The URL can be used to link to this page

Browse Search

Home My WebLink About911054.tiff ,P AR22b21413 RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE 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 CD U with the authority of administering the affairs of Weld County, Colorado, and O \i 0 WHEREAS, the Board has been presented with an Agreement for Sale and U Purchase of Real Estate Including Land and Any and All Improvements from Siegrist AConstruction Company and St. Vrain Land Company, with the further terms and o W conditions being as stated in said Agreement, and o• o W WHEREAS, after review, the Board deems it advisable to approve said tA q Agreement, a copy of which is attached hereto and incorporated herein by 0 reference. 0 U w ig NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld n County, Colorado, that the Agreement for Sale and Purchase of Real Estate from rn Siegrist Construction Company and St. Vrain Land Company be, and hereby is, o a approved. w � a • U BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, M z authorized to sign any documents related to the purchase of said Real Estate. O H \w O E+ The above and foregoing Resolution was, on motion duly made and seconded, o a adopted by the following vote on the 28th day of August, A.D. , 1991. oa d w BOARD OF COUNTY COMMISSIONERS Z ATr: WELD COUNTY, COLORADO r 2 o 'tC Weld Co90itir)')to the Board _ N J {d, Gor o acy, airman x By; O co (D�pl.y e d tpe B orge Kenn dy, Pro-Tem /m v1 _ ./Y'.• '... t o AEPfCO TO 'F EXCUSED W W YIP , Constance L. Harbert �. 1 �ounty tt T C. W. Kirby /021437 W. H. Webste 911054 ?FR O2 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY ThANSAMERICA IT 1'LE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Compa- ny,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF,TRANSAMERICA TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSAMERICA TITLE INSURANCE COMPANY p 1SllE I'44lota - �� e ryn� By BY g xNt00.PORArpQ n a Authorized Countersignature 'rE President d 'a. I r 23, VOCI / „� Attest: e ^ e truat Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: L (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 911054 American Land Title Association Owner's Policy (6-1-87) Face Page Valid Only If Schedule A, B and Cover Are Attached Form 1141-41 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the The following terms when used in this policy mean: Company may pursue any litigation to finandetermination by a court of a "insured": the insured named in Schedule A, and, subject [o an competent jurisdiction and expressly reserves the right, in its sole discretion, (a) J y to appeal from any adverse judgment or order. rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide corporate or fiduciary successors. defense in the action or proceeding, and all appeals therein, and permit the (b) "insured claimant": an insured claiming loss or damage. Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's (c) "knowledge" or "known": actual knowledge, not constructive expense, shall give the Company all reasonable aid (i) in any action or knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement, and (ii) in any constructive notice of matters affecting the land. other lawful act which in the opinion of the Company may be necessary or (d) "land": the land described or referred to in Schedule A, and desirable to establish the title to the estate or interest as insured. If the improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required term "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy described or referred to in Schedule A, nor any right , title, interest, estate shall terminate,including any liability or obligation to defend,prosecute, or or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such waterways, but nothing herein shall modify or limit the extent to which a cooperation. right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE. (e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these instrument. Conditions and Stipulations have been provided the Company, a proof of (f) "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or respect to Section 1(a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or lien or encumbrance on the title, or records" shall also include environmental protection liens filed in the other matter insured against by this policy which constitutes the basis of records of the clerk of the United States district court for the district in loss or damage and shall state, to the extent possible, the basis of which the land is located. calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss (g) "unmarketability of the title": an alleged or apparent matter affecting or damage, the Company's obligations to the insured under the policy shall the title to the land, not excluded or excepted from coverage, which would terminate, including any liability or obligation to defend, prosecute, or entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard to the matter or matters requiring such released from the obligation to purchase by virtue of a contractual proof of loss or damage. condition requiring the delivery of marketable title. In addition, the insured claimant may reasonably be required to submit 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the OF TITLE. Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers, checks, favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further, if mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine , inspect and copy all records, shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and memoranda in the custody or either(i)an estate or interest in the land, or(ii)an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage. a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for The insured shall notify the Company promptly in writing(i) in case of examination under oath, produce other reasonably requested information any litigation as set forth in Section 4(a)below, (ii)in case knowledge shall come to an insured hereunder of any claim of title or interest which is or grant permission secure reasonably necessary information third adverse to the title to the estate or interest, as insured, and which might parties as required in this paragraph shall terminate any liability of the cause loss or damage for which the Company may be liable by virtue of Company under this policy as to that claim. this policy, or (iii) if title to the estate or interest, as insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION OF LIABILITY. to the insured all liability of the Company shall terminate with regard to In case of a claim under this policy, the Company shall have the the matter or matters for which prompt notice is required; provided, following options: however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance. prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, up to the INSURED CLAIMANT TO COOPERATE. time of paymant or tender of payment and which the Company is obliga- ted to pay. (a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation, and the policy shall be adverse to the title or interest as insured, but only as to those stated causes surrendered to the Company for cancellation. of action alleging a defect, lien or encumbrance or other matter insured (b)To Pay or Otherwise Settle With Parties Other than the Insured or against by this policy. The Company shall have the right to select counsel With the Insured Claimant. of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together not be liable for and will not pay the fees of any other counsel. The with any costs, attorneys' fees and expenses incurred by the insured Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay; or against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' (b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized prosecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Company is opinion may be necessary or desirable to establish the title to the estate or obligated to pay. interest, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for The Company may take any appropriate action under the terms of this in paragraphs (b)(i) or (ii), the Company's obligations to the insured under policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage, other than the payments concede liability or waive any provision of this policy. If the Company required to be made,shall terminate, including any liability or obligation to shall exercise its rights under this paragraph, it shall do so diligently. defend, prosecute or continue any litigation. itions and Stipulations Continued Inside Cover B1141-41 corvTaoL Na 151 - 0 0 0 '." 0 si TRANSAMERICA TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $ 700, 000. 00 Policy No. : 8030125 Date of Policy: September 2, 1991 at 7 : 00 A.M. 1. Name of Insured: Weld County, 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: FEE SIMPLE 3 . The estate or interest referred to herein is at Date of Policy vested in: Weld County, a body corporate and politic of the State of Colorado 4 . The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) 911054 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030125 LEGAL DESCRIPTION A tract of land located in the NW1/4 of Section 2 , Township 2 North, Range 68 West of the 6th P.M. , and in the SW1/4 of Section 35, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows: Beginning at the center of said Section 2 and considering the South line of the NW1/4 of Section 2 to bear North 89 degrees 47 minutes 45 seconds West with all other bearings relative thereto; thence North 89 degrees 47 minutes 45 seconds West, 799. 34 feet; thence North 01 degree 03 minutes 46 seconds East, 330. 32 feet; thence South 89 degrees 43 minutes 25 seconds West, 240. 00 feet; thence South 00 degrees 58 minutes 06 seconds East, 328 . 34 feet; thence North 89 degrees 47 minutes 45 seconds West, 1540. 02 feet along the South line of the NW1/4 of Section 2 to the East right of way line of Interstate Highway 25, said point being 50 feet East of the West Quarter corner of Section 2; thence North 00 degrees 17 minutes 36 seconds East, 2567.46 feet along said East right of way to a point on the North line of the NW1/4 of Section 2, said point being 50. 01 feet East of the Northwest corner of Section 2, and common with the Southwest corner of Section 35, Township 3 North, Range 68 West; thence North 00 degrees 46 minutes 36 seconds West, 51. 30 feet along the East right of way of Interstate 25 to the approximate centerline of St. Vrain Creek as indicated by the midpoint of the Frontage Road bridge; thence North 77 degrees 53 minutes 36 seconds East, 2642 . 52 feet along said approximate creek centerline to a point on the East line of the SW1/4 of said Section 35; thence South 00 degrees 31 minutes 47 seconds East, 577. 61 feet along said East line to the South Quarter corner of Section 35; thence South 00 degrees 44 minutes 42 seconds West, 2604. 70 feet along the East line of the NW1/4 of said Section 2 to the Point of Beginning. Page 2 91 054 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030125 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 correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. 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 . 7 . Right of way for constructing and maintaining an irrigation ditch of Last Chance Ditch Company, as granted to G. A. Fleming, Thomas Burbridge, Cutler Porter, J. B. Dudley, Charles W. Burbridge, Henry Wright, T. A. McKissick and Wm. McKissick in Right of Way Deed recorded May 29, 1886 in Book 63 at Page 8, in which the specific location of said right of way is not defined. (Affects NW1/4 Section 2) 8 . All coal that may be underneath the surface of said land and right of way across same for working said land and right of way across same for working said mine and transportation of the coal from same, as reserved by The Union Pacific Railway Company in Deed recorded October 8, 1891 in Book 106 at Page 45, and any interests therein or rights thereunder. (Affects NW1/4 and W1/2SW1/4 of Section 35) 9. Farmers No. 3 Reservoir, and any and all rights of way therefor, as evidenced by Map filed June 1, 1910 as Filing No. 156140, insofar as the same may affect subject property. Page 3 911054 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030125 SCHEDULE B - continued 10. Sanborn Ditches, and any and all rights of way therefor, as evidenced by Map filed August 2 , 1922 as Filing No. 387002, insofar as the same may affect subject property. (Affects Section 35) 11. Reservation of right of way for any ditches or canals constructed by authority of the United States, in U.S. Patent recorded December 6, 1916 in Book 461 at Page 26 . (Affects SW1/4SW1/4 of Section 35) 12 . Easement and right of way to lay, maintain, inspect, operate, replace, change or remove a pipeline for the transportation of oil, cas or other products thereof, as granted to Wyco Pipe Line Company in Right of Way Conveyance recorded March 13 , 1947 in Book 1199 at Page 425, in which the specific location of said easement is not defined. (Affects W1/2 Section 35) 13 . Easement and right of way to lay, maintain, inspect, operate, replace, change or remove a pipe line for the transportation of oil, gas and the products thereof, as granted to Wyco Pipe Line Company in right of Way Conveyance recorded May 1, 1947 in Book 1202 at Pace 593 , in which the specific location of said easement is not defined. (Affects NW1/4 Section 2) 14 . Right of way to install and maintain a waste ditch, as granted to The Last Chance Ditch Company in Agreement recorded December 4, 1947 in Book 1216 at Page 171, in which the specific location of said right of way is not defined. (Affects NW1/4 Section 2) 15. Easement and right of way for the maintenance of a ditch, as granted to The Rural Ditch Company in Agreement recorded June 9, 1967 in Book 582 as Reception No. 1504446, in which the specific location of said easement is not defined. 