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Home My WebLink About991576.tiff i‘. B 1240 REC-02187351' ' 08/04/89 16:26 $15.00 1/003 F 0016 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Slate Documentary Fee AR2187351 Datc....5 '"4.'8.Q CORPORATION SPECIAL WARRANTY DEED c2,,S• 0,,,,-,- . Farm Credit Bank of P,Wichita '- /-4:%" - f/k/a The Federal Land Bank of Wichita- ' ,'e/xC �,CTHIS-4 INDENTURE, made3.this�'4thrday of. August,` 1989,: between FARM ,4 ='n, Y 3 a 2 .CREDIt BANK O jWICHI•T�A /K/A, THE FEDERAL LAND BANK OF WICHITA ,<x ,� q$�sc°� Egg Wlchi taKans(as�a 'cor'porationrrrparty of ,the':first 'part, and LESTER E. HARDESTY and :SHERRILL`R. HARDESTY, as Joint Tenants, whose address is;?34630 W.C.R. 19; Windsor, CO 80550 , , 2.; . parties of the second part. - - cs WITNESSETH CrThat- the said ` party. of :the first part, for-:and in 4F consideration. of -:the' sum!-of; S255,000.00 -' (Twohundred Fiftyfive Thousand and no/100's) DOLLARS, and -other' valuable consideration to it in ,hand -paid ,by the said. - kr ?$25 50 y; part'ies -o, 'second -part, . the ;receipt of'' which ` is;:hereby- , , confessed and ` acknowledged, has granted,• "bargained, sold and conveyed, and by ,these presents does:,.grant, ,;bargain, sell; and; '' convey unto the.'said parties of the tisecond , Part, ',their:,:heirs, --- , -•.• successors and assigns, forever, its title and :;interest,;:in- the following described real estate situated in the County of Weld and State of Colorado, to wit : The Northwest 1/4 of Section 10, Township 6 North, Range 66 West of the 6th P.M. TOGETHER WITH: Four Shares of the Capital Stock of Larimer & Weld Irrigation Company; Fnur Shares of the Capital Stock of Windsor Reservoir and Canal Company; Five Shares of the Capital Stock of Lucas Lateral Ditch Company; and together with 23 Units of the waters of Northern Co .nrado Water Con":rvancy District . TOGETHER WITH: One North Weld County Water District water tap. ere; reserved by it 400 The Seller hereby reserves any minerals & rineral rights aegwi-red 1 m prior to January 23, 1986. The Seller hereby conveys to the , aforesaid parties of the second part all minerals & mineral rights ;!,�A- now owned which were acquired after January 23, 1936. SUBJECT TO: Easements, rights of ways, restrictions, reservations, mineral interests or mineral leases, and any building nr zoning restrictions or regulations, and discrepancies an accirate survey would reveal . 991576 i " �.. , ' B 1240 REC 02187351 08/04/89 16:&26 $15.00 2/00f3 F 0017 MARY ANN FEUERSTEIN CLERK RECORDER WEL1? .CO, Co TO HAVE AND HOLD The same, together with all and singular th_e title` and interest. of the party of the first= part - in' and .to ,the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appert;.Lning, forever. . And the said party of the first part_ hereby covenants and agrees that at the delivery- hereof it is the ::lawful ;owner of 'the--- interest ; hereby.`conveyedin the above • described,.premises% and,- that it:.wi11..WARRANT AND„DEFEND the same ,. :• unto 'the" partiesofsthe ` econd;,part,'aheir :heira, . succesaors, :and assigns, and all and every person or persons whomsoever lawfully - claiming through,' by or 'under- it, ' them, or either of them. 5 ' ;t . : t t • z Llait 4 JAS: l i +s rAl M1e . ;rY ;1`J 1;iFT 4 YL Z ESCROW'DEED.FLB , , B . 1240 REC ^87351 08/04/89 16:26 ('`+,5.00 3/003 1"•‘, F 0018 MARY ttNN FEUERSTEIN CLERK & RECOR..«R WELD CO, CO IN WITNESS WHEREOF, The said party of the first part has caused 1 these presents to be signed by its vice president, and its corporate seal 'to be affixed hereto, and oattef stB a y itsof Secre retary, by and with the conse 1(t and authority on the date and year �/U1bove written. ATTEST: 4� Is. ~it,' Ninth District Federal Land Bank Association, a Corporation as SSE SEAL ty Attorney in Fact for Farm Credit ,n a:�t S 1,O17 Bank of:.: Wichita f/k/a The ._,,, r:e Federal Land Bank of Wichita, lie y'f�l .....014r�E a co io Bf' Vice President ' A:tsistant Secretary " ACKNOWLEDGEMENT' STATE OF COLORADO ) SS COUNTY OF WELD t f .