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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. 11/91 3 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." 11/91 4 09/18/95 13:01 952&3 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 09/18/95 13:01 TX/RX NO.1909 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. l%91 6 952e rb3 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!► 1-1(.0,... ,_ 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 09/18/95 13:01 TX/RX XO.1909 P.008 ■ Hello