16. Oil and gas lease between Carl H. Adler and T. S. Pace dated April 29, 1970, recorded May 21, 1970 in Book 626 as Reception No. 1547776, 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 Amoco Production, recorded November 29 , 1974 in Book 727 as Reception No. 1649399. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Amoco Production, recorded February 9, 1976 in Book 759 as Reception No. 1680832 . Page 4 911054 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030125 SCHEDULE B - continued 17 . All oil and gas rights appurtenant thereto, together with the right of ingress and egress to prospect for, drill and mine the same as reserved by Mary Adler as Personal Representative of the Estate of Carl H. Adler in the Deed to Robert L. Siegrist recorded January 21, 1982 in Book 959 as Reception No. 1880637, and any interests therein or rights thereunder. (Affects property as described in said deed) 18 . Right of way for a public highway as granted to Weld County by The Colorado Investment and Realty Company by Right of Way Deed recorded March 31, 1938 in Book 1024 at Page 115, affecting the following described property: A piece or parcel of land various widths, and lying parallel to the West Section line of Section 2 , and contained within the boundaries of the NW1/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M. , and more particularly described as follows: Commencing at a point which is the Northwest corner of Section 2 , Township 2 North, Range 68 West of the 6th P.M. , at center line Section 1402+31.8 on new proposed Road #185, which is the Point of Beginning. Thence Easterly along the North Section property fence line of said Section 2 for a distance of 50 feet; thence on a bearing South 0 degrees 26 minutes west along new proposed right of way line for a distance of some 2 , 716 feet, more or less, to the intersection of South property line or (North ROW fence line of County side road) ; thence Westerly along said South property line for a distance of 20 feet, more or less, to the intersection of present ROW fence line on old road; thence Northerly along old ROW fence line of present road for a distance of 634 feet, more or less; thence Easterly for 20 feet, more or less, thence along new ROW line bearing North 0 degree 26 minutes East for a distance of 200 feet; thence Westerly for 50 feet; thence along West Section line whose bearing is North 0 degree 26 minutes East for a distance of 600 feet, more or less; thence Easterly for 50 feet; thence North 0 degrees 26 minutes East along a new ROW line for a distance of 125 feet, more or less; thence Westerly for 50 feet, more or less; thence along said West Section line on a bearing North 0 degrees 26 minutes East for a distance of 225 feet; more or less; thence Easterly for 50 feet; thence North 0 degrees 26 minutes East along new ROW line for a distance of 100 feet more or less; thence Westerly 50 feet; thence along said West Section line on a bearing North 0 degrees 26 minutes East for a distance of 832 feet, more or less to the Northwest corner of Section 2 , or the point of beginning. Page 5 911054 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030125 SCHEDULE B - continued 19. All oil and gas rights, together with the right of ingress and egress to prospect for, drill and mine the same, as conveyed to Floyd Adler, Arthur V. Adler, Lawrence C. Adler, Orville Adler, Lily Wooden, Dale Adler, Shirley Anderson, Eva Jane Kong, Mary McCain, Jerald Adler and Carolyn Roe, by Mary Adler, as Personal Representative of the Estate of Carl H. Adler, deceased, by Deed recorded December 27, 1983 in Book 1016 as Reception No. 1951081, and any interests therein or rights thereunder. (Affects property described in said deed) 20. All oil and gas rights appurtenant thereto, together with the right of ingress and egress to prospect for, drill and mine, as reserved by Mary Adler, Floyd Adler, Arthur V. Adler, Lawrence C. Adler, Orville Adler, Lily Wooden, Dale Adler, Shirley Anderson, Eva Jane Kong, Mary McCain, Jerald Adler, and Carolyn Roe, in the Deed to St. Vrain Land Company, a general partnership recorded August 30, 1984 in Book 1041 as Reception No. 1979661, and any interests thereunder or rights thereunder. (Affects property described in said deed) 21. Terms, agreements, provisions, conditions, obligaticns and Easements as contained in Special Use Permits recorded May 27, 1982 in Book 969 as Reception No. 1893052 and recorded October 19, 1984 in Book 1046 as Reception No. 1985564 . 22 . Easement and right of way to lay, maintain and operate a natural gas pipeline, as granted to Rocky Mountain Natural Gas Company, Inc. by St. Vrain Land Company, recorded April 22, 1986 in Book 1110 as Reception No. 02050718, affecting the following described property: A 10' wide by approximately 900' long right-of-way and easement beginning at the centerline of Weld County Rd. 24 . 5, thence 900' North paralleling and adjoining the West property line along the I-25 frontage road. All of said land is in Section 2, Township 2 North, Range 68 West of the 6th P.M. 23 . St. Vrain Creek and any and all rights of way therefore as shown on survey by Nelson Engineers dated August, 1991, as Project No. 115. 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 necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Page 6 91054 TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030125 SCHEDULE B - continued Book 1041 as Reception No. 1979784 . (c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book 1229 as Reception No. 2175917 . (d) Western Gas Supply Company, Recorded April 2 , 1985 in Book 1063 as Reception No. 2004300. (e) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 as Reception No. 2058722 . (f) United Power, Inc. , formerly Union Rural Electric Association, Inc. , recorded January 24, 1991 1n Book 1288 as Reception No. 02239296. (g) St. Vrain Sanitation District, recorded December 14, 1988 in Book 1218 as Reception No. 02164975. Page 7 911054 CONDI HONE A NO S I WI-LA`.IONS • • (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b)When liability and the extent of loss or damage has been definitely This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days [hereafter. or damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. the extent herein described. (a) The liability of the Company under this policy shall not exceed the (a) The Company's Right of Subrogation. least of: Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by (i) the Amount of Insurance stated in Schedule A; or, any act of the insured claimant. (ii) the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and insured and the value of the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person or lien or encumbrance insured against by this policy. property in respect to the claim had this policy not been issued. If (b) In the event the Amount of Insurance slated in Schedule A at the requested by the Company, the insured claimant shall transfer to the Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary interest or the full consideration paid for the land, whichever is less, or if in order to perfect this right of subrogation. The insured claimant shall subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the which increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies. Policy is subject to the following: If a payment on account of a claim does not fully cover the loss of the (i)where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogated to these rights and loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the the amount of insurance at Date of Policy bears to the total value of the whole amount of the loss. insured estate or interest at Date of Policy; or If loss should result from any act of the insured claimant, as stated (ii) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event, loss, the Company shall only pay the loss pro rata in the proportion that shall be required to pay only that part of any losses insured against by this I20 percent of the Amount of Insurance stated in Schedule A bears to the policy which shall exceed the amount, if any, lost to the Company by sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right expended for the improvement. of subrogation. The provisions of this paragraph shall not apply to costs, attomeys' fees (b)The Company's Rights Against Non-insured Obligors. and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall only apply to that portion of any loss which exceeds, in the aggregate, 10 exist and shall include, without limitation, the rights of the insured to percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds, (c) The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments incurred in accordance with Section 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy. 8. APPORTIONMENT. 14. ARBITRATION If the land described in Schedule A consists of two or more parcels Unless prohibited by applicable law, either the Company or the insured which are not used as a single site,and a loss is established affecting one or may demand arbitration pursuant to the Title Insurance Arbitration Rules more of the parcels but not all, the loss shall be computed and settled on a of the American Arbitration Association. Arbitrable matters may include, pro rata basis as if the amount of insurance under this policy was divided but are not limited to, any controversy or claim between the Company and pro rata as to the value on Date of Policy of each separate parcel to the the insured arising out of or relating to this policy, any service of the whole, exclusive of any improvements made subsequent to Date of Policy, Company in connection with its issuance or the breach of a policy unless a liability or value has otherwise.been agreed upon as to each parcel provision or other obligation. All arbitrable matters when the Amount of by the Company and the insured at the time of the issuance of this policy Insurance is$1,000,000 or less shall be arbitrated at the option of either the and shown by an express statement or by an endorsement attached to this Company or the insured. All arbitrable matters when the Amount of policy. Insurance is in excess of$1,000,000 shall be arbitrated only when agreed to 9. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy (a) If the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Date of Policy land, or cures the claim of unmarketability of title, all as insured, in a shall be binding upon the parties. The award may include attorneys' fees reasonably diligent manner by any method, including litigation and the only if the laws of the state in which the land is located permit a court to completion of any appeals therefrom, it shall have fully performed its award attomeys' fees to a prevailing party. Judgment upon the award obligations with respect to that matter and shall not be liable for any loss rendered by the Arbitrator(s) may be entered in any court having or damage caused thereby. jurisdiction thereof. (b) In the event of any litigation, including litigation by the Company .The law of the situs of the land shall apply to an arbitration under the or with the Company's consent, the Company shall have no liability for Title Insurance Arbitration Rules. loss or damage until there has been a final determination by a court of A copy of the Rules may be obtained from the Company upon request. competent jurisdiction, and disposition of all appeals therefrom, adverse to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE the title as insured. (c)The Company shall not be liable for loss or damage to any insured CONTRACT. for liability voluntarily assumed by the insured in settling any claim or suit (a) This policy together with all endorsements, if any, attached hereto without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. OF LIABILITY. (b) Any claim of loss or damage, whether or not based on negligence, All payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to tanto. this policy. 11. LIABILITY NONCUMULATIVE. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the It is expressly understood that the amount of insurance under this policy President, a Vice President, the Secretary, an Assistant Secretary, or shall be reduced by any amount the Company may pay under any policy validating officer or authorized signatory of the Company. insuring a mortgage to which exception is taken in Schedule B or to which 16. SEVERABILITY. the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or In the event any provision of the policy is held invalid or unenforceable interest described or referred to in Schedule A,and the amount so paid shall under applicable law, the policy shall be deemed not to include that provi- be deemed a payment under this policy to the insured owner. sion and all other provisions shall remain in full force and effect. 12. PAYMENT OF LOSS. 17. NOTICES, WHERE SENT. (a) No payment shall be made without producing this policy for All notices required to be given the Company and any statement in writing endorsement of the payment unless the policy has been lost or destroyed, in required to be furnished the Company shall include the number of this policy which case proof of loss or destruction shall be furnished to the satisfaction and shall be addressed to TRANSAMERICA TITLE INSURANCE COMPA- of the Company. NY,6670 AMADOR PLAZA,DUBLIN,CALIFORNIA 94568-2930. NM 1 911054 American Land Title Association Owner's Policy(10-21-87) Cover Page Valid Only If Face Page, Schedules A and B Are Attached �...: .....,,-::�rrrr•,m=rnrn3aw:atn.,•n,•mm�—.r-..arc, .:.a. . uui.n. n,,, ..,.: �..