� r - Before me,, the undersigned,` a Notary Public in and for, said County, and `state,'ion_ thisi,4th day of August, . 1989,:"personally, appeared .• 4.Thocus E. Rainbolt `, •'.-1"`.7.-r2:-•`:4i... •,ce• to me personally known and;known :" to me to be the identical person who, subscribed thename of Ninth ( ' District Federal Land bank'Association,"'a Corporation .as Attorney in Fact for Farm Credit Bank of Wichita f/k/a The Federal;Land,Bank of Wichita, Wichita, ..Kansas, "'a-''corporation,; to the 'foregoing, `. instrument as its Vice President, and he being. known by me' duly sworn did say that he is such officer and that the seal affixed to said instrument is the corporate seal of said corporation and that the same was signed and sealed in behalf o.f said corporation by authority of its board of directors, and he acknowledged to me that he executed the same as his free and voluntary act and weed, and dS the free and voluntary act and deed of such corporation, for the uses and purposes set forth and specified therein. WITNESS my hand and seal the day and year last above written. NGG,[[. n , . i otaty ubl Chc�5..� :'�r;.'Commiss,ion expires: Feb. 26, 1991 ae • • '••• • Du y'v' U ',' • 'yS`(-`RON<Yr:BD.FLB ^ . Yair S • r CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The Security Title Guaranty TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: The Northwest Quarter of Section 10, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. • CONVEYANCES (if none appear, so state): Reception No. 2187351 Book 1240 Reception No. 2176068 • Book 1229 Reception No. 2173619 ,Book 1227 Reception No. 16 15 99Q8g9g Book 769 r ,Book 769 Reception No. Reception No. Book Reception No. ,Book Reception No. Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of Security Title Guaranty COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, Security Title Guaranty COMPANY, has caused this certificate to be signed by its proper officer this t 9rh day of February 19 98 at 8:00 a.m., SECURITY TI Li ht,NIYGO. 110010th St.,#302 Greeley,CO 80631 Company �, BL�'_� �S�d�'# Authorized signature '4,4,277" B 1240 REC 02187351z' 08/04/89 = 16:26 $15.00 1/003 F 0016 MARY ANN FEUERSTEIN CLERK E RECORDER WELD CO, CO State Documentary Fee ' 11Rc'187351 Date. .. CORPORATION SPECIAL WARRANTY DEED $. ,.,,f.7,.w.oC..IQ Farm Credit Bank -of.Wichita. f/k/a The Federal Land Bank-of Wichita-`-- y�.} * ."i THIS'tiINDENTURE,-mad4tthisr'4th?day of.:August,• 1989; : between FARM a CRITx$ANK OF aWIA ,;FjK/A THE , FEDERAL ;LAND BANK OF WICHITA, to �_ �rM ED.=.-Wichita�Kans"as�a" cgCHTTrporat�on�pa'rtyy of ;the first part, .and'`, ws `� <• LESTER E. HARDESTY and SHERRILL R. HARDESTY, as Joint Tenants, whose address is 34630 W.C.R. 19; Windsor, CO 80550 i cY {� .Fparties of the second part. s WITNESSETH: -; That the said party of the first part, for and in consideration. of -the sum of $255,000.00. (Twohundred Fiftyfive Thousand and no/100's) DOLLARS, and other valuable consideration to it, in hand paid by the said $25• .50 parties 'of- ,,the; second part,' the ',receipt of which J. is hereby':: confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,. bargain, sell and ; convey unto the said parties of the second part, their heirs, successors and assigns, forever, its title and interest. in the following described real estate situated in the County of Weld and State of Colorado, to wit : The Northwest 1/4 of Section 10, Township 6 North, Range 66 West of the 6th P.M. TOGETHER WITH: Four Shares of the Capital Stock of Larimer & weld Irriyat. iun Company; Four Shares of the Capital Stock of Windsor Reservoir and Canal Company; Five Shares of the Capital Stock of Lucas Lateral Ditch Company; and together with 23 Units of the waters of Northern Co .orado Water Cohce:rvancy District. TOGETHER WITH: One North Weld County Water District water tap. ��,( reserved by it /alb`•/ ( The Seller hereby reserves any minerals & r.ineral rights aequ-ixed C prior to January 23, 1986 . The Seller hereby conveys to the ��✓ y� aforesaid parties of the second part all minerals & mineral rights ,!