The URL can be used to link to this page

Browse Search

Home My WebLink About20240893.tiff4665072 12/28/2020 08:11 AM Total Pages: 1 Rec Fee: $13.00 Doc Fee: $148.50 Carly Koppes - Clerk and Recorder, Weld County, CO RETURN RECORDED DOCUMENT TO: PDC Energy, Inc., a Delaware corporation 1775 Sherman Street, Suite 3000, Denver, CO 80203 SPECIAL WARRANTY DEED Document Fee: $148.50 THIS SPECIAL WARRANTY DEED, dated 23rd clay of December, 2020, is made between Donald Sack ("Grantor"), of the County of Weld and the State of Colorado. AND PDC Energy, Inc., a Delaware corporation ("Grantee"), duly organized and existing under the laws of the State of Delaware, whose legal address is 1775 Sherman Street, Suite 3000, Denver, CO 80203. WITNESS, that the Grantor(s), for and in consideration of ONE MILLION FOUR HUNDRED EIGHTY FIVE THOUSAND AND 00/100 DOLLARS ($1,485,000.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, and convey unto the Grantee, IN SEVERALTY and the heirs, successors and assigns of the Grantee forever, all the real property, together with fixtures and improvements located thereon, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot D of Recorded Exemption No. 1211-03-02 RECXIZ-0003, recorded April 19, 2013 at Reception No. 3925982, being a part of the South 1/2 of Secton 3, Township 3 North, Range 66 West of the 6th P.M, County of Weld, State of Colorado. Affidavit of Correction recorded August 28, 2013 at Reception No. 39S9730. TOGETHER WITH ANY AND ALL WATER RIGHTS ALSO KNOWN AS: Vacant Land, Platteville, CO 80651 TOGETHER WITH, all and singular the hereditaments and appurtenances thereunto 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, and the heirs, successors and assigns of the Grantee forever. The Grantor, for the Grantor and the heirs, successors and assigns of the Grantor, warrants title to the same against all persons claiming by, through or under the Grantor, subject to the Statutory Exceptions EXECUTED AND DELIVERED by Grantor on the date first set forth above. ,rze/cser,,,- =Donald Sack State of : Colorado County Of Weld The foregoing instrument was subscribed, sworn to, and acknowledged before me thisDecember 23, 2020, by Donald Sack My Commission expires: ERA Witness my hand and official seal. PATRICIA MAD ERA PUBLIC STATE OF COLORADO NOTARY ID 20164044460MY otary Public ISSb0?V EXPAfaS NCV9IBER 1C\ �� **If tenancy is unspecified, the legal presumption shall be tenants in common (C.R.S. 38-31-101) Special Warranty Deed 1991IUTG Fidelity National Title ( 0 NATIONAL COMMERCIAL SERVICES 1401 17th St, #480 Denver, CO 80202 Phone: (303) 942-2200 DATE: September 13, 2023 FILE NUMBER: 100-N0034902-030-8SB, Amendment No. 1 PROPERTY ADDRESS: Vacant Land, Greeley, CO BUYER/BORROWER: Purchaser with contractual rights under a Purchase Agreement with the vested owner identified at Item 4 below OWNER(S): PDC Energy, Inc., a Delaware corporation YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: R8972038 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: None. WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. TO: Escrow Officer Escrow Assistant Title Officer Sales Executive ATTN: PHONE: FAX: E-MAIL: ATTN: PHONE: E-MAIL: ATTN: PHONE: E-MAIL: ATTN: E-MAIL: Sonya Bailey (303) 889-8081 (303) 628-1671 sonya.bailey@fnf.com Eric Stearns (303) 692-6778 estearns@fnf.com John Ellis jfellis@fnf.com TO: SunShare, LLC 1724 Gilpin St. 8055 E. Tufts Avenue, Suite 90 Denver, CO 80218 ATTN: PHONE: FAX: E-MAIL: Sarah Massara (000) 000-0000 (000) 000-0000 smassara@mysunshare.com TO: Fidelity National Title, NCS 1401 17th St. Suite 480 Denver, CO 80202 ATTN: PHONE: FAX: E-MAIL: Sonya Bailey (000) 000-0000 (000) 000-0000 Sonya.Bailey@fnf.com TO: National Commercial Services Downtown 1401 17th St #480 Denver, CO 80202 ATTN: PHONE: FAX: E-MAIL: Sonya Bailey (303) 942-2200 (303) 628-1671 sonya.bailey@fnf.com END OF TRANSMITTAL Fidelity National Title Insurance Company COMMITMENT FOR TITLE INSURANCE Issued by Fidelity National Title Insurance Company NOTICE IMPORTANT —READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRA CONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the Commitment Conditions, Fidelity National Title Insurance Company, a Florida Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I —Requirements have not been met within 180 Days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Countersigned By: John Miller Authorized Signature Fidelity National Title Insurance Company \k ch,tel J. No]:ni President 715arjoric Ncmzura Secretary This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165B Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AML RICAN LAND TITLE A`SOC1,t1,.N Order No. N0034902-030-8SB-ES COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I —Requirements; (f) Schedule B, Part II —Exceptions; and (g) a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I —Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165B Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I —Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165B Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES Transaction Identification Issuing Agent: Issuing Office: Loan ID Number: Issuing Office File Number: Property Address: Revision Number: Data for reference only: Fidelity National Title, National Commercial Services 8055 E Tufts Ave, Suite 900, Denver, CO 80237 100-N0034902-030-8SB, Amendment No. 1 Vacant Land, Greeley, CO Amendment No. 1, Amendment Date: August 23, 2023 SCHEDULE A AMERICAN LAND TITLE ASSOCIATION COMMITMENT 1. Commitment Date: August 16, 2023 2. Policy to be issued: (a) ALTA Owners Policy 6-17-06 Proposed Insured: Purchaser with contractual vested owner identified at Item 4 below rights under a Purchase Agreement with the Proposed Policy Amount: $100,000.00 (b) None Proposed Insured: Proposed Policy Amount: $0.00 (c) None Proposed Insured: Proposed Policy Amount: $0.00 3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4. The Title is, at the Commitment Date, vested in: PDC Energy, Inc., a Delaware corporation 5. The Land is described as follows: See Exhibit A attached hereto and made a part hereof. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE A (Continued) PREMIUMS: Owners Policy Deletions of 1-4 upon requirements met and provided there is no recent, ongoing or anticipated construction on the land ALTA 39-06 - Policy Authentication Tax Certificate 445.00 75.00 0.00 18.00 This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES EXHIBIT A LEGAL DESCRIPTION Lot D of Recorded Exemption No. 1211-03-02 RECX12-0003, recorded April 19, 2013 at Reception No. 3925982, being a part of the South 1/2 of Section 3, Township 3 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. Affidavit of Correction recorded August 28, 2013 at Reception No. 3959730, EXCEPT that portion conveyed in Quit Claim Deed recorded April 20, 2021 at Reception No. 4706422. For Informational Purposes: Tax ID No.: R08972038 This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE B PART I - REQUIREMENTS All of the following Requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. Note: Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancsery or other approved third -party service. If the above requirement cannot be met, please call the Company at the number provided in this report. d. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: PDC Energy, Inc., a Delaware corporation a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or By-laws require approval by a `parent' organization, a copy of the Articles and By-laws of the parent d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e) Recordation of a Statement of Authority The Company reserves the right to add additional items or make further requirements after review of the requested documentation. e. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. f. Satisfactory evidence must be furnished from the secretary or other duly qualified officer of the Association showing that all assessments and fees, including special assessments or payments due to others, such as master associations, are paid in full through the date of closing. g. The Company will require that an Owner's Affidavit be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): PDC Energy, Inc., a Delaware corporation The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE B PART I — Requirements (Continued) h. The Company will require a survey of the subject Land, which is in compliance with minimum technical standards, prepared by a duly registered and licensed surveyor. If the owner of the Land the subject of this transaction is in possession of a survey, the Company will require that said survey be submitted for review and approval; otherwise, a new survey, satisfactory to the Company, must be submitted to the Company for examination. In order to prevent delays, please furnish the survey at least 10 days prior to the close of this transaction. If an existing survey is to be relied upon, an affidavit from the seller(s)/mortgagor(s) must be furnished to the Company stating that no improvements have been made on the Land the subject of this transaction or adjacent thereto subsequent to the survey presented to the Company. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. For each policy to be issued as identified in Schedule A, Item 2; the Company shall not be liable under this commitment until it receives a designation for a Proposed Insured, acceptable to the Company. The Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. Note: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. END OF REQUIREMENTS This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE B PART II - EXCEPTIONS THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any facts, rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore 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 hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. NOTE: The above exception will not appear on policies where closing and settlement has been performed by the Company. 