HomeMy WebLinkAbout952603.tiffWARRANTY DEED
Stephen H. Caldwell and Patricia K. Caldwell. husband and
wife , grantor, of , for and
in consideration of Ten Dollars And Other Good And Valuable
Consideration in hand paid, receipt whereof is hereby
acknowledged, CONVEY AND WARRANT TO Sharon Parrill, a single
person , whose address is
the following described real estate, situate in Laramie County
and State of Wyoming, hereby releasing and waiving all rights
under and by virtue of the homestead exemption laws of the
State, to -wit:
See Attached Schedule C
SUBJECT to all easements, reservations and restrictions
presently of record in the office of the County Clerk for Laramie
County, Wyoming. WITNESS 0(w- hand J< thisL- day of
z
, 1994.
Stephen H. Caldwell, a married
rson
Patricia K. Cal we , a married
person
****************************************************************
State of Wyoming
County of Laramie
The foregoing
Stephen H. Caldwell.
married person, this
ss.
952603
instrument was acknowledged before me by
a married person d Patricia K. Caldwell. a
r- 19 '� day of �/� 1994C`
NOTICE OF CONTRACT FOR DEED
KNOW ALL MEN Y. THESE PRESENTS, that the undersigned have on the
day of r;/ , 1994, executed a Contract for Deed. -
Said Contract for Deed conveys property
from Stephen H. Caldwell and
Patricia K. Caldwell, husband and wife, to Sharon Parrill, a single
person, of , upon
the completion of the conditions of the Contract for Deed. The land so
conveyed is described as follows:
See Attached Schedule C
Said Contract for Deed together with a deed to be delivered to the
Purchasers upon full performance thereof is held by Equality State Bank
as escrow agent.
This document is filed to secure all rights which are accorded
through notice as if the Cont9 ct for Deed itself had been filed.
DATED thisday of l �� / , 1994.
G / l
State of Wyoming
ss.
County of Laramie
Ceaz_
Stephen H. Caldwell, a married
on
..25c (--)cd..°
Patricia K. Caldwell, a married
person
The foregoing instrument was acknowledged before me by Stephen H.
Caldwell. a married Rawson and Patricia K. Caldwell, a married person,
thisah day of o r; / , 1994.
Witness my hand and official seal.
My Commission Expires:
Notary -Purl ic��
952603
11 Lek l`7 Ut: f..{..t;./
Sharon Parrill, a single person
Porn, Ha r 342 CO-arl
Al -TA Plain Language Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
UNITED TITLE OF GREELEY
agent for
FIRST AMERICAN TITLE INSURANCE COMPANY
AGREEMENT TO ISSUE POLICY
FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the
Company, through its agent, United Title of Greeley, referred to in this Agreement as the Agent agrees to
issue a policy to you according to the terms of this Commitment. When w0 show the policy amount and
your name as the proposed insured In Schedule A, this Commitment becomes effective as of the Commit-
ment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months atter the
Commitment date, our obligation under this Commitmentwill end. Also our obligation under this Commit-
ment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions In Schedule A
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions on the other side of this page 1.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
UNITED TITLE COMPANY
OF GREELEY
11OO Tenth Street • Suite 1O2
Greeley, Colorado 80631
(303) 356-3200
First American Title Insurance Company
By
BY
/Ma -a— d9A-trigiot
PRESIDENT
SECRETARY
COuNTERSIONED
09/18/95 13:01
952693
TX/RX NO.1909 P.002
N
ALTA COMMITMENT - 1982 - WY
SCHEPU'LE A
1. Effective Pate: March 30, 1994
AT 5:00 P.M., MST
2. PoliCies To Be Issued:
(A) ALTA
OOWNdERS
PO(10/17/92):
P
(B) i
proposed insured:
SHARON PARRILL
Commitment No: T-9108
REVISED
(C) ; Proposed Insured: Amount: $
Amount: $62,000.00
Amount: $
3. FEE interest in the land described in this Commitment is owned, at the Commitment Date,
by
Stephen H. Caldwell and Patricia H. Caldwell, husband and wife SUBJECT to Contract for
Deed to Michael A. Harter and Debbie Harter, recorded April 21, 1988 in Hook 1259, Page
758, Records of Laramie County, Wyoming.
Sc
4. The land referred to in this Commitment is described as follows:
SEE SCHEDULE C ATTACHED HERETO AND MADE A PART BEREOP•
We the undersigned hereby certif that a copy of the title commitment
has been provided to us and that 1 ave read the same.
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09/18/95 13:01 TX/RX NO.1909
952603
P.003 •
ALTA cOMlITMENT - 1982 - WY
ScamDVLS B - fiCTION X
asgvsaslafs
Commitment No.' T-9108
The fallowing requirements must be met:
(a) Pay the -agreed amounts for the interest in the land and/or the mortgage to be insured.
(b) Pay us the premiums, fees and charges for the policy. s (e) wil must tell ue in writingthe land orm whowillone not refered to in make a loanron the land. We maysthent
who
will get an interest in make
additional requirements or exceptions.
(d) Documents
satisfactory
ynto s creating
and interest in the land and/or the mortgage to
Doinsured isaco
1. Release of the Mortgage executed by Stephen H. CaldwellandPatricia K. CaCaldwell.
husband and wife, in favor of First Wyoming Bank, in Book
d
April 22, 1985, recorded in the amount of $15,000.00 on April 29, 1985,
1213. Page 467, Records of Laramie County, Wyoming.
2. Quitclaim Deed from Michael A. Harter and Debbie Harter, stating marital status,
to Stephen H. Caldwell and Patricia H. Caldwell, husband and wife, relinquishing
any interest in Contract for Deed recorded April 21, 1988 in Book 1259, g
e 8.
3. Provide Title Company with executed copy of the Contract for Deed executed and
by
Stephen H. Caldwell and Patricia H. Caldwell, husband and with copies as LEf RS, and
Sharon Terrill, stating marital status, as BUYERS, along
instructions and copies of deed(s) that are to be placed in escrow.
NOTE: If evidence
f this
Contract
for when e is issued:
of to be recorded. the following will
be an exception
"Any liability or claims arising from the fact that the Instrument
referred to in Paragraph -,.schedule B of this Policy is not of
record."
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TX/RX NO.1909 P.004
•
eemmi t:ment Number DT01085O94
SCHEDULE H - SECTION 2
Exceptions
Any policy we issue will have the following exceptions unless they are taken
care of to our satisfaction.
PART Ia
1. Taxes and Assessments, not certified to the Treasurer's Office.
2. Any facts, rights, interests, or claims which are not shown by the public
records, but which could be ascertained by an inspection of said land or
by making inquiry of persons in possession thereof.
3. Easements, or claims of easements, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments or any other facts which a correct survey would di.sclone,
and which are not shown by public records.
5. Any lien, or right to lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
PART Ib
1. Taxes for the current year, including all taxes now or heretofore
assessed, due or payable.
2. Terms, agreements, provisions, conditions and obligations as contained in
contract for Deed by and between STEPHEN H. CALDWELL AND PATRICIA K.
CALDWELL, as sellers and MICHAEL A. HARTER AND DEBBIE HARTER, as
purchasers, recorded April 21. 1980 in Book 1202 at Reception No.
2148389.
3. Any assessment or lien of THE NUNN FIRE PROTECTION DISTRICT, as disclosed
by instrument recorded December 4, 1984 in Book 1051 at Reception No.
1990804.
4. A condition contained in the United States Patent recorded in Book 190,
at Page 244, Weld County Records, which states as follows: Yet excluding
and excepting from the transfer by these presents "All Mineral Lands"
should any such be found to exist in the tracts described in the
ion and g theestatutel,��shallt snotcbesconstruedxtoPincludec an
"Coland the
Iron Land". _ of
5. Subject to a reservation as contained in the Deed from UNION PACIFIC
RAILROAD COMPANY to WARREN LIVE STOCK COMPANY, recorded December 20, 1916
in Book 459 at Page 307, Weld County Records, which states as follows:
"EXCEPTING AND RESERVING to said UNION PACIFIC RAILROAD COMPANY, ITS
SUCCESSORS AND ASSIGNS:
FIRST: All oil, coal and other minerals within or underlying said lands.
SECOND: The exclusive right to prospect in and upon said land for oil,
coal and other minerals, therein, or which may be supposed to be therein,
and to mine for and remove from said land all oil. coal and other
Continued on page 2
952£°3
09/18/95 13:01 TX/RX NO.1909
P.005 •
ALTA COMMITMENT - 1982 - WY
SCHEDULE E - SECtXON II
EXCEPTIONS
Commitment No.: T-9108
Any policy we issue will have the following exceptions unless they are taken care of
to our satisfaction.
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, liens or encumbrances, or claims thereof, which are not shorn 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.
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.
S. (a) Vnpatented mining claims; (b) reservations or exceptions in patents or in acts
authorizing the issuance thereof; (c) water rights, claims, or title to water, whether
or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Ownership or title to any mineral interest and the effect on the surface of the
exercise of the mineral rights.
7. Taxes and assessments not shown by the records of the County Treasurer.
TAXES FOR THE REAR 1994 AND SODODQG.4T YEARS.
Taxes for 1993 appear to be: $279.53 PAID Account #0 0012 0066 21010.
8. Easement, for water line and 20 foot roadway and incidental purposes as contained in
instrument recorded June 5, 1947 in Book 438, Page 251, Records of Laramie County,
Wyoming.
9. A Mortgage entitled to secure an indebtedness in the original principal sum of
$34,950.00 and any other amounts and/or obligations secured thereby, recorded March 1,
1977 in Book 1093. Page 1463, Records of Laramie County, Wyoming.
Dated: February 28, 1977
Mortgagor: Stephen H. Caldwell and Patricia K. Caldwell, husband and wife
Mortgagee: Bankers Mortgage Company of California
Assignment of mortgage to Pacific First Federal Savings Bank by Records Laram
instrument
a doAr
ed April
8, 1985, recorded July 15, 1985 in Book 1216, Page 553,
Wyoming.
Assignment of mortgage to The New York Guardian Mortgagee Corp. by instrument dated
September 1, 1986, recorded September 23, 1986 in Book 1234, Page 232, Records of
Laramie County, Wyoming. ._
Assignment of mortgage to Metmor Financial Inc., a California Corporation by instrument
dated August 17, 1992, recorded April 14, 1993 in Book 1341, Page 925, Records of
Laramie County, Wyoming.
Exceptions numbered none will be omitted on filial Policy when issued.
ALTA COMMITMENT - 1982 - WY
Commitment NO.: T-9108
SCEXDTJLE C
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952€°3
P.006 •
Laramie, and is described as follows:
Being all that portion of Lot _ (N2WNEM) of Section 21, Townsh - 12 North, range 66 West, 6th
P. M.. Laramie County, ret
U. 5. Highway 85. and o
boundedbounded the east ay of on thewest by the eawesterly
easterly right-of-waYoofw P forme U.senS.
Highway 85, to -wit:
Beginning at the point of intersection of the line common to Section 16 and said Sectionw21
with aforementioned westerly right-of-way line of present U. S. Highway 85 (rig
conveyed to the State of Wyoming by that certain Warranty deed recorded in Book 564, Page 498
an the'-llth day of February, 1955. at the Office of the Laramie County Cle1rk and aOfficio
Register of Deeds), from which the corner common to Sections 15,
22 f
aforementioned township, a 3/4" dia. iron pipe, bears 5.89'18'E. based on solar observation,
594.3 feet distant; thence N.89°18'W., along said section line, a distance 176.9 feet
line the
he
point of intersection of said section line with aforementioned easterly right-of-way line, a
former U. S. Highway 85; thence S.28°38'E., along last-mentioned right-of-way thenca
distance of 321.6 feet to a point on the Wyoming -Colorado boundary line;
N.89°02'45"E., along said boundary line, a distance o₹ 54.0 feet to a Colorado Department of
Highways concrete monument with brass tablet, from which Mile Post Number 37,, a grader blade
set in concrete, bears N.89°02'45"E., 3,892.9 feet distant; thence northerly, along
aforementioned westerly right-of-way line and being along a curve to the left having a radius
of 5,579.6 feet, a central angle°53'10" and a chord bearing N.6°23114., an arc length of
281.0 feet to the point of beginning.
AND
A tract of land situate in the NEM of Section 21. Township 12 North, Range 66 West of the
e6h
P.M., (formerly known as part of Lot 1, a/k/a Tract 1, and Lot 2), Laramie County, Wyoming,
and being more particularly described as follows:
Beginning at the E 1/16 corner common to Section 16 and said lSection
21
22 of corner of reof NEMNeU
oned
Section 21), from which the corner c 1,336.7 common to Sections 15, 21£set distant
township, a 3/4 iron pipe, bears 5.89°18(E. based on solar observation, thence Sfe t0 'is"a. a
thence N.89°18'W „ along said section line, a distance of 175.0 feet; liner thence
distance of 307.0 feet to a point on the Wyoming -Colorado boundary
N.89°02'45"E., along said boundary line, a distance of 506.4 feet; thence N.0°51'E., along
the east line of ,, along a said distance
sectionf 2 line feet
and a� o aalonga point on thef north aforementioned
dofsection
Tract line;
1.a
thence N.89°18'w., 316. „ beginning.
of 316-8 feet to the point o£ beg' g.
AND
A 20 foot wide roadway in Tract 1 in Lot 1 of Section
21,
Township 12 rth boundary of Tract North,
Radistancege 66 st
st
of the 6th P .M., Laramie County, Wyoming, along the
132.0 feet from the east line of Tract 1 to the westerly right-of-way line of old U. S.
Highway 85.
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09/18/95 13:01 TX/RX NO.1909 T.006
rQrm "a 1069-°•c IGO-07)
SCHEDULE C
The land referred to In Schedule A Is situated In the State of Colorado. County of Weld
and is described as follows:
PARCEL I:
All that portion of the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4)
of ) Range Sixty-six Sction
TWenty-one (21),
CountyTof Weld, State of Colorado, North,
more 6)
particularly
described as follows:
Beginning at a point which is South 0°11' East. 301.9 feet South of the Northwest
Corner (NW Cur) of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4)
of Section 21; thence South 0'11' East. 1023.25 feet to a point; thence East,
South 89'49' East, 319.feet to a point; thence North. North 0°11' West, 1032.65
feet to a point; thence West. North 88°04' West, 319 feet to the Paint of Beginning.
County of Weld,
State of Colorado.
PARCEL II:
A pare (21), wnship Ranger Sixty-sixo West ofethen6theP.M., County of Weld, v (12)
of Lot Weld, State
described as follows:
Beginning at a point on the Colorado -Wyoming boundary line at a point from which
Mile Post 38, a grader blade set in concrete bears south 89°02'45" West, a distance
of 435 feet; thence North 89°02'45" East, along the Colorado -Wyoming boundarlY line,
187.5 feet to a point where the Colorado -Wyoming boundary line intersects the East
line of said Lot 2; thence South 0°51' West along the East line of said Lot 2.
distance of 143.9 feet;
thence North 87'31' West, 141.9 feet;
thence North 24°13'15"'West. 110.8 feet;
thence North 3°10'30" East. 33.6 feet to the Point of Beginning.
County of Weld,
State of Colorado.
5teat!►
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09/18/95 13:01 TX/RX NO.1909 P.007
•
Continued from'page 1
minerals which may be found thereon by anyone.
THIRD: The right of ingress, egress and regress upong said land to
prospect for, mine and remove any and all such oil, coal or other
minerals and the right to use so much of said land as may be convenient
or necessary for the right of way to and from such prospect places or
mines, and for the convenient and proper operation of such prospect
places, mines, and for roads and approaches thereto, or for removal
therefrom of oil, coal, mineral, machinery or other minerals.
FOURTH: The right to said UNION PACIFIC RAILROAD COMPANY to maintain and
operate its railroad in its present form of construction and to make any
change in the form of construction or method of operation of said
Railroad".
6. Subject to a reservation as contained in the Deed from TERRY LAND AND
LIVESTOCK COMPANY, INC. to LAZY D. GRAZING ASSOCATION, recorded May 18,
1965 in Book 542 under Reception No. 1463875, Weld County Records, which
states as follows: "Excepting and reserving therefrom, however, unto
TERRY LAND AND LIVESTOCK COMPANY, INC., party of the first part, its
successors and assigns, all gas, casinghead gas, oil, and other minerals
valuable as a source of petroleum in and under said lands and
appurtenances thereto, together with the right of ingress and egress at
all times for the purpose of mining, drilling, exploring, operating and
developing said lands for gas, casinghead gas, oil, and other minerals
valuable as a source of petroleum in and under said lands, and storing,
handling, transporting and marketing same therefrom with the right to
remove all property and improvements placed thereon by party of the first
part its successors and assigns".
7. Rights of way for County Roads 30 feet on either side of section and
township lines, as established by the Board of County Commissioners for
Weld County, recorded October 14, 1889 in Book 86 at Page 273.
8. The apparent lack of access to and from the subject property via a public
street, road or highway, or via a privately granted easement; the effect
of the apparent lack of access upon the marketability of the title of the
land.
S52603
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