•�/h' now owned which were acquired after January 23, 1936. SUBJECT TO: Easements , rights of ways , restrictions, reservations, mineral interests or mineral leases, and any building or zoning restrictions or regulations , and discrepancies an accirate survey would reveal . +ti-vF •s r-'•taw c.9nm,: �Y'? i /+•ta�kw..xw*>rE'4,y:� • B 1240 REC 02187351 `08/04/89 16:26 $15.00 ._ ''•- F 0017 MARY ANN FEUERSTEIN CLERK & RECORDER WELD .CO, Co TO HAVE AND HOLD The same, together with all and singular the title and interest of the party of the first part in and to the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appert; .ning 'forever. . And the said party of the first part hereby covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises;. and that WARRAN_T AND,DEFEND the same s q [ e . =4 .� i, � " :.:-'unto `the�partieaof>, he second;part, their heirs,=:successors; and assigns, and all and every person or persons whomsoever lawfully >' claiming through, by or under it, ' them,i-or either of them. k N2 + J � $ ESCROW' DEED.FLB , , p 1240 P.EC 0(" 7351 08/04/89 16:26 (N.00 3/003 t: F 0018 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO IN WITNESS WHEREOF, The said party of the first part has caused Eau's\ these presents to be signed :by its vice president, and its corporate seal 'to be affixed hereto, and attested by' its Secretary, by and with the conse ti and authority of its Board of Directors, on the date and ye above written. iz.tATTEST kC .wa» %fly,' Ninth District Federal Land Bank _f Association," a Corporation .as-,N SEq tI �h Attorney in Fact for Farm Credit �; 1 ` ' =' Bank :'-of.= Wichita .`.;f/k/a The rti Federal Land Bank of Wichita, By Assistant Secretary Vice President _ . ACKNOWLEDGEMENT STATE OF COLORADO 1 1 SS. COUNTY OF WELD Before me, the undersigned, a Notary Public in and for said County . and State, on this%,4th day of August, 1989, personally app Thomas E. Rainbolt to me personally known:and known to me to be the identical person. who subscribed the name of Ninth District Federal Land bank Association, a Corporation as Attorney in Fact for Farm Credit Bank of Wichita f/k/a The Federal 'Land 'Bank of Wichita, Wichita, Kansas, -a corporation, to the foregoing instrument as its Vice President, and he being known by me duly sworn did say that he is such officer and that the seal affixed to said instrument is the corporate seal of said corporation and that the same was signed and sealed in behalf of said corporation by authority of its board of directors, and he acknowledged to me that he executed the same as his free and voluntary act and need, and as the free and voluntary act ard deed of such corporation, for the uses and purposes set forth and specified therein. WITNESS my hand and seal the day and year last above written.VetZdadNotary ublis . MyCommishion expires: Feb. 26, 1991 • '8$FR,P i;f ED.FLB ..:d31 IR2176006 B 1229 REC 02176008 04/10/89 16:10 $12.00 1/004 F 0644 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DEED INLIEU OF FORECLOSURE/DEBTORS' QUITCLAIM DEED (CORRECTION DEEDS) KNOW ALL PERSONS BY THESE PRESENTS: THAT the undersigned, Leland Wayne Carlson, a/k/a Leland W. Carlson, and Betty Joan Carlson , a/k/a Betty J. Carlson (hereafter "Grantors", whether one or more) , claim an interest in, and legal ,� title 't o,certain -real property, descr bed .in Exhibit "A"._attached = hereto and incorporated by reference, whichls secured to Farm figgg4 Credit.:,Bank 'ofWichita :f/k/a ;TheaFederal ;Land Bank 'of .Wichita a; , . . (hereinafter "FLB" ,or.;"Grantee"); under ,that'certein First Farm and . Ranch Mortgage dated 'February 4, 1980, and recorded April 2, 1980, in Book 899 at Reception No. 1821230, securing Loan No. 790809 • 9-0-565 0 in the records of. Weld County, Colorado, securing certain loans by,FLB to Grantors ; and WHEREAS, the Grantors filed a Petition Tor relief under Chapter 12 of the Bankruptcy Code on February 10 , 1988, under Case No. 88 B 01605 A of the United States District Court for the District of Colorado in Bankruptcy; and �., WHEREAS, Grantors hnve reviewed the claims secured by the property set forth below; believe there is no equity in the property in excess of the claims secured thereby, Including the lien of FLB; and Grantee has requested confirmation of Grantors ' abandonment and . surrender of the property; and WHEREAS, pursuant to a Second Amended Plan of Reorganization ( "Plan of Reorganization" or "Flan" ) approved by the Bankruptcy Court on September 12, 1988 , Grantors acknowledged their secured by the foregoing Mortgage securing the FLB loan ; and WHEREAS , the Plan of Reorganization has been duly approved by, and made an Order of the Bankruptcy Court pursuant to the provisions of the Bankruptcy Code after notice and opportunity for hearing to all creditors , for the purpose of setting up and establishing certain rights , duties and responsibilities of the .parties as more particularly set forth therein ; and WHEREAS, Grantors desire and have agreed to perform pursuant to the Plan of Reorganization as made an Order of the Bankruptcy Court , including those provisions which will call for Debtors ' delivery of this Deed out of escrow in the event of any default under the terms of the Note, Mortgage or Plan of Reorganization, waiving any and all further right , title, ri " im or int^rest in the property set forth 5elow. 'This correction deed is filed solely to correct the names of lb. Grantors. B 1229 REC 02176008 04/10/89 16: 10 $12.00 2/004 F 0645 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • NOW, THEREFORE, for good and valuable consideration, Grantors hereby 'acknowledge.FLB Loan-4790609 '9-0-565 0 is in default ; is secured by the real property described below; disclaim all - further right , title and interest in and to the property conveyed hereunder, including but not limited to any rights of homestead, leaseback' repurchase, redemption, or continued possession, and do hereby grant , convey, transfer and assign to FARM CREDIT BANK OF WICHITA FEDERAL.::LAND BANK OF, WICHITA,- a corporation, whose sddress is 245 North Waco,—P. O. Box 2940, Wichita, Kansas 67201-2940, its successors and assigns, all of Grantors ' right , title and interest , including by way of description , and not limitation, rights in reversion or abandonment under the Bankruptcy.Code, .Title .11 U.S.C., rights of first refusal , repurchase, leaseback, restructure, 'cure,.. .continued possession or redemption in and to all or any part of the: . following described property located in Weld County, Colorado, wit : The NW1/4 of Section 10, Township 8 North, of Range 66 West of the 6th P.14. ' Weld County, Colorado. Together with 4 shares of the capital stock of The Larimer t . and Weld Irrigation Company; 4 shares of the capital. stock of Windsor Reservoir and Canal Company; 5 shares of the capital stock of: Lucas Lateral Company, and ,togetherwith > 23 Units from the waters of the Northern Colorado Water Conservancy District. Notwithstanding anything set forth herein, Grantors are not waiving ' any rights they may have of first refutes; to leaseback or repurchase the property under the Agricultural Credit Act of 1987. TO HAVE AND TO HOLD THE SAME, tr.gether with all growing crops , water , enter rights , fixtures , equipment and appurtenances , and rights used and obtained or pertaining thereto, as set forth and contained in that certain Vortgrge as set forth above in the records of Weld County, Colorado, free and clear of any and all further . right , title, interest or claim of Grantors and tree and clear of all liens or encumbrances . This Deed in Lieu of Foreclosure shall he dated and deemed effective as of the date of execution , notwithstanding its delivery to an escrow agent to hold for release in the event of a default by Grantors under the terms and previsions of the Plan of Reorganization. Granters acknowledge that this Deed has been tendered after full disclosure of the waivers contained herein and consultation with and upon the aivice of Grantors ' counsel , and has been freely and voluntarily gives. Debtors Acknowledge and rare, their default under the original loan documents shall , for Inc pu 'poses of this Deed, be deemed to be .2_ es• PIN B 1229 REC 02176008 04/10/89 16:10 $12.00 3/004 F 0646 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO a continuing default in light of their waiver, quitclaim and assignment of all further rights in the property, including any rights of redemption, first refusal , leaseback, and restructure, as set forth above. Grantors acknowledge that Grantee's acceptance and recordation of this conveyance shall not be deemed a merger or waiver of Grantee' s rights as a- mortgagee or beneficiary under any Mortgage, Deed of Trust or other security instrument secured by the property; but is made solely for the purposes of providing a Deed. in "`Lieu`• of Foreclosure to 'clear'..title,-' transfer possession and avoid, to the extent possible, additional costs, expenses and delays of judicial or public trustee foreclosure of the Grantee 's rights under the above-described Mortgage. Further, Grantee's :acceptance of this conveyance shall not be deemed or construed a merger or waiver of Grantee's right or claims under the loan secured by the foregoing property to commence or continue foreclosure: or any other proceeding to collect the full amounts due under Grantee' s loan from the property or any other parties that may be liable thereon in the event Grantee deems or feels it necessary for any reason to continue such proceedings to clear title to the property or seek a deficiency claim therein. By their execution of this Agreement, the Grantors hereby acknowledge, stipulate and agree to the voluntary waiver of any rights of redemption, leaseback , restructure , under State of Federal law, and any rights as a qualified farm owner-tenant with informed consent. As a part of this conveyance, effective as of the date hereof, Grantors have specifically waived any rights they have have or claim as a qualified farm-owner/ tenant under the provisions of S 13-40-125, inmcluding any further rights to leaseback, right of first refusal , or going-away crops, and any and all rights under S 13-40-104(2) , S 13-40-124, S 13-40-125 , or S 13-40-126, C.R.S. , as amended. Further , Grantors specifically waive any rights of restructure under the Agricultural Credit Act of 1987 . For Notices under S 13-40-125 , C.R.S. , as amended by S.B. 123, the parties agree their addresses for Notice purposes shall bet Leland Wayne Carlson The Federal Land Hank of Wichita 15274 W.C.R. 72 c/o Farm Credit Services Greeley, Colorado 806: 1 127, 22nd Street Greeley , Colorado 80631 Betty Joan Carlson 15274 W.C.R. 72 Greeley , Colonic* 80631 or such other address as the parties may provide one another from and after the effective date of this Deed, in writing. Grantors hereby •acknowledge 1mx HAVE PIT. RIM( TO REVOKE THE FOREGOING WAIVER UPON WRITTEN NOTICE SERV' D UPON AND RECEIVED BY GRANTEE CITBIN THREE ( 3 ) BUSINESS DAYS AFTER EXECUTION HEREOF. -3- Fn`s :?f' 7 '� 4. {,,. ..__ t . _ f S" ,.... 1 <� », �i . t-rri r�..r�. rw'E'."...�""� - z {_ d 1229 REC 02176008 04/10/89 16:1O $12.00 4/004 F 0647 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, C'., DATED this _het day of 494..e2 1989 . 014 an W yne arlson, a k a Leland W. Carlson, ' Grantor orison, e k a Betty J .car lson, •,,Grantor „ , STATE `OF. COLORADO ss . COUNTY OF LARIMER) SUBSCRIBED AND SWORN TO before me this 6CL day of G �G , 1989 by Leland Wayne Carlson, a/k/a Leland W. Carlson, and etty• Joan Carlson, a/k/a Betty, J. Carlson. . WITNESS my hand and seal . .r� • ae `1' . ...fit Notary Public "Ny\ o ssib) expiresoYJj_ kriezfre ea SO/ .,• 7TH 0F,G0�'t RWF: 051413012 890329ja11789 _4_ • B 1227 . REC• 02173619 : 03/17/89 08:54 $12.00 1/004 F 0030 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO t'1R2173614 DEED IN LIEU OF FORECLOSURE/DEBTORS' QUITCLAIM DEED , 5toie DDo"cum torjry Fee - KNOW ALL PERSONS BY THESE PRESENTS: Dote!