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Home My WebLink About20242807.tiffAPPENDIX U ALTA Commitment SCHEDULE A [Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issued By: Stewart Title Guaranty Company P.O. Box 2029, Houston, TX 77252 Commitment Number: 22000330597-01 Revision Number: Agreement Number:] 1. Commitment Date: March 9, 2023, at 8:00 a.m. 2. Policy to be issued: a. 2021 ALTA° Owner's Policy Proposed Insured: Taelor Solar 1, LLC, a Delaware limited liability company Proposed Amount of Insurance: $1,000.00 The estate or interest to be insured: To Be Determined 3. The estate or interest in the Land at the Commitment Date is: A Leasehold Estate, as to Parcels A — K and M - P, and an Easement, as to Parcel L 4. The Fee Simple Title is, at the Commitment Date, vested in: Magnum Feedyard Co. LLC, a Colorado limited liability company 5. The Land is described as follows: SEE ATTACHED SCHEDULE A - EXHIBIT A Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE SCHEDULE A - EXHIBIT A A leasehold estate as created by that certain Solar Energy Option to Lease and Lease Agreement executed by Magnum Feedyard Co. LLC, a Colorado limited liability company, Landowner, and Balanced Rock Power Development, LLC, a Delaware limited liability company, Lessee, dated October 20, 2021, recorded December 1, 2021 as Reception No. 4781022 in Public Records of Weld County, Colorado and December 2, 2021 as Reception No. 937106 in Public Records of Morgan County, Colorado, as assigned to Taelor Solar 1, LLC, a Delaware limited liability company, in Assignment and Assumption Agreement, dated January 31, 2003, recorded as Reception No. in Public Records of Weld County, Colorado and January 31, 2023 as Reception No. 944813, in Public Records of Morgan County, Colorado, as to Parcels A -K and M -O, described as follows: Parcel A: Parcel ID No.: 129903000006 (West 1/2) and 129903000005 (East 1/2) All of Section 3, Township 2 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado. Parcel B: Parcel ID No.: 129911000006 The S % and the SW' of the NW' of Section 11, Township 2 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado; EXCEPT those parcels conveyed by Deeds recorded July 8, 1971 at Reception No. 1571167 and recorded October 9, 1995 at Reception No. 2458725, Weld County Records. Parcel C: Parcel ID No.: 129914000012 The NW' of the NW'/ of Section 14, Township 2 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado. Parcel D: Parcel ID No.: 122132000006 The S % of the SE' and the SE'/ of the SW' of Section 32, Township 3 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado. Parcel E: Parcel ID No.: 122133000002 All of Section 33, Township 3 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado; EXCEPT that portion located within the right of way of the Chicago, Burlington & Quincy Railroad Company. Parcel F: Parcel ID No.: 122134000004 (All EXCEPT NW 1/4 of SE 1/4( and 122134000003 (NW 1/4 of SE 1/4) All of Section 34, Township 3 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado; EXCEPT that portion located within the right of way of the Chicago, Burlington & Quincy Railroad Company. Parcel G: Parcel ID No.: 129910200006 (West 1/2( and 129910100005 (East 1/2) Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE All of Section 10, Township 2 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado; EXCEPTING therefrom the following described tract of land: Commencing at the Southeast corner of said Section 10, from which the Southwest corner of said Section 10 bears North 89°49'12" West; Thence North 89°49'12" West, 1401.13 feet along the South line of said Section 10 to the True Point of Beginning; Thence Thence Thence Thence Thence Thence Thence Section Thence North 01°09'23" East, 789.16 feet; North 14°23'09" West, 711.74 feet; North 09°52'13" East, 966.99 feet; North 03°41'55" West, 205.97 feet; South 66°34'44" West, 1409.00 feet; North 68°58'09" West, 2760.75 feet to the West line South 00°18'15" West, 3055.14 feet along the West 10; South 89°49'12" East, 3894.35 feet along the South of said Section 10; line of said Section 10 to the Southwest corner of said line of said Section 10 to the True Point of Beginning. Parcel H: Parcel ID No.: 129915100002 (Portion except NE 1/4 of NE 1/4) and 129915000009 (NE 1/4 of NE 1/4) A tract of land located in the N %/2 of the NE % of Section 15, Township 2 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Beginning at the Northeast corner of said Section 15, from which the Northwest corner of said Section 15 bears North 89°49'12" West; Thence North 89°49'12" West, 1401.13 feet along the North line of said Section 15; Thence South 01°04'35" West, 1312.84 feet to the South line of the N 1/2 of the NE'/ of said Section 15; Thence North 89°59'56" East, 1429.06 feet along the South line of the N 1/2 of the NE 1% of said Section 15 to the Southeast corner of the N 1/2 of the NE '/ of said Section 15; Thence North 00°08'37" West, 1308.24 feet along the East line of the N 1/2 of the NE % of said Section 15 to the Northeast corner of said Section 15 and the True Point of Beginning. Parcel I: Parcel ID No.: 129902000001 All of Section 2, Township 2 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado. Parcel J: Parcel ID No.: 122135000003 (SW 1/4 & NW 1/4 of SE 1/4) and 122135000004 (E 1/2 of SE 1/4 & SW 1/4 of SE 1/4) The S 1/2 of Section 35, Township 3 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado. Parcel K: Parcel ID No.: 129901000006 All of Section 1, Township 2 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado; EXCEPTING therefrom the portion conveyed by Deed recorded May 21, 1948 in Book 1227 Page 439 which is more particularly described as follows: Commencing at a point on the West boundary of said Section 1 at a point 600 feet South of the NW corner of said Section 1 Thence South along the West line of said Section 1 at a distance of 2340 feet to a point 300 feet South of the NW Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE corner of the SW' of said Section 1; Thence East along a line parallel to the South boundary of said Section 1, a distance of 130 feet; Thence North along a line parallel to the West line of said Section 1, a distance of 2340 feet; Thence West along a line parallel to the North line of said Section 1, a distance of 130 feet, more or less, to the Point of Beginning. Parcel L: Those easement rights as created and described in Easement Agreement recorded May 21, 2021 at Reception No. 4717695, Public Records, Weld County, Colorado. *** Legal description subject to change upon receipt of an ALTA Survey *** Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE SCHEDULE B — I Requirements File No.: 22000330597-01 All the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Pay all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. 