld in the State of Colorado,to wit• Camlercial space of approximately 1650sauare feet located at 930 Ninth Avenue, Greeley, Colorado TO HAVE AND TO HOLD the same with all the appurtenances unto the said lessee........from twelve o'clock noon of the 1St day of Janklary , 19.$.4...., until twelve o'clock noon of the 1st day of January , 19..8.9.., at and for a rental, for the full term aforesaid of---'Thirty Thousand and No/100 dollars, payable in monthly installments of Five Iiu.tIktre.d....an.d_NQL.l.00 dollars per month, in advance, on or before twelve o'clock noon, on the 1St day of each calendar month during said term at the office of Robert M. Gilbert, Intrawest Bank Bldg. , Greeley . Colorado, without notice, And the said lessee in consideration of the leasing of said premises as aforesaid, covenant_S.___and agree__S__as follows. to wit: To pay the rent for said premises as hereinabove provided: to keep the improvements upon said premises. including all sewer connections, -- plumbing. wiring, and glass, in good repair at the expense of said lessee and at the expiration of this Lease to surrender and deliver up said premises in as good order and condition as when the same were entered upon, loss by fire, inevitable accident or ordinary wear excepted; to sublet no part of said premises, nor assign this Lease or any interest herein, without the written consent of the lessor first being obtained:to use said Dremp a_for io purpose prohibited by the laws of the United States,or the State of Colorado,or the ordinances of the said City or Town of 41:$e'Y..1.@y and for no improper or questionable purpose whatsoever: to keep the sidewalks in front of and around said premises free from ice and snow, and said sidewalks and premises free from all litter, dirt, debris and obstructions; to keep said premises clean s the sanitary condition required by the ordinances and the health and police regulations of the said City or Town of G"reel.ely ; to neither permit nor suffer any disorderly conduct, noise or nuisance whatever about said premises having a tendency to annoy or disturb any persons occupying adjacent premises; to neither hold nor attempt to hold the lessor liable for any injury or damage, either proximate or remote, occurring through or caused by any repairs, alterations, injury or accident to adjacent premises or other parts of the above premises not herein demised, or by reason of the negligence or default of the owners or occupants thereof or any other person, nor liable for any injury or damage occasioned by defective electric wiring,or the breaking or stoppage of plumbing or sewerage upon said premises or upon adjacent premises, whether said break- ing or stoppage results from freezing or otherwise; to neither permit nor suffer said premises, or the walls or floors thereof, to be endangered by overloading. nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alterations or change in, upon, or about said premises without first obtaining written consent therefor; to permit the lessor to place a "For Rent" card upon said premises at any time after thirty days before the end of thin Lease; to allow said lessor at any reasonable hour of the day to enter into or upon and go through and view said premises; to occupy the same as _rXtaail_cod sesying__and restaurailL__tYPe business It is agreed that all assessments for water rents that may be levied against said premises during the continuance of this Lease shall be paid by the said lessSlr_and that all charges for heating and lighting the said premises shall be paid by the said lessee as the same become due and payable and that in cad( lila pfenThes anti betotne untenantable on account of damage by fire, flood or act of God, this Lease may be thereupon terminated by the said lessee It is further agreed that no assent, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. It is mutually agreed that if after the expiration of this Lease, the lessee shall remain in possession of said premises, and continue to pay rent without written agreement us to such possession, then such lessee shall be regarded as a tenant from month to month at a monthly rental, payable in advance, equivalent to the last monthly installment hereunder, and subject to all the terms and provisions of this Lease. It is further mutually agreed that in case said premises ate left vacant and any part of the rent therein reserved be unpaid, then the lessor may without in anywise being obliged so to do, and without terminating this Lease, retake