6. Water rights, claims of title to water, whether or not these matters are shown by the Public Records. 7. All taxes and assessments, now or heretofore assessed, due or payable. NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes. 8. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 9. Right of Way and rights incidental thereto for County Roads 30 feet on either side of Section and Township lines as established by the Board of County Commissioners for Weld County, as set forth in a document: Recording Date: October 14, 1889 Recording No: Book 86 at Page 273 This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE B PART II — Exceptions (Continued) 10. Reservation of all coal that may be underneath the surface of the Land and the exclusive right to prospect and mine for same, also such right of way and other grounds as may be necessary for proper working of any coal mines that may be developed upon the Land, and for transportation of the coal from same, as contained in Deed as set forth below: Recording Date: July 2, 1906 Recording No.: Book 233 at Page 48 Note: Quitclaim Deed in connection therewith recorded April 14, 1971 at Reception No. 1565712. Note: Release and Quitclaim Deed in connection therewith recorded December 17, 1998 at Reception No. 2661201. Note: Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2955190. 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Colorado Central Power Company Right -of -Way May 13, 1946 Book 1178 at Page 546 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Colorado Interstate Gas Company Right -of -Way July 11, 1955 Book 1424 at Page 39 13. Undivided 1/2 interest in and to all oil, gas and other minerals as reserved in Deed recorded August 1, 1968 under Reception No. 1519317 and any and all assignments thereof or interests therein 14. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: August 14, 1970 Recording No: Reception No. 1553082 Note: Extension of Lease as evidenced by Affidavit of Production and Extension of Leases recorded February 26, 2002 at Reception No. 2928334. Note: Memorandum of Agreement recorded November 16, 2017 at Reception No. 4352971. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE B PART II — Exceptions (Continued) Note: Wellbore Specific Declaration of Pooling recorded September 9, 2020 at Reception No. 4628110 and Reception No. 4628118. Note: Operating Agreement and Financing Statement recorded June 23, 2021 at Reception No. 4728787. 15. Terms, conditions, provisions, agreements and obligations contained in the Surface owners Agreement as set forth below: Recording Date: June 23, 1971 Recording No.: Reception No. 1570250 16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Panhandle Eastern Pipeline Company Right -of -Way December 11, 1973 Reception No. 1626331 17. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Panhandle Eastern Pipeline Company Right -of -Way August 6, 1974 Reception No. 1642116 18. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Colorado Interstate Gas Co Right -of -Way January 6, 1978 Reception No. 1740798 19. The following Notices Concerning Underground Facilities have been filed with the Weld County Clerk and Recorder. These statements are general and do not necessarily give Notice of Underground Facilities within the Land: Panhandle Eastern Pipeline Company as recorded June 26, 1986 at Reception No. 2058722 United Power, Inc., as recorded January 24, 1991 at Reception No. 2239296 Consent for United Power, Inc., a/k/a Union Rural Electric Association, Inc., a Colorado cooperative association recorded December 25, 2020 at Reception No. 4660978 20. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Associates Natural Gas Inc. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE B PART II — Exceptions (Continued) Purpose: Recording Date: Recording No: Right -of -Way February 28, 1991 Reception No. 2242568 21. Terms, conditions, provisions, agreements and obligations contained in the Valve Site Contract as set forth below: Recording Date: Recording No.: January 3, 1992 Reception No. 2274016 22. Terms, conditions, provisions, agreements and obligations contained in the Surface Owners Agreement as set forth below: Recording Date: Recording No.: February 5, 1992 Reception No. 2277254 23. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Associated Natural Gas Inc. Right -of -Way June 22, 1992 Reception No. 2292630 Recording Date: September 11, 1992 Recording No: Reception No. 2303251 24. Terms, conditions, provisions, agreements, easements and obligations contained in the Easement and Surface Use Agreement as set forth below: Recording Date: July 29, 1992 Recording No.: Reception No. 2297698 25. Terms, conditions, provisions, agreements, easements and obligations contained in the Right of Way Agreement as set forth below: Recording Date: March 5, 1993 Recording No.: Reception No. 2324168 Assignment thereof: Recording Date: February 11, 1994 Recording No.: Reception No. 2373454 Assignment of Easements, Rights -of -Way and Surface Leases: Recording Date: September 29, 1995 This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE B PART II — Exceptions (Continued) Recording No.: Reception No. 2457614 26. Minerals rights as conveyed by Mineral Deed recorded October 28, 1993 at Reception No. 2357116, and any and all assignments thereof or interests therein. 27. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Resource Gathering Systems Inc. Right of Way June 30, 1995 Reception No. 2444887 28. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Resource Gathering Systems Inc. Purpose: Right of Way Recording Date: June 30, 1995 Recording No: Reception No. 2444888 29. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Duke Energy Field Services Inc. Purpose: Right of Way Recording Date: August 28, 1998 Recording No: Reception No. 2636419 30. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: HS Gathering LLC Purpose: Right of Way Recording Date: July 27, 2001 Recording No: Reception No. 2869597 31. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Colorado Interstate Gas Co Purpose: Right of Way Recording Date: November 26, 2001 Recording No: Reception No. 2903147 32. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Duke Energy Field Services LP Right of Way December 18, 2001 Reception No. 2909758 This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE B PART II — Exceptions (Continued) 33. Terms, conditions, provisions, agreements and obligations contained in the Request for Notification of Surface Development as set forth below: Recording Date: October 15, 2007 Recording No.: Reception No. 3511023 34. Terms, conditions, provisions, agreements and obligations contained in the Request for Notification (Mineral Estate Owner) as set forth below: Recording Date: December 21, 2007 Recording No.: Reception No. 3525268 35. Any taxes or assessments by reason of the inclusion of the Land in the Northern Colorado Water Conservancy District, as evidenced by instrument as set forth below: Recording Date: September 29, 2010 Recording No.: Reception No. 3721790 36. Mineral rights as conveyed by the following instruments, and any and all assignments thereof or interests therein, as set forth below: Recording Date: January 17, 2011 Recording No.: Reception No. 3745166 Recording Date: February 11, 2014 Recording No.: Reception No. 3995591 and Reception No. 3995592 and Reception No. 3995593 Recording Date: December 21, 2015 Recording No.: Reception No. 4167007 37. General Notes and Easements as set forth on the Recorded Exemption No. 1211-03-02 RECX12-0003 recorded April 19, 2013, Reception No. 3925982 Affidavit of Correction Recording Date: August 28, 2013 Recording No.: Reception No. 3959730 38. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Kerr-McGee Gathering LLC Right of Way Grant May 8, 2014 Reception No. 4014860 This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE B PART II — Exceptions (Continued) 39. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Solar Energy System Ground Lease and Easement Agreement as set forth below: Recording Date: November 15, 2016 Recording No.: Reception No. 4253505 This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE B PART II — Exceptions (Continued) 40. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Surface Use Agreement as set forth below: Recording Date: March 1, 2018 Recording No.: Reception No. 4378745 Memorandum of First Amendment to Surface Use Agreement as set forth below: Recording Date: March 1, 2018 Recording No.: Reception No. 4416720 Memorandum of Second Amendment to Surface Use Agreement as set forth below: Recording Date: November 25, 2019 Recording No.: Reception No. 4544290 41. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Kerr-McGee Gathering LLC Right of Way April 27, 2018 Reception No. 4394136 Assignment of Easement: Recording Date: November 8, 2018 Recording No.: Reception No. 4444867 42. Terms, conditions, provisions, agreements and obligations contained in the Road Maintenance Agreement According to Requirements During the Construction Period Kerr-McGee Gathering, LLC — USR18-0094 as set forth below: Recording Date: April 19, 2019 Recording No.: Reception No. 4482390 Use By Special Review — USR18-0094 Map: Recording Date: November 4, 2020 Recording No.: Reception No. 4647899 43. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Crude Oil Purchase and Sale Agreement as set forth below: Recording Date: September 1, 2020 Recording No.: Reception No. 4625353 This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES SCHEDULE B PART II — Exceptions (Continued) 44. Terms, conditions, provisions, agreements and obligations contained in the Short Form of Solar Energy Lease Agreement by and between PDC Energy, Inc., Landlord, and CO Land Acquisitions LLC, a Colorado limited liability company, Tenant, as set forth below: Recording Date: August 3, 2021 Recording No.: Reception No. 4742296 Short Form of First Amendment to Solar Energy Lease Agreement as recorded July 13, 2023 at Reception No. 4908905. 