6. Satisfactory evidence that improvements and/or repairs or alterations to the Land are completed, that contractor, sub -contractors, labor, and materialmen are all paid, and have released of record all liens or notice of intent to perfect a lien. 7. If the fee owner is an entity, evidence of the good standing, incumbency, and authority of that entity and of the Proposed Insured shown in Schedule A, Item 2(a) who will execute the instrument(s) required by the Company. AND With regard to Taelor Solar 1, LLC, a Delaware limited liability company, The Company requires for its review a copy of the following: a. Articles of Organization, and any amendment thereto; b. Operating Agreement, and any amendment thereof; c. Certificate of good standing, if available, evidencing that the LLC is in good standing in the state of its registration and in the state where the Land is located (if different); d. Evidence of the authorization of the proposed transaction and the authority of the officers, managers, or members to execute the transaction documents; and e. Evidence of payment of franchise taxes due, where applicable. AND With regard to Magnum Feedyard Co. LLC, a Colorado limited liability company, The Company requires for its review a copy of the following: a. Articles of Organization, and any amendment thereto; b. Operating Agreement, and any amendment thereof; c. Certificate of good standing, if available, evidencing that the LLC is in good standing in the state of its registration and in the state where the Land is located (if different); d. Evidence of the authorization of the proposed transaction and the authority of the officers, managers, or members to execute the transaction documents; and e. Evidence of payment of franchise taxes due, where applicable. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE 8. The Policy(ies) to be issued together with endorsements and any coverage therein is conditioned upon the approval of the Company's Senior Underwriting Committee, which may include further requirements. Note: The above will be deleted upon receipt of the requisite approvals and not carried forward to the Policy. 9. Furnish for recordation the appropriate documentation to create the Leasehold Estate to be insured herein. If a Memorandum of Lease is to be recorded, the memorandum should contain the names of the parties as set forth below, a description of the demised premises, the commencement and termination dates of the lease, and words of the actual demise. a. Record the Assignment and Assumption Agreement of the Solar Energy Option to Lease and Lease Agreement recorded December 1, 2021 as Reception No. 4781022 in the Public Records of Weld County, Colorado (currently it is only recorded in Morgan County). b. Record proper documentation to evidence the exercise of the Option to lease the Property under the Agreement. 10. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created as to Balanced Rock Power Development, LLC, a Delaware limited liability company. 11. 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): Magnum Feedyard Co. LLC, a Colorado limited liability company 12. 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. NOTE: The Company reserves the right to make any additional requirements and/or exceptions to this commitment and any subsequent endorsements thereto upon review of all required documents or in otherwise ascertaining further details of the transaction. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE COMMITMENT FOR TITLE INSURANCE SCHEDULE B — II Exceptions File No.: 22000330597-01 Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. Standard Exceptions: 1. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by a current, accurate and complete land title survey or inspection of the Land. 2. Rights or claims of parties in possession not recorded in the Public Records. 3. Rights of tenants in possession as tenants only under leases not recorded in the Public Records. 4. Easements or claims of easements not recorded in the Public Records. 5. Taxes or assessments which are not recorded as existing liens in the Public Records. 6. Any lien, or right to a lien, for services, labor, material, or equipment, heretofore or hereafter furnished, imposed by law, and not recorded in the Public Records 7. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions, or reservations of interests that are not listed. 8. Unpatented mining claims, reservations, or exceptions in patents or in acts authorizing the issuance thereof. 9. Water rights, claims or title to water. 10. Any inaccuracy in the area, square footage, or acreage of Land described in Schedule A. The Company does not insure the area, square footage, or acreage of the Land. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE Special Exceptions: 11. All taxes and assessments for 2022 now due and payable, but not yet delinquent, and subsequent years. 12. Terms, conditions, provisions, agreements, and obligations contained in the Transcript of Proceedings of Board of County Commissioners of Weld County, Colorado as set forth below: Recording Date: Recording No.: Affects Parcels A — K) October 14, 1889 Book 86 Page 273 13. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcels I and J) The United States of America James C. Adams July 13, 1908 Book 132 Page 204 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. 14. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel K) The United States of America Helen A. Hilsher June 11,1913 Book 385 Page 5 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 15. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcels I and J) The United States of America Martha J. Porter May 13, 1914 Book 385 Page 59 Which among other things recites as follows: Reserving coal and the right to prospect for, mine and remove the same. A right of way thereon for ditches or canals constructed by the authority of the United States of America. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE 17. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcels B and G) Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. The United State of America William Edward Schleicher June 25, 1914 Book 131 Page 458 The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. 18. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel H) The United States of America Jakob Epple June 25, 1914 Book 333 Page 76 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. 19. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel I) The United States of America Edward Condon July 1,1914 Book 396 Page 228 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 20. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel G) The United States of America Leo Conrad Wachtel November 9, 1914 Book 396 Page 380 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE 21. NA 22. Reservations contained in the Patent: From: The United States of America To: Martha J. Porter Recording Date: April 14, 1915 Recording No.: Book 417 Page 109 (Affects Parcels I and J) Which among other things recites as follows: Reserving all coal and the right to prospect for, mine and remove the same. 23. Reservations contained in the Patent: From: To: Recording Date: Recording No.: Book 418 Page 416 (Affects Parcels A, G and I) The United States of America Mary Ely May 2, 1916 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 24. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel K) The United States of America Edward P. McCracken October 23, 1916 Book 418 Page 575 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 25. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel E) The United States of America Mary A. Classon March 15, 1917 Book 461 Page 156 Which among other things recites as follows: Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE A right of way thereon for ditches or canals constructed by the authority of the United States of America. 26. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel E) The United States of America Mary A. Classon March 24, 1917 Book 461 Page 166 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 27. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel D) The United States of America William M. Rice November 19, 1917 Book 461 Page 393 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 28. Reservations contained in the Patent: From: To: Recording Date: Recording No.: The United States of America Maud Lamon Coulter April 4, 1919 Book 507 Page 269 (Affects Parcels F and J) Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 29. Reservations contained in the Patent: From: To: Recording Date: Recording No.: The United States of America Leland T. James January 19, 1920 Book 507 Page 502 (Affects Parcels A and F) Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 30. Reservations contained in the Patent: From: The United States of America Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE To: Recording Date: Recording No.: (Affects Parcel B) Jesse H. Osborn May 31, 1921 Book 595 Page 330 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 31. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel K) The United States of America Jose P. Adams November 14, 1921 Book 595 Page 406 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 32. NA 33. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel I) The United States of America Harriet E. Palmer July 7, 1922 Book 677 Page 5 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 34. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel F) The United States of America Maud Lannon Coulter August 12, 1922 Book 677 Page 12 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 35. Reservations contained in the Patent: From: The United States of America To: Maud Lamon Coulter Recording Date: April 11, 1923 Recording No.: Book 668 Page 18 (Affects Parcels A, F and J) Which among other things recites as follows: Reservation of coal and other minerals and the right to prospect for, mine and remove the same. 36. Reservations contained in the Patent: From: To: Recording Date: Recording No: (Affects Parcel B) The United States of America Wilbert W. Leise August 9, 1923 Book 668 Page 45 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 37. NA 38. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcels A and F) Which among other things recites as follows: Reserving coal and other minerals and the right to prospect for, mine and remove the same. A right of way thereon for ditches or canals constructed by the authority of the United States of America. The United States of America Leland F. James May 14, 1925 Book 668 Page 169 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE 39. NA 40. Terms, conditions, provisions, agreements, reservations, and obligations contained in the Warranty Deed as set forth below: Recording Date: Recording No.: (Affects Parcel B) January 13, 1931 Book 906 Page 393 41. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel B) The United States of America Arley Meek January 19, 1940 Book 1056 Page 59 Which among other things recites as follows: Reserving coal and other minerals and the right to prospect for, mine and remove the same. A right of way thereon for ditches or canals constructed by the authority of the United States of America. 42. NA 43. NA 44. Terms, conditions, provisions, agreements, reservations, and obligations contained in the Mineral Deed as set forth below: Recording Date: October 10, 1945 Recording No.: Book 1162 Page 470 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE And Recording Date: Recording No.: (Affects Parcel K) November 19, 1945 Book 1165 Page 210 45. Terms, conditions, provisions, agreements, reservations, and obligations contained in the Warranty Deed as set forth below: Recording Date: Recording No.: (Affects Parcel K) November 24, 1945 Book 1165 Page 546 46. Terms, conditions, provisions, agreements, reservations, and obligations contained in the Warranty Deed as set forth below: Recording Date: Recording No.: (Affects Parcel G) 47. NA June 15, 1948 Book 1229 Page 182 48. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel F) The United States of America Henry Edward Epple and Mabel Epple Weigle June 8, 1954 Book 1392 Page 579 Which among other things recites as follows: All oil and gas and the right to prospect for, mine and remove the same. A right of way thereon for ditches or canals constructed by the authority of the United States of America. 49. NA Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE 50. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: (Affects Parcel G) 51. NA 52. NA Public Service Company of Colorado Utility Easement May 20, 1963 Book 1647 Page 126 53. Reservations contained in the Patent: From: To: Recording Date: Recording No.: (Affects Parcel G) The United States of America Walter B. Cronkhite January 19, 1971 Reception No. 1560777 Which among other things recites as follows: A right of way thereon for ditches or reservoirs constructed by the authority of the United States of America. The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. 54. Terms, conditions, provisions, agreements, reservations, and obligations contained in the Warranty Deed as set forth below: Recording Date: February 2, 1971 Recording No.: Reception No. 1561479 (Affects Parcels A, B, D, E, F and G,) 55. Terms, conditions, provisions, agreements, reservations, and obligations contained in the Warranty Deed as set forth below: Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE Recording Date: Recording No.: (Affects Parcel B) May 28, 1971 Reception No. 1568672 56. Terms, conditions, provisions, agreements, and obligations contained in the Quit Claim Deed as set forth below: Recording Date: Recording No.: (Affects Parcel B) 57. NA 58. NA June 4, 1971 Reception No. 1569052 59. NA 60. NA 61. NA 62. NA 63. Terms, conditions, provisions, agreements, and obligations contained in the Mineral Deed as set forth below: Recording Date: August 22, 1980 Recording No.: Reception No. 1833816 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE (Affects Parcel K) 64. NA 65. NA 66. Any taxes or assessments by reason of the inclusion of the Land in the Eastern Weld Pest Control District: Recording Date: July 23, 1985 Recording No.: Reception No. 2017987 (Affects Parcels A, B, D, E, F, G and H) 67. Terms, conditions, provisions, agreements, reservations, and obligations contained in the Warranty Deed as set forth below: Recording Date: September 19, 1985 Recording No.: Reception No. 2025450 (Affects Parcels C and H) 68. NA 69. NA 70. 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. Dated: Lessor: Lessee: Recording Date: Recording No.: (Affects Parcel J) November 20, 1987 Kirk W. Howell and Dorothy E. Howell Energy Minerals Corporation February 9, 1988 Reception No. 2130449 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE 71. NA 72. NA 73. Any taxes or assessments by reason of the inclusion of the Land in the Southeast Weld Fire Protection District: Recording Date: Recording No.: (Affects Parcels A — K) 74. NA 75. NA 76. NA August 10, 1989 Reception No. 2187899 77. Terms, conditions, provisions, agreements, and obligations contained in the Personal Representative's Deed as Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE set forth below: Recording Date: Recording No.: And Recording No.: (Affects Parcel J) 78. NA November 5, 1997 Reception No. 2577777 Reception No. 2577778 79. 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. Dated: Lessor: Lessee: Recording Date: Recording No.: (Affects Parcel K) January 14, 2000 Alkire, Inc., a Colorado corporation Bison Energy Corporation July 5, 2000 Reception No. 2778678 80. 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. Dated: Lessor: Lessee: Recording Date: Recording No.: (Affects Parcel K) February 22, 2000 Peggy Marilyn Miller Bison Energy Corporation July 5, 2000 Reception No. 2778682 81. 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. Dated: Lessor: Lessee: Recording Date: Recording No.: (Affects Parcel K) April 11, 2000 Lamar C. Puett, Inc., a Colorado corporation Bison Energy Corporation July 5, 2000 Reception No. 2778694 82. 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. Dated: Lessor: Lessee: Recording Date: Recording No.: (Affects Parcels A — H) June 27, 2000 Robert S. Calvert, Jr. a.k.a. Robert S. Calvert and Robert Calvert Bison Energy Corporation July 5, 2000 Reception No. 2778701 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE 83. 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: Dated: Lessor: Lessee: February 8, 2000 Kirk W. Howell and Dorothy E. Howell Trust B Bison Energy Corporation Recording Date: July 5, 2000 Recording No.: Reception No. 2778680 (Affects Parcels I and J) 84. Terms, conditions, provisions, agreements, and obligations contained in the Mineral Deed as set forth below: Recording Date: March 1, 2001 Recording No.: Reception No. 2829222 (Affects Parcels B, D, I and J) 85. Terms, conditions, provisions, agreements, and obligations contained in the Mineral Deed as set forth below: Recording Date: Recording No.: (Affects Parcel K) 86. NA 87. NA 88. NA December 5, 2002 Reception No. 3011938 89. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: (Affects Parcels B and H) Wiggins Telephone Association, a Colorado Co -Operative Communication Services January 29, 2009 Reception No. 3602088 90. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE Granted to: Wiggins Telephone Association, a Colorado Co-operative Purpose: Communication Services Recording Date: January 29, 2009 Recording No.: Reception No. 3602092 (Affects Parcels I and J) 91. An unrecorded lease with certain terms, covenants, conditions, and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No.: Lease Agreement Robert S. Calved a/k/a Robert S. Calved, Jr., and Patricia A. Calvert Wiggins Telephone Association January 29, 2009 Reception No. 3602093 Quitclaim and Assignment of Wiggins Telephone Association Lease Agreement and Rights Relates to Morgan County Rural Electric Association: Recording Date: Recording No.: (Affects Parcel B) December 17, 2019 Reception No. 4550933 92. 