possession of said premises, and rent the same for such rent and upon such conditions as the lessor may think best, making such changes and repairs as may be required. giving credit for the amount of rent so received less all expenses of such changes and repairs, and said lessee shall be liable for the balance of the rent herein reserved until the expiration of the term of this Lease. IT IS EXPRESSLY UNDERSTOOD AND AGREED By and between the parties aforesaid, that if the rent above reserved, or any part thereof• shall be in arrears, or if default shall be made in any of the covenants or agreements herein contained, to be kept by the said lessee it shall and may be lawful for the said lessor____..to declare said term ended, and enter into the said premises, or any part thereof, either with or without process of law• to re-enter, and the said lessee or any person or persons occupying the same• to expel, remove, and put out, using such force as may be necessary in so doing. without being liable to prosecution or in damages therefor• and the said premises again to repossess and enjoy. as in the first and former estate of the said lessor . And if at any time said term shall be ended as aforesaid or in any other way, the said lessee hereby covenanS and agree_S____to surrender and deliver up said premises peaceably to said lessor immediately upon the termination of said term, and If the lessee____shall remain in possession of the same after the termination thereof, said lessee shall be deemed guilty of a forcible detainer of said premises under the statute, hereby waiving all notice• and shall be subject to eviction and removal, forcibly or otherwise, with or without process of law,as above stated. And it is further expressly understood and agreed that all the covenants and agreements in this Lease contained shall extend to and be binding upon, the heirs, executors, legal representatives and assigns of the respective parties hereto. This Lease is made by and between the parties hereto with the express understanding and agreement that, in the event the lessee becomes insolvent, or is declared bankrupt, then, in either event, the lessor may declare this Lease ended, and all rights to lessee hereunder shall thereupon terminate and cease. IN WITNESS WHF.Itt;OF, tike parties hereto have hereunto set their bands an • th day a year first a -e written. �j I nr RIDER ATTACHED IS PART OF _�� - ....... _ __(SEAL) THIS LEASE. Robert� M. Gilbert, Lessor (SEAL) _% ;,.sta1 c,ca. _isvAL) Winona's Sub Sho , Inc. By: Winona Iforance, President, Lessee B 1082 REC 02022917 08/30/85 09: 31 $0. 00 7/008 F 1036 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO l RIDER AND ADDENDUM TO LEASE BETWEEN ROBERT M. GILBERT AND WINONA' S SUB SHOP, INC . DATED JANUARY 1, 1984 FOR RESTAURANT SPACE AT 930 NINTH AVENUE, GREELEY, COLORADO 1. At the end of the primary term, January 1, 1989 , Lessee has the option to renew this lease for an additional five years of terms and conditions to be then mutually agreed upon. 2 . Property taxes , including ad valorem and special improvement and any other taxes assessed against said premises , for the year 1978 payable in 1979 shall be considered the base year taxes . Lessee agrees to reimburse Lessor for any increase in such taxes in excess of the base year upon presentment of notice therefor. The taxes for the year 1983 , due and payable in 1984 , shall be the first year to apply the calculation. 3 . Cost of Living Increase : Beginning at the end of the first year of this lease and continuing each year thereafter, Lessee agrees to pay as additional rent the percentage increase that corresponds with the cost of living increase for Weld County, State of Colorado, as published by the U. S . Government Publishing Office . The percentage of increase is the increase of cost of living index beginning with the year 1983 as the base year. Any percentage increase above the base year will be additional rent payable to Lessor. IX B 1082 REC 02022917 08/30/85 09: 31 $0. 