��. � ...- --'- '-- •'" --.r.rr•'^•i�'^r.'.+•-': ^' ..._.- .'!, �t`y T 17P T IG I I, 1i II e Ia{ I . !ii ;li it I I I :.: i �_ ._ -_ - ---- .TT. .�: •--;-,---:.-7_77:-_--- --•imm..^.r- .+•r.r.j•^r•r ` -.. _. .__ -.... ... _..... -.... ....-.Witt.. _ _. .-_.Whit. _ __ i I I o Q W V U ttiW rt o " �+ 07o� U W Z W ti o,2 � c •> 0 0 ~ rfR h G�le g ItsC/J t� boa aE'l '� W _ �m �` V F.I., A 0 g Ir: E � � a I ;1 I ,-- __ Trn•r•r• r--i�rmrnTmrlmm'xT•CI". ^rT-^'^7'rf9'7..I wuwn.ndL"1'QCG)ap±icfl'l[GIII.11lu.iuwy'.--_ QCfrF7 [170 ice__. •. i..u.:n. _ ••—v -.—.—.. ...__—__ __._With. _ .-- _._ _ rm'mrmmrmmm ` .'-..u.___AMTC�TTT'1'Tf.T'LII]N.i1�.flCRIlIfI�Lm-L.4RI��rr��r "Mt ml•+nrnm�•n.mT'I.r.+[rl:O�' � tTl/IIRTrI�I`IfIYI ._. 1 II I,I I • I ' iI i i _ ... _ ._.. .. _ ...___ Whit... _ _ ___ . i,---...-.__.-'-L':.2._""'_cllail.^.:.!!2.1'riJ:...'1771^._2r.i.mULM1_"L.._-.:._..•. b:k'.71l.T.:i:::::1`:_.:':'T'.._..:::-..1..!. ...17.77:7...:' ''��.C:r:rn �TRRri.r..-..t.:157(42CL.' ,--=...-^--'-_�_•L._-:7LT*1..-AF::�.:--�.. �.. -.... .._. _ Witt -__—-. ..-Whit_. Aft 2261417 _ B 1309 02261417 08/30/91 OEN-- $0 . 00 1/002 Reception No. F 1202 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE August 29, 1991 Date partnership ST. VRAIN LAND COMPANY, a general / Origin al Grantor MARY ADLER ADLER, ORVILLE OARTHUR LLEADLER, LILYWOODEN ADALE ADLER, SHIRLEY (Borrower) SHIRLEY ANDERSON, EVA JANE KONG, MARY MC CAIN, JERALD ADLER Original Beneficiary AND CAROLYN ROE (Lender) August 29, 1984 Date of Deed of Trust August 30, 1984 Recording Date of • Deed of Trust WELD County of Recording 01979662 1999 Reception and/or Film Nos.of Recorded Deed of Trust Reception No. Film No. 1041 Book and Page of Deed of Trust Book No. Page No. TO THE PUBLIC TRUSTEE OF WELD County(The Public Trustee to which the above Deed of Trust conveys the said property.) Please execute this release, as the indebtedness has been fully paid and/or the terms and conditions of the trust have been fully satisfied. MARY ADLER, FLOYD ADLER, ARTHUR V. ADLER, LAWRENCE C. ADLER, ORVILLE ADLER, LILY WOODEN, DALE ADLER, SHIRLEY ANDERSON, EVA JANE KONG,MARY MC CAIN, JERALD ADLER AND CAROLYN ROE Current Owner and Holder of the Evidence of Debt Secured by Deed of Trust(Lender) FLANDERS, SONNESYN & STOVER, ATTORNEYS AT LAW. ATTORNEYS FOR NOTEHOLDERS BY rNamf`s""/tleofgpentor �ent Owner an Ider Signature J 0. FLANDERS, PARTNE Signatu e State of Colorado,County of BOULDER The foregoing request for release was acknowledged before me on August 29, 1991 (date)by* , "_70HN II. FLANDERS PARTNER OF FLANDERS, SONNESYN Witness My Hand and Seal t-STOVE1 -itfORNEYS AT LAW, ATTORNEYS FOR :J:' V1(4.17l11yi�TrR �- I �!� ;` 4104127 Notary Public 36, 1994 Date Commission Expires ' RELEASE OF DEED OF TRUST f• KNOW ALL MEN,that the above referenced Grantor(s),by Deed of Trust,conveyed certain real property described in said Deed of Trust,to the Public Trustee of the County referenced above,in the State of Colorado,to be held in trust to secure the payment of the indebtedness referred to therein. NOW THEREFORE,at the written request of the legal holder of the said indebtedness,and in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I,as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real property,and unto the heirs,successors and assigns of such owner or owners forever,all the right,title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, and more particularly described as follows: SEE ATTACHED SCHEDULE "Btt TO HAVE AND TO HOLD THE SAME,with all the privileges and appurtenances thereunto belonging forever and further I do hereby fully and absolutely release,cancel and forever discharge said Deed of Trust. AUG 2 9 1991 ]fK(/EVIN J. STARKSPublic/J� By •ISL-o`aC-44-0 J�yK�Trustee State of Colorado,County of Weld Ueputy P.V.tic"fmstee ..0 . r The 11U�Q( t' in try1 tim was acknowledged before me on r' '• J.•• •'•:�� L 9D1 (date)by Witness My Hand atidt$rea��1a nC/ t, DONNA nL.hSCHMIDT as the �' A_e--►- DE U Public Trustee of _ r. Weld County,Colorado. ( i(Ca V,- ��A ' �� -� � '�� APRIL 4, 1995 •� Nippy},Public Date Commission Expires 107.0 9th Street, Greeley, CO 80631,. 1 •If applicable.insert title of agent or officer and name of current owner and holder. Original Note and Deed of Trust Returned to: Received by No.915.Rev.9-90. (REQUEST FOR)(RELEASE)OF DEED OF TRUST© Bradford Publishing,1743 Wazec St.,Denver,CO 80202—(303)292-2500-9-90 \\7J WHEN RECORDED RETURN TO: \\7J 911054 B 1309 REC 02261417 08/^ 30/91 08 : 59 $0 .00 2/002 _ F 1203 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SCHEDULE "B" The Northwest quarter and the East half of the Southwest quarter and the West half of the Southeast quarter of Section 2, Township 2 North of Range 68 West of the 6th P.M. ; EXCEPT that portion of said premises deeded to Robert L. Siegrist by deed recorded January 21, 1982, in Book 0959, Reception No. 1880637, weld County Records, more particularly described as follows: A tract of land located in the NW 1/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M. , being more particularly described as follows: COMMENCING at the North quarter corner of Section 35, Township 3 North, Range 68 West of the 6th P.M. , and considering the North-South centerline of said Section 35 to bear South 00°31'47" East with all other bearings contained herein relative thereto; thence South 00°31' 47" East, 2357.60 feet; thence continuing South 00°31 '47" East, 2995.71 feet to the South quarter corner of said Section 35, the TRUE POINT OF BEGINNING; thence South 00°44'42" West along the North-South centerline of said Section 2, 1152. 26 feet; thence South 67°03' 26" West, 1054.32 feet; thence South 84°52'07" West, 1617. 56 feet to a point on the East right-of-way of Interstate Highway 25; thence North 00°17' 36" East along said East right-of-way, 1679.95 feet to a point on the South line of said Section 35; thence North 89°23' 23" East, 2638. 53 feet to the TRUE POINT OF BEGINNING; TOGETHER WITH all ditch and water rights appertaining to said premises, including five ( 5) shares of the capital stock of The Rural Ditch Company; 91105`'4 Recorded at • • ' , AR226b4b9 B 13C REC 02261419 08/30/91 0. . J0 $0 .00 1/006 F 1210 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED THIS DEED, Made this 29th day of August 19 91 . between St. Vrain Land Company, a General Partnership, a/k/a St. Vrain Land Co. , a Colorado General Partnership of the County of Weld ,State of Colorado,grantor(s)and Weld County, a body corporate' and politic of the State of Colorado, whose legal address is 915 10th Street of the County of We id ,State of Colorado,grantee(s): WITNESSETH,That the grantor(s),for and in consideration of the sum of Six—Hundred Seventy—Nine Thousand,Eight—Hundred Thirty—Six ($679, 836 . 00) DOLLARS, I the receipt and sufficiency of which is hereby acknowledged,haS granted,bargained,sold and conveyed,and by these presents do e S grant, bargain,sell,convey,and confirm,unto the grantee(s), 1 t S heirs and assigns forever,all the real property,together with improvements, if any,situate,lying and being in the County of Weld ,State of Colorado, described as follows: All of the real property and any improvements thereon described in the attached "Exhibit A" . also known by street and number as: N/A I TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s),either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee(s), 1 t S heirs and assigns torever.And the grantor(s),for it sel f, its heirs and personal representatives,do es covenant,grant,bargain,and agree to and with the grantee(s), 1t heirs and assigns,that at the time of the ensealing and delivery of these presents. it is well seized of the premises above conveyed,ha S good,sure,perfect,absolute and indefeasible estate of inheritance,in law, in fee simple, and ha S good right,full power and authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free I and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances,and restrictions of whatever kind or nature soever, except The items listed in the attached "Exhibit B" . 1 The grantor(s)shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), 1t his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,the grantor(s) ha s executed this deed on the date set forth above. St. Vrain Land Company, a Genera Partnership, a/k/a S . Vrain Lan' Co. , a Colorado Ge al artners ip By: rl0 fL O Sie Robert 1st, Partner STATE OF COLORADO County a Boulder The foreg •J acknowledged before me this 29th day 01 AUgUSt , 19 91 by . Qi grist, Partner. '9 . of St.' Vrain Land Company • My y�9 . on*iv � �'�, �� Witness my hand and official seal. PUBLIC IF Nntep-Pubho h ` y}� 0 y,: O�U{ tili, .e �®Goo s w v,I *If in �k':A--- mss. a 4` p c��^T. . I n No.932.Rev.3.R5. WARRANTY DEED(For Photographic Record) Bradford Publishing.1743 Wazee SI Denver,CO 80202--O031 292 2500— 12-88 911.054 B 1309 REC 02261419 08/30/91 09 : 00 $0 . 00 2/006 F 1211 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A LEGAL DESCRIPTION A tract of land located in the NW1/4 of Section 2 , Township 2 North, Range 68 west of the 6th P.M. , and in the SW1/4 of Section 35, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of colorado, being more particularly described as follows : Beginning at the center of said Section 2 and considering the South line of the NW1/4 of Section 2 to bear North 89 degrees 47 minutes 45 seconds West with all other bearings relative thereto; thence North 89 degrees 47 minutes 45 seconds West, 799 . 34 feet; thence North 01 degree 03 minutes 46 seconds East, 330 . 32 feet; thence South 89 degrees 43 minutes 25 seconds West, 240 . 00 feet; thence South 00 degrees 58 minutes 06 seconds East, 328 . 34 feet; thence North 89 degrees 47 minutes 45 seconds West, 1540 . 02 feet along the South line of the NW1/4 of Section 2 to the East right of way line of Interstate Highway 25, said point being 50 feet East of the West Quarter corner of Section 2 ; thence North 00 degrees 17 minutes 36 seconds East, 2567 . 46 feet along said East right of way to a point on the North line of the NW1/4 of Section 2 , said point being 50 . 01 feet East of the Northwest corner of Section 2 , and common with the Southwest corner of Section 35 , Township 3 North, Range 68 West; thence North 00 degrees 46 minutes 36 seconds West, 51 . 30 feet along the East right of way of Interstate 25 to the approximate centerline of St . Vrain Creek as indicated by the midpoint of the Frontage Road bridge; thence North 77 degrees 53 minutes 36 seconds East, 2642 . 52 feet along said approximate creek centerline to a point on the East line of the SW1/4 of said Section 35 ; thence South 00 degrees 31 minutes 47 seconds East, 577 . 61 feet along said East line to the South Quarter corner of Section 35 ; thence South 00 degrees 44 minutes 42 seconds West, 2604 . 70 feet along the East line of the NW1/4 of said Section 2 to the Point of Beginning. exsiegri . rmm 911.054 B 1309 REC 02261419 08/30/91 09: 00 $0 .00 3/006 F 1212 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B EXCEPTIONS 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 . 1 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records . 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date of the title insurance policy but prior to the date the grantee acquires the property of record for value. 6 . 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. 7 . 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 . 8 . Right of way for constructing and maintaining an irrigation ditch of Last Chance Ditch Company, as granted to G. A. Fleming, Thomas Burbridge, Cutler Porter, J.B. Dudley, Charles W. Burbridge, Henry Wright, T. A. McKissick and Wm. McKissick in Right of Way Deed recorded May 29 , 1886 , in Book 63 at Page 8 , in which the specific location of said right of way is not defined. (Affects NW1/4 , Section 2 ) . 9 . All coal that may be underneath the surface of said land and right of way across same for working said land and right of way across same, as reserved by The Union Pacific Railway Company in Deed recorded October 8, 1891, in Book 196 at Page 45 , and any interests therein or rights thereunder. (Affects NW1/4 and W1/2 SW1/4 of Section 35 ) . 911054 B 1309 REC 02261419 08/30/91 09 : 00 $0 .00 4/006 F 1213 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 10 . Farmers No. 3 Reservoir, and any and all rights -of way therefor, as evidenced by Map filed June 1, 1910, as Filing No. 156140, insofar as the same may affect subject property. 11 . Sanborn Ditches, and any and all rights of way therefor, as evidenced by Map filed August 2 , 1922 , as Filing No. 387002 , insofar as the same may affect subject property. (Affects Section 35) . 12 . Reservation of right of way for any ditches \or canals constructed by authority of the United States, in U. S. Patent recorded December 6 , 1916 , in Book 461 at Page 26 . (Affects SW1/4 SW1/4 of Section 35) . 13 . Easement and right of way to lay, maintain, inspect, operate, replace, change or remove a pipeline or the transportation of oil, gas or other products thereof, as granted to Wyco Pipe Line Company in Right of Way Conveyance recorded March 13, 1947, in Book 1199 at Page 425, in which the specific location of said easement is not defined. (Affects W1/2 of Section 35 ) . 14 . Easement and right of way to lay, maintain, inspect, operate, replace, change or remove a pipe line for the transportation of oil, gas and the products thereof, as granted to Wyco Pipe Line Company in right of Way Conveyance recorded May 1, 1947, in Book 1202 at Page 593, in which the specific location of said easement is not defined. (Affects NW1/4 of Section 2 ) . 15 . Right of way to install and maintain a waste ditch, as granted to The Last Chance Ditch Company in Agreement recorded December 4 , 1947 , in Book 1216 at Page 171, in which the specific location of said right of way is not defined. (Affects NW1/4 of Section 2) . 16 . Easement and right of way for the maintenance of a ditch, as granted to The Rural Ditch Company in Agreement recorded June 9 , 1967 , in Book 582 as Reception No. 1504446 , in which the specific location of said easement is not defined. 17 . Oil and gas lease between Carl H. Adler and T. S . Pace dated April 29 , 1970, recorded May 21, 1970, in Book 626 as Reception No . 1547776, and any interests therein or rights thereunder. 18 . All oil and gas rights appurtenant thereto, together with the right of ingress and egress to prospect for, drill and mine the same as reserved by Mary Adler as Personal Representative of the Estate of Carl H. Adler in the Deed to Robert L. Siegrist recorded January 21, 1982 , in Book 959 as Reception 911054 B 1309 REC 02261419 08/30/91 09 : 00 $0.00 5/006 F 1214 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO No. 1880637 , and any interests therein or rights thereunder. (Affects property as described in said Deed) . 19 . Right of way for a public highway as granted to Weld County by The Colorado Investment and Realty Company by Right of Way Deed recorded March 31, 1938, in Book 1024 at Page 115, affecting the following described property: • A piece or parcel of land various widths, and lying parallel to the West Section line of Section 2, and contained within the boundaries of the NW1/4 of Section 2 , Township 2 North, Range 68 West of the 6th P.M. , and more particularly described as follows : Commencing at a point which is the Northwest corner of Section 2 , Township 2 North, Range 68 West of the 6th P.M. , at center line Section 1402+31 . 8 on new proposed Road #185, which is the Point of Beginning. Thence Easterly along the North Section property fence line of said Section 2 for a distance of 50 feet; thence on a bearing South 0 degrees 26 minutes West along new proposed right of way line for a distance of some 2, 716 feet, more or less , to the intersection of South property line or (North ROW fence line of County side road) ; thence Westerly along said South property line for a distance of 20 feet, more or less, to the intersection of present ROW fence line on old road; thence Northerly along old ROW fence line of present road for a distance of 634 feet, more or less ; thence Easterly for 20 feet, more or less, thence along new ROW line bearing North 0 degree 26 minutes East for a distance of 200 feet; thence Westerly for 50 feet; thence along West Section line whose bearing is North 0 degree 26 minutes East for a distance of 600 feet, more or less; thence Easterly for 50 feet; thence North 0 degrees 26 minutes East along a new ROW line for a distance of 125 feet, more or less; thence Westerly for 50 feet, more or less; thence along said West Section line on a bearing North 0 degrees 26 minutes East for a distance of 225 feet; more or less ; thence Easterly for 50 feet; thence North 0 degrees 26 minutes East along new ROW line for a distance of 100 feet more or less; thence Westerly 50 feet; thence along said West Section line on a bearing North 0 degrees 20 minutes East for a distance of 832 feet, more or less to the Northwest corner of Section 2 , or the point of beginning. 20 . All oil and gas rights, together with the right of ingrees and egress to prospect for, drill and mine the same, as conveyed to Floyd Adler, Arthur V. Adler, Lawrence C. Adler, Orville Adler, Lily Wooden, Dale Adler, Shirley Anderson, Eva Jane Kong, Mary McCain, Jerald Adler and Carolyn Roe, by Mary Adler, as Personal Representative of the Estate of Carl H. Adler, deceased, by Deed recorded December 27 , 1983, in Book 911054 B 1309 REC 02261419 08/30/91 09 :00 $0 . 00 6/006 F 1215 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1016 as Reception No. 1951081, and any interests therein or rights thereunder. (Affects property described in said deed) . 21 . All oil and gas rights appurtenant thereto, together with the right of ingress and egress to prospect for, drill and mine, as reserved by Mary Adler, Floyd Adler, Arthur V. Adler, Lawrence C . Adler, Orville Adler, Lily Wooden, Dale Adler, Shirley Anderson, Eva Jane Kong, Mary McClain, Jerald Adler, and Carolyn Roe, in the Deed to St. Vrain Land Company, a general partnership recorded August 30, 1984 , in Book 1041 as Reception No. 1979661, and any interests thereunder or rights thereunder. (Affects property described in said Deed) . 22 . Terms , agreements, provisions, conditions, obligations and Easements as contained in Special Use Permits recorded May 27, 1982 , in Book 969 as Reception No. 1893052 and recorded October 19 , 1984 , in Book 1046 as Reception No. 1985564 . 23 . Easement and right of way to lay, maintain and operate a natural gas pipeline, as granted to Rocky Mountain Natural Gas Company, Inc. , by St. Vrain Land Company, recorded April 22 , 1986 , in Book 1110 as Reception No. 02050718, affecting the following described property: A 10 ' wide by approximately 900 ' long right-of-way and easement beginning at the centerline of Weld County Rd. 24 . 5 , thence 900 ' North paralleling and adjoining the West property line along the I-25 frontage road. All of said land is in Section 2 , Township 2 North, Range 68 West of the 6th P.M. 24 St. Vrain Creek and any and all rights of way therefore as shown on survey by Nelson Engineers dated August, 1991, as Project No. 115 . exsiegri .rmm 911054 AR226142U B 1309 REC 02261420 08/30/91 09:00 $0. 00 1/001 F 1216 MARY ANN FEUERSTEIN CLERK & RECORDER WELD C01 CO Courtesy Longmont Multiple Listing Service RELEASE LONGMONT, COLO. ajit,,.f 0.1 9 1991 TO THE SECRETARY, THE RURAL DITCH COMPANY: THE INDEBTEDNESS FOR WHICH THE SAME WAS PLEDGED HAVING BEEN SATISFIED,YOU ARE HEREBY DIRECTED TO RELEASE ON THE BOOKS OF SAID COMPANY TO ST. VRAIN LAND COMPANY, a general partnership 6999 York Street, Denver, CO 80229-7399 OF FIVE 5 )SHARE S OF THE CAPITAL STOCK OF SAID COMPANY.EVIDENCED BY CERTIFICATE NO. 315 WHICH STOCK WAS PLEDGED AS COLLATERAL SECURITY ON a NOTE PAYABLE TO THE ORDER OF FOR THE AGGREGATE PRINCIPAL AMOUNT OF E 625,000.00 DA/TED August 29 1984 Public TRUSTEE. (/ 91.1054 AR22b141B B 1309 C 02261418 08/30/91 09 : $0 .00 1/006 F 1204 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED THIS DEED,Made this 2 9th day of August , 19 91 , between Siegrist Construction CO. , a Colorado Corporation a corporation duly organized and existing under and by virtue of the laws of the State of Colorado , grantor, and Weld County, a body corporate and politic of the State of Colorado whose legal address is 915 10th Street Greeley, CO 80631 of the *County of Weld , State of Colorado, grantee: WITNESSETH,That the grantor, for and in consideration of the sum of Six—Hundred Severity—Nine Thousand, Eight—Hundred Thirty—Six ($679, 836 . 00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld , State of Colorado,described as follows: All of the real property and any improvements thereon as described in the attached "Exhibit A. " also known by street and number as: N/A TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and I I appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee,his heirs and assigns forever.And the grantor,for itself,and its successors,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,it is well seized of the premises above conveyed,has good, I sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and authority to grant, I j bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,encumbrances and restrictions of whatever kind or nature soever, except The items listed in the attached "Exhibit B" . I The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable I I possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS 4 -f{jFyOr,The grantor has caused its corporate name to be hereunto subscribed by its corporate President, and its corporate to be hereunto affixed, attested by its corporate Secretary, the day and year first ♦ . C I above wrfiteg. Attest: Y i~ o ` ,. . Siegrist Constru ion C „ .��/ /'�,, ,� a Colora 2, p atio se,,,,� y��rt i a st tk.�a it r�I• • I Std B STATE OF COLORADO l 1 ss. County of Boulder The foregoing instrument was acknowledged before me this 29th day of August , 19 91 , III by Robert L. Siegrist as President and KG 1Tn R * as Secretary of Siegrist • �4+�`I'. CO. , a Colo ado gcorporation. My commission expi Z4�� N : •Witness my hand ant.•:1 `1a1�Se�ARY ,' 4%-t.t-- • NOTARY � No�ary Public f_t PUBLIC)BLIC) 1 K itl, s y® e. Q y *If in Denver, insert ,,,.'..ldj� e.e� Q'.�� "• <, OF oy°4` G No.40B.Rev.5-84. WARRANTY D x" n) Bradford 096101191g.5825 W 61h Ave.,Lakewood,CO 80214-(303)233-6900 _n-86 911054 B 1309 REC 02261418 08/30/91 09: 00 $0 .00 2/006 F 1205 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A LEGAL DESCRIPTION A tract of land located in the NW1/4 of Section 2, Township 2 North, Range 68 west of the 6th P.M. , and in the SW1/4 of Section 35, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of colorado, being more particularly described as follows : Beginning at the center of said Section 2 and considering the South line of the NW1/4 of Section 2 to bear North 89 degrees 47 minutes 45 seconds West with all other bearings relative thereto; thence North 89 degrees 47 minutes 45 seconds West, 799 . 34 feet; thence North 01 degree 03 minutes 46 seconds East, 330 . 32 feet; thence South 89 degrees 43 minutes 25 seconds West, 240 . 00 feet; thence South 00 degrees 58 minutes 06 seconds East, 328. 34 feet; thence North 89 degrees 47 minutes 45 seconds West, 1540. 02 feet along the South line of the NW1/4 of Section 2 to the East right of way line of Interstate Highway 25, said point being 50 feet East of the West Quarter corner of Section 2; thence North 00 degrees 17 minutes 36 seconds East, 2567 . 46 feet along said East right of way to a point on the North line of the NW1/4 of Section 2, said point being 50 . 01 feet East of the Northwest corner of Section 2, and common with the Southwest corner of Section 35, Township 3 North, Range 68 West; thence North 00 degrees 46 minutes 36 seconds West, 51 . 30 feet along the East right of way of Interstate 25 to the approximate centerline of St. Vrain Creek as indicated by the midpoint of the Frontage Road bridge; thence North 77 degrees 53 minutes 36 seconds East, 2642 . 52 feet along said approximate creek centerline to a point on the East line of the SW1/4 of said Section 35; thence South 00 degrees 31 minutes 47 seconds East, 577 . 61 feet along said East line to the South Quarter corner of Section 35; thence South 00 degrees 44 minutes 42 seconds West, 2604 . 70 feet along the East line of the NW1/4 of said Section 2 to the Point of Beginning. exsiegri .rmm 911054 B 1309 REC 02261418 08/30/91 09: 00 $0 .00 3/006 F 1206 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B EXCEPTIONS 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records . 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date of the title insurance policy but prior to the date the grantee acquires the property of record for value. 6 . 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. 7 . 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 . 8. Right of way for constructing and maintaining an irrigation ditch of Last Chance Ditch Company, as granted to G. A. Fleming, Thomas Burbridge, Cutler Porter, J.B. Dudley, Charles W. Burbridge, Henry Wright, T. A. McKissick and Wm. McKissick in Right of Way Deed recorded May 29, 1886, in Book 63 at Page 6, in which the specific location of said right of way is not defined. (Affects NW1/4, Section 2) . 9 . All coal that may be underneath the surface of said land and right of way across same for working said land and right of way across same, as reserved by The Union Pacific Railway Company in Deed recorded October 8, 1891, in Book 196 at Page 45, and any interests therein or rights thereunder. (Affects NW1/4 and W1/2 SW1/4 of Section 35) . 911054 B 1309 REC 02261418 08/30/91 09 :00 $0 . 00 4/006 F 1207 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 10 . Farmers No. 3 Reservoir, and any and all rights of way therefor, as evidenced by Map filed June 1, 1910, as Filing No. 156140, insofar as the same may affect subject property. 11 . Sanborn Ditches, and any and all rights of way therefor, as evidenced by Map filed August 2 , 1922, as Filing No. 387002, insofar as the same may affect subject property. (Affects Section 35) . 12 . Reservation of right of way for any ditches or canals constructed by authority of the United States, in U. S . Patent recorded December 6, 1916 , in Book 461 at Page 26 . (Affects SW1/4 SW1/4 of Section 35) . 13 . Easement and right of way to lay, maintain, inspect, operate, replace, change or remove a pipeline or the transportation of oil, gas or other products thereof, as granted to Wyco Pipe Line Company in Right of Way Conveyance recorded March 13, 1947 , in Book 1199 at Page 425, in which the specific location of said easement is not defined. (Affects W1/2 of Section 35) . 14 . Easement and right of way to lay, maintain, inspect, operate, replace, change or remove a pipe line for the transportation of oil, gas and the products thereof, as granted to Wyco Pipe Line Company in right of Way Conveyance recorded May 1, 1947 , in Book 1202 at Page 593, in which the specific location of said easement is not defined. (Affects NW1/4 of Section 2 ) . 15 . Right of way to install and maintain a waste ditch, as granted to The Last Chance Ditch Company in Agreement recorded December 4, 1947 , in Book 1216 at Page 171, in which the specific location of said right of way is not defined. (Affects NW1/4 of Section 2 ) . 16 . Easement and right of way for the maintenance of a ditch, as granted to The Rural Ditch Company in Agreement recorded June 9 , 1967, in Book 582 as Reception No. 1504446 , in which the specific location of said easement is not defined. 17 . Oil and gas lease between Carl H. Adler and T. S . Pace dated April 29 , 1970, recorded May 21, 1970, in Book 626 as Reception No. 1547776, and any interests therein or rights thereunder. 18 . All oil and gas rights appurtenant thereto, together with the right of ingress and egress to prospect for, drill and mine the same as reserved by Mary Adler as Personal Representative of the Estate of Carl H. Adler in the Deed to Robert L. Siegrist recorded January 21, 1982, in Book 959 as Reception 911054 B 1309 REC 02261418 08/30/91 09 : 00 $0 .00 5/006 F 1208 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO No. 1880637, and any interests therein or rights thereunder. (Affects property as described in said Deed) . 19 . Right of way for a public highway as granted to Weld County by The Colorado Investment and Realty Company by Right of Way Deed recorded March 31, 1938, in Book 1024 at Page 115, affecting the following described property: A piece or parcel of land various widths, and lying parallel to the West Section line of Section 2, and contained within the boundaries of the NW1/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M. , and more particularly described as follows : Commencing at a point which is the Northwest corner of Section 2 , Township 2 North, Range 68 West of the 6th P.M. , at center line Section 1402+31 . 8 on new proposed Road #185, which is the Point of Beginning. Thence Easterly along the North Section property fence line of said Section 2 for a distance of 50 feet; thence on a bearing South 0 degrees 26 minutes West along new proposed right of way line for a distance of some 2 ,716 feet, more or less, to the intersection of South property line or (North ROW fence line of County side road) ; thence Westerly along said South property line for a distance of 20 feet, more or less, to the intersection of present ROW fence line on old road; thence Northerly along old ROW fence line of present road for a distance of 634 feet, more or less; thence Easterly for 20 feet, more or less, thence along new ROW line bearing North 0 degree 26 minutes East for a distance of 200 feet; thence Westerly for 50 feet; thence along West Section line whose bearing is North 0 degree 26 minutes East for a distance of 600 feet, more or less; thence Easterly for 50 feet; thence North 0 degrees 26 minutes East along a new ROW line for a distance of 125 feet, more or less; thence Westerly for 50 feet, more or less; thence along said West Section line on a bearing North 0 degrees 26 minutes East for a distance of 225 feet; more or less; thence Easterly for 50 feet; thence North 0 degrees 26 minutes East along new ROW line for a distance of 100 feet more or less; thence Westerly 50 feet; thence along said West Section line on a bearing North 0 degrees 20 minutes East for a distance of 832 feet, more or less to the Northwest corner of Section 2 , or the point of beginning. 20 . All oil and gas rights, together with the right of ingrees and egress to prospect for, drill and mine the same, as conveyed to Floyd Adler, Arthur V. Adler, Lawrence C. Adler, Orville Adler, Lily Wooden, Dale Adler, Shirley Anderson, Eva Jane Kong, Mary McCain, Jerald Adler and Carolyn Roe, by Mary Adler, as Personal Representative of the Estate of Carl H. Adler, deceased, by Deed recorded December 27 , 1983, in Book 911054 B 1309 REC 02261418 08/30/91 09 :00 $0 . 00 6/006 F 1209 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1016 as Reception No. 1951081, and any interests therein or rights thereunder. (Affects property described in said deed) . 21 . All oil and gas rights appurtenant thereto, together with the right of ingress and egress to prospect for, drill and mine, as reserved by Mary Adler, Floyd Adler, Arthur V. Adler, Lawrence C. Adler, Orville Adler, Lily Wooden, Dale Adler, Shirley Anderson, Eva Jane Kong, Mary McClain, Jerald Adler, and Carolyn Roe, in the Deed to St. Vrain Land Company, a general partnership recorded August 30, 1984 , in Book 1041 as Reception No. 1979661, and any interests thereunder or rights thereunder. (Affects property described in said Deed) . 22 . Terms, agreements, provisions, conditions, obligations and Easements as contained in Special Use Permits recorded May 27, 1982 , in Book 969 as Reception No. 1893052 and recorded October 19 , 1984 , in Book 1046 as Reception No. 1985564 . 23 . Easement and right of way to lay, maintain and operate a natural gas pipeline, as granted to Rocky Mountain Natural Gas Company, Inc . , by St. Vrain Land Company, recorded April 22, 1986 , in Book 1110 as Reception No. 02050718, affecting the following described property: A 10 ' wide by approximately 900 ' long right-of-way and easement beginning at the centerline of Weld County Rd. 24 . 5, thence 900 ' North paralleling and adjoining the West property line along the I-25 frontage road. All of said land is in Section 2 , Township 2 North, Range 68 West of the 6th P.M. 24 St. Vrain Creek and any and all rights of way therefore as shown on survey by Nelson Engineers dated August, 1991, as Project No. 115 . exsiegri .rmm 911.054 AR2261411. B 13C REC 02261416 08/30/91 0L^)9 $0 . 00 1/011 F 1191 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE INCLUDING LAND AND ANY AND ALL IMPROVEMENTS THIS AGREEMENT, made at Greeley, Colorado, this 28th day of August, 1991, between WELD COUNTY, a body corporate and politic of the State of Colorado, by and through the Board of County Commissioners of Weld County, hereinafter "Purchaser, " and SIEGRIST CONSTRUCTION COMPANY, a Colorado Corporation, and ST. VRAIN LAND COMPANY, a General Partnership, a/k/a ST. VRAIN LAND CO. , a Colorado General Partnership, hereinafter "Seller. " WITNESSETH: That in consideration of the payment by the Purchaser to Seller of the sum of six-hundred seventy-nine thousand, eight- hundred thirty-six dollars ($679 , 836 . 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 property described in the attached "Exhibit A" , including any and all improvements located thereon. The agreement of sale and purchase of said Parcel(s) is subject to the following conditions: 1 . Seller shall furnish to Purchaser a Warranty Deed for said Parcel (s) , which excepts those items listed in the attached "Exhibit B. " Title insurance will be provided by TransAmerica Title Insurance Company and paid for by Seller. 2 . Title for said Parcel (s) 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 said Parcel(s) to Purchaser on a date certain set by Purchaser, conveying said property free and clear of all taxes, except general taxes for 1991, payable January 1, 1992, 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; subject to all applicable building and zoning regulations; including all gravel and all other mineral deposits; but excepting those items listed in the attached "Exhibit B" . 3 . General taxes for the year 1991 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. Page 1 of 5 Pages B 1309 REC 0: ^ ;1416 08/30/91 08 : 59 0 . 00 2/011 F 1192 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 5 . Except as stated in paragraphs 2 and 6 and this paragraph, if title for said Parcel(s) 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 said Parcel(s) 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 : (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 Page 2 of 5 Pages el 1 trili B 1309 REC 02: .416 08/30/91 08 : 59 . 00 3/011 F 1193 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 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 said Parcel(s) shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies, except those items listed in the attached "Exhibit B" . 9 . 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 terminate this contract; in which case, all payments and things of value received hereunder shall be returned to Purchaser. 11 . All of the conditions stated herein shall be in full force and effect, notwithstanding the conveyance of said Parcel (s) by warranty deed as outlined in paragraph 2 above, and shall not merge with said Warranty Deed. 12 . Sellers shall transfer one share of Rural Ditch Company water which shall be included in the consideration mentioned on page 1 of this Agreement. 13 . Seller agrees to apply for and cooperate in pursuing amendments to Use by Special Review Permits Nos . 636 and 489 at the same time that Purchaser applies for the Use by Special Review Permit for the parcel described in the attached Exhibit A, but in any event, no later than November 1, 1991 . Said amendments shall exclude the area purchased by Purchaser and described in said Exhibit A. Purchaser will assist Seller in preparing said application(s) . 14 . Seller shall retain the right to lease the property described in Exhibit A for farming and grazing until Purchaser begins mining or sells said property. The Lease for said grazing shall be executed simultaneously with this Agreement. As consideration for said lease, Seller shall maintain all weeds in Page 3 of 5 Pages °)t.t os s B 1309 REC 02261416 08/30/91 08 : 59 $0 . 00 4/011 F 1194 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A LEGAL DESCRIPTION A tract of land located in the NW1/4 of Section 2, Township 2 North, Range 68 west of the 6th P.M. , and in the SW1/4 of Section 35, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of colorado, being more particularly described as follows : 1 Beginning at the center of said Section 2 and considering the South line of the NW1/4 of Section 2 to bear North 89 degrees 47 minutes 45 seconds West with all other bearings relative thereto; thence North 89 degrees 47 minutes 45 seconds West, 799 . 34 feet; thence North 01 degree 03 minutes 46 seconds East, 330 . 32 feet; thence South 89 degrees 43 minutes 25 seconds West, 240 . 00 feet; thence South 00 degrees 58 minutes 06 seconds East, 328 . 34 feet; thence North 89 degrees 47 minutes 45 seconds West, 1540 . 02 feet along the South line of the NW1/4 of Section 2 to the East right of way line of Interstate Highway 25, said point being 50 feet East of the West Quarter corner of Section 2; thence North 00 degrees 17 minutes 36 seconds East, 2567 . 46 feet along said East right of way to a point on the North line of the NW1/4 of Section 2 , said point being 50 . 01 feet East of the Northwest corner of Section 2 , and common with the Southwest corner of Section 35, Township 3 North, Range 68 West; thence North 00 degrees 46 minutes 36 seconds West, 51 . 30 feet along the East right of way of Interstate 25 to the approximate centerline of St. Vrain Creek as indicated by the midpoint of the Frontage Road bridge; thence North 77 degrees 53 minutes 36 seconds East, 2642 . 52 feet along said approximate creek centerline to a point on the East line of the SW1/4 of said Section 35 ; thence South 00 degrees 31 minutes 47 seconds East, 577 . 61 feet along said East line to the South Quarter corner of Section 35; thence South 00 degrees 44 minutes 42 seconds West, 2604 . 70 feet along the East line of the NW1/4 of said Section 2 to the Point of Beginning. exsiegri . rmm 211054 B 1309 REC 02261416 08/30/91 08:59 $0 .00 5/011 F 1195 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B EXCEPTIONS 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 . 1 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . '4 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records . 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date of the title insurance policy but prior to the date the grantee acquires the property of record for value. 6 . 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 . 7 . 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 . 8 . Right of way for constructing and maintaining an irrigation ditch of Last Chance Ditch Company, as granted to G. A. Fleming, Thomas Burbridge, Cutler Porter, J.B. Dudley, Charles W. Burbridge, Henry Wright, T. A. McKissick and Wm. McKissick in Right of Way Deed recorded May 29, 1886, in Book 63 at Page 8, in which the specific location of said right of way is not defined. (Affects NW1/4 , Section 2 ) . 9 . All coal that may be underneath the surface of said land and right of way across same for working said land and right of way across same, as reserved by The Union Pacific Railway Company in Deed recorded October 8, 1891, in Book 196 at Page 45 , and any interests therein or rights thereunder. (Affects NW1/4 and W1/2 SW1/4 of Section 35 ) . 21.1 1931 B 1309 REC 02261416 08/30/91 08 : 59 $0 .00 6/011 F 1196 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 10 . Farmers No. 3 Reservoir, and any and all rights of way therefor, as evidenced by Map filed June 1, 1910, as Filing No. 156140, insofar as the same may affect subject property. 11 . Sanborn Ditches, and any and all rights of way therefor, as evidenced by Map filed August 2 , 1922 , as Filing No. 387002, insofar as the same may affect subject property. (Affects Section 35) . 12 . Reservation of right of way for any ditches Ikor canals constructed by authority of the United States, in U. S . Patent recorded December 6 , 1916, in Book 461 at Page 26 . (Affects SW1/4 SW1/4 of Section 35) . 13 . Easement and right of way to lay, maintain, inspect, operate, replace, change or remove a pipeline or the transportation of oil, gas or other products thereof, as granted to Wyco Pipe Line Company in Right of Way Conveyance recorded March 13, 1947, in Book 1199 at Page 425, in which the specific location of said easement is not defined. (Affects W1/2 of Section 35 ) . 14 . Easement and right of way to lay, maintain, inspect, operate, replace, change or remove a pipe line for the transportation of oil, gas and the products thereof, as granted to Wyco Pipe Line Company in right of Way Conveyance recorded May 1 , 1947 , in Book 1202 at Page 593, in which the specific location of said easement is not defined. (Affects NW1/4 of Section 2) . 15 . Right of way to install and maintain a waste ditch, as granted to The Last Chance Ditch Company in Agreement recorded December 4 , 1947 , in Book 1216 at Page 171, in which the specific location of said right of way is not defined. (Affects NW1/4 of Section 2 ) . 16 . Easement and right of way for the maintenance of a ditch, as granted to The Rural Ditch Company in Agreement recorded June 9 , 1967 , in Book 582 as Reception No. 1504446 , in which the specific location of said easement is not defined. 17 . Oil and gas lease between Carl H. Adler and T. S . Pace dated April 29 , 1970, recorded May 21, 1970, in Book 626 as Reception No. 1547776 , and any interests therein or rights thereunder. 18 . All oil and gas rights appurtenant thereto, together with the right of ingress and egress to prospect for, drill and mine the same as reserved by Mary Adler as Personal Representative of the Estate of Carl H. Adler in the Deed to Robert L. Siegrist recorded January 21, 1982 , in Book 959 as Reception 911351 B 1309 REC 02261416 08/30/91 08 : 59 $0 . 00 7/011 F 1197 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO No. 1880637, and any interests therein or rights thereunder. (Affects property as described in said Deed) . 19 . Right of way for a .public highway as granted to Weld County by The Colorado Investment and Realty Company by Right of Way Deed recorded March 31, 1938, in Book 1024 at Page 115, affecting the following described property: • A piece or parcel of land various widths, and lying parallel to the West Section line of Section 2, and contained within the boundaries of the NW1/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M. , and more particularly described as follows : Commencing at a point which is the Northwest corner of Section 2 , Township 2 North, Range 68 West of the 6th P.M. , at tenter line Section 1402+31 . 8 on new proposed Road #185, which is the Point of Beginning. Thence Easterly along the North Section property fence line of said Section 2 for a distance of 50 feet; thence on a bearing South 0 degrees 26 minutes West along new proposed right of way line for a distance of some 2 , 716 feet, more or less, to the intersection of South property line or (North ROW fence line of County side road) ; thence Westerly along said South property line for a distance of 20 feet, more or less, to the intersection of present ROW fence line on old road; thence Northerly along old ROW fence line of present road for a distance of 634 feet, more or less; thence Easterly for 20 feet, more or less, thence along new ROW line bearing North 0 degree 26 minutes East for a distance of 200 feet; thence Westerly for 50 feet; thence along West Section line whose bearing is North 0 degree 26 minutes East for a distance of 600 feet, more or less; thence Easterly for 50 feet; thence North 0 degrees 26 minutes East along a new ROW line for a distance of 125 feet, more or less ; thence Westerly for 50 feet, more or less; thence along said West Section line on a bearing North 0 degrees 26 minutes Ee.st for a distance of 225 feet; more or less; thence Easterly for 50 feet; thence North 0 degrees 26 minutes East along new ROW line for a distance of 100 feet more or less; thence Westerly 50 feet; thence along said West Section line on a bearing North 0 degrees 20 minutes East for a distance of 832 feet, more or less to the Northwest corner of Section 2 , or the point of beginning. 20 . All oil and gas rights , together with the right of ingrees and egress to prospect for, drill and mine the same, as conveyed to Floyd Adler, Arthur V. Adler, Lawrence C . Adler, Orville Adler, Lily Wooden, Dale Adler, Shirley Anderson, Eva Jane Kong, Mary McCain, Jerald Adler and Carolyn Roe, by Mary Adler, as Personal Representative of the Estate of Carl H. Adler, deceased, by Deed recorded December 27 , 1983 , in Book B 1309 REC 02261416 08/30/91 08 : 59 $0 . 00 8/011 F 1198 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1016 as Reception No. 1951081, and any interests therein or rights thereunder. (Affects property described in said deed) . 21 . All oil and gas rights appurtenant thereto, together with the right of ingress and egress to prospect for, drill and mine, as reserved by Mary Adler, Floyd Adler, Arthur V. Adler, Lawrence C. Adler, Orville Adler, Lily Wooden, Dale Adler, Shirley Anderson, Eva Jane Kong, Mary McClain, Jerald Adler, and Carolyn Roe, in the Deed to St. Vrain Land Company, a general partnership recorded August 30, 1984, in Book 1041 as Reception No. 1979661, and any interests thereunder or rights thereunder. (Affects property described in said Deed) . 22 . Terms, agreements, provisions, conditions, obligations and Easements as contained in Special Use Permits recorded May 27 , 1982 , in Book 969 as Reception No. 1893052 and recorded October 19, 1984 , in Book 1046 as Reception No. 1985564 . 23 . Easement and right of way to lay, maintain and operate a natural gas pipeline, as granted to Rocky Mountain Natural Gas Company, Inc . , by St. Vrain Land Company, recorded April 22 , 1986 , in Book 1110 as Reception No. 02050718, affecting the following described property: A 10 ' wide by approximately 900 ' long right-of-way and easement beginning at the centerline of Weld County Rd. 24 .5, thence 900 ' North paralleling and adjoining the West property line along the I-25 frontage road. All of said land is in Section 2 , Township 2 North, Range 68 West of the 6th P.M. 24 St. Vrain Creek and any and all rights of way therefore as shown on survey by Nelson Engineers dated August, 1991, as Project No. 115 . exsiegri .rmm B 1309 REC 02261416 08/30/91 08: 59 $0 .00 9/011 F 1199 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT C A tract of land located in the Northwest Quarter (NW1/4 ) of Section 2, Township 2 North, Range 68 West of the Sixth Principal Meridian, Weld County, Colorado, being more particularly described as follows : Beginning at the center of said Section 2 and considering the South line of the Northwest Quarter (NW1/4) of said Section 2 to bear North 89°47 ' 45" West with all other bearings relative thereto: Thence North 89°47 ' 45" West, 799 . 34 Feet to the TRUE POINT OF BEGINNING; Thence North 01°03 ' 46" East, 330 . 32 Feet; Thence South 89°43 ' 25" West, 240 . 00 Feet; Thence South 00°58 ' 06" East, 328. 34 Feet; Thence North 89°47 ' 45" West along the South line of the Northwest Quarter (NW1/4 ) of said Section 2 to the TRUE POINT OF BEGINNING. excsiegr.rmm el 1.'15^r B 1309 REC 02 1416 08/30/91 08: 59 ; .00 10/011 F 1200 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO the pasture and along the boundaries of the property described in the attached Exhibit A during the term of said Lease. 15 . Seller grants to Purchaser the first right of refusal to purchase the property described in the attached Exhibit C and any and all improvements located thereon if Seller should decide to sell said property at some future date. IN WITNESS HEREOF, the parties hereto have .ubscribed their names this 421L1day of f-c -„ A;_-1-- , 19 / WELD COUNTY, a body corporate ///�� and politic of the STATE OF / f� n� COLORADO, by and through the /I�/ /q�/ BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, ' 17 > Purchaser Weld Codayy r., o the Board By: / w•. �y7, t�2-- By: �. Deputy unty Clerk George Kennedy, Pro-Tem (The following section to be completed by Sellers) Signed this � R- day of NA L, , 19c), ‘ cO^ , ° SELLER: s , e Al . SIEGRIST CONSTRUCTION COMPANY, W ST� ' a Colorado Corporation J ..A : ft 1X t lr> By: �, scic4/ /, 4 !!�� j<>t}->- a_s —7i<. cti Title,ju4 MIL SUBSCRI : ,� AND SWORN to before me this �J:1— day of A ,_ , 19M . .. % �'% We 4 + nd official seal . • • ; ; 't PUBLIC 4....... '. (id otary Public CO- Expira .' . 10121141 Page 4 of 5 Pages B 1309 REC 0__61416 08/30/91 08: 59 ?0 . 00 11/011 F 1201 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SELLER: ST. VRAIN LAND COMPANY, a General Partnership BY: Cr Robert L. ie st SUBSCRIBED AND SWORN to before me this Zn- day of Pa-VdillArr , 1901) . • G WITNE tidy official seal .giob 3� yes NOTARY \ �BUri t N tary Public Expira Ighi_Vol)6)41‘ asiegris .rmm Page 5 of 5 Pages the priolyd portion of Oils form appro'ed by the Colorado Real I:slate Commission IS5.60.7.711 STATEMENT OF SETTLEMENT SELLER'S p PURCHASER'S g PROPERTY ADDRESS N/A Siegrist Construction Company, a Weld County, a body corporate SELLER Colorado Corporation anH the St_ PURCHASER Cod(gdotic of the State of drain Lana Company, a General Partnership SETTLEMENT DATR August 29, 1991 DATE OF PRORATION August 29, J9 91 LEGAL DESCRIPTION: See the attached Exhibit A. Debit Credit 1. Selling Price 679, 836 00 2. Deposit,paid to - 0 _ 00 3. Trust Deed,payable to , RA 4. Trust Deed,payable to N/A 5. Trust Deed,payoff to Adler Family Partnership 354, 643 79 6. Interest on Loan Assumed N/A 7. Title Ins.Premium Paid to TransAmeri r-a Title Insurance CD. 776 00 8. Abstracting: Before Sale by Seller 9. Af ter Sale ,-- 10. Title Exam.by TransAmerica Title Insurance Co. 11. Recording: Warranty Deed Purchaser Exempt §30-1-103,_CRS 12. Trust Deed N/A 13. Release Paid by Seller 8 00 14. Other 15. Documentary Fee Purchaser Exempt §39-13-102,CRS 16. Certificate of Taxes Due r 17. Taxes for Preceding Year(s) Paid 18. Taxes for Current Year See attached Exhibit B 146 30 19. Tax Reserve N/A 20. Special Taxes N/A 21. Personal Property Taxes N/A . 22. Hazard Ins.Prem. Assumed—Policy No. Co. $ Yr.Term Expires Premium$ Days Unused at ¢ per day 23. Premium for New Insurance N/A , 24. Hazard Ins. Reserve N/A 25. FHA Mortgage Ins.Assumed N/A 26. FHA Mortgage Ins.Reserve N/A 27. Loan Service Fee (Buyer) N/A 28. Loan Discount Fee (Seller) N/A 29. Interest on New Loan N/A ' 30. Survey and/or Credit Report N/A _ 31. Appraisal Fee N/A 32. Water and/or Sewer N/-A 33. Rents N/A 34. Security Deposits N/A 35. Loan Transfer Fee N/A 36. Loan Payment Due N/A - 37. Broker's Fee N/A - Sub-Totals 6791836 00 ,355, 574 09 Balance due to/from Seiler - 324, 261 91 falmemxWick tk >odluii>lc TOTALS 679, 83e 00 679. 836 00 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED Weld County, a body corporate and Purchaser/$i politic of the State of Colorado Broke Purchaser/3MBy - By - leorge Kennedy, Pro�Tem num No.O836 911054 EXHIBIT A -- LEGAL DESCRIPTION A tract of land located in the NW1/4 of Section 2 , Township 2 North, Range 68 west of the 6th P.M. , and in the SW1/4 of Section 35, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of colorado, being more particularly described as follows : , Beginning at the center of said Section 2 and considering the South line of the NW1/4 of Section 2 to bear North 89 degrees 47 minutes 45 seconds West with all other bearings relative thereto; thence North 89 degrees 47 minutes 45 seconds West, 799 . 34 feet; thence North 01 degree 03 minutes 46 seconds East, 330 . 32 feet; thence South 89 degrees 43 minutes 25 seconds West, 240 . 00 feet; thence South 00 degrees 58 minutes 06 seconds East, 328 . 34 feet; thence North 89 degrees 47 minutes 45 seconds West, 1540 . 02 feet along the South line of the NW1/4 of Section 2 to the East right of way line of Interstate Highway 25, said point being 50 feet East of the West Quarter corner of Section 2 ; thence North 00 degrees 17 minutes 36 seconds East, 2567 . 46 feet along said East right of way to a point on the North line of the NW1/4 of Section 2, said point being 50 . 01 feet East of the Northwest corner of Section 2 , and common with the Southwest corner of Section 35, Township 3 North, Range 68 West; thence North 00 degrees 46 minutes 36 seconds West, 51 . 30 feet along the East right of way of Interstate 25 to the approximate centerline of St. Vrain Creek as indicated by the midpoint of the Frontage Road bridge; thence North 77 degrees 53 minutes 36 seconds East, 2642 . 52 feet along said approximate creek centerline to a point on the East line of the SW1/4 of said Section 35; thence South 00 degrees 31 minutes 47 seconds East, 577 . 61 feet along said East line to the South Quarter corner of Section 35; thence South 00 degrees 44 minutes 42 seconds West, 2604 . 70 feet along the East line of the NW1/4 of said Section 2 to the Point of Beginning. exsiegri .rmm : 1.1.454 REAL PROPERTY TAX AGREEMENT THIS AGREEMENT, made and entered into as of the 29th day of August, 1991, by and between SIEGRIST CONSTRUCTION COMPANY, a Colorado Corporation, and ST. VRAIN LAND COMPANY, a General Partnership, with offices at 699 York Street, Denver, Colorado 80229-7399 , 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 described on the attached Exhibit A, hereinafter referred to as "Property. " Purchaser has received the sum of $146 . 30, which is payment for certain real property taxes for the Property, figured as follows : 1 . Property is located within three separate parcels as shown in the Office of the Weld County Assessor. The parcel numbers for those parcels are: 131302000042 , 131302000043, and 120735000044 . 2 . The entire amount of the 1990 Taxes for the Property, due and payable on January 1, 1991, and the taxes for all previous tax years, have been paid, as evidenced by the attached Certificates of Taxes Due. The Seller' s portion of the 1991 real property taxes for Property, as proportioned to the date first written above which is the date of closing for the sale and purchase of property, is as follows : For Parcel Nos : 131302000043 and 120735000044 $188 . 94 For Parcel No: 131302000042 $ 32 . 64 Total Tax Due for Entire Year $221 .58 241 days up to and including August 29, 1991, $221 .58 X 241/365 = $146 . 30 . 3 . The parties hereto agree that the amount set forth in paragraph 2 above is the true and correct amount of property taxes for Property as proportioned to August 29, 1991 . Page 1 of 3 Pages EXHIBIT "B" 911054 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. SELLER: SIEGRIST CONTRUCTION COMPANY, a Colorado Corporation By: Robert L. iegr' t SUBSCRIBED AND SWORN to before me this 2.600 day of August, 1991 . W - �'y�raC+ ,v .,'d and official seal . i► M NOTARY 14. )+nom 4-1- C�o��-- `s ale PUBLIC 4N.• �s 1� N tary Public '‘,4•••••••••• 4•• • CO Q _. 1012-1'C1\ ST. VRAIN LAND COMPANY, a General Partnership By:L>L f, Robert . Sie ist, Partner SUBSCRIBED AND SWORN to before me this -)_- day of August, 199 W 3 >` and official seal . M Hs NOTARY - • PUBLIC uet-A.A �d4 � ,C 1,1},41.• .H 00.�< Not ry Public ''gii•••••••••••p4 r ' Expiration: "12111q\ Page 2 of 3 Pages 911054 PURCHASER: /// ill/ WELD COUNTY, COLORADO, a body ATTEST: D{ Corporate and Politic of the Li074MG// /� ✓I/tGZc yam? State of Colorado, by and through the Board of County CLERK TO THE BOARD Commissioners of Weld County, Colorado Deputy C1 rk to the B By: � ca5I George Ken edy, Pro-Tem aprpsieg.rmm Page 3 of 3 Pages 311054 STATE OF COLORADO CERTIFICP OF TAXES DUE S. S. COUNTY OF ...:Lb 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 r. r:�..., ,r.:•r2 ' :'y ice r.4•r:'....'; NAME .:..: f.- 5t:.6 ,. 5f)..:... W4 ' �+8 EX�.. BEG �. , 1.::�O SOD 44 ' W ' i ::., :, .'� 1 ,3{�1':�llfl�-(.),b'7 ,� t::•,.,` � (I' ` `yi t'— `.;i:•',I' � �I' ..ir.:.;..,1i5 ...,{�I,,.x� ,� r f a l�� al I'.. 11 ..):..,26 ..,x.)7D03 ' 1x1 '1 )'fir:.• :•�;�js�.),. W i61 r . TO VENDOR `.'T '+.+F 6a:l:N LAND COMPANY A I'"i ON E I:!W OF T.N f L::R1:' >'TA fl::: 1 iWY :'5 THENCE NO. NOD171E 1679,95 ' THENCE E TO BEG (2D 2R) WELD COUNTY M/6`•.✓9 EXCEPT— *i 990 TAXES $862,80 TOTAL AMOUNT DUE FOR THIS PARCEL IS $0, 00 This does not include land or improvements assessed separately or special District assessments unless specifically requested AUGUST 22 . 1991 1990" TAXES PAID .I%.,}l,,2, FRANCIS M. LOUSTALET 911054 $862, 80* TREASURER OF WELD COUNTY • STATE OF COLORADO CERTIFICF`7 OF TAXES DU �' V ; S.S. COUNTY OF bti...LD f, 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 NAME `}7>"f'..7('?i:it.s ..... ... .t.r.� .)21 2(. 7 e.)00044 R FF'I,M N4 (:;(:R OF SEC CONT ,0D i ' E ::'r9".≥:,.?1 ' TO ;*:} VENDOR y .�":CI`:t:RT ET (.:(:a��.`�T1-�UCT:i:ON C;c:— t::OR W 'i O A PT ON F. F;/W O INTERSTATE HWY ' NO. THENCE I�t;�Tf46 ' W ':'1 \�6 11 ' Et38D 9 ' E 130,88 ' NODO2' W WELD COUNTY ."79 20 ' NE36D2. .'. ' F. i 65.84 ' NOD46 W i 72..05 N831)03 3 I::. M/696 590..67 ' N4')4D07 ' W 264.07 ' THENCE N8904 11E' I::: 1708, 18 ' EXCEPT— TO BEG (2.5R) *1990 TAXES $42.82 TOTAL AMOUNT Dear FOR THIS S Ptar:c:EL IS 0:.00 This does not include land or improvements assessed separately or special District assessments unless specifically requested FRANCIS M. LOUSTALET �11Q54 1990 0 "('pl:•.r.:.�_'. PAID $4'2 82 D TREAS ER OF WEL C0UNTY 1 ) /�� . STATE OF COLORADO CERTIFIC�'"� OF TAXES DUE S.S. WiC!‘ �, COUNTY OF r..A.D 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 a 77c}; £:{r.'} 25058—B PT NW4 2 2 68 BEG NE �"(: R OF NW4 NAME 6213.1302000042 ... �s R OD44 , W 1152.26 ' 6 1)3 ' W 1054 , 32 ' - X)52 ' W VENDOR *3TE't:GIST CONSTRUCTION IRl.ii::..l•.I.(.1N CO— 1617,56 ' TO A PT ON E R: W OF INTERESTATE HWY NO. 25 THENCE NOD1 7 ' E 1679,95 ' THENCE E TO BEG WELD COUNTY (3R 2D ) -.7 EXCEPT— *1 990 TAXES $32, 64 TO..I.AI... AMOUNT DUE FOR THIS PARCEL I $0 , 00 This does not include land or improvements assessed separately or special District assessments unless specifically requested. AUGUST 22 , 1991 1990 TAXES PAID FRANCIS M. LOUSTALET 911054 'I'.:i2 :. 64 41:' TREA7S ER OFWEL_()COON Y,11 C ,., '.\---' the printrd portion of this form appro•ed hY the Colorado Neal hsile Commission ISS-60JJi1 STATEMENT OF SETTLEMENT SELLER'S® PURCHASER'S p PROPERTY ADDRESS N/A Siegrist Construction Company, a Weld County, a body corporate SELLER Colorado Corporation, and the St. PURCHASER and politic of the State of IVrain Land Company, a General Partnership Colorado SETTLEMENT DATE August 29 , 1991 DATE OF PRORATION August 29, 1991 LEGAL DESCRIPTION: See the attached Exhibit A. Debit Credit 1. Selling Price 679, 836 00 2. Deposit, paid to 0 00 3. Trust Deed,payable to N/A 4. Trust Deed,payable to N/A 5. Trust Deed,payoff to Adler Family Partnership ,354 , 643 79 6. Interest on Loan Assumed N/A 7. Title Ins.Premium Paid to TransAmerica Title Insurance Co 776 00 8. Abstracting: Before Sale by Seller 9. Af ter Sale 10 Title Exam by TransAmerica Title Insurance Co 11. Recording: Warranty Deed Purchaser Exempt §30-1-103,CRS 12. Trust Deed N/A 13. Release Paid by Seller 8 00 14. Other 15. Documentary Fee Purchaser Exempt §39-13-102,CRS 16. Certificate of Taxes Due 17. Taxes for Preceding Year(s) Paid 18. Taxes for Current Year See attached Exhibit B 146 30 19. Tax Reserve N/A 20. Special Taxes N/A 21. Personal Property Taxes N/A 22. Hazard Ins.Prem. Assumed—Policy No. Co. $ Yr.Term Expires Premium$ Days Unused at 6 per day 23. Premium for New Insurance N/A _ 24. Hazard Ins. Reserve N/A 25. FHA Mortgage Ins. Assumed N/A 26. FHA Mortgage Ins.Reserve N/A 27. Loan Service Fee (Buyer) N/A 28. Loan Discoumt Fee (Seller) N/A 29. Interest on New Loan N/A 30. Survey and/or Credit Report N/A 31. Appraisal Fee N/A 32. Water and/or Sewer N/A 33. Rents N/A — 34. Security Deposits N/A 36_Loan Transfer Fee N/A 36. Loan Payment Due N/A 37. Broker's Fee N/A Sub-Totals 355, 574 09 79 , 836 00 iIr�hintff et>ilK Balance dueXar/from Buyer 324, 261 91 TOTALS 579, 836 00 79 , 836 00 The above figures do not include sales or use taxes on personal property PPRO D and ACCEPTED Siegrist Const uct- Co any, a $8t psi Y/Seller Bp•lo`r_a��6 � Broker Ytobert ieg st, President St. Vrain Land C y, a eneral rioFrom No. PBartnership By From N0.G83G r o e iegr partner 911054 EXHIBIT A LEGAL DESCRIPTION A tract of land located in the NW1/4 of Section 2, Township 2 North, Range 68 west of the 6th P.M. , and in the SW1/4 of Section 35, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of colorado, being more particularly described as follows : 1 Beginning at the center of said Section 2 and considering the South line of the NW1/4 of Section 2 to bear North 89 degrees 47 minutes 45 seconds West with all other bearings relative thereto; thence North 89 degrees 47 minutes 45 seconds West, 799 . 34 feet; thence North 01 degree 03 minutes 46 seconds East, 330 . 32 feet; thence South 89 degrees 43 minutes 25 seconds West, 240 . 00 feet; thence South 00 degrees 58 minutes 06 seconds East, 328 . 34 feet; thence North 89 degrees 47 minutes 45 seconds West, 1540 . 02 feet along the South line of the NW1/4 of Section 2 to the East right of way line of Interstate Highway 25, said point being 50 feet East of the West Quarter corner of Section 2 ; thence North 00 degrees 17 minutes 36 seconds East, 2567 . 46 feet along said East right of way to a point on the North line of the NW1/4 of Section 2 , said point being 50 . 01 feet East of the Northwest corner of Section 2, and common with the Southwest corner of Section 35, Township 3 North, Range 68 West; thence North 00 degrees 46 minutes 36 seconds West, 51 . 30 feet along the East right of way of Interstate 25 to the approximate centerline of St. Vrain Creek as indicated by the midpoint of the Frontage Road bridge; thence North 77 degrees 53 minutes 36 seconds East, 2642 . 52 feet along said approximate creek centerline to a point on the East line of the SW1/4 of said Section 35; thence South 00 degrees 31 minutes 47 seconds East, 577 . 61 feet along said East line to the South Quarter corner of Section 35 ; thence South 00 degrees 44 minutes 42 seconds West, 2604 . 70 feet along the East line of the NW1/4 of said Section 2 to the Point of Beginning. exsiegri .rmm 911054 REAL PROPERTY TAX AGREEMENT THIS AGREEMENT, made and entered into as of the 29th day of August, 1991, by and between SIEGRIST CONSTRUCTION COMPANY, a Colorado Corporation, and ST. VRAIN LAND COMPANY, a General Partnership, with offices at 699 York Street, Denver, Colorado 80229-7399 , 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 described on the attached Exhibit A, hereinafter referred to as "Property. " Purchaser has received the sum of $146 . 30 , which is payment for certain real property taxes for the Property, figured as follows : 1 . Property is located within three separate parcels as shown in the Office of the Weld County Assessor. The parcel numbers for those parcels are: 131302000042, 131302000043 , and 120735000044 . 2 . The entire amount of the 1990 Taxes for the Property, due and payable on January 1 , 1991, and the taxes for all previous tax years, have been paid, as evidenced by the attached Certificates of Taxes Due. The Seller' s portion of the 1991 real property taxes for Property, as proportioned to the date first written above which is the date of closing for the sale and purchase of property, is as follows : For Parcel Nos : 131302000043 and 120735000044 $188 . 94 For Parcel No: $ 32 , 64 131302000042 Total Tax Due for Entire Year $221 .58 241 days up to and including August 29 , 1991 , $221 . 58 X 241/365 = $146 . 30 . 3 . The parties hereto agree that the amount set forth in paragraph 2 above is the true and correct amount of property taxes for Property as proportioned to August 29 , 1991 . Page 1 of 3 Pages 911054 EXHIBIT "B" IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. SELLER: SIEGRIST CONTRUCTION COMPANY, a Colorado Corporation By: Robert L. (,Biegr t SUBSCRIBED AND SWORN to before me this 1-2-a1b day of August, 1991 . W .4":141, . ,;d and official seal . • NOTARY .. PUBLIC Ik' ' � �.�--- ' Nddtary Public 14:...••••• Ex C �O�,' XI) �u l 2..1l CA\ ST. VRAIN LAND COMPANY, a General Partnership Robert L. "Siegfist, Partner SUBSCRIBED AND SWORN to before me this �qf= day of August, 199 W Hkr .' m and official seal . f• Ai i : NOTARY s • s PUBLIC �:'�; Not ry Public P�,7k.•.......••04 ��. � COQ Expirat on: kbllilq) Page 2 of 3 Pages 91.1.054 PURCHASER: ATTEST: /0074/41/ / WELD COUNTY, COLORADO, a body !/// Corporate and Politic of the � "'� State of Colorado, by and through the Board of County CLERK TO THE BOARD Commissioners of Weld County, Colorado /�BY i --f Deputy Cl rk to the B By: .----qq� George Kendedy, Pro-Tem aprpsieg.rmm Page 3 of 3 Pages 911054 STATE OF COLORADO CERTIFICATE OF TAXES DUE S. S. COUNTY OF Vt 3 I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes, or unredeemed tax sales,a: appears of record in the office,on the following described property,to-wit: R NO. ARCEL 5576386 25058—B-B PT NW4 2 2 68 BEG NE COR OF NW4 AME b2131302000042 R SOD44 ' W 1152.26 ' $67D03 ' W 1054 .32 ' $64D52 ' W ENDOR SIEGRIST CONSTRUCTION CO- 1617.56 ' TO A PT ON E R/W OF INTERESTATE HWY D 25 THENCE NOD1 7 ' E 1679.95 ' THENCE E TO BEG WELD COUNTY (3R 2D M/697 XCE?T- *1990 TAXES $32.64 I i TOTAL AMOUNT DUE FOR THIS PARCEL IS $0. 00 This does not include land or improvements assessed separately or special District assessments unless specifically requested AUGUST 22 , 1991 911054 FRANCIS M. LOUSTALET 1990 TAXES PAID $ 2 . 64* TREEAA ER OF�WEU)COUN V 8 -' c�� "�� ,6C �+ � n ; STATE OF COLORADO CERTIFICATE OF TAXES DU S. S. COUNTY OF N. J 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: (NO. ,RCEL 4785086 25653•-A PT W2 35 3 63 I+EG SOD3i ' E 2357.60 ' \ME 62120735000044 R FROM N4 COI: OF SEC CONT SOD31 ' E: 2995.71 ' TO S4 :NDOR S:CEGRT.ST CONSTRUCTION CO-- COR W TO A PT ON E R/W OF INTERSTATE HWY 25 THENCE NOD46 ' W 2126.71 ' S88D29 ' E 130.88 ' NODO2 ' W WELD COUNTY 379.20 ' N88D22 ' E 105 .84 ' NOD46' W 172 .05 ' N83D03 ' E M/696 590. 67 ' N04D07 ' W 264 .07 ' THENCE N89D41 ' F 1708. 18 ' tcEP7- TO EEG (2.5R) *1990 TAXES $42.82 r TOTAL AMOUNT DUE FOR THIS PARCEL IS $0 . 00 This does not include land or improvements assessed separately or special District assessments unless specifically requested AUGU"T 22 , 1991 911054 FRANCIS M. LOUSTALET 1990 TAXES PAID $42 • 024 TRE�AS1JgER OF WELOCOUN/TV STATE OF COLORADO S. S. �(CERTIFICATE OF TAXES DUE^ /Arc- \ (, COUNTY OF WE I, the undersigned, County Treasurer in and for said County, do hereby certify that there are no unpaid taxes, or unredeemed tax sales, a appears of record in the office, on the following described property, to-wit: O. :Et. 5576586 ?_5058-A NW4 2 2 68 EXC I:{EG NE CDR NW4 SOD4 E 62131302000043 R 5152. 26 ' $67D03 ' W 1054 .32 ' S84D52 ' W 1617 .56 ' TO Boa ST VRAIN LAND COMPANY HENCE NOD171E 1679.905E THENCE SEATO BEG (2D 2R) WELD COUNTY M/699 En- : 990 990 TAXES ` 862.80 TOTAL AMOUNT DUE FOR THIS PARCEL IS `60 .00 r . This does not include land or improvements assessed separately or special District assessments unless specifically reduested AUGUST 22 , 1991 '311054 FRANCIS M. LOUSTALET 1 0(ES PATH 1.862 . fjvY TREAsuAER OF wELD COUNiy1 /7ei / n CC r _ , vc\.t•i. s. ra11. G29 \g91 PROMISSORY NOTE v F RKs U.S. $625,000.00 Lc�dy.,,c@�S�orado augfgt 29th, 1984 FOR VALUE RECEIVED, the undersigned, Robert L. Siegrist, individually, and as general partner of St. Vrain Land Company, a general partnership, (Borrower) promise(s) to pay MARY ADLER (23%) , FLOYD ADLER (7%) , ARTHUR V. ADLER (7%) , LAWRENCE C. ADLER (7%) , ORVILLE ADLER (7%) , LILY WOODEN (7%) , DALE ADLER (7%) , SHIRLEY ANDERSON (7$) , EVA JANE KONG (7%) , MARY MOCAIN (7%) , JERALD ADLER (7%) , and CAROLYN ROE (7%) , or order, (Note Holders) the principal sum of SIX HUNDRED TWENTY-FIVE THOUSAND AND NO/100 U. S. DOLLARS, with interest on the unpaid principal balance from August 29, 1984 until paid, at the rate of 10 per cent per annum. Principal interest shall be payable at the residence of Mary Adler , 858 ird Avenue, Longmont, CO 80501, or at such other place as the ote H lder may designate, in equal annual payments of O HUN RED ONE T US SEVEN HUNDRED EIGHTEEN AND 75/100 ($101,718.7: U.S. L RS, due Qn ugust 29th of each year beginning Augu 29t , X985. Suc ymentsl s all \ continue until the entire ind edn s- ev nce by i Ngte i u1 O.y paid; provided, however, if of soo e •:i• , the e it pri ippa I I amount outstanding and ac ued in re= th reon s all !ed,6nd i PC payable on August 29th, 199 ��j /) \ i UNIN ' The Borrower promises to pay the Note Hdl e n the annual installment payment dates set forth above, a paym t equal tQ $0. per ton of gravel mined during the previous calendar year or�the r al property held as security for this Note, which payment shal G in addition to the annual payment called for herein. Payments received for application to this to s all be appli d first to the payment of accrued interest and t e1 nce1ed in y reduction of the principal amount hereof. Vf g /U� if If any payment required by this Note is n aid when due, )1300) entire principal amount outstanding and accrue terest th r shall at once become due and payable at the option o he Note H24 er (Acceleration) . To exercise this option, the to Hol s hall give Borrower notice of Acceleration specifying the amount the nonpayment. The Borrower shall have thirty days after the notice of Acceleration has been given to reinstate the terms of this Note, as they were immediately before such notice, by paying the amount of nonpayment specified in the Notice of Acceleration. The privilege of reinstatement shall not, however , be available to the Borrower more than once during any twelve-month period. Unless so reinstated, the indebtedness shall bear interest at the increased rate of 15.0 per cent per annum from the date notice of Acceleration is given. The Note Holders shall be entitled to collect all reasonable costs and expense of collection and/or suit, including, but not limited to, reasonable attorneys ' fees. Borrower may prepay the principal amount outstanding under this Note, in whole or in part, at any time without penalty. Prepayments 91 ..954 shall not reduce or postpone the due date of any subsequent payments. Presentment, notice of dishonor, and protest are hereby waived by Borrower and all other makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and several obligation of Borrower and all other makers, sureties, guarantors and endorsers, and their successors and assigns. Any notice to Borrower provided in this Note shall be in writing and shall be given and be effective upon (1) delivery to Borrower or ( 2) mailing such notice by certified mail, return receipt requested, addressed to Borrower at the Borrower 's address stated below, or to such other address as Borrower may designate by notice to the Note Holders. Any notice to the Note Holders shall be in writing and shall be given and be effective upon (1) delivery to Note Holders or (2) by mailing such notice by certified mail, return receipt requested to the Note Holders at the address stated in the first paragraph of this Note, or to such other address as Note Holders may designate by notice to Borrower. ��r.�,Y obert L Sieg •' t ST. VRAIN LAND COMPANY, a general partnership, BY 1��- y / +�5 .. J e Robert L.42Siegri , general partner Borrower 's Address: 6999 York Street Denver, CO 80229 THE ORIGINAL NOTE MUST BE EXHIBITED TO THE PUBLIC TRUSTEE IN ORDER TO RELEASE A DEED OF TRUST SECURING THIS NOTE. 911054 AF1 ?79i,62 F B 1041 C 01979662 08/30/84 15 : $9. 00 1/003 i' F 1999 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 'I'Ii IS DEED OF TRYST,Made this 29th wa of August hi 84 ,between ST. VRAIN LAND COMPANY, a general partnership, the grantor herein whose address is 6999 York Street , Denver, Comity of Adams, and State of Colorado, and the I'UIi TIC TRUSTEE of the Comity ur lily and County in which for property described below is situated. in ihr State of Colorado, Witnesseth:The Grantor to secure one promissory note(%)be•aring evert bale herewith,for the total principal .suntof SIX HUNDRED TWENTY—FIVE THOUSAND AND NO/100THS +Wars. p(aTya,lldetnuhperoin7ktr-mf Mary tA,1�drl,�e{r, Floyd Adler, Arthur V. Adler, Lawrence C. Adler, trp411 iel'J�l,u,A.JIin,1xmW 2Ay...p Dale Adler Shirley Anderson, Eva Jane Kong, Mary �ScCBin ,fera�d {�Sd��1Q2r aripld Carolyn Roe, the beneficiaries herein whose a re c/o Floya Alter, L/ub Weid County Road ,after the dale thereof, Zo Longmont, cO ��5�� with inheres thereon from the date?hereof at the rate of —10— per vent per annum,principal and u c est payable See attached Schedule "A" which is incorporated herein by th re\.1 ce, do V e. hereby grant and convey unto said Piddle Trustee the following described property,situate the Courtly of Weld ,State of Colorado,to wit \ (,)? See attached Sc ule IIBII which is incorporated herAin by tl • e erence, ti S J tk\*S45‘.11\:\:eiCi\ sG 4\ t\)c. `� �� 1 �� • P� ��n 0,- � 1 fl ��, \,,c._,�0�yN.0., i .1&\-°.6 :thy itrrerw-trT-strerirn rid olel?ITrf9 • '1 lITUY AND TO WILD 11d value 1 wethet with all appurte a,ce, in trod r.e..aldlr.. Owl atra- of default a,lie pasmeld of 1 11 , r I Ile t forth tl nrg.n the awned t l Ile I P 1 f .I I ni ditties,t III 1 1 I alkyl II t . g!. o nonce., 1 I we ell,.I) for I n a tl 1 A a I of•I" t l I for II 1putt it the p hl Id 1(ecl to time-If et g - I t r n P it fgeneral 11 , 1 vat r t L tL Lr t of ;moved, d 1 alTinvite dial,riled m ttr all I. 1. Ii 11 Auga t fl 1 1 .> I I ' ll' ..q Y I ! and ovve 1 La. 1 e' J - 1 h 11 t 11 ev 1 tofrill Itl Jla, er 0. . f J said 1 I I,the IL .1 , ', urn snit ne the I op Ill f 1 1 N Truster .I_ali rurul• end del nr 1, the 1 �1:,: _ i '1- void1 I 'nn 1. l thereof 1 al.. Iw-1 avradm+l t, the pnq.tt, { IA ILr The insft raven:i t. that an ll,. hi, I del, s of trove .. no, , „ ;detail, ear bM1. Ar d •mr.,f el .xnl pnq�.rl. m lee a Ind tln,t .,,I nee of encundn nlr vs.rxrpl 1r �• None I.LmI IIg III II Y e,Ilrlr rlexlrrded.. ,., (malt all laN...and I ag ,idprolog,' e ( 1, .1 n„ .1,..,..i f I.i ;pi; add oheI. I 1 m l I.. 1 t now err , ;1 1 1 amount,doe on prod emidubrame, A tteNi hi II p I °lhnrh ue.h. wllla, n �oui _ ae. 1 ar'reasonab�� I.,.n .rd. padobe((( oilier al uArLb�J1 d.• I°eIw „J.i,..,l , .., reasonable See attached Schedule "C" which is incorporated herein by this reference. Slwtdd ILr bru.glr,xry hereumlrt be made a par ly to an, action*Herbng th.%deed of trust ur the Idle to void property.the grantor ague.Ihal all court and uallvc all c sortable amn attorney's fee paid by tie beneficiary,han Iwcome additional undebtednes,due hereunder:and rile grantor does hereby It IY proper , as ahomestead exempmon or other exemplum now or hereafter rind',Jed by law agreed that in caseof default in pa,ment of•a,J principal or in tere.t or•a Lreachof any of the covenants hermit,then said princ:pai von.he-ebyy ued and interest thereon may at the°Stun of the beneficiary berome due and payable at once,an,Ihing m said note to the contrary nolo dhstaiod nig and possesston of said pruperty will thereupon be delivered to the benefo Ian.and on failure to deliver sus I;poasesoun the benefnnery .hill he entltivd lua receiver for said proper p,who me, tie a to.nted to an,awrl of cbmretent yun.Ju"en whenever lived herein the singular number shall include u,e plural.the plural thr singular, and the use nl any gendei shall be adylit able to on genders All got thecovenant,herein sLult be binding upon the fesp«the heirs,per vonal repreventat d es,ource•wrs end noigns of lid parties heretu any ploy'min or this need of Trust be hound to violate the statutes ur roun Jr nsmar of the State of Colorado,or of the Ended 5t ales,Auld' pro,iston shall be deemed to be amended to core.al,wit h and conform to such xtatutes and decisions Executed the day and year flit above written -------- --_ ____- _ ST. VIt1IN LAND COMPt Y, a general - ---- .. rtnerlAp-;— By / c„/ ' - --=-- -- -- --- -- — oJ�ert ter-i _ ._itc __rral 1 „" r STATE 111 l'el Llllb\IMy. -— -- n,ant,a Boulder 4'- The f°regweg n.lrr.n.e1.1 a ..wlraged br l°re meth,. 29th August 84 n q°f --- ----- - IS .b,• Robert L. Siegrist, general partner, of St. Vrain Land Companylp“ar general partnership. 0 f. "fir ..”,, February 14 `a L l� /s. %don. ayhaud.rolblOw 1. •I f sly 87. (77,7 94 v.tez• e�J•ry l,P•f�i-if,'I,aC= lntuln tae sl lit cr-)11,.054 .. el al it Igt sirI eS. a -air.a lair e n,v n _ •••.1.... Ile„.11 rdl'ull.,h.. •{ M •'I. t.. ..e.....J lie sills Aid,:ll evil_ 1 _ • B 1041 REC 01979662 08/30/84 15 : 59 $9 . 00 2/003 F 2000 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SCHEDULE "A" This Schedule "A" is made a part of the Deed of Trust to the Public Trustee from Robert L. Siegrist, as general partner of St. Vrain Land Company, a general partnership, to Mary Adler, Floyd Adler , Arthur V. Adler, Lawrence C. Adler, Orville Adler, Lily Wooden, Dale Adler , Shirley Anderson, Eva Jane Kong, Mary McCain, Jerald Adler , and Carolyn Roe dated August 29th, 1984, to secure one promissory note in the amount of $625,000.00; Principal and interest shall be payable in equal annual installments of ONE HUNDRED ONE THOUSAND SEVEN HUNDRED EIGHTEEN AND 75/100 DOLLARS ($101,718.75) each, due on August 29th of each year beginning August 29th, 1985. Such payments shall continue until the entire indebtedness evidenced by this Note is fully paid; provided, however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon shall be due and payable on August 29th, 1991. The Borrower promises to pay the Note Holders on the annual installment payment dates set forth above, a payment equal to $0.15 per ton of gravel mined during the previous calendar year on the real property held as security for this Note, which payment shall be in addition to the annual payment called for herein. SCHEDULE "C" PARTIAL RELEASES The Borrower shall be entitled to receive partial releases at the rate of $7,000.00 in principal payments per gross acre released, subject to the following: a. All payments on the principal of said note shall apply towards partial releases. b. No partial releases of less than ten (10) acres in size shall be granted. c. Only unimproved property shall be eligible for partial releases. d. Any partial release granted after the first such partial release shall be contiguous to acreage previously released. e. No release shall be granted which would deny access to any parcels of property not yet released. f. The Buyer shall notify the Sellers at least thirty (30) days in advance of the time when a partial release will be desired and furnish the Sellers with a legal description and survey of the parcel to be released and the acreage contained therein. All expenses in connection with said partial releases, including surveys and attorneys' fees shall be paid by the Buyer. B 1041 Ri_ 01979662 08/30/84 15 : 5, $9. 00 3/003 F 2001 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SCHEDULE "B" The Northwest quarter and the East half of the Southwest quarter and the West half of the Southeast quarter of Section 2, Township 2 North of Range 68 West of the 6th P.M. ; EXCEPT that portion of said premises deeded to Robert L. Siegrist by deed recorded January 21, 1982, in Book 0959, Reception No. 1880637, Weld County Records, more particularly described as follows: A tract of land located in the NW 1/4 of Section 2, Township 2 North, Range 68 West of the 6th P.M. , being more particularly described as follows: COMMENCING at the North quarter corner of Section 35, Township 3 North, Range 68 West of the 6th P.M. , and considering the North-South centerline of said Section 35 to bear South 00°31' 47" East with all other bearings contained herein relative thereto; thence South 00°31' 47" East, 2357.60 feet; thence continuing South 00°31 '47" East, 2995.71 feet to the South quarter corner of said Section 35, the TRUE POINT OF BEGINNING; thence South 00°44' 42" West along the North-South centerline of said Section 2, 1152. 26 feet; thence South 67°03 '26" West, 1054.32 feet; thence South 84°52' 07" West, 1617.56 feet to a point on the East right—of—way of Interstate Highway 25; thence North 00°17' 36" East along said East right-of-way, 1679.95 feet to a point on the South line of said Section 35; thence North 89°23' 23" East, 2638. 53 feet to the TRUE POINT OF BEGINNING; TOGETHER WITH all ditch and water rights appertaining to said premises, including five ( 5) shares of the capital stock of The Rural Ditch Company; 91 ..954 �� Hello