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. Dated: Lessor: Lessee: Recording Date: Recording No.: Reception No. 3739857 (Affects Parcels A, B, C, D, E, F and G) December 2, 2010 Robert Calvert Chesapeake Exploration, L.L.C. December 17, 2010 93. 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. Dated: Lessor: Lessee: Recording Date: Recording No.: (Affects Parcel C) April 15, 2011 Glenn Neal and Janette Neal Chesapeake Exploration, L.L.C. May 4, 2011 Reception No. 3766285 94. 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. Dated: Lessor: Lessee: Recording Date: Recording No.: (Affects Parcel K) June 9, 2011 Alkire Family Limited Liability Limited Partnership Chesapeake Exploration, LLC August 2, 2011 Reception No. 3783787 95. Terms, conditions, provisions, agreements, reservations, and obligations contained in the Special Warranty Deed Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE as set forth below: Recording Date: January 2, 2013 Recording No.: Reception No. 3899612 (Affects Parcels A — H) 96. Terms, conditions, provisions, agreements, and obligations contained in the Easement Deed by Court Order in Settlement of Landowner Action as set forth below: Recording Date: March 15, 2013 Recording No.: Reception No. 3917346 (Affects Parcels E and F) 97. Terms, conditions, provisions, agreements, and obligations contained in the Personal Representative's Deed as set forth below: Recording Date: Recording No.: (Affects Parcel J) May 22, 2013 Reception No. 3934292 98. Terms, conditions, provisions, agreements, and obligations contained in the Mineral Deed as set forth below: Recording Date: March 20, 2015 Recording No.: Reception No. 4091971 (Affects Parcels D, E, F and J) 99. Terms, conditions, provisions, agreements, and obligations contained in the Mineral Deed as set forth below: Recording Date: Recording No.: And Recording Date: Recording No.: And Recording Date: Recording No.: And Recording No.: And Recording Date: Recording No.: And Recording Date: Recording No.: August 26, 2015 Reception No. 4136870 November 20, 2015 Reception No. 4159792 April 21, 2016 Reception No. 4197459 Reception No. 4197460 November 17, 2016 Reception No. 4254412 November 28, 2016 Reception No. 4256758 Confirmation and Quit Claim of Interest: Recording Date: March 22, 2018 Recording No.: Reception No. 4385059 (Affects Parcel K) 100. 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. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE Dated: Lessor: Lessee: Recording Date: Recording No.: (Affects Parcel B) 101. NA January 10, 2017 Penelope Bryant Jack Rabbit Creek Resources, LLC, a Colorado limited liability company February 22, 2017 Reception No. 4280409 102. 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. Dated: Lessor: Lessee: Recording Date: Recording No.: (Affects Parcel G) January 16, 2017 Wm. A. Ferguson a/k/a/ William A. Ferguson Jack Rabbit Creek Resources, LLC, a Colorado limited liability company May 16, 2017 Reception No. 4302676 103. Terms, conditions, provisions, agreements, and obligations contained in the Personal Representative's Deed of Distribution as set forth below: Recording Date: August 31, 2017 Recording No.: Reception No. 4332100 Correction Personal Representative's Deed of Distribution: Recording Date: June 24, 2021 Recording No.: Reception No. 4729143 (Affects Parcels A — K) 104. Terms, conditions, provisions, agreements, and obligations contained in the Mineral and Royalty Deed as set forth below: Recording Date: Recording No.: (Affects Parcel K) March 1, 2019 Reception No. 4470471 105. Terms, conditions, provisions, agreements, reservations, and obligations contained in the Special Warranty Deed as set forth below: Recording Date: May 21, 2019 Recording No.: Reception No. 4490707 (Affects Parcels A — H) 106. NA Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE 107. NA 108. Terms, conditions, provisions, agreements, and obligations contained in the Personal Representative's Deed of Distribution as set forth below: Recording Date: December 17, 2019 Recording No.: Reception No. 4550931 Correction Personal Representative's Deed of Distribution: Recording Date: Recording No.: (Affects Parcel C) June 24, 2021 Reception No. 4729144 109. Terms, conditions, provisions, agreements, reservations, and obligations contained in the Personal Representative's Deed as set forth below: Recording Date: Recording No.: (Affects Parcel C) December 17, 2019 Reception No. 4550932 110. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: (Affects Parcel G) Magnum Feedyard Co. LLC, a Colorado limited liability company Access Easement May 21, 2021 Reception No. 4717695 111. The effect of that certain Land Survey Plat: Recording Date: June 2, 2021 Recording No.: Reception No. 4720988 (Affects Parcels A — K) 112. Terms, conditions, provisions, agreements, and obligations contained in the Special Warranty Deed for Minerals as set forth below: Recording Date: Recording No.: (affects Parcel J) 113. NA July 27, 2021 Reception No. 4739393 Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE 114. NA 115. A deed of trust to secure an indebtedness in the amount shown below: Amount: $6,000,000.00 Dated: June 8, 2021 Trustor/Grantor Magnum Feedyard Co. LLC, a Colorado limited liability company Trustee: Weld Beneficiary: American AgCredit, FLCA Recording Date: June 14, 2021 Recording No.: Reception No. 4725743 (Affects Parcels A — K) 116. NA 117. A deed of trust to secure an indebtedness in the amount shown below: Amount: $6,000,000.00 Dated: June 8, 2021 Trustor/Grantor Magnum Feedyard Co. LLC, a Colorado limited liability company Trustee: Weld Beneficiary: American AgCredit, PCA Recording Date: June 16, 2021 Recording No.: Reception No. 4726302 (Affects Parcel A — K) 118. A recorded lease with certain terms, covenants, conditions, and provisions set forth therein as disclosed by the Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE document: Entitled: Lessor: Lessee: Recording Date: Recording No.: Entitled: Assignor: Assignee: Recording Date: Recording No.: (Affects All Parcels) Memorandum of Solar Energy Option to Lease and Lease Agreement Magnum Feedyard Co. LLC, a Colorado limited liability company Balanced Rock Power Development, LLC, a Delaware limited liability company December 1, 2021 Reception No. 4781022 — Weld County, Colorado Assignment and Assumption Agreement Balanced Rock Power Development, LLC, a Delaware limited liability company Taelor Solar 1, LLC, a Delaware limited liability company January 31, 2023 Reception No. 944813 119. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Entitled: Dated: Grantor: Company: Recording Date: Recording No.: (Affects All Parcels) Option Agreement for Easement ("Option Agreement") July 6, 2022 Magnum Feedyard Co. LLC, a Colorado limited liability company Public Service Company of Colorado, a Colorado corporation July 7, 2022 Reception No. 4840448 120. Notwithstanding the Covered Risks as set forth in the policy, the Company does not insure against loss or damage by reason of a lack of a right of access to and from the Land. (Affects Parcels D — F) 121. The effect of any failure to comply with the terms, covenants, conditions, and provisions of the lease described or referred to in Schedule A. 122. NA 123. NA Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE 124. NA 125. NA 126. NA 127. NA Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) 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. //ftstewart TITLE APPENDIX J 4717693 05/21/2021 01:23 PM Total Pages: 4 Rec Fee: $28.00 Doc Fee: $285.00 Carly Koppes - Clerk and Recorder, Weld County , CO Parcels A -H tate Documentary Fee Ott After recording, mail to Magnum Feedyard Co. LLC P,O. Box 126 Wiggins, CO 80654 SPECIAL WARRANTY DEED A)C\ 0,1 William Tyler Sirios and Bridget M. Sirios (collectively "Grantor"), whose address is 8985 CR 93, Wiggins, CO 80654, for the consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, hereby sells and conveys to Magnum Feedyard Co. LLC, a Colorado limited liability company whose address is 11665 County Rd 1, Wiggins, CO 80654, the real property described in the attached Exhibit A, together with all the water, water rights and related rights described in the attached Exhibit B, and together with all appurtenances, and warrants title to the same against all persons claiming under Grantor, subject to statutory exceptions. Signed this j day of May, 2021. Bridget M. Sirios STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this i i day of May, 2021, by William Tyler Sirios and Bridget M. Sirios. My commission expires: ANGELA C GARNER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19994014689 My Commission Expires May 21, 2023 4717693 05/21/2021 01:23 PM Page 2 of 4 Exhibit A to Special Warranty Deed Grantor: William Tyler Sirios and Bridget M. Sirios Grantee: Magnum Feedyard Co. LLC page 1 of 2 PARCEL I: ALL OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 61 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND THE N 1/2 OF THE NE 1/4 AND THE NE 1/4 OF THE NW 1/4 (LOTS 1,2 AND 3) OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 61 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPT THAT PORTION WITHIN THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY AND THE S 1/2 AND THE SW 1/4 OF THE NW 1/4 OF SECTION II, TOWNSHIP 2 NORTH, RANGE 61 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPT THOSE PARCELS CONVEYED BY DEEDS RECORDED JULY 8, 1971 AT RECEPTION NO. 1571167 IN BOOK 649 AND RECORDED OCTOBER 9, 1995 AT RECEPTION NO. 2458725 AND THE NW 1/4 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 61 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND THE S 1/2 OF THE SE 1/4 AND THE SE 1/4 OF THE SW 1/4 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 61 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND ALL OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 61 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPT THAT PORTION LOCATED WITHIN THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY AND ALL OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 61 WEST OF THE 6TH P.M.. COUNTY OF WELD, STATE OF COLORADO EXCEPT THAT PORTION LOCATED WITHIN THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY PARCEL II: ALL OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 61 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF COLORADO, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 10. FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 10 BEARS NORTH 89° 49' 12" WEST, THENCE NORTH 89° 49' 12" WEST, 1401.13 FEET ALONG THE SOUTH LINE OF SAID SECTION 10 TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01° 09' 23" EAST, 789.16 FEET; THENCE NORTH 14° 23' 09" WEST, 711.74 FEET; THENCE NORTH 09° 52' 13" EAST, 966.99 FEET; THENCE NORTH 03° 41' 55" WEST, 205.97 FEET; THENCE SOUTH 66° 34' 44" WEST, 1409.00 4717693 05/21/2021 01:23 PM Page 3 of 4 Exhibit A to Special Warranty Deed Grantor: William Tyler Sirios and Bridget M. Siri©s Grantee: Magnum Feedyard Co. LLC page 2 of 2 FEET; THENCE NORTH 68° 58' 09" WEST, 2760.75 FEET TO THE WEST LINE OF SAID SECTION 10; THENCE SOUTH 00° 18' 15" WEST, 3055.14 FEET ALONG THE WEST LINE OF SAID SECTION 10 TO THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE SOUTH 89° 49' 12" EAST, 3894.35 FEET ALONG THE SOUTH LINE OF SAID SECTION 10 TO THE TRUE POINT OF BEGINNING. LEGAL DESCRIPTION PREPARED 4/21/21 BY LOREN K. SHANKS, PLS 28285 UINTAH ENGINEERING & LAND SURVEYING. PARCEL III: A TRACT OF LAND LOCATED IN THE N1/2 OF THE NE1/4 OF SECTION 15, TOWNSHIP 2 NORTH, RANGE 61 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 15, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 15 BEARS NORTH 89° 49'12" WEST, THENCE NORTH 89° 49' 12" WEST, 1401.13 FEET ALONG THE NORTH LINE OF SAID SECTION 15; THENCE, SOUTH 01° 04' 35" WEST, 1312.84 FEET TO THE SOUTH LINE OF THEN I/2 OF THE NEI/4 OF SAID SECTION 15; THENCE NORTH 89° 59' 56" EAST, 1429.06 FEET ALONG THE SOUTH LINE OF THE N1/2 OF THE NE1/4 OF SAID SECTION 15 TO THE SOUTHEAST CORNER OF THE NI/2 OF THE NEI/4 OF SAID SECTION 15; THENCE NORTH 00° 08' 37" WEST, 1308.24 FEET ALONG THE EAST LINE OF THE NORTH 1/2 OF THE NE1/4 OF SAID SECTION 15 TO THE NORTHEAST CORNER OF SAID SECTION 15 AND THE TRUE POINT OF BEGINNING. LEGAL DESCRIPTION PREPARED 4/21/21 BY LOREN K. SHANKS, PLS 28285 UINTAH ENGINEERING & LAND SURVEYING. 4717693 05/21/2021 01:23 PM Page 4 of 4 Exhibit B to Special Warranty Deed Grantor: William Tyler Sirios and Bridget M. Sirios Grantee: Magnum Feedyard Co. LLC (A) The groundwater rights ("Water Rights") represented by Final Well Permit No. 8309-RFP; Final Well Permit No. 8310-RFP; Final Well Permit No. 8311-RFP-R; Final Well Permit No. 12356-RFP; Final Well Permit No. 12357-RFP; Well Permit No. 272139; and Well Permit No. 124250-A; (B) any and all other water, water rights, and water appropriations that are or were used on or are appurtenant to the land conveyed herein ("Land"); and (C) all rights to withdraw, and any rights of GRANTOR to consent to the withdrawal of, ground water appurtenant to the Land, said Land and Water Rights being located in the Kiowa-Bijou Designated Ground Water Basin in Weld County, State of Colorado; TOGETHER with all ditches, headgates, flumes, measuring devices, dams, waterlines, wells, pumps, pipes, valves, controls, easements and rights of way for access to and operation, maintenance, repair and replacement of any such structures and other improvements and appurtenances thereto belonging or in any way appurtenant to the use of the Water Rights (together referred to as "appurtenant interests"), with all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the Water Rights and said appurtenant interests. Parcels E & F Mier recording, mail to Magnum Feedyard Co, LLC P.O. Box 126 Wiggins, CO 80654 4717694 05/21/2021 01:23 PM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County , CO BARGAIN AND SALE DEED William Tyler Sirios and Bridget M. Sirios (collectively "Grantor"), whose address is 8985 CR 93, Wiggins. CO 80654, for the consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, hereby sell and convey to Magnum Feedyard Co. LLC, a Colorado limited liability company whose address is 11665 County Rd 1, Wiggins, CO 80654, the real property described as follows: THE N 1/2 OF THE NE 1/4 AND THE NE 1/4 OF THE NW 1/4 (LOTS 1, 2 AND 3) OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 61 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND ALL OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 61 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND ALL OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 61 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO together with all appurtenances. Signed this I q day of May, 2021. Bridget M. Sirios STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of May, 2021, by William Tyler Sirios and Bridget M. Sirios. My commission expires: ANGELA C GARDNER NOAR PUBLIC C STATE OF COLORADO NOTARY ID 19994414689 My Commission Expires May 21, 2023 Parcels I & J After recording, mail to Magnum Feedyard Co. LLC P.O. Box 126 Wiggins, CO 80654 4702700 04/08/2021 02:12 PM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $300.00 Carly Koppes - Clerk and Recorder, Weld County , CO State Documentary Fee Date - q, ?(971 $ •�_ GENERAL WARRANTY DEED Gardner Turfgrass, Inc., a Colorado corporation ("Grantor"), whose address is 1010 E. 15th Ave., Broomfield, CO 80020, for the consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, hereby sells and conveys to Magnum Feedyard Co. LLC, a Colorado limited liability company whose address is 11665 County Rd 1, Wiggins, CO 80654, the following real property: All of Section 2, Township 2 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado; and The South 1/2 of Section 35, Township 3 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado; also known as 12475 and 12476 Weld County Rd. 95, Wiggins, CO 80654; together with all the water, water rights and related rights described in the attached Exhibit A, and together with all appurtenances, and warrants title to the same, subject to statutory exceptions. Signed this day of April, 2021. Gardner Turfgrass, Inc. By: Stanley G. Gard Vice President STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of April, 2021, by Stanley G. Gardner as Vice President of Gardner Turfgrass, Inc., a Colorado corporation, on behalf of the corporation. My commission expires: I /r7/4/677--f---- NOTMY 3^PL L a F C0LMAD0 E'E"M 4702700 04/08/2021 02:12 PM Page 2 of 2 Exhibit A to General Warranty Deed Grantor: Gardner Turfgrass, Inc. Grantee: Magnum Feedyard Co. LLC (A.) the groundwater rights ("Water Rights") represented by Final Well Permit No. 3967 -FP; Final Well Permit No. 6984-RFP; Final Well Permit No. 6985-RFP; Final Well Permit No. 6986-RFP; Final Well Permit No. 8793-RFP; Final Well Permit No. 14705-RFP; Well Permit No. 181628; and Well Permit No. 190915; (B) any and all other water, water rights, and water appropriations that are or were used on or are appurtenant to the land conveyed herein ("Land"), and (C) all rights to withdraw, and any rights of GRANTOR to consent to the withdrawal of; ground water appurtenant to the Land, said Land and Water Rights being located in the Kiowa-Bijou Designated Ground Water Basin in Weld County, State of Colorado, TOGETHER with all ditches, headgates, flumes, measuring devices, dams, waterlines, wells, pumps, pipes, valves, controls, easements and rights of way for access to and operation, maintenance, repair and replacement of any such structures and other improvements and appurtenances thereto belonging or in any way appurtenant to the use of the Water Rights (together referred to as "appurtenant interests"), with all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the Water Rights and said appurtenant interests. 340. Parcel K 0111111111111111111111 [1IIII£ , I IIll 3745340 01/17/2011 03:54P Weld County, CO 1 of 2 R 16.00 0 8.06 Steve Moreno Clerk & Recorder GENERAL WARRANTY DEED Duane F. Martin and Marlene J. Martin Family Trust Dated September 5, 2002, a California trust (Grantor) whose address is 2021 Highway 88, Ione, CA 95640, for the consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, hereby sells and conveys to Magnum Feedyard Co. LLC, a Colorado limited liability company, (Grantee) whose address is 5716 S. Bemis St., Littleton, Colorado 80120, an undivided fifty percent (50%) interest in and to :he following real property in the County. of Weld, State of Colorado: see attached Exhibit "A" Part 1., pith all its appurtenances, and warrants title to the same, free and clear of all taxes, assessments, liens, claims., encumbrances, agreements, rights and conditions, subject only to those exceptions set forth in the attached Exhibit "A" Part 2. Signed this - day of STATE OF ClkltttxNtt. Duane F. Martin and Marlene J. Martin Family Trust Dated September 5, 2002 Bye Duane F. Martin, at!`a Duane F. Martin, Sr., Trustee COUNTY OF _ 5 at 55. The foregoing instrument was acknowledged before me this 'day of f 20 1 / _ by Duane F. Martin a/k/a Duane F. Martin, Sr., as the Trustee of Duane �F.Martin and Marlene J. Martin Family Trust Dated September 5, 2002. Witness my hand and official seal. My col xpires: FRANK MOHAN COMM. # 1798855 TARP PUBLIC -CALIFORNIA SAN JOAQUIN COUNTY n Expire MaY 23, 2012 111111111111111111 III! IIIIII 111111 11111 III 1111111111111 3745340 01/17/2011 03:54P Weld County, CO 2 of 2 R 16.00 D 8.06 Steve Moreno Clerk & Recorder EXHIBIT "A" Part 1 to General Warranty Deed from Duane F. Martin and Marlene J. Martin Family Trust Dated September 5, 2(X12 to Magnum Feedyard Co. LLC 4.11 of Section 1, Township 2 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado, EXCEPTING therefrom that portion conveyed by Deed recorded May 21, 1948 in Book 1227 at page 439, which is more particularly described as follows: Commencing at a point on the West boundary line of said Section 1 at a point 600 feet South of the NW corner of said Section 1; thence South along the West line of said Section 1 a distance of 2340 feet to a point 300 feet South of the NW corner of the SW1/4 of said Section 1; thence East along a line parallel to the South boundary line of said Section 1 a distance of 130 feet; thence North along a line parallel to the West line of said Section 1 a distance of 2340 feet; thence West along a line parallel to the North line of said Section 1 a distance of 130 feet more or less to the point of beginning. The real property described above includes and is sold and conveyed together with all easements, rights of way and other appurtenances related to that land, and all improvements and fixtures located thereon, including all water, water rights, wells and well rights (whether or not registered or the subject of a pennit), and including all oil, gas, coal, and other minerals and mineral rights, in and under and that may be produced from the real property described above. EXHIBIT "A" Part 2 Permitted exceptions to title: 2010 and 2011 general real property taxes due and payable in 2011 and 2012 •espectively; reservations contained in any United States or State of Colorado patent of record conveying paid real property: prior mineral reservations and conveyances of record; and easements and rights of way of record. nor the purposes of these exceptions, the term "of record" means the title records of the Clerk and Recorder of Weld County, Colorado. Parcel K 11111111111111111111111111111111 IIII III 1111 III III 3745341 01/17/2011 03:54P Weld County, CO 1 of 2 R 16.00 0 0.00 Steve Moreno Clerk & Recorder GENERAL WARRANTY DEED Steven P. Gabel (Grantor) whose address is P.O. Box 126, Wiggins, CO 80654, for the consideration of ten dollars ($10 00) and other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, hereby sells and conveys to Magnum Feedyard Co. LLC, a Colorado limited liability company, (Grantee) whose address is P.O. Box 126, Wiggins, CO 80654, an undivided fifty percent (50%) interest in and to the following real property in the County of Weld, State of Colorado: see attached Exhibit "A" Part 1. with all its appurtenances, and warrants title to the same, free and clear of all taxes, assessments, liens, claims, encumbrances, agreements, rights and conditions, subject only to those exceptions set forth in the attached Exhibit "A Part 2. Signed this day o ) ss. ,201 The foregoing instrument was acknowledged before me this day of by Steven P Gabel. Witness my hand and official seal. ;JET 1111111111111111111111111111111111111111111111111111111 3745341 01/17/2011 03:5413 Weld County, CD 2 of 2 R 16.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT "A" Part 1 to General Warranty Deed from Steven P. Gabel Magnum Feedyard Co, LLC All of Section 1, Township 2 North, Range 61 West of the 6th P.M., County of Weld, State of Colorado, EXCEPTING therefrom that portion conveyed by Deed recorded May 21, 1948 in Book 1227 at page 439, which is more particularly described as follows: Commencing at a point on the West boundary line of said Section 1 at a point 600 feet South of the NW corner of said Section 1; thence South along the West line of said Section 1 a distance of 2340 feet to a point 300 feet South of the NW corner of the SW1/4 of said Section 1:, thence East along a line parallel to the South boundary line of said Section 1 a distance of 130 feet; thence North along a line parallel to the West line of said Section 1 a distance of 2340 feet; thence West along a line parallel to the North line of said Section 1 a distance of 130 feet more or less to the point of beginning. The real property described above includes and is sold and conveyed together with all easements, rights of way and other appurtenances related to that land, and all improvements and fixtures located thereon, including all water, water rights, wells and well rights (whether or not registered or the subject of a permit), and including all oil, gas, coal, and other minerals and mineral rights, in and under and that may be produced from the real property described above. EXHIBIT "A" Part 2 Permitted exceptions to title: 2010 and 2011 general real property taxes due and payable in 2011 and 2012 respectively; reservations contained in any United States or State of Colorado patent of record conveying said real property: prior mineral reservations and conveyances of record; and easements and rights of way of record. For the purposes of these exceptions, the term "of record" means the title records of the Clerk and Recorder of Weld County, Colorado. Hello