00 8/008 F 1037 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2©22916 Recorded at o'clock M, on Book Page Reception No. Recorder 11 iild/1W 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. WThe GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to • the property, except for (1)the lien of the general property taxes for the year of this deed, which the GRANTEE o o will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations N and exceptions (4)any outstanding mineral interests shown of record(5)any protective covenants and restric- J N lions shown of record, and (6) any additional matters shown below under"Additional Warranty Exceptions" The specific terms of this deed are: MI 0 GRANTOR: (Give name(st and planets) of residence: if the spouse of the owner-grantor is Joining in this Deed to release homestead rights, O identify grantors as husband and wife Robert M. Gilbert, First National Bank Building, Greeley , CO 80631 z N m ter aal GRANTEE: (Give name(s)and address(es). statement of address, including available road or street number, is required ) C+] Board of County Commissioners of the County of Weld, State of Colo- gi o rado, a body corporate and politic, 915 Tenth Street, Greeley, M oo Colorado 80631 H t''s 2 ° FORM OF CO-OWNERSHIP: (71 there are two or more grantees named, they will be considered to take as tenants in common unless 0 CO the words"in joint tenancy"or words of the same meaning are added in the space below.) PC1 7C o ttt .. PROPERTY DESCRIPTION: (Include county and state.) The North 14 0 feet o f Lot 17 , Block m 64 , City of Greeley, Colorado, as shown on the plat map originally recorded in September, 1870 , in the Office of the Weld County Clerk Oo and Recorder, 915 Tenth Street, Greeley, Colorado . x1 0 ^e, 0 o . • 0 oo O W CONSIDERATION: (The statement of a dollar amount is optional: adequate consideration fur this deed ssdl be presumed unless this conveyance is identified as a gift. in any rase this convesance is absolute final and unconditional Good and valuable consideration. RESERVATIONS-RESTRICTIONS: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns, or if the GRANTOR is restricting the GRANT[['5 rights in the property, make appropriate indication ) ADDITIONAL. WARRANTY EXCEPTIONS: (Include mortgages being assumed and other matters not coveted ahove See Attachment "A. " • Signed on August 30 __, 1985— Attest: Grantor Grantor STATE OF COLORADO ) - --- - COUNTY OF ) 55' Grantor The foregoing instrument was acknowledged before me this 30th day of August . 19 85 by Robert M. Gilbert ,,,,,,,,,,,,, WITNESS my hand and official seal. r. R 'M O My commission expires: 12-1-86 �Fy,.......... Ok • p Notary Public STATE OF ) i r' c ' 9/e /0 r-bAuf 6p/t .000h,�a•Sb,/ COUNTY OF ) ss. ce 3 a,: Q A The foregoing instrument was acknowidig d I or r th7s sL day of , 19 by ' ' ti �OON. C •' WITNESS my hand and official seal. • dd .....• • s. My commission expires: ',�� 3d ? - ----- Notary Public 1977 UPDATE LEGAL FORMS • NO. 201 P o, BOX 1815, GREELEY, COLORADO 80632 ATTACHMENT "A" 1 . Any and all rights of the owner or of the property adjoining the subject property on the South arising from the existence of a party wall, common entrance, hall, stairway and hallway partly located on the subject property as described in Agreement recorded June 15 , 1907 , in Book 258 at Page 426 . 2 . Terms, agreements, covenants, provisions, conditions and obligations as contained in Agreement between Charles R. Meyer and Marlborough Investment Company recorded September 5 , 1951 , in Book 1311 at Page 165 , providing as follows: a. That said doorway at the rear or east end of that portion of second party' s building known as 930 Ninth Avenue in the City of Greeley, shall remain closed and will not be used for the purpose of ingress and egress to and from said building situate on said Lot 17 , except with the permission of the first party, his heirs, executors , administrators or assigns; that any use of said doorway which might involve going upon or across any portion of said Lot 18 shall be and shall be held to be a permissive use, and the owner and occupants of said portion of said Lot 17 shall not thereby acquire any right, title or interest in or to, nor any easement or right of way on, over or across said Lot 18 , or any part or parcel thereof, by virtue of any such use of said doorway. b. That first party reserves and retains the right for himself, his heirs, executors , administrators and assigns, to, at any time, prohibit the use of any portion of said Lot 18 for the purpose of ingress and egress to and from second party' s building through or by means of said doorway. c. Second party, for itself, its successors and assigns, acknowledges the right of the first party to the exclusive possession and enjoyment of all of said Lot 18 , Block 64 , in the City of Greeley, Weld County, Colorado, and second party in consideration of the premises, and such permission to use said doorway as a means of ingress and egress to and from said building as may be granted by the first party from time to time, agrees for itself, its successors or assigns, that it will never assert of claim a right to the use of said Lot 18 , or any part or parcel thereof, adverse to the right and title of the first party, his heirs, executors, administrators or assigns. 3 . The following leases: B 1082 REC 02022916 08/30/85 09: 31 $0. 00 2/003 F 1028 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO a. John E. Corkran, Corkran Optical, 922 Ninth Avenue, Greeley, Colorado. b. Winona Lorance, President, Winona' s Sub Shop, Inc. , 928 and 932 Ninth Avenue, Greeley, Colorado. c. The Colorado State Public Defender, 936 Ninth Avenue, Greeley, Colorado. B 1082 REC 02022916 08/30/85 09: 31 $0. 00 3/003 F 1029 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2022915 B 1082 REC 02022915 08/30/85 09: 30 $0.00 1/002 F 1025 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO REAL PROPERTY TAX AGREEMENT THIS AGREEMENT is made and entered into as of the 30th day of August, 1985 , between Robert M. Gilbert, First National Bank Building, Greeley, Colorado 80631 , as "Seller" and the Board of County Commissioners of the County of Weld, State of Colorado, 915 Tenth Street, Greeley, Colorado 80631 , as "Purchaser, " of the real property improvements described as: The North 140 feet of Lot 17 , Block 64 , City of Greeley, Colorado, as shown on the plat map originally recorded in September, 1870 , in the Office of the Weld County Clerk and Recorder, 915 Tenth Street, Greeley, Colorado, (hereinafter referred to as "property") . Purchaser has received $3 ,402. 47 , which represents Sellers portion of the 1985 real property taxes for the property, as proportioned to the date first written above, which is the date of closing for the sale and purchase of said described real property and improvements. The proportionment to date of closing is figured as follows: Using 1984 taxes as estimate for 1985 taxes: 1 . N50 ' of Lot 17 , Block 64 (922 9th Avenue. ) 1984 taxes for this parcel - $1 ,972 .40 . 242 days up to and including August 30 , 1985. $1 ,972 .40 X 242/365 = $1 ,307 .73 2 . N90 ' of S140 ' of Lot 17 , Block 64 (926 9th Avenue) 1984 taxes for this parcel - $3 ,159 .42 . 242 days up to and including August 30 , 1985 . $3 , 159 .42 X 242/365 = $2 ,094 .74 TOTAL $3 ,402.47 THE FOLLOWING THREE DOCUMENTS RELATE TO THE PURCHASE OF PROPERTY FROM ROBERT M. /r/ GILBERT. THE PURCHASE OF THIS PROPERTY WAS AUTHORIZED MAY 22, 1985. B 1082 REC 02022915 08/30/85 09: 30 $0. 00 2/002 F 1026 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO This proportionment of real property taxes on said described real property and improvements is to be considered final settlement. SELLER: Ro ert . Gilbert First National Bank Building Greeley, Colorado 80631 / SUBSCRIBED AND SWORN to before me this .30( day of 1. 4 , 1985 . ..•`'0100 do WITNESS my hand and official seal. o : r< Notary Public ��?^4 !± ' My commission expires: /Z -1-84 PURCHASER: ' eNE,ja.offeL. ATTEST: . BOARD OF COUNTY COMMISSIONERS p� WELD COUNTY, COLORADO Weld Cou' �y ��g ecorder and Cler "th'�trO BY' eputy k J cqu ne Joh on, Chairman FORM NO.C-5000 Colorado Region Form 342 ALTA Owners Policy—Form B—1970 Amended 10-17-70 POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF,TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2.Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Transamerica Title Insurance Company etlatfinki, a� #�Ratxxe•zr:� x e�„ � By z ;Pt ,44 President �-n� of +r �.a,. B7 d/ i ° •.`ef� �� d Secretary Ffta'4.1tift 'te°,'<g fit"c€d 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 interest insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly in The following terms when used in this policy mean: writing (i) in case any action or proceeding is begun or de- 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 subject to any rights or defenses the Company may have or interest which is adverse to the title to the estate or interest, against the named insured, those who succeed to the interest as insured, and which might cause loss or damage for which of such insured by operation of law as distinguished from the Company may be liable by virtue of this policy, or (iii) if purchase including, but not limited to, heirs, distributees, title to the estate or interest, as insured, is rejected as un- devisees, survivors, personal representatives, next of kin, or marketable. If such prompt notice shall not be given to the corporate or fiduciary successors. Company, then