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HomeMy WebLinkAbout20241437.tiffPI! Land Title G'.'.r' Tr.r r.:Airih'Y —.tiau:v r96 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when - initiating a wire transfer or providing wiring instructions. Order Number: ABC25196986.1 Property Address: 1507 EAST 8TH STREET, GREELEY, CO 80631 Date: 01/20/2023 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Scott Bennetts 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4175 (Work) sbennetts@Itgc.com Buyer/Borrower J-2 REAL ESTATE LLC Attention: CHRIS LEONE 105 Coronado Ct. Unit A-101 Fort Collins, CO 80525 chrisleone@j2contracting.com Delivered via: Electronic Mail None JC YORK jcyork@j-tconsulting.com Delivered via: Electronic Mail rig Land Title - P. %,Tr.r r.:a1r.M-; —.tiau:v r96 Land Title Guarantee Company Estimate of Title Fees Order Number: ABC25196986.1 Date: 01/20/2023 Property Address: 1507 EAST 8TH STREET, GREELEY, CO 80631 Parties: SUNSET INDUSTRIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY SUNSET INDUSTRIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA" Owner's Policy 07-30-21 $0.00 Total $0.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Weld county recorded 08/17/2022 under reception no. 4849186 Weld county recorded 07/19/1990 under reception no. 2220565 Weld county recorded 09/24/1982 under reception no. 1904628 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABC25196986.1 Property Address: 1507 EAST 8TH STREET, GREELEY, CO 80631 1. Commitment Date: 01/12/2023 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 07-30-21 Proposed Insured: SUNSET INDUSTRIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the Land at the Commitment Date is: A FEE SIMPLE 4. The Title is, at the Commitment Date, vested in: SUNSET INDUSTRIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land is described as follows: $0.00 THE E 1/2 OF NW 1/4, THE NE 1/4 OF THE SW 1/4, THE E 1/2 OF THE SW 1/4 OF THE NW 1/4, AND THE E 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND THAT PART OF THE SE 1/4 OF THE SW 1/4 AND THE E 1/2 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LYING NORTH OF THE EIGHTH STREET ROAD EXCEPT THAT PORTION DESCRIBED IN DEED RECORDED SEPTEMBER 24, 1982 AT RECEPTION NO. 1904628 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 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. AMERICAN LAND TITLE AS.00[ATION ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABC25196986.1 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. 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. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. NOTE: THIS COMMITMENT IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. NOTE: THE COMMITMENT DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABC25196986.1 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. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that 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 encroachment, encumbrance, 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 the 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES, IF ANY. 9. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 10. 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, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 12, 1896 IN BOOK 57 AT PAGE 395. 11. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RIGHT OF WAY IN DEED RECORDED DECEMBER 03, 1888 IN BOOK 76 AT PAGE 58. 12. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DITCH RIGHT OF WAY RECORDED AUGUST 28, 1899 IN BOOK 170 AT PAGE 473. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ROBERT S. DAVIS PUMPING SYSTEM FINDINGS RECORDED OCTOBER 22, 1953 UNDER RECEPTION NO. 1166210. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABC25196986.1 14. OIL AND GAS LEASE RECORDED MAY 14, 1981 UNDER RECEPTION NO. 1857783 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED OCTOBER 13, 1986 UNDER RECEPTION NO. 2073094. NOTE: THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. 15. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED SEPTEMBER 24, 1982 UNDER RECEPTION NO. 1904630. 16. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ACCESS EASEMENT RECORDED NOVEMBER 14, 1985 UNDER RECEPTION NO. 2032274. 17. TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS PIPELINE EASEMENT RECORDED NOVEMBER 14, 1985 UNDER RECEPTION NO. 2032275. 18. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECORDED NOVEMBER 21, 1985 UNDER RECEPTION NO. 2032999. 19. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ACCESS PERMIT RECORDED NOVEMBER 21, 1985 UNDER RECEPTION NO. 2033002. 20. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED SEPTEMBER 15, 1986, UNDER RECEPTION NO. 2069386, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 21. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN VALVE SITE CONTRACT RECORDED OCTOBER 05, 2000 UNDER RECEPTION NO. 2798192. 22. RIGHT OF WAY EASEMENT AS GRANTED TO DUKE ENERGY FIELD SERVICES, LP IN INSTRUMENT RECORDED OCTOBER 22, 2003, UNDER RECEPTION NO. 3119391. 23. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED DECEMBER 21, 2007 UNDER RECEPTION NO. 3525268. 24. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED SEPTEMBER 29, 2010, UNDER RECEPTION NO. 3721790. 25. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED JULY 12, 2016 UNDER RECEPTION NO. 4218393. 26. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS CONVEYED IN INSTRUMENT RECORDED JANUARY 02, 2018, UNDER RECEPTION NO. 4364727, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 27. DEED OF TRUST DATED AUGUST 15, 2022, FROM SUNSET INDUSTRIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF WELD COUNTY, COLORADO FOR THE USE OF VERUS BANK OF COMMERCE TO SECURE THE SUM OF $2,250,000.00 RECORDED AUGUST 17, 2022, UNDER RECEPTION NO. 4849188. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABC25196986.1 SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED AUGUST 17, 2022, UNDER RECEPTION NO. 4849189. 28. DEED OF TRUST DATED OCTOBER 25, 2022, FROM SUNSET INDUSTRIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF WELD COUNTY, COLORADO FOR THE USE OF VERUS BANK OF COMMERCE TO SECURE THE SUM OF $1,125,000.00 RECORDED OCTOBER 26, 2022, UNDER RECEPTION NO. 4863536. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED OCTOBER 26, 2022, UNDER RECEPTION NO. 4863537. NOTE: THE FOLLOWING NOTICES PURSUANT TO CRS 9-1.5-103 CONCERNING UNDERGROUND FACILITIES HAVE BEEN FILED WITH THE CLERK AND RECORDER. THESE STATEMENTS ARE GENERAL AND DO NOT NECESSARILY GIVE NOTICE OF UNDERGROUND FACILITIES WITHIN THE SUBJECT PROPERTY: (A) MOUNTAIN BELL TELEPHONE COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO. 1870705. (B) WESTERN SLOPE GAS COMPANY, RECORDED MARCH 9, 1983 AT RECEPTION NO. 1919757. (C) ASSOCIATED NATURAL GAS, INC., RECORDED JULY 20, 1984 AT RECEPTION NO. 1974810 AND RECORDED OCTOBER 1, 1984 AT RECEPTION NO. 1983584 AND RECORDED MARCH 3, 1988 AT RECEPTION NO. 2132709 AND RECORDED APRIL 10, 1989 AT RECEPTION NO. 2175917. (D) PANHANDLE EASTERN PIPE LINE COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO. 1870756 AND RECORDED JUNE 26, 1986 AT RECEPTION NO. 2058722. (E) COLORADO INTERSTATE GAS COMPANY, RECORDED AUGUST 31, 1984 AT RECEPTION NO. 1979784. (F) UNION RURAL ELECTRIC ASSOCIATION, INC., RECORDED OCTOBER 5, 1981 AT RECEPTION NO. 1871004. (G) WESTERN GAS SUPPLY COMPANY, RECORDED APRIL 2, 1985 AT RECEPTION NO. 2004300. (H) PUBLIC SERVICE COMPANY OF COLORADO, RECORDED NOVEMBER 9, 1981 AT RECEPTION NO. 1874084. (I) ST. VRAIN SANITATION DISTRICT, RECORDED DECEMBER 14, 1988 AT RECEPTION NO. 2164975. (J) LEFT HAND WATER DISTRICT, RECORDED AUGUST 28, 1990 AT RECEPTION NO. 2224977. (K) UNITED POWER, INC., RECORDED JANUARY 24, 1991 AT RECEPTION NO. 2239296. (L) WIGGINS TELEPHONE ASSOCIATION RECORDED OCTOBER 14, 1992 AT RECEPTION NO. 2306829. Land Title IkSLJV CF CrfiIntia IOti 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. ALTA Commitment For Title Insurance issued by Old Republic National Title Insurance Company NOTICE 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 EXTRACONTRACTUAL 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 ,Old Republic National Title Insurance Company, a Minnesota 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 Amount of insurance and the name of the Proposed Insured. If all of the Schedule B, Part I —Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a)"Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. (b)"Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. (c)"Land": The land described in item 5 of Schedule A and affixed improvements located on that land that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, aavenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (d)"Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. (e) "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. (f) "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. (g) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (h)"Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. (i) "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. (j) "Title": The estate or interest in the Land identified in Item 3 of 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, 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; and (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 is not 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. (b)The Company is not 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 is only liable 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 does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Condition 5(a) or the Proposed Amount of Insurance. (e)The Company is not liable for the content of the Transaction Identification Data, if any. (f) The Company is not 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)The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proosed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT. CHOICE OF LAW AND CHOICE OF FORUM (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 under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction (c)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 IS 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. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of insurance is $2,000,000 or less may be arbitrated at the election 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 IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. y .,.l.,, +,, 0., .Til f', OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY � 'h�O lr * 't'IS,... '. A Stock Company 1 400 Second Avenue South, Minneapolis, Minnesota 55401 * p (612)371-1111 Cit ., * °ar `ti ` Byo Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 g? Craig B. Rants, Senior Vice President Attest (1:7710,kuusL President Secretary This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Old Republic 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 I —Requirements; and Schedule B, Part II —Exceptions, and a counter -signature by the Company or its issuing agent that may be in electronic form. 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. PI! Land Title —.tiau:v r96 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The 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. Note: Effective September 1, 1997, CRS 30-10-406 requires 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 any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: (A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material -men's liens. (D) The Company must receive payment of the appropriate premium. (E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio -video communication technology. You may choose not to use remote notarization for any document. PI! Land Title —▪ .tiau:v r96 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. B 0978 REC 01904628 09/24/82 11:50 $6.00 1/002 F 1116 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR1904626 WARRANTY DEED State Documentary Fee DatetSEP..2.4..i ,.. $ 4:.s...'o..-.. KNOW ALL MEN BY THESE PRESENTS, that FAIRMEADOWS LAND COMPANY, a Colorado corporation whose address is P. 0. Box 836, Greeley, Colorado 80632, for the consideration of other valuable consideration and Ten Dollars, in hand paid, hereby sells and conveys to WELD COUNTY MUNICIPAL AIRPORT AUTHORITY, a body corporate and politic of the State of Colorado whose address is P. 0. Box 727 , Greeley, County of Weld and State of Colorado, the following real property in the County of Weld and State of Colorado, to -wit: THE DESCRIPTION OF THE PROPERTY HEREBY CONVEYED IS ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE AS EXHIBIT A with all its appurtenances and warrants the title to the same, subject to the 1982 taxes payable in 1983, rights of way and easements created by instruments of record or established on the premises, reservations, exceptions, covenants and conditions created by instruments of record, oil and gas lease recorded in Book 936 as Reception No. 1857783, Weld County Records, and rights of users, if any, to the Robert S. Davis Pumping System, Well and Water Distribution System and any and all easements therefor as disclosed by instrument recorded in Book 1372, page 275, Weld County Records. `'' `' Signed this ::,1.‘.,, `oo\I s 14,,..E Ito . ',. % ,i '%r'•. �' r I. ,�S 'cretary • • •�....•• Oc " �1„tS�1Aa'1��OF COLORADO ) 0 day of September, 1982. SS. COUNTY OF WELD ) FAIRMEADOWS LAND COMPANY a Color -moo •rpor:tion By President The foregoing instrument was acknowledged before me this 20th day of September, 1982 by F. STANLEY DAVIS as President and DONN R. VORNHOLT as Secretary of FAIRMEADOWS LAND COMPANY, a Colorado corporation. Witness my hand and official seal. My commission expires October 1, 1985 Address 'taryUPublic 1007 9th Ave. Greeley, CO 80631 H 0978 REC 01904628 09/24/82 1 $6.00 F 1 1 17 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A A tract of land located in the Wh of Section 3, Township 5 North, Range 65 West of the 6th P.M., and being more particularly described as follows: COMMENCING at the Northwest corner of said Section 3 and considering the North line of the NWT to bear S88°46'59"E, with all other,bearings contained herein being relative thereto; thence S88°46'59"E, 2639.83 feet to the North Quarter Corner of said Section 3 and the TRUE POINT OF BEGINNING; thence S01°28'01"W, 2813.20 feet along the East line of the Wh of said Section 3; thence N43°11'00"W, 224.50 feet; thence N60°30'00"W, 425.00 feet; thence N04°38'00"E, 54.30 feet; thence N60°48'00"W, 290.00 feet; thence NOO°52'00"E, 178.00 feet; thence N60°15'00"W, 87.90 feet; thence N87°12'00"W, 75.00 feet; thence S62°04'00"W, 47.90 feet; thence N87°39'00"W, 176.90 feet; thence S77°53'00"W, 119.60 feet; thence N75°06'00"W, 61.90 feet; thence N88°20'00"W, 641.22 feet to a point on the West line of the Eh of the SW4 of the NWT of said Section 3; thence N01°23'30"E, 820.40 feet along said West line to the North- west corner of the Eh of the SW4 of the NW4 of said Section 3; thence S88°59'47"E, 659.43 feet to the Northeast corner of the SW4 of the NWT of said Section 3; thence N01°25'00"E, 1243.97 feet to the Northwest corner of the NE4 of the NWT of said Section 3; thence 588°46'59"E, 1319.91 feet to the TRUE POINT.OF BEGINNING. TOGETHER with 4 shares of the capital stock of The New Cache la Poudre Irrigating Company, 4 shares of the capital stock of Cache la Poudre Reservoir Company, 4 shares of the capital stock of the Bliss Lateral. Company, and the irrigation well and pumping plant located in the NE4 of the above described property. EXCEPTING AND RESERVING unto the Grantor herein all the oil, gas and tither minerals lying in and under the property conveyed or that may be produced therefrom. It is Grantor's intent to reserve the entire mineral interest to Grantor so that none of Grantor's oil, gas and other minerals shall pass under this conveyance. A [222056 5 O•{ B 1270 REC 02220565 07/19/90 12:04 010.00 1/002 P 0523 MARY ANN PEtIERSTEIN CLERK & RECORDER WELD CO. CO QUIT CLAIM DEED THIS DEED, Made this 22nd day or June A990. between Fairmeadows Land Company c/o Charles M. Kurtz 822 - 7th Street, #500 Greeley, Colorado 80631 a corporation duly organised and existing Loden and by virtue of the laws of thhe Stele of Colorado. grantor, and Fairmeadows Liquidation Trust Muriel B. Davis & P. Stanley Davis, Trusties whose legal address is c/o Charles M. Kurtz 022 - 7th street ofthe City of Greeley 'Counlyof Weld W[TNESSETH, That the grantor, For and in consideration of the sum of Ten Dollars ($10.00) State of Colorado. grantee, DOLLARS. the receipt and sufficiency of which is hereby acknowledged, has remised, released. said. conveyed and QUIT CLAIMED, and by these present; does n:mise. release. sell, convey and QUIT CLAIM unto the grantee. his heirs and assigns forever, all the ri f;ht. title, Interest, claim and demand which the grantor has in and to the real property together with improvements, if any, situate, tying and being in the County of Weld and State of Colorado. described as follows: A11 property, real and personal, and any and all interests and/or obligations appurtenant to such property, located within the County of Weld, State of Colorado. x•t,is conveyance shall include, but Shall not be limited to, any and a..l interestb or rights Grantor may have, including mineral interests and rights, in that parcel hereafter described: Township 5 North, Range 65 West, 6th P.M. Section 3: That part of the SEkSO4 and EhSW'SW1/4 lying North of the Eighth Street road. This conveyance shall include, but shall not be limited to, any and all interest and/or right, including all Royalty Interest, Grantor may have as Lesser under the Oil & Gas Lease between Grantor and The Coltean company (and any subsequent assigns) as Lessee, for that parcel hereafter described, as recorded May 14, 1981, in Book No. 936, Reception No. 1857783, in the County of Weld, State of Colorado; Township 5 North, Range 65 Wes.., 6th P.t.i. Section 3: ElINW4, NE4SW4, E'SW ,1W4, E3 NWhSW3/4, and that part of the S1/2Sw4 lying Worth of the Eighth Street road. and number es: rl TCIHOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto g. ndptll 1!(� estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity. to the only proper use, benefit and lAlljlhtce, Iris heirs and assigns forever. The singular number shall include the plural. the plural the singular, and the use of any gender " 1 be Ible tiall genders. xag7 i r e c t o r s [TNESS,1�'HEkEOF, The grar.+.or has caused its corporate name to be hereunto subscribed by its `ii 4lL�E]i i * and its F,xed[ Kxx ��the day and year finabove written. Stan,l - y D V is PAIRMEADOWS LAND COMPANY STATE OF COLORADO County of The foregoing instrument was acknowledged before me this /D ft. by F. Stanley Davis Fairmeadows Land Company My notarial commission expires: r'>;1k tr2/, /99S Witness my hand and official seat, acv « r; •' '' ' , j 3 '[f in Denver, insert "City and. /$.4_ to .10 4 i c : t, No. MB. Pew. 144. Qom CLAIM DEED rCd Off^ •r.; • • PPVIY"a. gisletrainiMaCE By'Y}a11 'i P Director e _ Muriel B. Davis dayof ilkBsYdiiil�idi as Director, ' WSW S W 6th Pot, tLkewood, CO 10214 -- t3O 3$9-6400 i ,'t . a corporation. 347 E 1270 REC 02220565 07/19/90 12:04 X10,.00 2/002 F 0524 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF ARIZONA COUNTY OF M t+ a c e e� ,,Z?" Tlie f of oing Quit Claim Deed was acknowledged before me this 1990, by Muriel B. Davis as Director 0tmaddenx of Fairmeadows Land Company, a corporation. Witness my hand and official seal. My Commission Expires: ��' 4-7,0 \.----------AL STATE OF COLORADO ) ss. COUNTY OF Notary Public The foregoing Quit Claim Deed was acknowledged before me this d,- L• , ~ ay oFairmeadows Land Company1990, ,coorpration Witness my hand and official seal. My Commission Expires: Notary Public ROBINSON. WATERS. � � ra • V RAMO1099 BGHTEENTH TREET,SATE2600 1r• ,ud1„ 4849186 08/17/2022 11:56 AM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $300.00 Carly Koppes - Clerk and Recorder, Weld County , CO Prig Land Title Special Warranty Deed (Pursuant to C.R.S. 38-30-113(1)(b)) State Documentary Fee Date: August 15, 2022 $300.00 Grantor(s), FAIRMEADOWS LIQUIDATION TRUST, whose street address is 7448 SUGAR MAPLE CT, CASTLE PINES, CO 80108, City or Town of CASTLE PINES, County of Douglas and State of Colorado , for the consideration of ($3,000,000.00) "'Three Million and 00/100"" dollars, in hand paid, hereby sell(s) and convey(s) to SUNSET INDUSTRIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY, whose street address is 105 Coronado Ct. Unit A-101, Fort Collins, CO 80525, City or Town of Fort Collins, County of Larimer and State of Colorado, the following real property in the County of Weld and State of Colorado, to wit: THE E 1/2 OF NW 1/4, THE NE 1/4 OF THE SW 1/4, THE E 1/2 OF THE SW 1/4 OF THE NW 1/4, AND THE E 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND THAT PART OF THE SE 1/4 OF THE SW 1/4 AND THE E 1/2 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LYING NORTH OF THE EIGHTH STREET ROAD EXCEPT THAT PORTION DESCRIBED IN DEED RECORDED SEPTEMBER 24, 1982 AT RECEPTION NO. 1904628 Together with 6 shares of the capital stock of the Bliss Lateral Company, and DAVIS WELL 2-14964 (0106281) referenced by Permit Numbers: 14964-R, 98060-VE and augmented by the Poudre Augmentation Plan (0303336). also known by street and number as: 1507 EAST 8TH STREET, GREELEY, CO 80631 with all its appurtenances and warrant(s) the title to the same against all persons claiming under me(us), subject to Statutory Exceptions. Grantor does not own the mineral rights to the Property and therefore, is not conveying any mineral rights. Additionally, Grantor owns no water shares to the Property and thus this contract excludes any water shares. Signed this day of August 15, 2022. (SEE ATTACHED "SIGNATURE PAGE") When recorded return to: SUNSET INDUSTRIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY 105 Coronado Ct. Unit A-101, Fort Collins, CO 80525 Form 1090 closing/deeds/statutory/swd_statutory.html 25196986 (100264305) II I I IIIIII11 II II III 111111 III 4849186 08/17/2022 11:56 AM Page 2 of 2 Special Warranty Deed with Statutory Exceptions FAIRMEA By: IS, TRUSTEE State of County of IGNATURE PAGE )ss. The foregoing instrument was acknowledged before me on this day of August 15th, 2022 by SCOTT DAVIS AS TRUSTEE OF FAIRMEADOWS LIQUIDATION TRUST Witness my hand and official seal My Commission expires: 3 .rZ Z.,O Z3 NotaPublic ERIC BARTZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194009969 MY COMMISSIONCOMMISSiON EXPIRES 03/12(2023 Form 1090 closing/deeds/statutory/swd_statutory.html 25196986 (100264305) HAT PART OF THE SE 1/4 �i • RTH, RANGE 65 WEST OF OSF THE EIGHTH STREET R EXCEPT THAT PORTI TI PPP Land Title -o-OO Grantor(s), FAIRMEADOW 80108, City or Town of CAS *Three Million and 00/100 LIMITED LIABILITY COM Fort Collins, County o wit: 186 08/17/2022 AM Total Pages: 2 Rec Fe- $18.00 Doc Fee: $ O�Carly Koppes - Clend Recorder, Weld 0O O Special Warranty Dee (Pursuant to C.R.S. 38-30-11 IDATION TRUST, whose str INES, County of Douglas a ars, in hand paid, hereby sel , whose street address is 10 er and State of Colorado, t QO )) oQ� .00 my , Co State Documentary Fee(> Date: August 15, 20" $300.00 4 dress is 7448 SUGAR MAPL of Colorado , for the consi convey(s) to SUNSET INDU, O CASTLE PINES, n of ($3,000,000.00) L, LLC, A COLORADO nado Ct. Unit A-101, Fort Coth CO 80525, City or Town of wing real property in the Coy{ Weld and State of Colorado, THE E 1/2 OF,NW 1/4, THE NE 1/4 OF THE SW 4, THE E 1/2 OF THE SW 1/4 OF THE NW 1/4, AND THE E 1/2 OF3HE NW 1/4 OF THE S OF SECTION 3, TOWNSHIP RTH, RANGE 65 WEST OF TIIII PRINCIPAL MERIDIAN, C.JTY OF WELD'it OF COLORADO _5) _5) �Oo �Oo SW 1/4 AND THEE 1/2 OF ' SW 1/4 OF THE SW 1/4 OF $ TION 3, TOWNSHIP TH PRINCIPAL MERIDIAN, TY OF WELD, STATE OF SCRIBED IN DEED RECOR U>SEPTEMBER 24, 1982 AT R ADO LYING NORTH TION NO. 1904628 Together with 6 sl es of the capital stock of the B Lateral Company, and DAVIS`�WELL 2-14964 (0106281) refere Permit Numb: 14964-R, 98060-VE and augited by the Poudre AugmentatPlan (0303336). 4 � O also kno street and number as: 1507 8TH STREET, GREELEY, C 3 wit a i s appurtenances and warranthe title to the same against all p spns claiming under me(us), subjt,lo tatutory ions. A%@Grantor does not own the mi ghts to the Property and ther .q no water shares to the Pros and thus this contract exclud On i O Signed this day otlgust 15, 2022. (SEE ATT"SIGNATURE PAGE") 4 OO s not conveying any mineral water shares. When recort . turn to: SUNSET ND 7_A-101,,ACollins, COLORADO LI ITE Zo�ILITY COMPANY 10CO052) OO�� O� 00�� rm 1090 closin /deeds/sta swd_statuto html 196986 g ry O\0 0264305) Additionally, Grantor owns 00 4 0 ' O IIIIIII II II III II II I I �° OU 0 FAIRMEA By: State my of The foregoing instrument w FAIRMEADOWS LIQUI 4849186 �Q Page 2 ial Warranty Deed with futory Exceptions IGNATUJ .1AGE )ss. nowledged before me on this TRUST 4 August 15t, 2022 by SCO, Witness my hand end oicial seal 3 iZ,Zoz-3Q4 e My Commiss.'expires: Q4 @O m 1090 closing/deeds/sta *11 NotaPublic BARTZ ARY PUBLIC ATE OF COLORADO ARY ID 20194009969 O f'41MISSioM EXPIRES 03/1212 4 ob swd_statutory.html t�c 4 ob 7/2022 11:56 AM OQ 4 DAVIS AS TRUSTEE OF 4 25196986 (100264305) B 0978 REC 01904628 09/24/82 11:50 $6.00 1/002 F 1116 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR1904626 WARRANTY DEED State Documentary Fee DatetSEP..2.4..i ,.. $ 4:.s...'o..-.. KNOW ALL MEN BY THESE PRESENTS, that FAIRMEADOWS LAND COMPANY, a Colorado corporation whose address is P. 0. Box 836, Greeley, Colorado 80632, for the consideration of other valuable consideration and Ten Dollars, in hand paid, hereby sells and conveys to WELD COUNTY MUNICIPAL AIRPORT AUTHORITY, a body corporate and politic of the State of Colorado whose address is P. 0. Box 727 , Greeley, County of Weld and State of Colorado, the following real property in the County of Weld and State of Colorado, to -wit: THE DESCRIPTION OF THE PROPERTY HEREBY CONVEYED IS ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE AS EXHIBIT A with all its appurtenances and warrants the title to the same, subject to the 1982 taxes payable in 1983, rights of way and easements created by instruments of record or established on the premises, reservations, exceptions, covenants and conditions created by instruments of record, oil and gas lease recorded in Book 936 as Reception No. 1857783, Weld County Records, and rights of users, if any, to the Robert S. Davis Pumping System, Well and Water Distribution System and any and all easements therefor as disclosed by instrument recorded in Book 1372, page 275, Weld County Records. `'' `' Signed this ::,1.‘.,, `oo\I s 14,,..E Ito . ',. % ,i '%r'•. �' r I. ,�S 'cretary • • •�....•• Oc " �1„tS�1Aa'1��OF COLORADO ) 0 day of September, 1982. SS. COUNTY OF WELD ) FAIRMEADOWS LAND COMPANY a Color -moo •rpor:tion By President The foregoing instrument was acknowledged before me this 20th day of September, 1982 by F. STANLEY DAVIS as President and DONN R. VORNHOLT as Secretary of FAIRMEADOWS LAND COMPANY, a Colorado corporation. Witness my hand and official seal. My commission expires October 1, 1985 Address 'taryUPublic 1007 9th Ave. Greeley, CO 80631 H 0978 REC 01904628 09/24/82 1 $6.00 F 1 1 17 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A A tract of land located in the Wh of Section 3, Township 5 North, Range 65 West of the 6th P.M., and being more particularly described as follows: COMMENCING at the Northwest corner of said Section 3 and considering the North line of the NWT to bear S88°46'59"E, with all other,bearings contained herein being relative thereto; thence S88°46'59"E, 2639.83 feet to the North Quarter Corner of said Section 3 and the TRUE POINT OF BEGINNING; thence S01°28'01"W, 2813.20 feet along the East line of the Wh of said Section 3; thence N43°11'00"W, 224.50 feet; thence N60°30'00"W, 425.00 feet; thence N04°38'00"E, 54.30 feet; thence N60°48'00"W, 290.00 feet; thence NOO°52'00"E, 178.00 feet; thence N60°15'00"W, 87.90 feet; thence N87°12'00"W, 75.00 feet; thence S62°04'00"W, 47.90 feet; thence N87°39'00"W, 176.90 feet; thence S77°53'00"W, 119.60 feet; thence N75°06'00"W, 61.90 feet; thence N88°20'00"W, 641.22 feet to a point on the West line of the Eh of the SW4 of the NWT of said Section 3; thence N01°23'30"E, 820.40 feet along said West line to the North- west corner of the Eh of the SW4 of the NW4 of said Section 3; thence S88°59'47"E, 659.43 feet to the Northeast corner of the SW4 of the NWT of said Section 3; thence N01°25'00"E, 1243.97 feet to the Northwest corner of the NE4 of the NWT of said Section 3; thence 588°46'59"E, 1319.91 feet to the TRUE POINT.OF BEGINNING. TOGETHER with 4 shares of the capital stock of The New Cache la Poudre Irrigating Company, 4 shares of the capital stock of Cache la Poudre Reservoir Company, 4 shares of the capital stock of the Bliss Lateral. Company, and the irrigation well and pumping plant located in the NE4 of the above described property. EXCEPTING AND RESERVING unto the Grantor herein all the oil, gas and tither minerals lying in and under the property conveyed or that may be produced therefrom. It is Grantor's intent to reserve the entire mineral interest to Grantor so that none of Grantor's oil, gas and other minerals shall pass under this conveyance. 1111tT.oLAI 1y 0.�-1tMt •e'1.•,M►Iw ,a tr.raw, r,.— a«1 ru**yrrtiti . **NNW*. 0164010, Xhis aced, it'ado this / • >r. day of )c4 7, in the year of our Lord one thousand eight hundred and eighty- c4-,;. /21- ** State of Colorado, of the first c�Cr� -,rye r � ✓> r � Cf-t �f - STATE OP COLORADO, County of Weld. 184. This OW-Galinwas filed for record a!`4 o'clock 4f., �c l4'%vm rJ ./kt !' iiMitnesseth. That the said part ti of the first part, for and in consideration of the sum of DOLI✓IItS to the said party, of the first part in hand paid by the °said party of the second part, the, receipt whereof is hereby confessed and acknowledged, ham remised, released, sold, conveyed, and QUIT -CLAIMED, and, by these presents low,. se-ryaremise, release, sell, convey and QUIT -CLAIM Jf unto the said part of the second part, ;6 r e�. .ors and assigns forever, all the right, title, interest, claim and demand which the said, party of the first part ham in and, to the following described 4/€i-1.4/. ? -:.- 4r/situate, lying and being in the County/ of 6i^e�ld, and Stale of Colorado, to wit: G7ifrju •.--____ t--;1-/ .g?',1-4C76 fir•.!:- -r - � 4A _ ei--_. - .P. d --... .-d�-G4,.1 ..tom .,.2-e-e-r-ce-a-d-rt'rv..- _. a-7" _ e,?,4atq,''LA/ ,,,:i. 4 l;. le€e y L -f <1v r�r�-s-l^ !7 r___ _ f --r • 7 .G6C1---.�.-:?�`.-.� 4cr , = r-GrAl�z. . -L-r- z i��v sl-G1-r t!' _��4 irG - -- rit--6 l� r c. l2/c.-z 6- , L� ---7.--,0-744., 0-e-2---44/.---/-14:4-/-1 A.;o gaue and to Auld the Sam? Togetherwith all and singular the appurtenances and privileges thereunto belonging or in, anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, . of the said part of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part7 of the second part, -"-s •2e- -e- - .1sein. and assigns forever. mt.tntss whereof, The said part of the first part hao hereunto set hand and seal the day, and year first above written. SIGNED, SEALED AND DELIVERED IN PRESENCE OP .. , .... .. by twrtlry that lu and for said County, la thetttato aforesaid, do hen 11 persssaliy known to we to be tbo pets, wbae nano -1A, subscribed to the aasasad deed, appeared before we this day In person and aeknowlsd1lwl that, signed, scaled end dalrvstsd the said instrument of verities so tee and rebutters set, for the uses sad purpose therein set forth. wife Os rigs by tae es ands awl bssriog o bwbasd tea geoid leads et will ka�trg bast y ats nestle sad filly spiel ksr, eM sow t see out, M y ogee some, hat Wen owlet saybard aid t1esiM41 �H M usal, ws„ t J '1^ 1'44 'N ur dad lb* raid <il1LT-CILALIt D IItiD,—Rohe-•M,--hta M.Ml no*Pss,, Morro MI Mw,./..rwN., marr.wrr,, CAM/.. STAT E OF COLORADO, FF, County of Weld. TAIs Qait•Claim Peed was filed for record a!!: u o'clock ri rlfrik b 'I ltreorrter. in, the year of our Lord one thousand eight hundred and eighty- 1'1,/,-/ of the C, -County/ of raid Stale of Colorado, of the second -- • ZROUncssetjt, That the said party of the first part, fora,Pld in' consideration oJ'the suns, of �rn / M 1,,V1,,./d /• ,:1/,..144,e4/- 1 /,.14 Le4i/- 44,1,,44,1,,60 ,J! -2,J1 . h ll L O..Ilf S, to the said parPf of the first part in ha ,d paid by the said part' of the second part, the receipt whereof is hereby confessed and acknowledged, had. remised, released, sold, conveyed and /l UIT-CL.l1L41 ED, and by these T r ✓IL/U unto the said, parte/ of the second part, prose is do�, remise, release, sell, convey and �l l II. -C�I heirs and assigns forever, all the right, title, interest, claim and demand ivr'i,ach the .said part/ of the first part hat in and to the following ,described_ ,. 64->i..: _ . situate, lt/ili4 and braid;i in, the Count of' Weld, and State of Colorado, to wit: �;, o r /44-1,e7-i-u C%'9 cr' (_/!--7-4.,>,:-42jw-6':'0`. 44',74! (7) --r- � (y r/1; i 1 •-.f1, , s Lane and to Mold the lame, Together with all and singular the appurtenances and thereunto belonging or in, anywise thereunto appertaining, and all the estate, right, title, interest whatsoever, of the said part. -c7 of the first part, either in law or equity, to the only proper use, benefit of the said partn7 of the second part,. _ .L"^' heirs a n d assigns forever. _ A lYcaltattness x`+ .hereot, The said part, of the first part hie± hereunto set. seal the day and year first above written. SIGNED, SEALED AND DELI I V EKES) IN PRESENCE SENCE t1t' hi and for raid County, in the Mato aforesaid, do hereby certify that privileges and claim and behoof Band and .................... ;peraoaahy *mown toale tobothepaters• r40+tsauao t.. subscribed tothe annexed deed, appeared before nu usia stool, sealed sad delivered the said last rimiest of wrhtst as . -'ff. t" tt*4 a.t %Waistsry rid. for the uses and purposes thereto ,et forth. 'star of tit *sal \ \\\ of writia bevies by me lasts and teaes+satMNarors swot trlvra owner buy hood aM... _ sties heels b re essasised art and uy► set v+at at •I . f buabaa. and thu a esplalsrd w , the *A new t4} sae ►retry asd Mlrrtarilc tors tad the + g tees of tsr w1 v W MrwY attar IMw1 .3 f Enf day i. ,f. �� f••t t;, �s-vin. / f � : /1,74$ 273 oL e G cev--w+cL q..1 �',�,� Q d/ mot,. 9e -al S7 • 12-e..2-4 • za Ma g 34,1.7 .�_ 1 Fs 8 q.Tii',;6,/ 9 �— i-.n,l"'N..�-!..u�.a.�. c� a.�.�l, Z�w..u, ;c,vJ�u�a,�., /1-4--.( .do . '. Jn e tCs� ✓I' �f LQ/ `QLLf/i G� Vl/I/ �G.L3/(/L� LL'd .. o- u .zi7L 41 0-L91/ F 3T PJUAL SEAL K 3cA-qy-.L Per. 4,,d4e,./17 e.,,,„,,,,.444;.4 .,acvi„ ,- F.. Lt0." v„4 1 (re e•-‘-tH -4-4/17- '14 ✓4 /t e-w� e� �✓�x� a o�/i e/J�.w✓ 4 2'- Ac, .µ,em 4. At., © w „a„--A-.;ere., 714 -d7 6.127 -qfr Oe/L-4e47, LcA iEcg,( ot—,27 48S1,444 --b. �.� /eu-� d-fAt 47te,� it/L /PE �t'J1,C Gi ✓J.� -�✓ Z 4 7 744,62+4 eV i,L, -- 1/ z J�n.u-a/ .I/ � / � Y /. et e,�/l .1 l�l.ivi- 1 F'( ►,P1I.E,6L,1� , /L� v v✓{ u f� I . ✓ /rt !L U,R., u/�, l '✓d J I I l . A /V +Le. . `iJ /IN. }. "►�cr ✓H Y d.i / �iW�-1/✓L mod,' k `� 4O �l� 6.a,�,D{// . ..l ..� . “k (S V 71,:d . /I•. t u vi ei e �/- .. 274 _ ..f/ ✓..... /� V V' .. ... ..V ✓T ✓ . C V 1TV . Q-.1ilr6V / f✓✓✓L J (,O..i 1TV. L4/, /,V- ! . . 4 z - d .'1 -C ems., 8 1 , ,�, .,-� �Q , ,,u ry we 4 14444rk. .,,l/it,cc of ..9 A . ✓�v,_ -� �!'✓ a,�✓ ��✓ �� mil', Pa a , d/ 0 .�i ' ,ate ' ✓ �1— ;�,�, rim, ✓� ✓P , a, �bf e d� �( -vF �n ��i . ti �1 i A.wc <v _ )t -v ✓ I .tea -14 P Y V rve. L�CL d �. /��n/�L t e! �i� ✓J�! J d Ne-w u ✓ e� a/�/i i en-� �/� 2�. p�.Pp.�//-C�L.y.e,✓. ,ya-.,.w-✓l e—_17�VY at�-�.�av_`�--%N.�•�/y�-�JI /�,.�✓(--C.�.v a.,�c- p✓., k.r1;�'wr✓ ev. , CO- ci �ve_cL�,. 7 -4�t e �� ...�L1 ,,tt/: L- �E ,a � �. ✓ a �1/�� Wi t✓ , e e_ �' ' ��u ��C : �� �Di.. %��;�,� 7, 8 , f �.4..-,, 11. ; 9t. , , 38 5'c , .a ' 60 kire.44 .``1,� .� ✓ �� ate✓ err 9r. � �� L. 6d (I p (% J I p ✓1�Lw� oW ati✓ ati-�r� ,uni !J.e-c7 w✓J d of �l o (o ,. n �jLww.vYl / ?' Z , i,..v p ra, 2-weze-�I o1.e cit ct-n_.e-<,+//6o iG Ake. e �vL� e/ . �, �.i,-�v/h.r!Lvw 2 -0 err 3 0. /a e . � . � ��/ d er� -J %� i c %� e-.✓� / .� �vt i Cgy-al cA. e:C / 4:it..e,_„; . �o►e�,,.; .Vraeiz, LI 044 1 Lfr , U/r OLfh,e,c L' a,. „Li �L�✓ �1/ d�a.� 4i c e�/l ✓� e o�i o' of VV , e�c e r 0L � /, 1Cu .� e f, a,� ¢ ��we ems. e ems✓ i e �i/IGi a c .! cn vr. - cu�v'„%,�b'ti�' �Q{✓4i�--oi�,..Y�t�cR/Pn,.N-er,!', ...Vo.--,-s�L_ .a�..�:vo'[!W.e,✓. ?� /7.v,.eo-, a!Wt e r, , ems,/ f..._ `!aLo- • ci%V c�. A!I� YI..a_ oti✓.... a .a d/ .. id. e �.d ._ . u /�.. �:�Le�_4) c /.,.'�. ye� e,✓ L e ,� e e7r d 4 A7I • ,. a At `:t" i „;..., • ,a.. 4—,e.,Vi.1 4,4 /�V1�� 2d b o l�. "a� • . r . �r�✓ .� ..�..t g.8 9.. _ I• rRa.wr r> a. -6w ♦wa Valet, wwrrr raTnMIT.-.........�...._,.,....... w,.,. �...., 7HE UNITED STATES OF AMERICA, Certificate 2,:r„_ To all to Whom the.. Presents shall comae, GREETING: fore vi, ha.% deposited in the General' Land Office of the !smiled .States a Certittente of the Register of the Land Office at ° _ , °.• - - whereby it appears Mal full payment has been made by the said accentiar to the provisions of the _•let of Congress of lie Jylk of April, 1830, entitled "An del making farther pro- rision for the sale of the Public Lands," for according to the Official Plat of Ike Surrey of the sat t Lands- returned to the General Land Office by the Surveyor General, which mid Tract Ica" been purchased by the said lrec. Now Snow Ye. That the United Stales of "Interim, in consideration of the premises, and ice. conforauly with The several Ads of Congress in suchease made and provided, have giren and granted, arui by these presents do give and grunt unto the said. `.- _ _.. and to._ ac.: . heirs, the said Tract above described: To Have and to Hold Gee same, together with all the rights, privileges, immunities and appurtenances. of whatsoever nature, thereunto belonging, onto the said and to ;cc:, heirs and assigns forever; subject to any vested and accrued a e'er rights Pa- raining, agri- cultural. manufacturing or other purposes. and rights to ditches and reservoirs used in connection with such mater rights as may be recognized and acknowledged by the local customs, laws and decisions of (burls. and also subject to the right of the proprietor of a rein or lode la extract and remove his ore therefrom, should the $stun. be found to penetrate or intrr.rr( the prrmisrs hereby wanted. as provided bl,- law, „ , „ . Zn iflitittnaosar Whereof, `I, i „Preshiali 6r Mc aura Mtn of Anti, hare sassed these letters to be made palest, and the Seal of Ile• General Land Office to be hereunto affixed. GENz %). . 'C ISB1AZ..l GI'r.n under my hand, a1 the lily of Washington, the ..' r:.;G< : • _ .1n the year of our Lord one thousand eight hundred and:::: r• 7 •.- , and of the Independence of the United .Stoles the one hundred and AY TIDE PRESIDE-VT:..:1 Reeordert/ Vol. r. Saga filed for Record the ..'; day of r...... )J.t.,.,....... .................. Secretary. Recorder of the General Land 0nloe. A. 1)° i8, r!, at ,n =° o'alook _s V -016 0- !r:. r.t.�t "1 BOOT 1372 fAcE2775 .: OUT 22 1953 c "j Rwcord.2d • of CIcc!cJ__. M. 0 RQ eption1 t(621° Ann Spomer, Records, ;t013 tT S. • DAVIS PUMPINR SYSTat FINDINGS 1. The nano of the structure by rsoans of which water is drawn • and diverted iS R0B%tiT S. DAVIS PUltPI11U :3Y�Tiri. 2. The nano of claimant is Robert S. Davis and Mu post office addreee is 712 10th Stroot, Crealay, Colorado. 3. The soarce of supply from whic:► water is drawn and diverted is underground, or rub -surface water in aubterranoan water bearing strata underlying lahxis errand by claitort and others, w.iich is not naturally tributary to any natural stroam, and which is pumped• to the surface Sroa the well of the Robert S. Davis Purcping System. • the well is located in Section Three (3), , Tounalli_p Five (5) North, Ranee sixty— five (65) Vest of t e 6th P. Ii., in Weld County, Colorado, at a point 39 tout ooutlh of the north line and 11.E £4 of oast of the went lino of the 115;; of the Iidj of said Section 3. 1t. A general ppyuica1 description of the structure and installa- tion by means of which the appropriation of water is acco..iplished is as follow©: One drilled wall at location duscribad above. The Well is 75 feat deep, with steel casing 18 inchoe in diar.etor, perforated through the lower 21 feet, with pulp installation having a capacity of 750 gallons, or 1.67 cubic foot par &ecand of tine. From said well and punp location ditchea are constructed in an easterly and southerly diroctian to carry the water to. places of use for irrigation,. or oupplcrental irrigation, of apprcx:rutoly 110 acres of land owned by and doscribod an follows, to -wit: The Northeast Quarter of the Northwest Quart►cr (t.4."rl;i ), the East Ralf of that Southeast Quarter of the Ziorthwost • Quarter (L'13':t)ilii), the Southeast Quarter of Thu c.orthweat imIuarter (3L;NNd), the East half of the Northt:est Quarter BooK 1372 PAGE276 6 ���,„ d the dortheast of the Southwest •�ua.r Quarter { ia,s ), are Quarter of the Southwest Quarter (NE .S: A:) of :section Three (3), Township Five (5) North, Range S :ty-five (65) West of the 6th P. =., in Ueld County, Colorado. Said lands, and all bordering lands, are irrigated fro ditches taking water from the Cache la Poudre River. The eater table from. which .hater is pumped h=.s a static level of 28 feet below the surface of the ground when not being pur.ped, :nrrd varies dorm under sustained pumping to apr,rox'i.2aately 4G feet. Said water is not trihutarT to, or ony part of, any known or natural ntrea;a, and would not in natural course apprcca ::ly xagg ant the flow of any natural svre,7m and except for that fraction eorr'..su teu by crops L:nc'l evaporation, the water so pumped and spread on t`:iu land is bro7uif t from a Iligher to 4 lower level in the watr district at a .3ro rapid ante t aan would be acco,aolished if CIE rater wre e to rcf:17lin in its natural condition, nil 'ater not censumcct :.`L'�:1l n'.••'..9tLes tue under -lying c�:>nuit' �n, -:.,;� _ lying uater bearing strata. 5. The initiation of the original r)l)rj ltion ,:ms by c`.mmitencei;icnt of construction of the well on June 1, 1936. 6. Me well was co;apieted ^ncl pump installed and operated to tue capacity ciiai.:;ed, and the water war; ?{';plied to beneficial use in irriga- tion ljth due di].iyQence. 7. The araount of water er claiir.cd by on ri:ral c:). ,;;tructi :>n -'nd a pi>ro- pri a tion is 1.67 cibi c feet per second of tinA • The use of the water appropriated is for irrigation of appr7_' Jantely 110 acres of land above described, and. the anount eppIo})?.';.a'ed a L reasonable amount necessary to supplement the :;u.N)1y of irrie,ai:i.ori ': niter for said land heretofore anJ now being taken from ditcue water from the Cache la Poudre liver, and the laount appropriated t;orre,- lates to the need, of claimant and any others o2-aiag lairs overlying the same distinct source of underground waters diverted by said 1wel . BOCK 1372 PA GE277 --3- CONCLUSIONS OF LAW As a matter • of law and equity the claimant is entitled to a decree permitting him to pump and divert and use water from the distinct source of the underground or subsurface water described for the irrigation and supplemental irrigation of his -said lands in the amount of 1.67 Well cubic feet per second of ₹ti.me, with Subterranean Water/Priority No. /2 3 S. W. as of date June -1, 1936. DECREE IT IS, THEREFORE, ORDERED, ADJUDGED ', D DECREED, That the party or parties entitled thereto be permitted to pump and divert from the, well of the Robert S. Davis Pumping System located in Section 3, Township 5 North, Range 65 West of the 6th P. in = eld County, Colorado, at a point 39 feet south of the north line and 14 feet east of the west line of the ;.E`: of the Wt -, of said Section 3, the subterranean waters described in the foregoing Findings at the rate of 1.67 cubic feet per Well second of time with Subterranean Water/Priority No. //23 S. W. as of June 1, 1936. Noult372 i345E2-78 STATE OF COLORADO ) ss COUNTY OF LARfl R ) C E R T X F .CAT L T, Kenneth A. Johnson, Clerk of the District Court of Larimer County, the same being a Court of Record, In the State aforesaid, do hereby certify the above and foregoing to be a true, perfect and complete copy of that certain portion or a decree relating specifically to structure identified as ROBERT S. DAVIS PUMPING SYSTEM and dated and entered September 10, 1953 in case numbered 1121? in said Court and entitled: "in the Matter of the Adjudication of Priorities of Rights to the Use of Water for Irrigation and Other Beneficial purposes in Water District No. 3, Water Division Noa 1, State of Colorado" and subject to the general and paramount conditions and provisions of said decree. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court, at Fort Collins this 16th A.D. 19. C3 day of October —11 By Deputy Clerk MAY 141981 ,,,BOOK.. RECEPTION..] DATE..TIME..ga, (it 'Y ANN FEUE�?STElN, Clcr dnd Recorder, Weld County, Colorado PRINTED BY WILKIN13 PRINTING. INC..1026 OLENARM PLACE DENVER COLORADO 80202 13031893.1 ,181 FetrmNfi—(I'rndufera)C Rev 1974 OIL AND GAS LEASE Klan,. Ollie. & Colo, .1957 TIII$ AGIIEKMI NT, Entered into (tilt the.._ _10th _ -,. day of heterett FAIRMEADOWS LAND COMPANY, a Colorado corporation. P.O. Box 836 Greeley, Colorado 80631 The Colton Company, D 204 Petroleum.Center, San Antonio 10 - 78209 he►etnaller calved lessor, Texas hereinafter celled lessee, dues witness: I That besot, for and in consideration of the sum nf-.Ten.&.Mors._ tanners In hand paid end of the covenants and agreements hereinafter contained to be perforrned by the lessee, hoe this day xrnntrdteasel, and let and by these presents does hereby grant, lease, and let eacluelvely unto the lessee the hereinafter ef•serilred hand. and with the unlit to utiC it this Ienee or any part thereof with other nil and ea, leases an to all or any part of the binds covered thereby on hereinafter provided, for the purpose of carrying no giotootral. geoph,sical land other exploratory work, inciudma core drilling, and the Wilhite. mining. and operating for, 'maturing. end saving nil of the nil, ans. castnthead gas, ca►inthead apsoline and all other asses and their respective constituent vapors.. and tar eanatructing roads, laving pip, lute., butithox umka, storing oil, building waste it idiom telephone lines and other ntrurt'area thereon rterrnnery or convenient for the rcunundrul operation of said land alone or conjointly with itriahiroring tends, to produce. save. take care of, and nsaoufecturr all of Milli subdtuinMA, and for housing and turtling employees, said tract of land with oily reversionary rights therein being situated set the Cow'ty, of Weld . Male of .Colorado , nod described at foliuwa• Townshi S North As. a 65 Weet 6th P.M. Section 3: E NWT, NE3/4S4, E SW NW , E NWkSWJ, and that part of the SSW; lying north of the 8th Street, road. 2. It la agreed that thle lease shell remain In full force for is term of Five �5} "ears front this Otte. and ae keg tltemeettcr as odt or gas, or either of them, Is produced front said land lei from lands with which tall land is tvmnalldatestr or the premises are holing developed or operated. 3, Ire consideration of the premises the said lessee covenants and agrees: • 7b deliver to the credit ar lessor, free of coat, in the pipe line to which tome they connect Ills veils, the equal oner4idhtb rbol part of all Mt produced and saved from the leased premises. add ronlatnlnI ,6_L_1..._....acrea, more or lens. 4. The lessee shall monthly pay lessor us royalty on gas marketed from each well where gas only In found, one -eighth list of the protests If sold at the well, or if marketed by lessee off the leased premisen. then one -eighth list of its market WOW' st the veil. The lessee shall pay the Wow: Ins one -eighth Oise, of the proceeds received by the knit. from the sale of casivihced gas, produced from any oil yell: obi une.eighth t let of the value, at the mouth of the well. computed at the prevailing market price, of the casinghead gu►, produced from any ml veil and used by Issue oft the teased premise* for any purpose or used on the lensed premises by the lessee for purposes other than the development and operation there( Lessor dhoti have the privilege tt hit oven risk and expense of using gut front any gas well on said lend for stoves and Inside lights in the principal dwelling totaled can the twined premises bp tanking tN.t own connection, thereto. Where gat from s we:1 er echo, .sisale or produttrg gas only, is not "old or taro for s period of one year, lessee Mail pay or tender as royalty, on amount .goal to the•delay rental as provided In paragraph obi hereof payable annually on the anniversary date of this lease following the tad of each with year during which such gal is r.ot sold or tined, and while said royalty is so pald or ienderrd thin lever small be held as a pro.dtieufg property under pare. graph numbered two hereof. 8. If operations for tint drilling of a well for oil or gas ore not commenced on said land on or before the_i0tal day of__ ail., , la_.Y.2 tht% tease shall terminate as to both parties. uttlosa the trace shall wt or before said date pay or tender to (toeleiter or for the latsor'e credit In the -Ji.a'_!Y y._at�tls n .Bank at. _ .. Gree ley. Colorado . 806131._ _ _.. or its successors, which Bank and its sue - remora an the leanor's agent and shall continue as the depository of any and all aums payable under this lease regardless of changes of ownership In acid land or in the oil and gas or in the rentals to accrue hereunder. the mum otOne liundred_.Seventy One.A,001100oolirrs. which shill op- erate ss a rental and cover the privilege of deferring the commencement of operations ibr drilling for a peribd of ooe year. In like manner and upon like payments or lenders the commencement of operations for drilling may further be deferred for like periods successively. All payments or tenders may be made by check or draft of lessee or any assignee thereof, matted or delivered on or before the rental paying date, either direct to lessor or assigns or to said depository bank and it la understood and agreed that the consideration first recited herein, the down payment, covers not only the privilege granted to the date when said fleet rental is payable as afbreaatd. but also the lessee's option of extending that period as aforesaid and any and all other rights conferred. Imsaer may at any time execute and deliver to Lessor, or place of record, a release or releases covering any portion or portions of the above described premises thereby surrender this lease as to such portion or portions and be relieved of ■11 obligations as to the acreage surrendered. and thereafter the rentals payable hereunder shall be reduced In the proportion that the acreage covered hereon to reduced by said release or releases. f. Should the mat well drilled on the above described land be a dry hole, then, and in that event, if a second well is not commenced oo said land within twelve months from eaptr►tion of the last rental period Oar which rental has been paid. thin lease shall terminate as to both parties, unless the lesser on or before the expiration of said twelve months shall resume the payment of rentals in the same amount and In the Lame manner as hereinb.fore provided. And it la agreed that upon the resumption of the payment of rentals. as above provided, that the last preceding paragraph hereof. governing the payment of rentals and the effect thereof shall continue in force lust as though there had beets no Interruption in the rental payments. T. If said tenor owns a less interest in the above described land than the entire and undivided fee simple. estate theretn, then the royalties and rentals herein provided shall be paid the lector only in the proportion which his interest bears to the whole and undivided fee. However. such rental shall be In- creased at the next tucceedine rents' anniversary after any reversion occurs to cover the interest so acquired. e, The lessee shall have the right to use, free of cost vita, oil and water found on laid land for its operations thereon. except water from the wells of the lessor. When required by lessor, the lessee shall bury its pipe lines below plow depth and shall pay for damage caused by Its operations to growing crops ore raid land. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of the lessor, Lessee shall dare the right at any time during, or after the expiration of, thin lease to remove all machinery, fixtures, houses, buildings and other structures placed on said premises. Including the right to druw and remove all casing. Lease. agrees, upon the completion of any test as a dry hole or upon the abandonment of any producing welt, to restore the premises to (heir original contour as near as practicable and to remove ail Inntallations within a reasonable time. f. If the estate of either party hereto la asstgnedrand the privilege of assigning In "hole or In part io expressly altowedl,the covenants nereof shall extend to the heirs, devisees, executors. administrators, successors, and assigns, but no change of ownership in the land or in the rentals at manses or any sum due under thls lease shall be binding on the lessee until it has been furnished with either the original recorded Instrument of conveyance or a duly certified copy thereof or a certified copy of the will of any deceased owner and of the probate thereof. or certified copy of the proceedings showing appointment of an administrator for the estate of any deceased owner, whichever is appropriate, together with all original recorded instruaenta of conveyance or duly certi. fled copies thereof necessary in showing a complete chain of title back to lessor to the full interest claimed, and all advance payments of rentals made bate. under before receipt of said documents shall be binding on any direct or indirect assignee, grantee. deviate, administrator. executor, or heir of lessor. 10 It is hereby agreed that in the event this Iciest. shall be assigned an to a part or as to perta of the above described land and the holder or owner of any such part or parta shall make default in the payment of the proportionate part o1 the rent due from him or them, such default shall not operate to defeat or effect this lease insofar as tt covers a part of said land upon which the levee or any assigner hereof shall make due payment of said rentata- II. tenor hereby warrants and agrees to defend the title to the land herein described and agrees that the lessee, at its option, may pay and discharge in whole or in part any taxes, mortgages, or other liens existing, levied, or ssarased on or against the above described lands and, in event it exercises such option., it shall be &ubrogated to the rights of any holder or holders thereat and may reimburse itself by applying to the discharge of any such mortgage, tax or other lien, any royalty or rentals accruing hereunder. 12, Notwlthatanding: anything in this lease contained to the contrary, at la expressly agreed that if lessee shall commence operations for drilling at any time while this lease is in force, this louse shall remain in force and its terms shall continue so long as such operations are prosecuted and, if production results therefrom, then as long as production continues. If within the primary term of this lease, production on the lused premttes,halt cease from any cause. this lease shall not terminate provided ope- rations for the drilling of a well shall be commented beore or on the next *nautili rental paying date: or, provided lessee hellos or resumers the payment of rentals in the manner and amount herelnbefore provided. It. after the expiration of the primary term of this lease, production on the leased premises shall cease from any cause. this lease stall not terminate provided leaner rrsumers operations for re -working or Milting a well within sixty tin. days Iron such cessation and this lease shall remaln In force during the prosecution at such operations and, if production results therefrom, then as long as production continues. I3. [erase is hereby given ibis right at Its option, at any time and fro= tine to time, to pool or unitise all or any put er pasts of tie sbfvs de- ntinal may landW ill unother dee lad. m . rules,n. yoreggulala ationss in forte vicinity tt lblft such pPoouing or be Into on: pnreoevfed� dhoranr, sstbat 004 S aytakann des Weal ad mad suck minimum by not more than tea acres it such sums M sea eeasry in order to conform to oft tiuehlp subdivisions or lease lines. Lessee shall enacelss said option ea to each desired unit, by esewtlag and rscording• well drilled or oaan instrument ment identifying the unitised use. Any will drilled or oyeratlens estntottosated w the above described land Included to any snob uany port of *gob suds unit *hell be unit such proportion of the actual ions conducted uction from all wells en snob unit as lesser' lea teeest. he allocated to It see. In stab poet, col gledhg4 sn-asae� �be to the entire sarcoma of such unit. And it la understood and weed that production me allocated skull chided a sac iu peymaat or delivery of loyalty, to be the entire production from the piaarps tlemri0e. of the above dueribed lead In- es m es though produced hea tin above described land under the terns of tits Mace. ae,i+ 34, tj f wadeell 4• lard and stipulations shall slimed to, and bth ter an each of the mimed who ins this tease, alg of whether d r is aloof. a prdku of whether It In algtted by any of the other parties herein nnmid as k rs, This less may be algs.d in coon 'each the ea the original. IN yt + l", ain:la<d y and year tiro above smitten. FAI t 1 e .a it 1' , a Colorado corp. -y �t % HL� B retl►y. y , r,Sefcratary ••a n� rr,_ an ey "via, President ''olon tall`,$' i al�\a'ti •mss' 185'7'783 PRINTED BY WILRINS PRINIINO, IND., 1626 OlENARIN PLACE, DENVER. COLORADO 00202 (303) 893.1681. STATE OP .............. » ....»............ °Idahewa, Ituss� N Newels M Ie, Cefalrodo. Dinh, u. COUNTY OP ....._.................„.. »...„.........»..... ACKNOWLEDGMENT --INDIVIDUAL BEFORE ME. the undersigned, a Notary Public, in and for said County and State, on this .................,....,.....»......» .»»....»....„........., dayof........................,., ts.......»...,personally appestred........„».._..........,....,.........,,......_.........,...„»,.....»............»......»................ and . to me known to be the identical person........, described In and who executed the within and foregoing instrument of writing and acknowledged to nu that..........,.............duly executed the same as..............„.........„..,frn and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year hum above written. MyCommission Expires_.....,.......................»......»..........................,...........................,,....»_....... Notary Public. STATE OP ......................................................Oklahoma, 1K New Man e, , `Urah, 118. North COUNTY OP ACICNOWL DGMENi--INDIV AL BEFORE ME, the undersigned, a Notary Public, in and for said County and State. on thta.........._..._.........._..»..__...»........_......._........... dayof.... ................. ....... ........ ... ..... ............. 19........... personally appeared........................._........._.,.»..,......... _..... »... _.„................» ....... ....».. and . to roe known to be the identical pereoa.._„.. described In and who executed the within and foregoing instrument of ti. iUeg rand acknowledged to me that ...................,....dssly executed the same aul......».........._.._..».„free and voluntary act and deed for the uses and purposes therein set forth. EN WITNESS WHEREOF. 1 have hereunto set my hand and affixed my notarial seal the day and year last above written, MyCommission Expires.. ..........».._...._...... ,. Neatr*sy Public. State. of.................C.t%..AkA?i9!............_.............................. County of .Veld ..................._............... .. as. ACIOIOWLBDG1IENI (Per ten by Cam) On this ...................................,........day of..................................April ...,..............,............................ A. D. 19...01.... before me personally appeal F, Stanley.. Davis ..........................................................................,......................., to one personally known, who, being by rue duly sworn, did say that he is the ......Fre.idt3nt .... ..of........F4.?W IEAD..OWS... �?..gQ.I. s..„a...colorado .................. ..... Corporation _........................_......... ......................and that the seal affixed to said instrument is the corporate seal of said corpora. Lion and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said F. Stanley Davie acknowledged said instrument to be the free act and deed of said corporation. Witness my hand and seal this............. ....................................day of....... ......... _..» ... A. D. 19e (SEAL) My Commission expires... ..t :.4..Y .!»''.:. . j ..� .�C Q ` .....,..... b 8 I 3 o 1 a ,t , D 0978 REC 01904630 09/24/82 11:51 $6.00 1/002 F 1123 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ARI9QN630 AGREEMENT FOR RIGHT OF WAY FOR IRRIGATION RUN-OFF DITCH WHEREAS, THE FAIRMEADOWS LAND CO., a Colorado Corporation, (Fairmeadows), under threat of condemnation, has conveyed to WELD COUNTY MUNICIPAL AIRPORT AUTHORITY, (Airport Authority), the real property described in Exhibit A annexed hereto and incorporated herein by this reference, and WHEREAS, Fairmeadows has retained and own the parcel of land located south of the south line of the property described in Exhibit A extending from said south line to the 8th Street Road, otherwise known as State of Colorado Highway No. 263, and WHEREAS, the Airport Authority contemplates farming the real estate described in Exhibit A as an irrigated farm and there will be run-off from irrigation of said property which will run from north to south and unless intercepted and diverted away from the property retained and now owned by Fairmeadows, will drain onto their said retained land. NOW, THEREFORE, as a part of the consideration for the convey- ance to Airport Authority by Fairmeadows of the real estate described in Exhibit A, the Airport Authority does hereby agree maintain, at its expense, an irrigation run-off or waste ditch along the south boundary of said real estate described in Exhibit A, so as to prevent waste water from draining on the land retained by Fairmeadows. Said ditch is maintained for the purpose of intercepting irrigation run-off or waste water resulting from irrigating the real estate des- cribed in Exhibit A and diverting said Water from the south line of said real estate to the east line thereof, where said water will drain even- tually into the Ogilvy Ditch on the Cache la Poudre River. The irrigation run-off and waste ditch shall be maintained by Airport Authority so as to carry all of the irrigation run-off and `waste water that runs to it as a result of irrigation of the real estate des- cribed in Exhibit A. No run-off water shall drain onto the retained land owned by Fairmeadows. Airport Authority agrees to indemnify and save Fairmeadows harm- less from any damage caused from the failure of said ditch to carry the irrigation run-off and waste water for which it is intended but Air- port Authority does not indemnify Fairmeadows for any damage which may result from the run-off of storm water. Airport Authority shall keep said ditch clean and free of weeds, sediment and debris. The provisions of this agreement shall inure to the benefit of and bind the parties hereto, their successors and assigns. y WITNESS WHEREOF, the parties have hereunto subscribed their , 1982. VY P I.day of 5C- FfMAIDLEga— VEST: ° 7 , :I1.�,, � i1+, x'• �s• Secretary „•' - STATE OF ` COUNTY OF WEII.D ) ss. The foregoing instnrrent was acknowledged before rre this 20th day of September, 1982 by F. STPAIL.EY DAVIS as President of THE FA RME DO S LAND OD., a Colorado corporation and H. RICHARD FARR as Chairman of WELD COUNTY MUNICIPAL AIRPORT AUTHORITY. Witness my hand and official seal. My cannissi.on expires October 1, 1985 Gt/ Notary ubli } Address: 1007 9th Ave. Greeley CO 80631 THE FAIRMEADOWS LAD CO. WELD COUNTY MUNICIPAL AI AUTHORITY By: ► 13 0978 I EC 019041130 09/24/82 11:51 $6.00 2/002 F 1124 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO A tract of land located in the W1 of Section 3, Township 5 North, Range 65 West of the 6th P.M., and being more particularly described as follows: COMMENCING at the Northwest corner of said Section 3 and considering the North line of the NSW to bear 388°46'59"E, with all other bearings contained herein being relative thereto; thence S88°46'59"E, 2639.83 feet to the North Quarter Corner of said Section 3 and the TRUE POINT OF BEGINNING;. thence S01°28'01"W, 2813.20 feet along the East line of the W1 of said Section 3; thence N43°11'00"W, 224.50 feet; thence N60°30'00"W, 425.00.feet; thence N04°38'00"E, 54.30 feet; thence N60°48'00"W, 290.00 feet; thence 1100°52'00"E, 178.00 feet; thence N60°15'00"W, 87.90 feet; thence N87°12'00"V7, 75.00 feet; thence $62°04'00"W, 47.90 feet; thence N87°39'00"W, 176.90 feet; thence S77°53'00"W, 119.60 feet; thence N75°06'00"W, 61.90 feet; thence N88°20'00"W, 641.22 feet to a point on the West line Of the E' of the SWk of the NWk of said Section 3; thence N01°23'30"E, 820.40 feet along said West line to the North- west corner of the EJ of the Sigh of the Nile of said Section 3; thence S88°59'47"E, 659.43 feet to the Northeast corner of the SW4 of the NWk of said Section 3; thence N01°25'00"E, 1243.97 feet to the Northwest corner of the NEI of the NWk of said Section 3; thence S1JB°46'59"E, 1319.91 feet to the TRUE POINT OF BEGINNING. EXHIBIT A AR2032274 B 1091 REC 02032274 11/14/85 16:12 $6.00 1/002 gEUERSTEIN CLERK & RECORDER WELD CO, CO F 2001 MARY ANN ___ ACCESS EASEMENT KNOW ALL MEN BY THE=Eo ationThereinafter SCity referredGreeley, Colorado, a municipal co p "Grantor," hereby grants and conveys, through its Public Works tion 3, a permanent leyeasement,icipal Coderandce with in accord with the 13.04.220 of the Greeley agreement concerning conveyance of landbetween eenethe espeartiis, to Fred J. Winters and Fred J. Winters, personal f the Estate of Ann Winters, n for accessCounty, acrossotheabelowedescribed referred to as Grantees, property: A strip of land forty feet (40') in width adjacent to, contiguous with and parallel to the Northerly right-of- way line of State Highway 263 as it now exists across the West 1/2 of the Southwest North, Range65 West / the hofsthe/6th of Section 3, Township P.M., Weld County, Colorado. The access hereby granted shall entitle the Grantees, their successors and assigns, permanent and continuous rights of ingress and egr ess over and across the described property to Grantee's adjoining parcel of land inctheance with agreementsconcerning conveyance 13.04.220 of the Greeley Municipal Code and of land between the parties. The Grantees agree to hold Grantor harmless for any personal injury, death, or property damage caused by Grantees' use of the 7 access. STATE OF COLORADO ) ss.: COUNTY OF WELD ) (� da of Acknowledged before me thisDirector of Public Works, 1985, by C. William Hargett, Jr., THE CITY OF GREELEY, COLORADO C. Wil lam Director Public Work /Water and Departments B 1091 REC 02032274 11/14/85 16:12 $6.00 2/002 F 2002 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR20322?5 B 1091 REC 02032275 11/14/85 16:13 $6.00 1/002 F 2003 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO OIL AND GAS PIPELINE EASEMENT As 0 #9 007 foL KNOW ALL MEN BY THESE PRESENTS, that the City of Greeley, ,�� r Colorado, a municipal corporation, hereinafter referred to as 1'i,cri "Grantor," hereby grants and conveys to Fred J. Winters em �OWW° Estate of Ann Winters, of Weld County, Colorado, hereinafter referred to as "Grantee," a permanent easement for oil and gas transmission lines to be placed on the lands of the Grantor. The easement is described as follows: A tract of land located in the W1/2 SWl/4 SW1/4 of Section 3, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. Said tract more particularly described as follows: Beginning at the intersection of the northerly right-of-way line of Colorado State Highway 263 and the easterly right-of-way line of Cherry Avenue as they now exist. Thence northerly along said easterly right-of- way line of Cherry Avenue, a distance of 40 feet. Thence easterly, parallel to and 40 feet north of the northerly right-of-way line of State Highway 263 a distance of 30 feet. Thence southerly, parallel to and 30 feet east of the easterly right-of-way line of Cherry Avenue, a distance of 40.00 to a point on the northerly right-of-way line of State Highway 263. Thence westerly along the northerly right-of- way line of State Highway 263, a distance of 30 feet back to the point of beginning on the easterly right-of-way line of Cherry Avenue. The permanent easement hereby granted shall entitle the Grantee, their successors and assigns, to come onto said easement to construct, install, inspect, repair, and maintain oil and gas transmission lines. The grant of this easement is specifically conditioned upon Grantee's agreement that Grantee's use, in any way, of the easement shall not interfere, in any circumstance whatever, with Grantor's water and sewer lines installed upon the property. B 1091 REC 02032275 11/14/85 16:13 $6.00 2/002 F 2004 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO The Grantee agrees to hold Grantor harmless for any personal injury, death, or property damage, unless caused by Grantor, involving in any way the use of the easement. This Grant shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the Granto has hereunto set its hand and seal on this 67/A day of , 1985. THE CITY OF GREELEY By STATE OF COLORADO ) ss.. COUNTY OF WELD C. William i'arget€ Jr., Q.E. Director Public Works/Water and Sewer Departments Acknowledged before me this (0 day of�"�'�J./ 1985, by C. William Hargett, Jr., Director of Public Works, City of Greeley, Colorado, a municipal corporation. Witness my band and official seal. My Commission expires: (Y71• WII ICe cl 4:O 4 Address: C 'u a) icl . 7 uck Notari �y Pub] qi��� rat .! C` �) 0 ti AR2032999 • B 1092 REC 02032999 11/21/85 10:50 $12.00 . 1%004 P 1546 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, -CO AGREEMENT Aix AGREEMENT has been reached this 1985, between the owners of the below parcels, herein collectively called Greeley, Weld County, Colorado, here purchase of said parcel or parcels. The amount of money and/or other established as just compensation and.w I day of C7 Te, R '2 designated parcel or the VENDOR, and : the City of in called the CITY, for. the als and in accordance with applicable considerations have been. ere determined by apprais- State laws and regulations. These amounts and considerations, stated below, are to be given following lot or. in full consideration of this Agreement, for the parcel of land in Weld County, Colorado: A tract of land located in part of the SW1/4 of Section 3, Township 5 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, said tract being more particularly described as follows: Beginning at the point of intersection of the northerly right of way line of Colorado Highway 263 and the east line of the SW1/4 of said Section 3 as it currently exists and is monumented by a fence corner. Thence westerly along the northerly right of way line of said Highway 263,_a distance of 2020 feet more or less to the point of intersection of said northerly right of way line and the east line of the W1/2 -SW1/4 of the SW1/4 of said Section 3. Thence northerly along said east line of the W 1/2 SW 1/4 of the _ SW 1/4 of Section 3, a distance of 40 feet Thence easterly, parallel to and 40 feet north.. of said: northerly right of way line of Highway 263, a distance of 1330 feet. Thence northerly at a 90 0 angle to the northerly , ri of way line of said Highway 263, a distance of 25 fe: B 1092 REC 02032999 11/21/85 10:50 $12;.00 2/004 F 1547 MARY ANN FEUERSTEIN CLERK -& RECORDER` WELD` CO, CO. Thence easterly along a line parallel to',and 65: feet north of said northerly right of way line of Highway 263, a distance of 60 feet. Thence southerly along a line at`a.80e angle to said northerly right of way line, a distance of 25 feet to a point 40 feet north of said northerly right of way:'. line. Thence easterly parallel to and 40 feet north of said northerly right of way line of Highway 263, a distance of 630 feet more or less to a point on the east line of. the SW1/4 of Section 3. Thence southerly along said east line of the SW1/4 o Section 3, a distance of 40 feet back to the point of beginning. The above described tract contains less. For Land described above, and Improvements as;follows: Land: Damages: TOTAL: OTHER CONDITIONS: Payment of crop damages current crop is not harvested prior to beginning of construction (0.85 acres at $450.00 per acre = $385.00). The parties agree that Vendor may lease the parcel upon the completion of the City_ construction project. Terms of the lease, if Vendor lease the property, will be negotiated on the completion of construction project. THE PARTIES HERETO FURTHER AGREE AS FOLLOWS:. 1. The Vendor agrees to pay all assessments due at the time of closing, incudin for the current year. s. B 1092 REC 02032999 11/21/85 10:50 $12.00 3'/'004 F 1548 MARY ANN FEUERSTEIN CLERK &.RECORDER WELD CO,:'Co 2. It is agreed the Vendors have entered solely because the City, having the requires this property for a public purpose and intent to place the Vendors in violation regulation or other laws related thereto. 3. Any con'..yances made pursuant to this reserve to the Vendor all minerals including oil and gas under the premises'_ cicccpt whcrc thi -1.# 1. kJ L:J A. 2. 4. The compensation herein provided includes sation for his interest, either present or future, and interest of lienors and lessees of the Vendorand any interests, legal or equitable (except minerals reserved which are or may be outstanding and charge the same. This compensation does not which may be due under relocation law. 5. This memorandum embodies all agreements parties hereto and there are no promises, terms, obligations referring to the subject matter whereof herein contained except for any agreement reached 6. Possession of these parcels shall time payment is tendered unless otherwise provided for in accordance with TITLE III of the UNIFORM RELOCATION ASSISTANC AND REAL PROPERTY ACQUISITION POLICIESACT._<OF 1970. wncrc:: Ay - B 1092 REC 02032999 11/21/85 10:50 x$12.00 .4"/004; F 1549 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, -CO' 7. This Agreement shall be deemedi`acontract extending :to and binding upon the parties hereto, andupon their respective heirs, devises, executors, administrators, legal representatives, AR,2033002 B 1092 REC 02033002 11/21/85 10:55 $6,00 1/002 F 1554 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ACCESS PERMIT KNOW ALL MEN BY THESE PRESENTS, that the City of Greeley, Colorado, a municipal corporation, hereinafter referred to as "Grantor," hereby grants and conveys, through • its Public Works Director in accordance with Section 13.04.220 of the Greeley Municipal Code, to F. Stanley Davis and: Charles M. Kurtz as trustee of Fairmeadow Lictui;dation Trust hereinafter referred to as "Grantee," access across the below described property; A tract of land located in part of the SW1/4 of Section 3, Township 5 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, said, tract being more particularly described as follows: Beginning at the point of intersection of the northerly right of way line of Colorado Highway 263 and the east. line of the SW1/4of said Section 3 as it currently exists and is monumented by a fence corner. Thence westerly along the northerly right of way line of said Highway 263, a distance .of 2020 feet more or less to the point of intersection of said northerly right of way line and the east line of the W1/2 SW1/4 of the SW1/4 of said Section 3. Thence northerly along said east line of the SW1/4 of the"SW1/4 of Section 2, a distance. of 40 feet. Thence easterly, parallel to and 40 feet north of said northerly right of way line of Highway 263, a distance of 1330 feet. Thence northerly at a 90° angleto the northerly right„ of way line of said Highway 263, a distance o€'125 feet. Thence easterly along a line parallel to and 65 feet north of said northerly right of way line of Highway 263, a distance of 60 feet: B 1092 REC 02033002 11/21/85 10:55 $6.00 2/002 F 1555 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Thence southerly along a line at: a 90° angle to said northerly right of way line, a distance; of 25 feet to•a point 40 feet north` of said' northerly' right'of of way line. Thence easterly parallel to:and 4.0_:feetnorth of said northerly right of way line of Highway 263, a distance of 630 feet more or less to a point on the east line of the SW1/4 of:Section Thence southerly along said east line of the SW1/4 of Section 3, a distance of 40 feet back to the point of beginning. The above described tract. contains 1.9 acres more or less. The access hereby granted shall entitle the Grantee, their successors and assigns, ingress and egress over and across the described property to Grantee's adjoining parcel of land in accordance with Section 13.04.220 of the Greeley Municipal Code. The Grantee agrees to hold Grantor harmless for any personal injury, death, or property damage, regardless of the cause, involving in any way the use of the access. THE CITY OF GREELEY, COLORADO C. Willie. Director Public Wo ks/Water and Sewer Departments' Page 2 of 2 Jr., P.E. B 1128 REC 02069386 09/15/86 09:59 $9.00 1/003 F 0044 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2Q69386 QUIT CLAIM DEED 11'` THIS DEED, made this flT day ofl0`a)�.JE'r , 1986, between The City of Greeley, a municipal corporation, 919 Seventh Street, Greeley, Colorado, Grantee, and the Fairmeadows Liquida- tion Trust, of Weld County, Colorado, Grantor, WITNESSETH, That the said Grantor conveys to Grantee whatever interest Grantor may have in all minerals, including and gas, in and under the real property described below: A tract of land located in part of the SW1/4 of Section 3, Township 5 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, said tract being more particularly described as follows: Beginning at the pointofintersection northerly right way line of Colorado Highway 263 and the east line of the SW1/4 of said Section 3 as it currently exists and is monumented by a fence corner. Thence westerly along the northerly right of way line of said Highway 263, a distance of 2020 feet more or less to the point of intersection of said northerly right of way line and the east line of the W1/2 SW1/4 of the SW1/4 of said Section 3. Thence northerly along said east line of the W1/2 SW1/4 of the SW1/4 of Section 3, a distance of 40 feet. Thence easterly, parallel to and 40 feet north of said northerly right of way line of Highway 263, a distance of 1330 feet. Thence northerly at a 90° angle to the northerly right of way line of said Highway 263, a distance of 25 feet. Thence easterly along a line parallel to and 65 feet north of said northerly right of way line of Highway 263, a distance of 60 feet. B 1128 REC 02069386 09/15/86 09:59 $9.00 2/003 F 0045 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Thence southerly along a line at a 90° angle to said northerly right of way line, a distance of 25 feet to a point 40 feet north of said northerly right of way line. Thence easterly parallel to and 40 feet north of said northerly right of way line of Highway 263, a distance of 630 feet more or less to a point on the east line of the SW1/4 of Section 3. Thence southerly along said east line of the SW1/4 of Section 3, a distance of 40 feet back to the point of beginning. The above described tract contains 1.9 acres more or less. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, unto the said Grantee, its heirs and assigns forever. IN WITNESS WHEREOF, The said Grantor has hereunto set its hand and seal the day and year first above written. THE CITY OF GREELEY, COLORADO -Page 2 of 3- B 1128 REC 02069386 09/15/86 09:59 $9.00 3/003 F 0046 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO State of Colorado ) ss. County of Weld ) The foregoing instrument was acknowledged before me .this this./r day o Op Urber, 1986, by aryl / t,i1 C'_1 (Y). ,J Witness my hand and official seal. `\G ,,address is: •��9.PUa ie y.. Collimission expires: • -Eit} a A c Notary Public gin 1 Lt S - -Page 3 of 3- Zdo3 AR2D?3094 B 1131 WC 02073094 10/13/86 15:47 $6.00 1/002, F 0997 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO COUNTY OF WELD ) ) ) SS. AFFIDAVIT OF EXTENSION OF OIL AND GAS LEASES The undersigned, of lawful age, having been first duly sworn upon his oath, deposes and states: 1. That Sunshine Valley Petroleum Corporation is the owner and holder of the oil and gas leases ("Leases") set forth on Exhibit A attached hereto insofar as the Leases cover the NASW4 of Section 3, Township 5 North, Range 65 West, 6th. P.M., Weld County, Colorado. 2. That Affiant is an Attorney -in -Fact for Sunshine Valley Petroleum Corporation under that certain Limited Power of Attorney recorded in Book 1089 under Rec. No. 2030087 of the records of Weld County, Colorado. 3. That each of the Leases is for a definite term of years, days or months from the date thereof and for so long thereafter as oil or gas is produced from the lands covered thereby or land pooled or unitized therewith. 4. That under date of October 7, 1986, but effective as the date of first production from the Sunshine Valley Fairmeadows #12-3 well in the NW4SW4 of said Section 3, the Leases were pooled to form a unit comprised of the said NSW of Section 3 for the production of oil and gas from the Codell and Niobrara formations. 5. That production of oil and gas has been obtained from the Sunshine Valley Fairmeadows #12-3 well in the NWkSWO of said Section 3. 6. That pursuant to Colo. Rev. Stat. §38-42-106 (1973, as amended), William G. Crews as Attorney -in -Fact for Sunshine Valley Petroleum Corporation hereby claims and provides notice of the extension of each of the Leases identified on said Exhibit A beyond its primary term. Further Affiant sayeth not. ' J ' -09kbotcribed and Nl:PUB0C) ton ex 0,: sworn to before me this 8th. day of October, STATE OF COLORADO COUNTY OF WELD Ap foregoing instrument was acknowledged before me this 8th. day of Qctm�1df,1 9fi6, by William G. Crews. SS. Notary Public ) ) ) (1/ITOA.s,-my hand and official seal. • ~f" ...... pQr} e s: '& , r ktoo 1986. EXHIBIT A Cl CO 0 NO. U 3 0 0 w a v} 0 U' C4 N .r Boa aoU M Z ri H off I-4 En gzr a, ow M NZ o Z N � 0 Ua wad x M • 01 H 01 ri to W Fred J. Winters LESSOR T,FSSEE Winters and Ann Energy Minerals Corporation Fairmeadows Land Company The Colton Company 11 LEASE SCHEDULE DESCRIPTION Township 5N Range 65W Sec. 3: NW�NWk exc.1 ac. in NW corner, WiSWtNWt, WiNWtSWt, WiSWISWi N. of Ogilvy Ditch Township 6N, Range 65W Sec. 34: EiWiSWt Township 5N, Range 65W Sec. 3: EiNW*, NE*SWk, EiSWkNWk, EiNWtSWk, and that pt. of SiSWi lying N. of 8th. St. Rd. DATE TERM BOOK REC. # GROSS AC. 02/11/82 4 Years 963 1885465 120.00 04/10/81 5 Years 936 1857783 171.00 /9-,pIIIIIIIIIIIIIIIIIIIWIIIIIIIIIIIIHill III IIIIIIIIIIIII 2798192 10/05/2000 11:21A JA Suki Tsukamoto 1 of 2 R 10.00 D 0.00 Weld County CO VALVE SITE CONTRACT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More DOLLARS ($1O.OO+) in hand paid, the receipt of which is hereby admowledged, Fairmeadows Liquidation Trust, hereinafter called Grantors (whether one or more), do hereby warrant and convey unto Duke Energy Field Services, Inc., a Colorado Corporation, its successors and assigns, hereinafter called Grantee, the right to construct, install, maintain, inspect, operate, repair, replace, change or remove a pipeline gate or gate -valves with any by-passes, right, if Grantee so desires, to build such fences and structures as may be necessary to endose the same, or any part thereof, on the following described land, of which Grantors warrant they are the owners in fee simple, situated in Weld County, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE SW1/4 QUARTER OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO. Said Valve Site being more particularly described on Exhibit "A" attached hereto and made a part hereof. R For the same consideration, Grantors hereby agree that said land may be used for the purposes herein provided as long as any pipelines now or hereafter constructed are maintained upon and over said lands by said Grantee. Said Grantee shall at all times have full rights of ingress and egress to and from said land for the full enjoyment of said Grantee of the rights granted herein. The terms, conditions and provisions of this contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. ' IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals this /9day of �r�fYM i46I -1 2000. THE STATE OF COLORADO ACKNOWLEDGEMENT ss. COUNTY OF WELD Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Sasrrn ir..6oa/fsr, ws T,..w've, known to me to be the person(s) who executed the within and foregoing instrument, and acknowledged to me that he/shelthey executed the same as 10411er/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this / 9 day of ci.v/4. 4 , A.D. 2000. res: MY COMMISSION EXPIRES 8-U.sse 2, oo'/ ACKNOWLEDGEMENT THE STATE OF COLORADO ss. COUNTY OF WELD Notary Public Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person(s) who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , A.D.2000. My commission expires: Notary Public W z rEtt�r-- y4� U) NY4 SEC. 3 2.535.4' 141- S 00 00' 00' E (ASSUMED;y4t 03 lyuno3 PPM 00'0 0 00'04 a Z to Z olotuminsl Pins yr y4Z44 000Z190104 Z6486LZ 111111111111111111111111111111111111111111111111 141 C14 SEC. 3 Y4� 1,707.1' PROPOSED 3" Duke Energy 0 `" 14$ SOUTHWESTERN PA 3.0' 3.0' \*"--EXtSTING 3" Duke Energy PA. ''''''F ---PROPOSED 3" Duke Energy P/L N M PROPOSED 10' X 10' HUMPBACK SITE .o 3.0'1 3.0'2.4' 10 0' O Y4� _ 89' 29' 42" r. Duke A New Kind of Energy. EXHIBIT A SCALE:1"=1 Q' REVISED BY: DRAWN BY:BERNIE T5N R65W SEC. 3 DATE:09/14/2000 DATE REVISED: BOOK No.:2000-07 64.0 FT. 3.88 RODS FAIRMEADOWS LIQUIDATION TRUST PROPOSED 10.0 FT. X 10.0 FT. HUMPBACK SITE Tffis D&417N0 15 ALMD UPON A PR`rlrnrART SOUTHWESTERN P/L TIE IN & 10' X 10' DISK #124 F M � ONN AND +IYPROXIX47: PROP6RiY HUUPBACK StIE WELD COUNTY PROJ. No. .L.E. 111111111111111111111111111111111111111111111111111 fill 3119391 10/22/2003 11:27A Weld County, CO 1 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder NONEXCLUSIVE PIPELINE EASEMENT 391 FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, I/WE, Fairmeadows Liquidation Trust 1750 Windham Drive, Estes Park, Colorado 80517 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, sell, convey, and warrant to Duke Energy Field Services, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement, fifty (50) feet in width for construction and a permanent easement of twenty (20) feet in width for a single pipeline, for the purpose from time to time of constructing, operating, inspecting, maintaining, protecting, repairing, replacing, changing the size of, and removing a pipeline, or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any other substances whether fluid or solid, any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route to be selected by Grantee on, and through the following described land located in WELD County, State of COLORADO, to wit: TOWNSHIP 5 NORTH, RANGE 65 WEST, 6th P.M. Section 3: NW1/4SW1/4 Said pipeline easement being more particularly described on Exhibit "A" attached hereto and made a part hereof. Grantor may lay, construct and maintain, or grant or convey the right to any other person or persons, firm or corporation, to lay, construct and maintain, a pipeline or lines, fences or any desired utility, over and/or through and across the lands embraced in said easement hereby granted, provided however, Grantor herein, his successors or assigns shall not use said right so as to materially impair Grantee's rights to use the same for the purposes herein granted. Grantor has the right to relocate the pipeline shown on attached Exhibit "A", Grantor will pay for all relocation costs incurred by Grantee. Both Grantor and Grantee must approve the pipeline relocation route before any relocation operations begin. Together with the right of ingress and egress to and from said pipeline which will be limited to the pipeline easement and existing roads. It is agreed that the pipeline to be laid under this grant shall be constructed at a minimum depth of four (4) feet below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. In the event that Grantee discontinues to use the pipeline for twelve (12) consecutive months. The easement will terminate and all rights conveyed herein will revert to the current surface owner. Grantee shall have the right to clear ail trees, undergrowth and other obstructions from the herein granted right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said line or lines. Grantee agrees to pay to the owners, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. The easement and rights herein granted may be leased or assigned in whole or in part. Page 1 of 2 tIlllll lulltil lj ll lull l llllt lltt lllltlll Ill lllll Itll tlll 3119391 1012212003 11;27A Weld County, CO 2 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this ( , 2003 signed, seale , and delivered in the presence: Fairmeadows Liquidation Trust 192 Z Susan M. Boulter, Successor Trustee THE STATE OF Colorado ss. COUNTY OF Weld ACKNOWLEDGEMENT day of Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared, Susan M. Boulter, as Successor Trustee for the Fairmeadows Liquidation Trust, known to me to be the person who executed the within and foregoing instrument, and acknowledged to me that she executed the same as her free and voluntary act and deed for the purposes and consideration therein expressed. "° • Given Under My Hand and Seal of Office, this - My commission expires: /6dayof /9 v $ iJy- , A.D. 2003. Page 2 of 2 ry Public U Datei 7/23/2003 r a) N M r 1/4 CORNER SEC 4/SEC 3 ALUM. CAP PLS 20676 N 73 1g 3g W (SURV� ' ' �3z 04' �s a SW1/4 SECTION 3 T5N R65W 6TH PM JERRY D. WINTERS & DIXIE ANN HOFFNER 5 32 ----- 51/16 CORNER SEC 4/SEC 3 ALUM. CAP PLS 7242 LAND SURVEYING AND MAPPING 620 STACY COURT SURE 'B' LAFAYETTE, CO. 80028 Ph 303 666 0379 Fx 303 685 6320 0+63.23 P1 91'07'44" L 1+00 1+57.07 PI 19'51'29" R PROPOSED LEFT HAND METER SKID )PIN & CAP �� PLS 22098 E E1/2 NW1/4 SW1/4 SEC. 3 ID PROPOSED PIPELINE N 8703'10" W 44.60' 0+01.84 PI 91'01'45" L N 01'55'05" E 1.84' 0+00 B.O.L. TANK 1 NOTES: 1.) Locations of utilities and foreign pipelines were determined from best available surface evidence, and utility maps by others. These locations as shown may not be accurate or complete. 2.) Physical features and utilities shown hereon are for graphical representation only. Other utilities may exist and are to be field located by others prior to excavation. 3.) This is not a land survey nor a lond survey plat. 4.) All directions, distances, and dimensions shown hereon ore based on coordinates from the 'Colorado coordinate system of 1983 north zone' (article 52 of title 38, C.R.S.). Latitudes and Longitudes are based on NAD83. FAIRMEADOWS LIQUIDATION TRUST 0 VICINITY MAP 1"=2000' North 40 80 GRAPHIC SCALE IN FEET EXHIBIT A T5N R65W 6th PM SEC.3 46.44 FT. (2.815 RODS) GEOGRAPHIC COORDINATES: B.O.L LAT. 40'25'39.647" N LONG. 104'39'22.757" W E.O.L. LAT. 40'25'38.380" N LONG. 104'39'23.810' W III Duke Energy (Field Services A New Kind of Energy SCALE: 1"=40' DATE: 7/15/03 REVISED BY: DATE REVISED: DRAWN BY: MTC BOOK No.: 103001.73 FAIRMEADOWS LIQUIDATION TRUST KERR-MCGEE WINTER 5-3 & 4-3 NW SEC.3 T5N R65W 6TH PM WELD COUNTY PROJ. No. I 111111 11111 111111 11111 iiiiii 11111 iini III niii liii ini 3525268 12/21/2007 01:50P Weld County, CO 1 of 14 R 71.00 0 0.00 Steve Moreno Clerk & Recorder REQUEST FOR NOTIFICATION (Mineral Estate Owner) Pursuant to C.R.S. Section 24-65.5-101, et seq., as amended, (hereinafter referred to as the "Statute") this Request for Notification shall serve to identify the undersigned, Kerr-McGee Oil & Gas Onshore LP, its successors and assigns, (hereinafter referred to as "Kerr-McGee") as a Mineral Estate Owner, underlying the lands (Surface Estate) described on the attached Exhibit A. Pursuant to the provisions of the Statute, an Applicant who submits an Application for Development to a local government shall send notice thereof to the Mineral Estate Owner. Such notice must comply with and be sent in accordance with the provisions of the Statute. All notices shall be sent to: Kerr-McGee Oil & Gas Onshore LP I099 18th Street, #1500 Denver, CO 80202 Attn: Land Manager/Wattenberg or such other address as Kerr-McGee may indicate by filing of record with the clerk a notification of change of address form or an amendment to the request for notification. Failure by the Applicant to comply with the Statute shall entitle the Mineral Estate Owner to the damages and remedies, both legal and equitable, as provided for in the Statute, or otherwise permitted by the law, including an award of reasonable attorney fees. All terms used herein, including but not limited to Mineral Estate Owner, Applicant, and Application for Development shall have the meaning provided for in the statute. STATE OF COLORADO ) CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me this 21 day of 100 d 2007, by Joseph H. Lorenzo, attorney -in -fact of Kerr-McGee Oil & Gas Onshore LP, a Delaware limited partnership, on behalf of the partnership. Witness my hand and official seal. . Jp� L.L UN SEAL ft -9•• JBO•�Q 6F 0015) My Commission Expires 01/1912011 Signature ,TuAsi L. tk A Name (Print) My commission expires I 11111111111 111111 11111111111 II IIIII Ill 1ILI 111111IL 3525268 12/21/2047 01:50P Weld County, CO 2 of 14 R 71.00 l) 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP RANGE 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N IN 1N 1N 1N 1N IN IN IN 1N 1N IN 1N 1N 1N 1N 1N IN 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 63W 63W 63W 63W 63W 63W 63W 64W 64W 64W 64W 64W 65W 65W 65W 65W 65W 65W 65W 65W 65W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 67W 67W 67W 67W 67W 67W SECTION DESCRIPTION 5 11 12 13 23 24 31 24 29 30 33 35 3 5 6 7 18 20 24 29 35 1 2 3 4 5 6 7 8 10 11 13 15 16 17 18 19 20 21 22 28 29 33 35 36 1 2 3 4 5 7 W/2 SE ALL ALL NW, S/2 ALL NW, SE SE SE ALL W/2 S/2 NE ALL ALL W/2 ALL W/2 NE N/2 S/2 S/2 ALL ALL ALL ALL ALL N/2 ALL ALL S/2, NW W/2 N/2 ALL ALL ALL ALL E/2, NW N/2 ALL W/2, NE ALL N/2 ALL SW ALL ALL W/2 ALL ALL ALL 1 p113 I 111111 11111 111111 11111 111111 11111 11111111 11111 1111 liii 3525268 12/21/2007 01:50P Weld County, CO 3 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE SECTION DESCRIPTION WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N 1N IN IN 1N 1N 67W 8 67W 9 67W 10 67W 11 67W 12 67W 13 67W 14 67W 15 67W 17 67W 19 67W 20 67W 21 67W 22 67W 23 67W 24 67W 25 67W 26 67W 27 67W 28 67W 29 67W 30 67W 31 67W 32 67W 33 67W 34 67W 35 67W 36 68W 1 68W 2 68W 3 68W 4 68W 5 68W 6 68W 7 68W 8 68W 9 68W 10 68W 11 68W 12 68W 13 68W 14 68W 15 68W 16 68W 17 68W 18 68W 19 68W 20 68W 21 68W 22 68W 23 68W 25 68W 27 68W 31 ALL ALL ALL ALL ALL ALL ALL W/2 ALL ALL ALL ALL ALL ALL ALL S/2 ALL ALL ALL S/2, NW ALL ALL N/2 ALL ALL ALL NE, SW ALL ALL ALL W/2 S/2 E/2 S/2 E/2, NW W/2, NE ALL ALL ALL ALL ALL ALL ALL ALL ALL N/2 N/2, SW ALL W/2 ALL ALL S/2, NW S/2 2 of 13 • 111111 1 1II I 3525268 12121/2007 01:50P Weld County, CO 4 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELL) WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP RANGE SECTION DESCRIPTION 1N 1N 1N 1N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 68W 68W 68W 68W 63W 63W 63W 63W 63W 63W 63W 63W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 64W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 33 34 35 36 5 6 7 8 18 19 20 30 1 4 6 7 18 19 21 24 26 27 29 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E/2 NE ALL ALL S/2, NW WI2 ALL S/2 W/2 S/2 W/2 N/2 ALL N/2, SW W/2 ALL W/2 ALL WI2 NE SE S/2 S/2 SE S/2 ALL ALL ALL ALL E/2 SW ALL ALL ALL ALL ALL S/2 ALL ALL ALL NW ALL S/2 ALL W/2 ALL ALL ALL S/2 W12,SE SW ALL 3 of 13 11111111111111 lllllllllllll llll llll 1 llllll 1111111111111 i:�P Weld County, CC 3525268 12/2112007 0 5 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE SECTION WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 2N 65W 65W 65W 65W 65W 65W 65W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 29 30 31 32 33 34 35 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 25 26 27 28 30 31 32 33 35 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 DESCRIPTION SW NE ALL ALL N/2, SW ALL ALL ALL ALL N/2 NE, SW ALL ALL W/2 S/2 W/2 ALL ALL N/2 ALL W/2, SE ALL S/2,NE E ALL N/2 ALL ALL S/2 SW E12 ALL E/2 S/2 S/2 E/2 NE,W/2 8/2 ALL E/2 ALL N/2 ALL ALL N/2, SW E/2 ALL ALL ALL ALL ALL ALL E/2 4 of 13 I1111 11111111111111111111111111111111 3525268 12/21/2007 01:50P Weld County, CO 6 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD SECTION DESCRIPTION 2N 67W 17 2N 67W 18 2N 67W 19 2N 67W 20 2N 67W 21 2N 67W 22 2N 67W 23 2N 67W 24 2N 67W 25 2N 67W 26 2N 67W 27 2N 67W 28 2N 67W 29 2N 67W 30 2N 67W 31 2N 67W 32 2N 67W 33 2N 67W 34 2N 67W 35 2N 67W 36 2N 68W 1 2N 68W 2 2N 68W 3 2N 68W 4 2N 68W 9 2N 68W 10 2N 68W 13 2N 68W 14 2N 68W 15 2N 68W 16 2N 68W 17 2N 68W 19 2N 68W 20 2N 68W 21 2N 68W 22 2N 68W 23 2N 68W 24 2N 68W 25 2N 68W 26 2N 68W 27 2N 68W 28 2N 68W 29 2N 68W 30 2N 68W 31 2N 68W 32 2N 68W 33 2N 68W 34 2N 68W 35 2N 68W 36 3N 62W 18 3N 62W 19 S/2 S/2 ALL ALL N/2 ALL ALL ALL ALL ALL ALL ALL W/2 ALL ALL E/2 ALL ALL ALL ALL ALL ALL ALL N/2 SW ALL E/2 W/2 ALL W/2, SE NE E/2 ALL W/2, NE W/2, SE E/2 N/2 ALL ALL S/2 N/2, SE ALL ALL ALL N/2 N/2, SE ALL ALL ALL ALL ALL 5 of 13 1111111 nuuiiiii i1111 uuii nisi iini ui niii iiW im 3525268 12/21/2007 01:50P Weld County, CO 7 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE SECTION DESCRIPTION WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD 3N 62W 20 3N 62W 29 3N 63W 19 3N 63W 21 3N 63W 29 3N 63W 31 3N 64W 1 3N 64W 2 3N 64W 7 3N 64W 8 3N 64W 9 3N 64W 10 3N 64W 11 3N 64W 13 3N 64W 14 3N 64W 15 3N 64W 17 3N 64W 18 3N 64W 19 3N 64W 20 3N 64W 21 3N 64W 22 3N 64W 23 3N 64W 24 3N 64W 25 3N 64W 26 3N 64W 27 3N 64W 28 3N 64W 29 3N 64W 30 3N 64W 33 3N 64W 34 3N 65W 1 3N 65W 2 3N 65W 3 3N 65W 5 3N 65W 6 3N 65W 7 3N 65W 9 3N 65W 10 3N 65W 11 3N 65W 13 3N 65W 14 3N 65W 15 3N 65W 17 3N 65W 18 3N 65W 19 3N 65W 20 3N 65W 21 3N 65W 22 3N 65W 23 3N 65W 24 S/2 ALL W/2 W/2, SE W/2 W/2 W/2, SE NE NW ALL NW NW ALL SW N/2 NW NW,SE W/2 NW E/2, SW NW W/2 SW E/2 NE S/2, NW S/2 E/2 SE S/2 S/2, NW ALL S/2, NW ALL NE ALL ALL N/2, SW E/2 S/2 W/2, SE NE N12 ALL ALL W/2 E/2 W/2, SE N12 ALL ALL ALL 60113 1111111111111111111111111111111111111111111111111111111 3525268 12/21/2007 01:50P Weld County, CO 8 of 14 R 71.00 l] 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 3N 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 67W 67W 67W 67W 67W SECTION DESCRIPTION 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 N/2 N/2 ALL ALL ALL ALL ALL E/2 ALL ALL N/2 E/2 ALL ALL E12, SW ALL ALL ALL ALL ALL ALL ALL S/2, NE ALL ALL ALL ALL ALL ALL ALL N/2 ALL ALL ALL N/2 N/2 ALL ALL ALL N/2, SW E/2, SW ALL E/2 ALL W/2 ALL ALL ALL ALL ALL ALL W/2 7 of 13 111111 11111 111111 11111 IllIJI 111111111111111111 liii IIII 3525268 12/21/2007 01:50P Weld County, CO 9 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE WELD 3N 67W WELD 3N 67W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD' 3N 68W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD 3N 68W WELD 4N 61W WELD 4N 62W WELD 4N 62W WELD 4N 62W WELD 4N 62W WELD 4N 62W WELD 4N 62W WELD 4N 63W WELD 4N 63W WELD 4N 63W WELD 4N 63W WELD 4N 63W WELD 4N 53W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 64W WELD 4N 65W WELD 4N 65W WELD 4N 65W WELD 4N 65W SECTION DESCRIPTION 7 8 1 7 12 13 14 21 22 23 24 25 26 27 28 33 34 35 36 31 27 28 30 32 33 35 6 7 8 9 16 29 1 2 3 7 9 11 14 17 19 20 25 29 30 32 35 2 3 4 5 ALL ALL ALL NW SE ALL W/2 NE ALL ALL ALL ALL ALL ALL SW ALL ALL ALL ALL SW SW ALL ALL ALL 5/2, NW ALL NW S/2, NE ALL SW ALL NW NE NE NE SE W/2 W/2 SW 5/2 ALL SW S/2 W/2, SE SW ALL S/2 ALL ALL SW E/2 8 of 13 1111111 VIII 111111 VIII111111 VIII VIII III 111111 III IIII 3525268 12/21/2007 01:50P Weld County, CO 10 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE SECTION DESCRIPTION WELD 4N 65W 7 WELD 4N 65W 9 WELD 4N 65W 10 WELD 4N 65W 12 WELD 4N 65W 13 WELD 4N 65W 14 WELD 4N 65W 15 WELD 4N 65W 16 WELD 4N 65W 17 WELD 4N 65W 18 WELD 4N 65W 19 WELD 4N 65W 20 WELD 4N 65W 21 WELD 4N 65W 22 WELD 4N 65W 23 WELD 4N 65W 24 WELD 4N 65W 25 WELD 4N 65W 27 WELD 4N 65W 28 WELD 4N 65W 29 WELD 4N 65W 30 WELD 4N 65W 31 WELD 4N 65W 32 WELD 4N 65W 33 WELD 4N 65W 34 WELD 4N 65W 35 WELD 4N 66W 2 WELD 4N 66W 3 WELD 4N 66W 4 WELD 4N 66W 5 WELD 4N 66W 6 WELD 4N 66W 7 WELD 4N 66W 9 WELD 4N 66W 10 WELD 4N 66W 11 WELD 4N 66W 12 WELD 4N 66W 13 WELD 4N 66W 14 WELD 4N 66W 15 WELD 4N 66W 16 WELD 4N 66W 17 WELD 4N 66W 18 WELD 4N 66W 19 WELD 4N 66W 20 WELD 4N 66W 21 WELD 4N 66W 22 WELD 4N 66W 23 WELD 4N 66W 24 WELD 4N 66W 25 WELD 4N 66W 26 WELD 4N 66W 27 NW, S/2 E/2, SW N/2, SW NE, SW S/2 N/2, SW ALL NE, SW NW, S/2 ALL ALL ALL W/2, SE S/2 N/2, SE SW NW, SE N12, SW N/2, SW ALL ALL ALL ALL S/2 ALL NW, S/2 SE S/2 NW N/2 E/2, SW N/2 NW, S/2 NW, S/2 ALL ALL ALL ALL E/2 E/2 SE N/2, SW W/2, NE S/2 N/2, SW N/2 ALL SE ALL ALL ALL 9 of 13 I 111111 11111 111111 11111 111111 11111 11111 III 111111 III IlL 3525268 12/2112007 01:50P Weld County, CO 11 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE SECTION DESCRIPTION WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD 4N 66W 28 4N 66W 30 4N 66W 31 4N 66W 32 4N 66W 33 4N 66W 34 4N 66W 35 4N 66W 36 4N 67W 1 4N 67W 3 4N 67W 4 4N 67W 5 4N 67W 6 4N 67W 7 4N 67W 8 4N 67W 9 4N 67W 10 4N 67W 11 4N 67W 12 4N 67W 13 4N 67W 14 4N 67W 15 4N 67W 16 4N 67W 17 4N 67W 18 4N 67W 19 4N 67W 21 4N 67W 22 4N 67W 23 4N 67W 24 4N 67W 25 4N 67W 26 4N 67W 28 4N 67W 31 4N 67W 33 4N 67W 34 4N 67W 35 4N 67W 36 4N 68W 1 4N 68W 8 4N 68W 10 4N 68W 11 4N 68W 12 4N 68W 12 4N 68W 13 4N 68W 14 4N 68W 15 4N 68W 22 4N 68W 23 4N 68W 24 4N 68W 30 4N 68W 21 S/2 NW, SE N/2, SW N/2, SW ALL ALL ALL ALL N/2 E/2 SE S/2 ALL NE, SW W/2 SE E/2 SW N/2, SE ALL NW NE, S/2 N/2 E/2 W/2 N/2, SW NE NE N/2, SE NE, 5/2 ALL ALL SE NE, S/2 S/2 ALL ALL ALL E/2 NW S/2 ALL NW, S/2 N/2, SE N/2, SE W/2 S!2 E/2 W12 NW, SE E/2 NE 10 of 13 1111111 nin 111111 11111 111111 niiuuiuii 111111111 liii 3525268 12/21/2007 01:50P Weld County, CO 12 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE SECTION DESCRIPTION WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD 5N 61W 2 5N 62W 18 5N 62W 20 5N 63W 13 5N 631/V 14 5N 63W 18 5N 63W 19 5N 63W 24 5N 63W 29 5N 63W 31 5N 64W 3 5N 64W 7 5N 64W 9 5N 64W 14 5N 64W 15 5N 64W 21 5N 64W 22 5N 64W 23 5N 64W 24 5N 64W 29 5N 64W 31 5N 64W 32 5N 64W 35 5N 65W 1 5N 65W 2 5N 65W 3 5N 65W 4 5N 65W 11 5N 65W 12 5N 65W 13 5N 65W 14 5N 65W 15 5N 65W 21 5N 65W 22 5N 65W 23 5N 65W 24 5N 65W 25 5N 65W 26 5N 65W 27 5N 65W 29 5N 65W 30 5N 65W 32 5N 65W 33 5N 65W 34 5N 65W 35 5N 66W 1 5N 66W 3 5N 66W 5 5N 66W 6 5N 66W 7 5N 66W 9 5N 66W 17 SE NE E12 SW N/2 SE NE E/2 NW NE N/2 NW SW NE N12 N12 SE NW, S/2 NW, S/2 SE SE NW, S/2 SW S/2, NE E/2 W/2 NE ALL W/2 S/2, NW ALL NW, S/2 N/2, SE W/2 ALL N/2, SW ALL NE, SW N/2, SE SW W/2 SW NE N/2 ALL NE, SW NW, S/2 W12, SE NE W/2 SE NW 11 or 13 111111111111111111 11111 111111 11111 VIII I1I 111111 111 1111 3525268 12/21/2007 01:50P Weld County, CO 13 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY TOWNSHIP RANGE WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 66W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 67W 61W 61W 64W 64W 64W 64W 64W 64W 4W 64W 64W SECTION DESCRIPTION 19 20 21 23 24 25 27 28 29 30 31 32 33 34 35 36 1 2 3 5 6 7 8 11 12 13 15 20 21 23 25 26 27 28 29 31 32 33 34 35 36 24 25 16 18 19 20 28 29 30 32 33 E/2 ALL S/2 N/2 N/2, SW ALL W/2, SE NE, SW E/2 NE W/2, NE ALL S/2 ALL N/2, SE ALL NE, SW W/2 NW, S/2 W/2, SE SE SE SW W/2, SE E/2 SE 5/2 ALL NE NW NW, S/2 5/2 NE, W/2 E/2 SE W/2, SE E/2, NW NW, S/2 NE N/2, SE ALL SE N/2 SW N/2, SW ALL SE E/2 S/2 E/2, SW S/2 S/2 12 of 13 111111 111111111111111114111111 LI 111111111111111111111 3525268 12/2112007 01:50P Weld County, CO 14 of 14 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Attached to and made a part of that certain REQUEST FOR NOTIFICATION (Mineral Estate Owner) EXHIBIT A COUNTY WEL❑ WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD WELD TOWNSHIP RANGE SECTION DESCRIPTION 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 6N 7N 7N 7N 9N 9N 9N 9N 9N 1ON 'ION 65W 65W 65W 65W 65W 65W 65W 65W 65W 65W 66W 66W 66W 66W 66W 67W 67W 67W 67W SOW 60W 66W 58W 58W 58W 58W 58W 58W 58W 14 15 17 18 22 28 31 32 33 34 14 28 33 35 36 14 15 20 35 14 16 19 3 4 5 9 10 32 33 SW S/2, NW E/2, SW SW SW SE W/2 ALL ALL SW SW SE NE SE SE NW S/2 SE SE SW ALL SW W/2 E/2 SE ALL NW S/2, NE W/2, SE 13 of 13 111111111111111111111111111111111111111 III IIIII IIII IIII 3721790 09/29/2010 04:31P Weld County, CO 1 of 15 R 81.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO , COUNTY OF WELD. SS IN THE MATTER OF NORTHERN COLORADO WATER CONSERVANCY DISTRICT IN THE DISTRICT COURT SITTING IN AND FOR WELD COUNTY g*9'�� `5 FINDINGS AND DECREE Ccriiticd to be °r ' Copy- of the ora-h i Ps On this 20th day of September, 1937, this cause coming on for hearing upon the petition of R. M. Haythorn and others, for the organization of a water conservancy district under the "Water Conservancy Act" of the State of Colorado, the Court, after full hearing, now here finds, 1. That the petition in this cause for organization of a "Water Conservancy District" was filed in the office of the Clerk of the District Court, sitting in and for Weld County on July 19, 1937, and by order, this Court on said day fixed. this 2.0th day of September, 1937, for hearing said petition, by the District Court sitting in and for said Weld County, at the Court House in the City of Greeley, Weld. County, Colorado. That bond to pay'all expenses connected with these proceedings in case the organization of the L'istrict be not effected, with security approved, by the Court, has been filed in and is a part of these proceedings. 2. That the petition for the organization of a water conservancy district, filed in this .cause, sets forth: (1) (2) The proposed name of the District. That the property within the proposed District will be benefited by the accomplishment of the purposes enume- rated in Section 3 of said Act. (3) A general description of the purpose of the contemplated improvement, and of the territory to be included ir. the proposed District. 6.4 kER -1- 1 1111111111111111111111111101111111111111111111 IIIIIIII 3721790 09/29/2010 04:31P eld County, CO 2 of 15 R 81.00 0 0.00 Steve Moreno Clerk & Recorder (4) The assessed value of all irrigated lands within the boundaries of the proposed District. (5) A general designation of Divisions of the District and the number of Directors of the District proposed for eaoh subdivision. (6) Prayer for organization of the District by the proposed name; and (7) The signatures of the petitioners, with eaoh tract (or tracts) listed opposite the name of the signer and the aeseeeed valuation thereof, and whether each signer is the owner of irrigated lands or non -irrigated lands, or lands embraced in the incorporated limits of a city or town situated in the proposed District° 3. That the Clerk of this Court has caused notice of the pendency of said -petition and of the time place of hearing hereon, by publication of "Notice of Hearing on Petition" in the following newspapers, to -wit: "Longmont Times - Call", a, legal newspaper of general circulation in Boulder County; "The Fort. Collins Express -Courier, a legal newspaper of general circulation in Larimer County; "The Greeley Daily Tribune and The Greeley Republican", a legal newspaper of general circulation in Weld County; "The Fort Morgan Times", a legal newspaper of general circulation in Morgan County; "The Akron News -Reporter", a legal newspaper of general circulation in Washington County; "The Sterling Advocate", a legal newspaper of general circulation in Logan County; "Juleaburg Grit -Advocate", a legal newspaper of general circulation in Sedgwick County° That said publication was made in each of said newspapers once each week for three weeks (four issues) commencing on July 22, 1937, and ending on August lZ, 1937, as more fully appears by affidavits of publication on file -2- 1111111 1111 111111 VIII VIII III 11111111 III 11111 IIII IIII 3721790 09/29/2010 04:31P Weld County, CO 3 of 15 R 81.00 D 0.00 Steve Moreno Clerk & Recorder in this cause. That the Clerk of this Court on said July 19, 1937, caused a copy of said Notice of Hearing on Petition to be mailed, by United States registered mail, to each of the Boards of County Commissioners of Boulder, Larimer, Weld, Morgan, Washington, Logan and Sedgwiok Counties as more fully appears by the affidavit of mailing of said notices by the Clerk of this Court and return registration receipts on file in this cause. 4. That said petition has been signed by more than fifteen hundred (1500) qualified owners of irrigated land situated within the limits of 'the territory proposed to be organized into the District and not embraced within the incorporated limits of a city or town; and each tract of land is listed opposite the name of each signer and each such tract (or tracts), together with improvements thereon, has an assessed value of not less than Two Thousand ($2,000.00) Dollars; and said petition has been signed by more than five hundred (500) qualified owners of non -irrigated lands and lands embraced in the incorporated limits of cities and towns, all situated in the proposed District; and each tract (or tracts) is listed opposite the name of each signer and each such tract (or tracts), together with improvements thereon, has an assessed value of more than One Thousand ($1.,000.00) Dollars; that said petition has been signed and presented in full conformity with the "Water Conservancy Act" of Colorado. 5. That no protesting petition or petitions have been filed, 6. That the assessed valuation of irrigated land, together with improvements thereon, within the boundaries of the District hereinafter described, is more than Twenty Million (-20,000,000) Dollars, and there is no city or city and county included within -3- 1111111 111111111111111111111 III IIIIII111111IIII IIII IIII 3721790 09/29/2010 04:31P Weld County, CO 4 of 15 R 81.00 D 0.00 Steve Moreno Clerk & Recorder the proposed District having a population of more than twenty- five thousand (25,000) an determined by the last United States Census. 7. That this Court has jurisdiction of the parties to, and the subject matter of, this proceeding. 8. That the petition in all respects complies with, and conforms to, the requirements of said Water Conservancy Lot, and the allegations of said petition are true, anct said petition is approved by the Court. 9. That the property within the proposed District will be benefited by the accomplishment of the following purposes, to -wit; Construction of "Works" as defined in said Water Conservancy Act for conserving, developing and stabilizing the supplies of water for domestic, irrigation, power, manufacturing, and other bene- ficial uses. 10. That the purposes for which said District is established are: To acquire and appropriate waters of the Colorado River, its tributaries and other sources of supply, and by means of "Works" as defined in said Water Conservancy Aot, divert, store and trans- port such waters to the Big Thompson, St. Train and Cache la Poudre Rivers and by means of said "Works" and such waters, conserve, develop and stabilize supplies of water for domestic, irrigation, power, manu- facturing and other beneficial uses within and for the territory to be included in the said proposed District. 11. That public necessity exists for the construction of the proposed "Works". 12. That the territory to be included in the proposed District is described as follows;i 1111111 Illii Illill Illil VIII ill IIIllii1 III 11111 1111 lilt 3721790 09/29/2010 04:31P Weld County, CO 5 of 15 R 81.00 D 0.00 Steve Moreno Clerk & Recorder BOULDER COUNTY That portion of. Boulder County described as follows; Sections One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8) , Nine (9) , Ten (10) , Eleven (11), Twelve (12) , Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20) Twenty-one (21), Twenty-. two (22) , Twenty-three (26 , Twenty-four Twenty-five (25) Twenty- six (26), Twenty-seven (27 , Twenty-eight (28), Twenty-nine (29), Thirty- two (32), Thirty-three (33 , Thirty-four (34), Thirty-five (35), and Thirty-six (36) in Township Three (3) North, of Range Seventy (70) West of the 6th P. M. Sections One (1), Two (2), Three (3), Four (4) Five (5), Eight (8)t Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Twenty (20), Twenty-one (21), Twenty-two (22) Twenty.three (23) Twenty-four (24) , Twenty-five (25), Twenty-six (261, Twenty-seven (27), Twenty-eight (28), Twenty-nine (29) , Thirty-two (02Thirty-three (33) , Thirty-four (34) , Thirty-five (35), and Thirty-six (66) in Township Two (2) North, of Range Seventy (70) West of the 6th P. M. All of Township Three (3) North, of Range Sixty-nine (69) West of the 6th P. M. All of Township Two (2) North, of Range Sixty-nine (69) West of the 6th P. M. LARIMER COUNTY That portion of Larimer County described as follows: Sections Thirteen (13), Fourteen (14), Fifteen (15), Twenty- two (22) , Twenty-three (23) , Twenty-four (24) , Twenty-five (25) , Twenty-six (26), and Thirty-six (36) in Township Eight (8) North, of Range Seventy (70) West of the 6th P. M. Seotions One (1), Twelve (12) and Thirteen (13) in Township Sever (7) North, of Range Seventy (70) West of the 6th P. M. Sections One (1), Two (2), Ten (10), Eleven (11), Twelve (12) Thirteen (13), Fourteen (14), Fifteen (15) Twenty-two (22) Twenty- three (23), Twenty-four (24), Twenty-five (25), Twenty-six (26), Twenty-seven (27) , Thirty-four (34) , Thirty-five (35) and Thirty* six (36) in Township Six (6) North, of Range Seventy (70) West of the 6th P. M. Seotions One (1), Two (2), Three (3), Ten (10) Eleven (11), Twelve (12) Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Twenty-one (21), Twenty-two (22), Twenty-three (26), Twenty-four (24), Twenty-five (2s) Twenty-six (26), Twenty-seven (27) Twenty-eight (28) Thirty-three (33), Thirty-four (34), Thirty-five (35), and Thirty, - six (36) in Township Five (5) North, of Range Seventy (70) West of the 6.11 P. M. 111111 11111 11111 11111 11111 III 11111111 III 11111 liii liii 3721790 09/29/2010 04:31P Weld County, C0 6 of 15 R 81.00 0 0.00 Steve Moreno Clerk & Recorder LAR TMER COUNTY (C0NT'D.) l7. ) Sections One (1), Two (2) Three (3), Four (4), Nine (9) Ten (10) Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Twenty-one (21), Twenty-two (22) Twenty-three (23), Twenty' -four (24) Twenty-five (25), Twenty-six y `Twenty-seven (27), Twenty-eight Y'ry( 26) , Thirty-five Thirty-six (28� Thirty-three (33} Thirty -fear (34), Y- (35), and Thirty-six (363 in Township Four (4) North, of Range Seventy (70) West of the 6th P. M. Seotions Fourteen (14), Fifteen (15) Sixteen (16), Seventeen (17), Twenty (20), Twenty-one (21), Twenty-two (22), Twenty-three (23), Twenty --four (24) Twenty-five (25) Twenty-six (26), Twenty-seven (27) Twenty-eight (28), Twenty-nine (29), Thirty-three (33), Thirty-four (34), Thirty-five (35) , and Thirty-six (36) , in Township Ten (10) North, of Range Sixty -..nine (69) West of the 6th P. M. Seotions One (1), Two (2), Three (3), Four (4), Nine (9), Ten (10), Eleven (11) Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16)Twenty-one (21), Twenty-two (22), Twenty-three (23) Twenty-four (24) Twenty-five (25) Twenty-six (26) Twenty-seven (27), Twenty-eight (28) , Twenty-nine (29) , Thirty-two (38), Thirty-three (33) , Thirty-four (34) , Thirty-five (35) , and Thirty-six (36) in Township Nine (9) North, of Range Sixty-nine (69) West of the 6th P:---M-.T4 Seotions One (1), Two (2), three (3), Four (4), Five (5), Seven (7) 'tight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty- two (22), TWenty-three (23), Twenty -,s four (24), Twenty-five (25), Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), Thirty (30), Thirty-one (31), Thirty-two (32), Thirty-three (33), Thirty-four f (34), Thirty-five Y- (35), and Thirty-six (36) in Township highb (8) North, of Range Sixty-nine (69) West of the 6th P. M. • All of Township Seven (7) North, of Range Sixty-nine (69) West of the 6th P. M. All of Township Six (6) North, of Range Sixty-nine (69) West of the 6th P. M. All of Township Five (5) North, of Range Sixty-nine (69) West of the 6th P. M. All of Township Four (4) North, of Range Sixty-nine (69) West of the 6th P. M. Seotion Thirty-one (31) in Township Ten (10) North, of Range Sixty-eight (68) West of the 6th P. M. Sections Six (6), Seven (7), Eight (8), Nine (9) Ten (10), Eleven (11) Twelve (12) Thirteen (13) Fourteens (143 Fifteen (15 Sixteen (163, Seventeen (17) Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21) Twenty-two (22) Twenty-three (23) Twenty-four (24) , Twenty-five (25$, Twenty-six (263, Twenty-seven (27$, Twenty-eight (28), Twenty-nine (29) thirty (30), Thirty-one (31), Thirty-two (32), Thirty-three (33), Thirty-four (34), Thirty-five (35), and Thirty- six (36) in Township Nine (9) North, of Range Sixty-eight (68) West of the 6th P. M. All of Township Eight (8) North, of Range Sixty-eight (68) West of the 6th P. M. All of Township Seven (7) North, of Range Sixty-eight (68) West of the 6th P. M. 6 111111111111111111 VIII 11111 II11111IIII III 111111111 1111 3721790 09/29/2010 04:31P Weld County, CO 7 of 15 R 81.00 0 0.00 Steve Moreno Clerk & Recorder LARIMER COUNTY (CONCLUDED) All of Township Six (6) North, of Range Sixty-eight (68) West of the 6th P. M. All of Township Five (5) North, of Range Sixty-eight (68 ) West of the 6th P. M. WELD COUNTY That portion of Weld County desoribed as follows: All of Township Four (4) North, of Range Sixty-eight (68) West of the 6th P. M. All of Township Three (3) North, of Range Sixty-eight (68) West of the 6th P. M. Sections One (1) , Two (2) , Three (3) , Four (4) , Five (5) , Six (6) , Sever;. (7) Eight (8), Nine (9), Ten (10), Eleven (Ii), Twelve (12), Thirteen 13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17),, Eighteen 18), Nineteen (19), Twenty (20) Twenty-one (21) Twenty- two (22), Twenty-three (23), Twenty-four (24), Twenty-six (26), Twenty- seven (27), Twenty-eight (28), Twenty-nine (29) Thirty (30), Thirty- one (31), Thirty-two (32), and Thirty-three (33) in Township Two (2) North, of Range Sixty-eight (68) West of the 6th 2. M. Seotions Nineteen (19), Twenty (20), Twenty-one (21), Twenty- five (25), Twenty-six (26), Twenty-seven (27) Twenty-eight (28), Twenty-nine (29) Thirty (30), Thirty-one (31), Thirty-two (32), Thirty-three (33), Thirty-four (34), Thirty-five (35), and Thirty* six ( 66) in Township Eight (8) North, of Range Sixty-seven (67) West of the 6th P. M. All of Township Seven (7) North, of Range Sixty-seven (67) West of the 6th P. M. All of Township Six (6) North, of Range Sixty-seven (67) West of the 6th P. M. All of West of the Township Five (5) North, of Range Sixty-seven (67) 6th P. M. All of Township Four (4) North, of Range Sixty-seven (67) West of the 6th P. M. All of Township Three (3) North, of Range Sixty-seven (67) West of the 6th P. M. Sections One (1), Two (2), Three (3), Four (4) Five (5), Six (6), Seven (7) Eight (8), Nine (9) Ten (10) Eleven (11), Twelve (12), Thirteen 13), Fourteen (14) Seventeen (17), Eighteen (18), Twenty- three (23 , and Twenty-four (24) in Township Two (2) North, of Range Sixty-seven (67) West of the 6th P. M. Sections Twenty-five (25), Thirty-five (35), and Thirty-six (36) in Township Nine (9) North, of Range Sixty-six (66) West of the 6th P. M. 111111111111111111111111111111111111111 III 111111111 IIII 3721790 09/29/2010 04:31P Weld County, CO 8 of 15 R 81.00 D 0.00 Steve Moreno Clerk & Recorder WELD COUNTY (CONT'D.) Sections One (1), Two (2), Three (3) Four (4) Five (5), Eight (8)l Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Twenty (20), Twenty-one (21) Twenty-two (22) Twenty-three (23) Twenty-four (24) Twenty-five (25), Twenty-six (26), Twenty-seven (27), Twenty-eight (28) Twenty-nine (29) Thirty (30), Thirty-one (31), Thirty-two (52) Thirty-three (33) Thirty-four y-. (64), Thirty-five (35), and Thirty- six (36), in Township Eight (8) North, of Range Sixty-six (66) West of the. 6th P. M. All of Township Seven (7) North, of Range Sixty-six (66) West of the 6th P. M. All of Township Six (6) North, of Range Sixty-six (66) West of the 6th. P. M. All of Township Five West of the 6th P. M. All of Township Four West of the 6th P. M. Sections 'three (3), Four (4) Five (5), Six (6), Seven (7), Eight (8), Nine (9), Eighteen (18) Nineteen (19), Thirty (30), and Thirty-one (31) in Township Three (3) North, of Range Sixty-six (66) West of the 6th P. M. L r Sections Six (6), Seven (7), Eighteen (18), and Nineteen (19) in Township Two (2) North, of Range Sixty-six (66) West of the 6th P. M. Sections Nineteen (19), Twenty-nine (29), Thirty (30), Thirty- one (31), Thirty-two (32), and Thirty-three (53) in Township Nine (9) North, of Range Sixty-five (65) West of the 6th P. M. Sections Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty. - two (22), Twenty-six (26) Twenty -sever} (27), Twenty-eight (28), Twenty-nine (29), Thirty (30), Thirty-one (31), Thirty-two (32), Ohirt,y-•three (33) Thirty-four (34), and Thirty-five (35) in Township Eight (8) North, of Range Sixty-five (65) West of the 6th P. M. Sections Two (2), Three (3), Four (4), Five (b) Six (6), Seven (7), Eight (B), Nine (9), Ten (10), Eleven (11)r Fourteen (14) Fifteen (1 5) , Sixteen (16) , Seventeen (17) , Eighteen (18) , Nineteen ( 19) , Twenty (20), Twenty-one (21), Twenty-two (22), Twenty-three (23), Twenty-four (24) Twenty-five (25) Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), Thirty (30) Thirty-one (31), Thirty-two (32) Thirty -threw (35) , Thirty-four (34) , Thirty-five (35) and Thirty-six (36) in Township Seven (7) North, of Range Sixty-five (65) West of the 6th P. M. All of Township Six (6) I1oeth, of Range Sixty-five (65) West of the 6th P. M. (5) North, of Range Sixty-six (66) (4) North, of Range Sixty-six (66) All of Township Five (5) North, of Range Sixty-five (65) West of the 5th P. M. 111111111111111111111111111 III 11111111 III In 1111 IIII 3721790 09/29/2010 04:31P Weld County, CO 9 of 15 R 81.00 D 0.00 Steve Moreno Clerk & Recorder WELD COUNTY (CONCLUDED) Sections One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7) Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty- two (22) , Twenty-three (23) , Twenty-six (26)f Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), Thirty (00), Thirty-three (.33) Thirty-four (34), and Thirty-five (35) in Township Four (4) North, of Range Sixty-five (65) West of the 6th P. M. Sections Nineteen (19), Twenty (20), Twenty-five (25), Twenty- six (26), Twenty-seven (27) Twenty-eight (28), Twenty-nine (29), Thirty (30), Thirty-one (31), Thirty-two (02), Thirty-three (33), Thirty-four (34) , Thirty-five (35), and Thirty-six (36) in Township Sever, (7) North, of Range Sixty-four (64) West of the 6th P. M. All of Township Six (6) North, of Range Sixty-four (64) West of the 6th P. M. All. of Township Five (5) North, of Range Sixty-four (64) West of the 6th P. M. Seotions One (1) , Two (2) , Three (3) , Four (4) , Five (5). Six (6), Nine (9), Ten (10), Eleven (11), Twelve (12), Fourteen (14), Fifteen (15), Sixteen (16), Twenty-one (21), Twenty-two (22), and Twenty --three (23) in Township Four (4) North, of Range Sixty-four (64) West of the 6th P. M. Sections Seven (7), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-nine (29),and Thirty (30) in Township Six (6) North, of Range Sixty-three (63) West of the 6th P. M. Seotione Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21) , Twenty-seven (2'T) Twenty-eight (28) , Twenty-nine (29) , Thirty (30), Thirty-one (31), Thirty-two (32), Thirty-three (33), Thirty-four (34) , Thirty-five (35) , and Thirty-six (36) in Township Five (5) North, of Range Sixty-three (63) West of the 6th P. M. Sections One (1), Two (2) Three (3), Four (4), Five (5), Six (s), Seven (7), Eleven (11), Twelve (12), and Thirteen (13) in Township Four (4) North, of Range Sixty-three (63) West of the 6th P. M. Seotion.3 Seven (7) , Thirteen (13) , Fourteen (14) , Fifteen (15) , Sixteen (16), Seventeen (17), Eighteen (18), Twenty (20), Twenty-one (21), Twenty-two (22) , Twenty-three (23) , and Twenty-four (24) in Township Four i4) North, of Range Sixty-two (62) West of the 6th P. M. Sections Thirty-five (35) and Thirty-six (36) in Township Five i,5) North, of Range Sixty-one (61) West of the 6th P. M. Sections One (1), Two (2), Nine (9) Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (141, Fifteen (15) Sixteen (16), Seventeen (17), Eighteen (18), Nineteen 19), Twenty (20), Twenty- one (21) , Twenty two (22) , Twenty-three (20), Twenty-four (24) , Twenty-five (25), Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Twenty-nine (29) and Thirty (30) in Township Four 4) North, of Range Sixty-one (61) West of the 6th P. M. 1111111 nin iii 11111 imi III 11111111 III 111111111 liii 3721790 09/29/2010 04:31P Weld County, CO 10 of 15 R 81.00 0 0.00 Steve Moreno Clerk & Recorder MORGAN COUNTY That portion of Morgan County described as follows: Sections Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Twenty (20), Twenty-one (21) Twenty-two (22) Twenty-three (23) Twenty-four (24) Twenty-five (25), Twenty-six (26), twenty-seven (27), Twenty-eight (28), Twenty-nine (29), Thirty-one (31) Thirty-two (02), Thirty-three (33) , Thirty-four (34), Thirty-five (35) and Thirty-six (36) in Township Five (5) North, of Range Sixty (60) West of the 6th P. M. Sections One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7) Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen 13 , Fourteen (14) , Fifteen (15) , Sixteen (16) , Seventeen (17) , Eighteen 18), Nineteen (19), Twenty (20) Twenty-one (21), Twenty- two (22), Twenty-three (23), Twenty-four (24), Twenty-nine (29), and Thirty 130) in Township Four (4) North, of Range Sixty (60) West of the 6th P. M. Sections Seven (7), Eight (8), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty-two (22), Twenty-five (25), Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), Thirty (30), Thirty-one (31), Thirty-two (32) Thirty- three (33) , Thirty-four (34) , Thirty-five (65), and Thirty-six (36) in Township Five (5) North, of Range Fifty-nine (59) West of the 6th P. M. Sections One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7) Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty- two (22) , Twenty-three (23) , Twentyfour ( 24) , Twenty-five (25) , Twenty-six (26) Twenty-seven (27), Twenty-eight (28), Thirty-three (33), Thirty-four (34), Thirty-five (35), and Thirty-six (36) in Township Four (4) North, of Range Fifty-nine (59) West of the 6th P. M. Sections One (1), Two (2), Three (3), Four (4), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Twenty- three (23), and Twenty-four (24) in Township Three (3) North, of Range Fifty-nine (59) West of the 6th P. M. All of Township Four (4) North, of Range Fifty-eight (58) West of the 6th P. M. Sections One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7) Eight (8), Nine (9) Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16) Seventeen (17), Eighteen (18), Nineteen(19), Twenty (20), Twenty-one (21), Twenty- two (22), Twenty-three (23), Twenty-four (24), Twenty-five (25), Twenty-six (26) , Thirty-five (35) , and Thirty-six (36) in Township Three (3) North, of Range Fifty-eight (56) West of the 6th P. M. Sections One (1) and Two (2) in Township Two (2) North, of Range Fifty-eight (58) West of the 6th P. M. Sections Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), Thirty (30), Thirty-one (31)y Thirty-two (32), Thirty-three (33), Thirty-four (34), Thirty-five (35), and Thirty-six (36) in Township Five (5) North, of Range Fifty-seven (57) West of the 6th P. M. All of. `township Four (4) North, of Range Fifty-seven (57) West of the 6th P. M. tIMII 1III IIII IIIII Ill IIIIIIII 111 llll 111 1111 3772177900 0912912010 04:31P Weld County, CO 11 of 15 R 81.00 D 0.00 Steve Moreno Clerk & Recorder MORGAN COUNTY (CONCLUDED) Sections One (1) Two (2 Three (3), Four (4), Five (5), Six (6), Seven (7) Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty(20)/ Twenty-one (21), Twenty* two (22), Twenty-three(23), Twenty-nine (29), Thirty (30), Thirty- one (31), and Thirty-two (32) in Township Three (3) north, of Range Fifty-seven (57) West of the 6th P. M. Sections Five (5) and Six (6) in Township Two (2) North, of Range Fifty-seven (57) West of the 6th P. M. Sections Twenty-one (21), Twenty-two (22), Twenty-three (23), Twenty-four (24) Twenty-five (25) Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), Thirty-one (31), Thirty-two (32), Thirty-three (36), Thirty-four (34), Thirty-five (35), and Thirty- six (36) in Township Five (5) North, of Range Fifty-ei:x (56) West of the ' th P. M. All of Township Four (4) North, of Range Fifty-six (56) West of the 6th P. M. Sections One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), and Eighteen (18) in Township Three (3) North, of Range Fifty-six (56) West of the 6th P. M. Sections Twelve (12), Thirteen (13), Fourteen (14), Twenty- three (23) , Twenty-four (24) , Twenty-five (25) , Twenty-six (26) Twenty-seven (27) , Twenty-eight (28) , Twenty-nine (29), Thirty (60), Thirty-one (31) Thirty-two (32), Thirty-three (33), Thirty-four (34), Thirty-five (35), and Thirty-six (46) in Township Five (5) North, of Range Fifty-five (55) West of the 6th P. M. Sections One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Fifteen (15), Sixteen (16), Seventeen (17) Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty-nine (29), and Thirty (30) in Township Four. (4) North, of Range Fifty-five (55) West of the 6th P. M. WASHINGTON COUNTY That portion of Washington County described as follows: Sections Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (B), Nine (9), Ten (10) Fifteen (15), Sixteen (16), Seven;een (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty- one (21), Twenty-two (22), Twenty-eight (28), Twenty-nine (29), Thirty (30) , Thirty-one (61), and Thirty-two (32) in Township Five (5) North, of Range Fifty-four (54) West of the 6th P. M. LOGAN COUNTY That portion of Logan County described as follows: Sections Thirteen (13) , Twenty-three (20) , Twenty-four (24) , Twenty-five (25) Twenty-six (26), Twenty-seven (27){ Twenty-eight (28), Thirty-three (33) , Thirty-four (34) , Thirty-five (35) , and Thirty- six (36) in Township Six (6) North, of Range Fifty-four (54) West of the 6th P. M. —11— 111111111111111111111111111111111111111 III 111111 III 1111 3721790 09/29/2010 04:31P Weld County, CO 12 of 15 R 81.00 0 0.00 Steve Moreno Clerk & Recorder LOGAN COUNTY (CONT'D.) Seotions One (1), Two (2), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Twenty-three (23), Twenty-four (24), Twenty-five (25) Twenty-six (26) Thirty-three (03), Thirty-four (34) , Thirty-five (35), and Thirty-six (36) in Township Nine (9) North, of Range Fifty- three (53) West of the 6th P. M. Seotions One (1), Two (2), Three (3), Ten (10)p Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15) Twenty-two (22), Twenty-three (23), Twenty-four (24), Twenty-five (25), Twenty-six (26), Twenty-seven (27), Thirty-four (34), Thirty-five (35), and Thirty- six (36) in Township Eight (8) North, of Range Fifty-three (53) West of the 6th P. M. Sections One (1), Two (2), Three (3), Ten (10) Eleven (1L) Twelve (12) Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Twenty-one (21) Twenty-two (22) Twenty-three (23) Twenty-four (24 Twenty-five (25), Twenty-six (26), Twenty-seven (27, Twenty-eight (28), Twenty-nine (29), Thirty-two (32), Thirty-three (03 , Thirty-four (34), Thirty-five (35) and Thirty-six (36) in Township Seven (7) North, of Range Fifty-three (53) West of the 6th P. M. Seotions Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8) Nine (9), Ten (10) Eleven (11), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty- one (21), twenty-two (22), Twenty-nine (29), Thirty (30), Thirty-one (31), and Thirty-two (32) in Township Six (6) North, of Range Fifty-three (53) West of the 6th P. M. Sections Thirteen (13) Twenty-four (24) Twenty-five (25) Twenty- six (26), Thirty-four (34), Thirty-five (35)and Thirty-six (36) in Township Ten (10) North, of Range Fifty-two (52) West of the 6th P. M. All of Township Nine (9) North, of Range Fifty-two (52) West of the 6th P. M. Sections One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7)p, Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty- two 1, 22) , Twenty-three (23) , Twenty-six (26) , Twenty-seven (27) Twenty- eight (28) Twenty-nine (29), Thirty (30), Thirty-one (31), Thirty- two 132), Thirty-three (33), and Thirty-four (34) in Township Eight (8) North, of Range Fifty-two (52) West of the 6th P. M. Seotions Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Sixteen (16) Seventeen (17) Eighteen (18), Nineteen (19) Twenty (20), Twenty-nine (29) and Thirty (30) in Township Seven (7) North, of Range Fifty-two (52) West of the 6th P. M. Section Thirty-six (36) in Township Eleven (11) North, of Range Fifty-one (51) West of the 6th P. M. Sections One (1), Seven (7), Eight (8), Nine (9) Ten (10), Eleven (11) Twelve (12) Thirteen (13) Fourteen (14)Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21) , Twenty-two (22) , Twenty-three (23), Twenty-four (24) , Twenty-five 25), Twenty-six (26) Twenty-seven (27), Twent eig1 (28) , Twenty-nine 29� Thirty (30), Thirty-one (31), Thirty-two (32) irty- three (33), '.hire -four (34), Thirty-five (35), and Thirty-six (36) in Township Ten (i0)1;orth, of Range Fifty-one (51) West of the 6th P. M. 1111111111u 1 tE 111911111$111111111 County, co r 372190 09/2912010 04.31P w 3721794 13 of i5 g €11.00 D 0.00 Steve Moreno Clerk & Recorder LOGAN COUNTY (CONCLUDED) Seotions One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7) Eight (B), Nine (9), Ten (10), Eleven (11), Twelve (12), Thi_teen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20) Twenty-one (21), Twenty- two (2e), Twenty-eight (28), Twenty-nine (29) Thirty (30), T.hirty- o (31), and Thirty-two (32), in Township Nine (9) North, of Range Fiftyone (51) West of the 6th P. M. Section Six (6) in Township Eight (8) North, of Range Fifty-one(51) West of the 6th P. M. Sections Twenty-two (22) Twenty-three (23), Twenty-four (24) Twenty-five (25), Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Thirty-one (31), Thirty-two (32), Thirty-three (33) , Thirty-four (34), Thirty-five (35), and Thirty-six (36) in Township Eleven (11) North, of Range Fifty (50) West of the 6th P. M. All of Township Ten (10) North, of Range Fifty (50) West of the 6th :?. M. Sections Three (3), Four (4), Five (5) Six (6), and Seven (7) in Township Nine (9) North, of Range Fifty (50) West of the 6th P. M. Seotions Eight (d), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (1B'7- ineteen (19), Twenty (20) Twenty-one (21), Twenty- two (22) , Twen,,y-three (23) , Twenty-four (24), Twenty-five (25) Twenty-- six (26), Twenty-seven (27), Twenty-eight (28), Twenty-nine (29) Thirty (30) , Thirty-one (31) , Thirty-two (32) Ihirt three Thirty- four (34), Thirty-five ► (33), nhiII y-.ive (3a) and Thirty-six (36) in Township Eleven (II) North, of Range Forty-nine (49) West of the 6th P. M. Sections One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7) Eight (8), Nine (9), Ten. (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty- two (22), Twenty --seven (27), Twenty-eight (28), Twenty-nine (29), and Thirty (30) in Township Ten (10) North, of Range Forty-nine (49) West of the. 6th P. M. Sections Seven (7), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty-two Twenty-three (23) Twenty-four (24), r (22)r Twenty-five (25), Twenty-six (26), Twenty-seven (27), Twenty-eight (2), Twenty nine (29), Thirty (30), Thirty-one (31), Thirty-two (32) Thirty- three (33) , Thirty-four (34) , Thirty-five (35) , and Thirty-six (36) in .township Eleven (11) North, of Range Forty-eight (48) West of the 6th P. M. Seotions One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10) Seventeen 17), and Eighteen (18) in Township Ten (10) North, of Range Forty-eight (418) West of the 6th P. M. 1 111111 11111 111111 11111 11111 I1I 1III10111111111I !!I 1111 3721790 09/29/2010 04:31P Weld County, CO 14 of 15 R 81.00 D 0.00 Steve Moreno Clerk & Recorder SEDGWIOic COUNTY That portion of Sedgwiok County described an follows: Seotions One (1) , Two (2), Eight (8) Nine (9)Ten (10), Eleven (11), Twelve (12)! Thirteen (13) Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (16), Nineteen (19), Twenty (20), Twenty- one (21) , Twenty-two (22) , Twenty-three (23) , Twenty-four (24) , Twenty-seven (27), Twenty-eight (28), Twenty-nine tlh�.rty-one (31), Thirty-two (32),Thirty-three ((3 )t Thirty Township Eleven (11) North, of Range Forty-seven Westof�thei6thoP. N. �'hirtSect one Twenty-five (25), Twenty-six (26), Thirty-two (32), Y- (3:) , Thirty-four (34) , Thirty-five (35) , and Thirty - Aix (36) in Township Twelve (12) North, of Range Forty-six (46) West of the 6th P. M. Sections One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) Twelve (12), Fifteen (15) Sixteen (16), Seventeen (17), Eighteen (18), and Nineteen (19) in Township Eleven (11) North, of Range Forty-six (46) West of the 6th P. M. Seotios Nineteen (19), Twenty (20), Twenty-one (21), Twenty- two (22) , Twenty-three (2o), Twenty-four Twenty-six (26) Twenty- y- (24), Twenty-five (25J seven (27 Twenty-eight (26) Twenty- nine. (29), Thirty Y~ Thirty-four ) (,30) , Thirty-one (31), Thirty-two (32, Thirty-three (33 (34 , T4irty-five (35) , and Thirty-six (36 in Township Twelve (12) North, of Range Forty-five (4b) West of the 6th P. M. Seotions One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Ei,rrht (8), Nine (9), Ten (10) , Eleven (11) Twelve (12), in Township Eleven ( 11) North, of Range Forty --five (45) West of the 6th P. M. Seotions Nineteen (19), Twenty (20) Twenty-one (21), Twenty- two (22), Twenty-three (23), Twenty-six (26) Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), Thirty (30), Thirty-one Thirty-two (32), (31), y. and Thirty-three (33) in Township Twelve (12) North, of Range Forty-four (44) West of the 6th P. M. Sections Five (5), Six (6), Seven (7), and Eight (8) in Township Eleven (11) North, of Range Forty-four (44) West of the 6th P. M. 1131 lII IIII 111131111111111111111110111111 3721790 09/29/201004:31P Weld County, CO 15 of 15 R 81.00 0 0.00 Steve Moreno Clerk & Recorder 13. That the said territory above described should be constituted and, created a Water Conservancy District under the "Water Conservancy Act" of Colorado under the corporate name of "Northern Colorado Water Conservancy District". WHEREFORE, IT IS BY THE COURT, ORDERED, ADJUDGED, DECLARED AND DECREED: That the territory as above described be and the same hereby is organized, constituted and created a Water Conservancy District under the "Water Conservancy Act" of Colorado, under the corporatename of "Northern Colorado Water Conservancy District"lp with its office or principal place of business at Greeley, in Weld County, Colorado. That the Board of Directors of said District shall oonsist of eleven directors, and the territory within said District is hereby subdivided into Divisions, with the number of Directors for each subdivision as follows: DIVISION NO. 1: DIVISION NO. 2: DIVISION NO. 3: DIVISION N0. 4; DIVISION NO. 5: DIVISION NO. 6: All territory within the District lying in Boulder County; two Directors. All territory within the District lying in Larimer County; three Directors. All territory within the District lying in Weld County; three Directors. All territory within the District lying in Morgan and Washington Counties; one Dire at or'. All territory within the District lying in Logan County; one Director. All territory within the District lying in Sedgwick County; one Director. BY THE COURT 4218393 07/12/2016 04:11 PM Total Pages: 14 Rec Fee: $76.00 Carly Koppes - Clerk and Recorder, Weld County, CO When recorded, please return to: Extraction Oil & Gas, LLC 370 Seventeenth Street, #5300 Denver, CO 80202 REQUEST FOR NOTIFICATION OF APPLICATION FOR DEVELOPMENT 1. Extraction Oil and Gas, LLC, and its affiliates, (together "Extraction") is a Mineral Estate Owner as defined by C.R.S. § 24-65.5-102(5) because it is the owner or lessee of a mineral estate underneath those lands identified in Exhibit "A" (the "Property"). 2. Pursuant to C.R.S. §§ 24-65.5-101 et. seq., Mineral Estate Owners must be provided with advance notice of certain types of surface development. 3. Extraction hereby requests notification of any Applications for Development as defined by C.R.S. § 24-65-102(2). Notices should be sent by certified mail, return receipt requested, or by a nationally -recognized overnight courier, no less than thirty days prior to the initial public hearing on the application, whether conducted by the local government planning commission, city council, or board of county commissioners. The notice must contain the time and place of the initial hearing, the nature of the hearing, the name of the applicant, and the legal description of the property by section, township, and range. Notices should be sent to the following address: Extraction Oil & Gas LLC 370 17th St. Ste. 5300 Denver, Colorado 80202 4. This Request is placed of record to provide third parties who have or may claim an interest in the surface of the Property with notice of the vested property rights of Extraction in and to the Property to include the right to use the surface thereof as provided by law for its oil, gas and other mineral development operations. 5. