HomeMy WebLinkAbout970180.tiffReuepslou,Nu. _—
Recorder.
Stare of COLORADO
as.
County of WELD
-- 2426256 &, 79 P-526 02/10/95 03:17P PG 1 DF 1
AR2426256 _ Weld County CO Clerk &"Recorder
WARRANTY DEED
THIS DEED, Made this 10TH Jay of FEBRUARY , 1995 , between
ROBERT D. KREPS AND RAYMOND L. WIEDEMAN AND TERRY
L. WIEDEMAN
of the said County of WELD and State of Colorado, grantor, and
ARC DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY
COMPANY ,.,` N, (c4r+7 Pad j,3
0--(.rna.NEf OR.
£fOs'1g
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whose legal address is
GRBELE -nee--80634
of the said County of WELD
and State of Colorado, grantee:
REC Doe
5.00 8.00
WITNESSETH, That the grantor for and in consideration of the sum of EIGHTY THOUSAND AND
00/100 ($80,000.00) 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 said
County of WELD and State of Colorado described as follows:
LOT B of Recorded Exemption No. 0961.04 -4 -RE 1536, recorded
October 26, 1993 in Book 1408 at Reception No. 2356771, being a
Part of the NE 1/4 SE 1/4 of Section 4, Township 5 North, Range
65 West of the 6th P.M., Weld County, Colorado.
ALSO INCLUDING WELL NO. 1-2020-F REGISTERED IN WATER DIVISION 1, STATE OF
COLORADO, CASE NO. W-4663
SELLER TO RESERVE 100% OF ANY OIL, GAS & OTHER MINERAL RIGHTS WHICH THEY NOW
OWN.
as known by street and number as: VACANT LAND
TOGETHER with all and singular the hereditament. 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 what-
soever of the grantor, 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 promises above bargained and described, with the appurtenances, unto the grantee, his heirs and
assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with
tire grmime, hla bolts and assigns. Ibulat the dine of die unsmiling and delivery of these presets, be Is well seized of tire prembea above
• conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and
lawful authority w grant, bat gain, sell and convey the same in manner and form as aforesaid, and that the same ate free and clear from all
former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except
GENERAL TAXES FOR 1995, PAYABLE IN 1996, AND EXCEPT
RESTRICTIONS, RESERVATIONS, RIGHTS OF WAY, AND EASEMENTS OF
RECORDS.
The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable 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.
1TNESS WHEREOF, the grantor has executed this deed on the date set forth above.
RAY?4OND L. WIEDEMAN
The foregoing instrument was acknowledged bafore me this 10TH day of FEBRUARY
by ROBERT D. KREPS AND RAYMOND L. WIEDEMAN AND TERRY L. WIEDEMAN
My commission expires 013198
l.wn. 'rill. or Cralry, Inc. . File No. e40O3415
Na. 932A WAItIIAN'rY DEED (For Yhotogrvphlc Rword)
Witness my han snd,'fficu seal.
C
970180
EXHIBIT
I __2 _--
ALTA OWNER'S POLICY - 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a
Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage
not exceeding the Amount of Insurance stated in Schedule A, 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, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
O4142
Authorized Countersignature
STEWART TITLE OF LARIMER COUNTY
3665 J.F.K. Parkway, Building 2, Suite 100
Fort Collins, Colorado 80525
Agent ID #06040A 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:
I. (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 CO 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.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws; that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential
transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for
value or a judgment or lien creditor.
itha�nt
President
Serial No. 0-9701-2458
?)701.80
CONDITIONS AND STIPULATIONS
I. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any 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 as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason
of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land.
,(d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit
the extent to which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a) (iv) of the Exclusions From
Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district
court for the district in which the land is located.
(g)'"unmarketability of the title": an alleged or apparent matter affecting tfie title to the land, not excluded or excepted from coverage,
which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of
a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured,
or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest
in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of 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 adverse to the title to the estate or interest, as
insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate
or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability
of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, 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 prejudiced by
the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the
Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party
asserts a, claim adverse to the title or interest as insured, but only as to .those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and
will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of
those causes of action which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which
in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage
to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it
shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right,
in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed-
ing, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals
therein, and permit the 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 expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion
of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the
failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such
cooperation.
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