as to such insured all liability of the Company (b) "insured claimant": an insured claiming loss or dam- shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, age hereunder. (c) "knowledge": actual knowledge, not constructive that failure to notify shall in no case prejudice the rights of any g gsuch insured under this policy unless the Company shall be knowledge or notice which may be imputed to an insured by prejudiced 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" does not include any property beyond the lines of the area proceeding or to do any other act which in its opinion may be specifically described or referred to in Schedule A, nor any necessary or desirable to establish the title to the estate or right, title, interest, estate or easement in abutting streets, interest as insured, and the Company may take any appro- roads, avenues, alleys, lanes, ways or waterways, but nothing priate action under the terms of this policy, whether or not herein shall modify or limit the extent to which a right of it shall be liable thereunder, and shall not thereby concede access to and from the land is insured by this policy. liability or waive any provision of 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- f) "public records": those records which by law impart visions of this policy, the Company may pursue any such constructive notice of matters relating to said land. litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF a In all cases where this policy permits or requires the TITLE ( ) 9 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 [ermined 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 terminate any liability of the Company under this policy against by this policy. as to such loss or damage. • Continued on Front of Back Cover ”Pt ott DIVISION OF INSURANCE DEPARTMENT OF REGULATORY AGENCIES .,1 106 STATE OFFICE BUILDING • 201 E.COLFAX AVE. ✓B DENVER.COLORADO 80203 STATE OF COLORADO RICHARD O. LAMM GovERNOR .1 RICHARD BARNES.C L U May 1, 1977 ROBERT L BROWN o E.O..COMM,ssioRER 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 property or easements which allow persona .cross your property or to place utilities across you ..roperty.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 timely a 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-142.13 FORM NO.C-5000-1 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 9- 1970 (AMENDED 10-1T-70) SCHEDULE A Amount of Insurance$ 308 , 000 .00 Policy No. 8018703 Date of Policy September 3 , 1985 Sheet 1 of 3- 7 : 00 A.M. 1. Name of Insured: THE COUNTY OF WELD, STATE OF 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: THE COUNTY OF WELD, STATE OF COLORADO, a Body Corporate and Politic of the State of Colorado FORM NO. C-6000-2 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 5-1970 (AMENDED 10.17-70) 8018703 Sheet 2 of 3 S C H E D U L E A—Continued The land referred to in this policy is situated in the State of Colorado, County of , and is described as follows: Weld The North 140 feet of Lot 17 , Block 64 , in the CITY OF GREELEY FORM NO. C-6OOO-3B FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 5-1970 (AMENDED 10-17-70) 8018703 Sheet 3 of 3 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 . Terms, agreements, covenants, provisions, conditions and obligations as contained in Agreement between Charles R. Meyer and Marlborough Investment Company recorded September 5, 1951 in Book 1311 at Page 165, providing as follows: a. That said doorway at the rear or east end of that portion of second party' s building known as 930 9th Avenue in the City of Greeley, shall remain closed and will not be used for the purpose of ingress and egress to and from said building situate on said Lot 17, except with the permission of the first party, his heirs, executors, administra- tors or assigns; that any use of said doorway which might involve going upon or across any portion of said Lot 18 shall be and shall be held to be a permissive use, and the owner and occupants of said portion of said Lot 17 shall not thereby acquire any right, title or interest in or to, nor any easement or right of way on, over or across said Lot 18, or any part or parcel thereof, by virtue of any such use of said doorway. b. That first party reserves and retains the right for himself, his heirs, executors, administrators and assigns, to, at any time, prohibit the use of any portion of said Lot 18 for the purpose of ingress and egress to and from second party' s building through or by means of said doorway. c. Second party, for itself, its successors and assigns, acknowledges the right of the first party to the exclusive possession and enjoyment of all of said Lot 18, Block 64 , in the City of Greeley, Weld County, Colorado, and second party in consideration of the premises, and such permission to use said doorway as a means of ingress and egress to and from said building as may be granted by the first party from time to time, agrees for itself, its successors or assigns, that it will never assert or claim a right to the use of said Lot 18, or any part or parcel thereof, adverse to the right and title of the first party, his heirs , executors, administrators or assigns. 7 . Any and all leases and tenancies. 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- 10. APPORTIONMENT sured against or to terminate all liability and obligations of 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, unless a liability or value has otherwise (a) The liability of the Company under this policy shall been agreed upon as to each such parcel 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 shall be subrogated to and be entitled to all rights and reme- (c) When liability has been definitely fixed in accordance dies which such insured claimant would have had against any with the conditions of this policy, the loss or damage shall be 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 claimant shall transfer to the Company all rights and remedies 7. LIMITATION OF LIABILITY against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to No claim shall arise or be maintained under this policy (a) if the Company, after having received notice of an alleged liti the name of such insured righ claimantorem in any transaction hepayment or defect, lien or encumbrance insured against hereunder, by does not on involvingloss such u remedies.claimant,f the litigation or otherwise, removes such defect, lien or encum- sha cover the to to such such insured n ed the Company pro- brance or establishes the title, as insured, within a reasonable shall be which said to rights and remedies in the time after receipt of such notice; (b) in the event of litigation portion said payment bears to the amount of said loss. until there has been a final determination by a court of`g corn- If loss should result from any act of such insured claimant, petent jurisdiction, and disposition of all appeals therefrom, such act shall bell not void ie this policy, but that a Company, in that adverse to the title. as insured, as provided in paragraph 3 event, against required to which c only part of any losses , i f hereof; or (c) for liability voluntarily assumed by an insured insuredany, lost h hereunder by shall the eheeed impairment thr of the in settling any claim or suit without prior written consent of igh to the Company reason of of the the Company. right of subrogation. 8. REDUCTION OF LIABILITY 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other All payments under this policy, except payments made for instruments, if any, attached hereto by the Company is the costs, attorneys' fees and expenses, shall reduce the amount entire policy and contract between the insured and the of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless Company. the policy be lost or destroyed, in which case proof of such Any claim of loss or damage, whether or not based on loss or destruction shall be furnished to the satisfaction of negligence, and which arises out of the status of the title to the Company. the 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 amendment of or endorsement to this policy can be It is expressly understood that the amount of insurance made except 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 13. NOTICES, WHERE SENT the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this All notices required to be given the Company and any policy. The Company shall have the option to apply to the pay- statement in writing required to be furnished the Company ment of any such mortgages any amount that otherwise would shall be addressed to Transamerica Title Insurance Company, be payable hereunder to the insured owner of the estate or P. O. Box 605, Denver, Colorado 80201. 1 —d = a �� N`y p 0 C (c • H- a Z Yy i o 0 t om ••• ^y CJ V° O m ` N ❑ pc g❑ To 3 TO 'm �LL E CJCy N O O O 5 Z w5 wm O'm Co =<i o, o ° -o Oq c6 7 Uv d - CvO •V �w • gm° Ew Oa 3m • ON . cu • Oa • 3c • 9im • Vm • _ O IS $° • vS • `Ow • O ,°° $- • Q • `m. 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