//�IGLyi CI�/ - ...... , THAT the undersigned, Leland Wayne Carlson and Betty •Joan Carlson (hereafter "Grantors", whether one or more) , claim an interest in, ,and.'legal ti le to certain, reaL property, ,described to Exhibit "A" attached hereto and incorporated by reference, which is secured to Farm Credit Bank of Wichita f/k/a The Federal Land Bank of Wichita (hereinafter "FLB" or "Grantee") under that certain First Farm and Ranch Mortgage dated, February...4, . 1980, and recorded April .,2,. 1980, in"Book;899„ at Receptlot No.. 1821230, securIng Loan No; 7908099-0-585 Orin therecordsyof Weld:County, Colorado, securing ; . certain loans by FLB to Grantors; ;and WHEREAS, the Grantors filed a Petition for relief under Chapter D.F. 22.8012 of the Bankruptcy Code on February 10, 1988, under Case No. 88 B 0180S :A of the United States District Court for the District of • rolorado' in'<Bankruptcy; and HH MIMEAH, Grantors have reviewed the claims secured by the property arl . forth below; believe there is no equity in the property to a•eess of the claims secured thereby, Including the lien of FLU; mad tlreeter,Aas .,requested confirmation of Grantors ' abandonment and •rrrwr.*ar et the property; and S U*M. pursuant to a Second Amended Plan of Reorganization ; 'cp. if Neor1aaisation" or "Plan") approved by .the Bankruptcy A 5Y•y� e+ Mr ,ornsar 12, 1988, Grantors acknowledged their secured by 144 f4-srip4'.e Matt:ege securing the FLB loan; and eftwas44 r ..* t•in of Reorganization has been duly approved by, if of the Bankruptcy Court pursuant to the provisions , _ . , ., .-7 '',de after notice and opportunity for hearing to tart the purpose of setting up and establishing , . . . , .tuts 's and responsibilities of the parties as more . - t r•, • tn therein ; and .. 's' ' . .ntnrt desire and have agreed to perform pursuant to ♦ •,r Kaaizat ion as made an Order of the Bankruptcy Court , , ,,' pro: i + Ions which will call for Debtors ' delivery of . 4 at •'.••rave in the event of any default under the terms Mortgage or Plan of Reorganization, waiving any and all r , . , k , , . , , t , ! III ,° , claim or interest in the property set forth matt, THEREFORE, for good and valuable consideration , Grantors hrreb, arkr.ovrlcdgr FL,' Loan *790809 9-0-565 0 is In default ; Is .,,tuna by the real property described below; disclaim all further iC B 1227 REC 02173619 03/17/89 08:54 $12.00 2/004 F 0031 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO,. CO f right , title and interest in and to the property conveyed hereunder, including but not limited to any rights of homestead, leaseback, repurchase, redemption, or continued . possession, and do hereby grant ,: convey, transfer and assign ; to FARM CREDIT BANK OF WICHITA f/k/a tHE FEDERAL LAND BANK OF WICHITA, a corporation, whose address is $45 North Waco, :P. O. Box 2940, Wichita, Kansas 67201-2940, its successors and assigns, - ell of'Grantors ' right, title and interest , including bywayi.ot,.desc.ription, and`not, limitation, rights in reversion or abandonment under the Bankruptcy`Code, Title 11 U.S.C. , rights of first- refusal , repurchase, leaseback, restructure, cure, continued possession or redemption in and to all or any part of the sfw following described property located in Weld County, Colorado, /yt i to w:it: • i_� 5 Z:K 4 SKJ_SiR f• The NW1/4 of Section 10, Township 6 North, of Range 66 West of the 8th P.M. , Weld County, Colorado. Together with 4 shares of the capital stock of The Larimer and Weld Irrigation Company; 4 shares of -the capital stock of Windsor Reservoir and Canal. Company; S shares of the capital stock of Lucas Lateral Company, and together with 23 Units from the waters of the Northern Colorado Water " . - Conservancy -District . Notwithstanding anything set forth herein, Grantors are not waiving any rights they may have of first refusal to leaseback or repurchase the property under the Agricultural Credit Act of 1987. TO HAVE AND TO HOLD THE SAME, together with all growing crops, water, water rights , fixtures , equipment and appurtenances, and rights used and obtained or pertaining thereto, as set forth and contained in that certain Mortgage as set forth above in the records of Weld County, Colorado, free and clear of any and all further right , title, interest or claim cf Grantors and free and clear of nil liens or encumbrances . This Deed in Lieu of Foreclosure shall be dated and deemed effective as of the date of execution , notwithstanding its delivery to an escrow agent to hold for release in the event of a default by Grantors under the terms and provisions of the Plan of Reorganization . Grantors acknowledge that this Deed has been tendered after full disclosure of the waivers contained herein and consultation with and upon the advice of Grantors ' counsel , and has been freely and voluntarily given . Debtor:; acknowledge and agree their default under the original loan documents shall , for the purposes of this Deed, be deemed to be a continuing default in light of their waiver , quitclaim and assignment of all further rights in the property, including any r -2- • • B 1227 REC 02173619 03/17/89 08:54 $12.00 3/004 F 0032 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO rights of redemption, first refusal , leaseback, and restructure, as set forth above. Grantors acknowledge that Grantee's acceptance and recordation of this conveyance shall not be deemed a merger or . waiver of Grantee's rights as a mortgagee or beneficiary under any Mortgage, Deed of Trust or other security instrument secured by the property; but is made solely for the purposes of providing a Deed in .Lieuof. Foreclosure to, clear title, transfer possession and avoid, A Ito the=-extent possible,.;additional „costs,;,expenses and delays of judicial or public trustee foreclosure of the Grantee's rights under' the above-described Mortgage. { x Further, Grantee's_acceptance ;of this conveyance,shall not be 4.deemed or, construed a merger or' waiver of-Grantee's right or claims ._ - - under''ttie loan secured by= theforegoipg property to commence or 4 f continue foreclosure or any other proceeding to collect the full amounts due .under Grantee's loan from the property or any other parties that may be liable thereon in the event Grantee deems or feels it necessary for any reason to continue such proceedings to clear title to the property or seek a deficiency claim therein. By their execution of this Agreement , the Grantors hereby acknowledge, stipulate and agree to the voluntary waiver of any rights of redemption, leaseback, restructure under State of Federal law, and any rights as a qualified farm owner-tenant with informed - consent . As a part of this conveyance, effective as of the date psi., hereof, Grantors have specifically waived any rights they have have or claim as a qualified farm-owner/tenant under the provisions of S 13-40-125, inmcluding any further rights to leaseback, right of . first refusal , or going-away crops, and any and all rights under S 13-40-104(2) , S' 13-40-124 , S 13-40-125, or S 13-40-126, C.R.S. , as amended. Further , Grantors specifically waive any rights of restructure under the Agricultural Credit Act of 1987 . For Notices under S 13-40-125 , C.R.S. as amended by S.D. 123 , the parties agree their addresses for Notice purposes shall be: Lclnnd Wayne Carlson The Federal Land Dank of Wichita 15274 W.C.R. 72 c/o Farm Credit Services Greeley, Colorado 80631 127 22nd Street Greeley , Colorado 80631 Betty Joan Carlson 15274 W.C.R. 72 Greeley , Colorao 80631 or such other address as the parties may provide one another from and after the effective date of this Deed, in writing. Grantors hereby acknowledge THEY HAVE THE RIGHT TO REVOKE THE FORGOING WWAIVER ITHIN THREEON W13 )rEN USINESSEDAYSVAFTEREXECUTN AND IONEIVED BYHEREOF. GRANTEE -3- 't r1-,I Fly .:Mi:::;_,r �t ii:?r..:' 4x V..Lr � " ----"'r.lY. w "4% . B 121.7 REC 02173619 03/17/89 08:54 $12.00 4/004 • F 0053 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DATED this 11" day of , 1988 . Le and yne arlson, Grantor getBetty Jo Carlson, Grantor k`_lfihJpxg •f N t 7 ▪ 1 = Y ,a ,L..^... ,,f1-cc, -. STATE OF COLORADO ) t `F ,C. ° .4. 'c: y COUNTY OF.. ,wail) SUBSCRIBED AND SWORN TO before me this t day of , 1988 by Leland Wayne Carlson and Betty Joan Carlson. 1•• 'yKl a,,,., m• o WITNESS my hand and seal . • 2O W�,T o p otar Pub c oi My Commission expires .. . a--1 -`1 . - .. •,, yJ a G.s p' g n�inminiuu�d .` I R1YF:0514B01 2 88033'ZAL840 .4_ ilia r l� � .. re."r+�' t 1 +. -�. ..,h ,� 'tom vy ) t ,.,.L S i _ `4�y i t :. s.GxA4-t >Ac#rr:'u?.r'r •`E.\ t +vsa `: r'"'7 ��Y--"riPx-. _� ~ [�j .a . O' �w"' o.,.. .:t'a by -:'Eros t'> ":' ''£• .y, S p YE , I }4 • 4 f \ e rI V.y r eau w _.sl'`l east .y—kl')_�1� �.]%5 3 we N C _ " aye me - 1 lw AMA r�.. sass* �' DM or DTSTayPTT � Tp7 !• ✓ i THIS DEED is made by Marilyn carlson Shows. and ;alone .aye. .at.aea as .2.-. 1 Representatives of the Estate of tether M. Carlson. Deceaaed, Creator, to I Marilyn Carlson Shoos*, Charles Wendell Carlson, and William A. Carlson, Raetees, a. _,.0 reside in Eaton, Colorado; o • p1. • WHEREAS, the above-named Decedent in her itfetihe made and e:ecnted her Last ) C) `o Will and Testament dated April 21, 1971 which Will was duly adattted te lateens% prelate - zr on February 10, 1976 by the District Court in and for the Cooney of Weld and State et a Colorado, Probate No. 12651; v c W y3 WHEREAS, Grantors ware duly appointed Personal Repneaatativea at said Rotate. • wan o' on.February 10, 1976 and they are now qualified and acting in that capacity; awl m '• ' ea+a r WHEREAS, the Decedent's Will specifically devised the Masts' interest berth--: a- 4,. •C •- after described.to the Grantees named above and the Craitecs ate aaa:herined te sits yak. „• _ O 1j-' and deliver this deed 1n order to carry out that specific devise, without the need ef .'.a a Court Order; o .. NOW, THEREFORE, pursuant to the authority and WANT'which they pesaees as rr Personal Representatives of the Estate of Esther M. Carlson, Deceased, the Creators heresy y• y „"'., sell, convey, assign, and transfer to the Creates, as tenants In tames, all et the , oblate' y reserved oel interest which the Decedent owned at the time of her death is awe to 'l all oil, gas and other minerals on or under the Northwest (1M14) of Pectic* Tee (10) we Township Si: (6) North, Range Sixty-Si: (66) West of the Sixth f6th) Principal Metidtaa Weld County, Colorado, with all appurtenances thereto. EXECUTED June /0, 1976.• T o7a E taaat//e of. emit M. ar see ..Mw::j• • -- and Dst bIC aer N. Cd web, eat ' o[ the nee I a r: C. STATE OF COLORADO 1 e c - ) sae e.:- amity OF WELD ) - The foregoing inetruaenr was 'acknowledged before we` this •/Cu_dap of Juno. Orison . '_ 1976 by Marilyn Orison Shouae and Leland Wayne Carlson, Per.nnal Repreeretativvs of . : :i the Estate of Limner H. Carlson. Deceased. ld .r `et. WITNESS my hand and official meal. ` • 'w•"J. 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M.trlel. !1M a.['N gala CSeOtiaZ +. j eb all asd gas lasso et ree or tcoor/ds sebjeat a ..earsta �to 1 rights .t von :-' • Ras li•.la..a.��ir pale h ode as wale.iii--sr i s of its a tau { sees r.a ta•tan at a.bin.rase.le as ai.Y..mobs a al moon a.s.s III :: ----- ; brill ribbee,i Y.es ass nap.sat a.so"my rears—ear..- ,. ' waeaan AND aeawlo NORM, a wsrrar waaaor.•..a•"9' r is BM scare .war r lee v .. is Strand>-Me Own wYs a Ow* 4 t4. 7 Cam.✓ ,Ow* ..i•w a.bar r. tea,l be..Deew.�..n'.w r N. srlas f£y.rl - , $ t. ng.__ .. ..-... a "D4 b b..wa.bwa..s....i..bad l.s..a sr JON **A ! � : carat is 7i. Esther N. Carlson • 41 ,�pTARS• •' ' • '• 4-s-..1.,.n \ '• caw•ass r Oils see sec__-- Swans! .�, U,.L .' • Rtb�bV Y. l�sa 13.Mi. .. q i ilea.Net. WafASTT S-Ts Min Tam*••• e 1 r • (^` a .-. V i.....l Hello