45. Terms, conditions, provisions, agreements and obligations contained in the Road Maintenance Improvements Agreement as set forth below: Recording Date: April 17, 2023 Recording No.: Reception No. 4892798. END OF EXCEPTIONS This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. N0034902-030-8SB-ES DISCLOSURE STATEMENT • Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 8-1-2 (Section 5), if the parties to the subject transaction request us to provide escrow -settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that Fidelity National Title, National Commercial Services conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • Colorado Division of Insurance Regulation 8-1-2, Paragraph M of Section 5, requires that prospective insured(s) of a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. • Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f. of Section 5 - requires a title insurance company to make the following notice to the consumer: "A closing protection letter is available to be issued to lenders, buyers and sellers." • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file a document that does not conform to requirements of this paragraph. • Section 38-35-109 (2) of the Colorado Revised Statutes, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 of the Colorado Revised Statutes, the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. • Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: that there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate may include the right to enter and use the property without the surface owner's permission. Order No. N0034902-030-8SB-ES Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. '1'IRE SAFE. Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Page 1 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third -party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 1 Order No. N0034902-030-8SB-ES • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good -faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 2 Order No. N0034902-030-8SB-ES Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt -out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 714-2710 or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 3 Order No. N0034902-030-8SB-ES JAN -16-2004 FRI 01:11 PM KERR-McGEE FAX NO. 303 296 9523 P, 06/09 AFR27725a B 132+ 'C 02277254 02/05/92 09:2 1/004 F 0646 .CRY ANN FEUERSTEIN cum 6 ItECORDLL, WELD CO, Co 1111$101,'ICHN SURFACI3 OWNER'S AGREEMENT Duplicate Original UPRC Copy THIS AGREEMENT, made and entered into this 49tev day of 'LW -C.' 60 , 191, by and between MILE HIGH TURKEY HATCHERY, INC., a Colorado corporation (hereinafter for convenience called the "Landowner") and UNION PACIFIC RESOURCES COMPANY (hereinafter for convenience called "UPRC"); • TNESS1,TH; RECITALS: Landowner is the owner of the following -described premises, hereinafter referred to as "described premises": J,021 66 West Section 3: Part of the S/2 described as follows: Beginning at the Southeast corner of Section 3, thence due North 2062.5 feet; thence due West 5280 feet; thence due South 2062.50 feel; thence due East 5280 feet to the place of beginning, Weld County, Colorado SUBJECT, however, to exceptions and reservations of minerals and rights of entry and of surface use contained in a certain deed or deeds of conveyance, as follows: Warranty Deed No. 1598 dated Tune 14, 1906 from the Union Pacific Railroad Company to James F, Dawson, recorded July 2, 1906 in Book 233 at Page 48 in the office of the County Clerk and Recorder of Weld County, Colorado. UPRC is successor in interest to all the right, title and interest of Union Pacific Railroad Company in and to the oil, gas and associated liquid hydrocarbons in said premises for a term or period equal to or exceeding the term of this Surface Owner's Agreement. UPRC proposes for UPRC or its agents, lessees, licensees, successors or assigns to prospect upon and explore the described premises for the development and production of oil, gas and associated liquid hydrocarbon substances either on UPRC's behalf or under or pursuant to an oil and gas lease or license, or under or pursuant to a "unitization agreement", meaning here and wherever that term is used herein any operating agreement, or any other agreement covering the exploration or development for or the production of oil, gas or associated liquid hydroeathr ns, or any pooling, communitization, unit or other agreement whereby the described premises ...ay be included with other lands in proximity thereto as a unit area under a plan of unit or joint exploration, development and operation. Besides confirming the surface uses expressly set forth below, this agreement is intended to avoid and resolve any and all disputes of whatever nature in connection with the ownership of oil, gas and associated liquid hydrocarbon substances in the described premises, including rights to extract, remove or market such minerals, and including any such dispute that may arise hereafter, whether or not the basis for such dispute is now known or has been identified in disputes involving exceptions and reservations of minerals in other deeds from Union Pacific Railroad Company or its predecessors. AGREEMENT: NOW, THEREFORE, it Is agreed as follows: Section 1. In consideration of the mutual benefits and or the sum of Ten Dollars ($10,00) paid by UPRC to Landowner, receipt whereof is hereby acknowledged, Landowner hereby confirms, extends and grants to UPRC, its agents, lessees, licensed', successors and JAN -16-2004 FRI 0111 PM KERB-McGEE FAX NO. 303 296 9523 • a 1Ju1177:�3 uJ/u5!u:29 4u.uu 2/uo4 F G647 MARY N PEUERSTEYN CLERK b RECORDER WI CO, CO P. 07/09 assigns, including any operator or unit operator from time to time in charge of operations under a unitization agreement, and their respective successors and assigns, the easements and rights to enter upon the described premises and any lands adjacent or Contiguous thereto owned or claimed by the Landowner and to extract, remove, store, transport, and market for its or their account oil, gas and associated liquid hydrocarbon substances in or from said described premises, and to drill, construct, maintain and use upon, within, and over said described premises all oil wells, gas wells, derricks, machinery, tanks, drips, boilers, engines, pipelines, power and telephone lines, roadways, water wells, and, without limitation by reason of the foregoing enumeration, any and all other structures, equipment, fixtures, appurtenances, or facilities (all of the above being included under the term "facilities") necessary or convenient in prospecting and developing for, producing, storing, transporting, and marketing ciiI, gas and associated liquid hydrocarbon substances under or produced from any portion of the described premises or under or produced from any portion of the unit area created under a unitization agreement, together with the right to remove said facilities and the right to use such water as may be needed from the described premises, not including water from Landowner's wells. Section 2. UPRC agrees, so long as it is receiving oil and/or gas production from or oil and/or gas royalties upon production from the described premises or allocated thereto under the provisions of a unitization agreement, to pay or cause to be paid to the Landowner in cash the value (which shall never be greater than the amount realized by UPRC from the sale of such production) on the premises of two and one-half percent (2-I/2%) of all the oil and gas and associated liquid hydrocarbons hereafter produced, saved, and marketed therefrom or allocated thereto as aforesaid, except oil and gas and associated liquid hydrocarbons used in operations on the premises or used under the unitization agreement, and except that as to casinghead gasoline and other products manufactured from gas there shall be deducted the cost of manufacture; provided. however, that during any time the described premises or any portion thereof are included within the boundaries of a participating, pooled, or communitized area, and there is no provision for the payment of royalties to UPRC but it participates in the production from the pooled, communitized, or unit area as a working interest owwer, then the two and one- half percent (24/2%) above set forth shall be applied to that percentage of the total production from such area which is ,allocated to the described premises. Any payment made to the Landowner pursuant to this Section 2 for production which is sold or which is used off the premises shall be calculated after deducting all taxes, now or hereafter levied against, paid on, or measured by production or the value thereof, and after deducting all costs incurred or borne by UPRC for treating the production to make it merchantable, and for gathering, transporting and compressing the production prior to delivery to the purchaser at the point of sale or use, When production of oil from lands under several surface ownerships is commingled in one central tank setting for practical operating reasons, periodic individual well tests may be made to compute the quantities of commingled oil properly allocable to each well, and the two and one-half percent (2-1/2%) payment provided herein shall be payable upon the quantities apportioned to each well as reported to UPRC in full satisfaction of the obligations of UPRC under this Section 2. Section 3. Nothing herein contained shall be construed as a covenant to drill by U. —C, its agents, lessees, licensees, successors, or assigns, or by any operator or unit operator, or as a grant to Landowner of oil or gas rights or rights in other associated liquid hydrocarbons, Section 4. UPRC, its agents, lessees, licensees, successors and assigns, including the operator or unit operator under a unitization agreement, shall be required; (a) to pay for all damage to Landowner's lands, buildings, and growing crops caused by the erection or construction of facilities to be used in connection with oil or gas or associated liquid hydrocarbon operations; (b) to bury all pipelines below plow depth where such lines cross cultivated land; and (c) to construct gates or, at its option, install cattle guards where necessary for crossing fenced land in Connection with exploration, development, or producing operations and, where an election has been made to construct gates in lieu of cattle guards, to keep such gates in repair and closed. In no event shall the amount or damages exceed the value (as determined by the use of the land al the time the damages are sustained) of that portion of the landowner's lands actually used by UPRC, its agents, lessees, licensees, successors or assigns, for the location of Its facilities, The fact that damages have not been agreed upon shall in no way delay, restrict, impair or diminish the right of UPRC, its agents, lessees, licensees, 70384 - 2 - JAN -16-2004 FRI 01:12 PM KERR-McGEE FAX NO, 303 296 9523 r' uu4b MARY ANN FEOERNTEIN CLERK & RECORDER s D CO, C[? P. 08/09 successors and assigns to commence or conduct oil and gas operations on the described premises. Section S. Other than the payments to be made as aforesaid, the Landowner shall nut be entitled to any other or additional payments as a result of the conduct of the operations described in Section 1 hereof, and landowner will claim no right, title or interest in or to the oil, gas and associated liquid hydrocarbon substances in the described premises, Section 6. Subject to the provisions of Section 8 hereof, it is agreed that the covenants to pay the sums provided in Sections 2 and 4 hereof shall be covenants running with the surface ownership of the described premises and shall not be held or transferred separately therefrom, and any sums payable under this agreement shall be paid to the person or persons owning the surface of the described premises as of the date the oil or gas or associated liquid hydrocarbon production is marketed. UPRC shall not, however, become obligated to make such payments to any subsequent purchaser of the described premises and shall continue to make such payments to the landowner until the first day of the month following the receipt by UPRC of notice of change of ownership, consisting of the original or certified copies of the instrument or instruments constituting a complete chain of title from the Landowner to the party claiming such ownership, and then only as to payments thereafter made. Section 7. The easements, rights, and uses herein shall be binding upon the described premises and each and every part thereof, and the present and future owners thereof, and shall continue for the benefit of UPRC and its successors and assigns, as owners of the oil and/or gas and/or associated liquid hydrocarbon rights in the described premises and each and every pan thereof, and their agents, lessees, licensees, successors, and assigns, including any operator or unit operator, and for the benefit of other lands within any unit area within which the described premises, or any portion thereof may be included, and each and every pan t►.ercof. Section 8. This agreement shall be in full force and effect from and after execution and delivery and shall continue in full force and effect for a period of one (1) year and so long thereafter as the oil and gas rights in the described premises are committed to an oil and gas lease or license or to a unitization agreement, or so long as a well capable of producing oil or gas or associated liquid hydrocarbons is located upon the described premises, or drilling or reworking operations are being conducted thereon, and, upon termination of such lease, license, or unitization agreement, or upon abandonment of such well, or upon cessation of such drilling or reworking operations, whichever last occurs, this agreement shall terminate: provided, however, that such termination shall neither affect nor terminate the rights, expressed or implied, in the deed or deeds referred to in the Recitals hereof. Section 9. Subject to the provisions of Sections 6 and 8 hereof, this agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the panics hereto have executed this agreement as of the day and year first above written. ATTEST: _.:1' /,4" -. -• Secretary UNION PACIFIC RESOURCES COMPANY 'rlrt. SOUTH nOWEN COMPANY FoXNI:kLY MILE 111GFl TURKEY HATCHERX, INC. ,yyyg'y--a.• President na-u537t17fr . Tax Identification Number 7O384 - 3 . JAN -16-2004 FRI 01:12 P11 KERR-I1cGEE FAX NO. 303 296 9523 8 1325 ttEC 02277254 02/45/92 09:29 $20.00 4/004 I' 0649 NARY ANN FEUERSTEIN CLERK a RECORDER WELT) CO, CO City 8e County of Denver The fore mg in meaty{as acknowledged before me this ay of ' 44,114:1Z;' 1991, by r,71;1— [ICJ , as President of MILE HIGH TURKEY HATCHERY, INC., a Colorado corporation, on behalf of the co tion. Notary Public My Cgmnmis,,sion Expires: • fl State of Texas ss. County of Tarrant ) !I.5.93 The foregoing instrument was acknowledged before me this 4Jt., day of 1PF 1991, by Calgt.r3 R. T:0-i4e4.as an Attorney -in -Face. of UNION PACIFIC RESOURCES COMPANY, a Delaware corporation, on behalf of the corporation. =NM K MO0AVEX STATE OF WM Mr Cambial Was P. 09/09 Hello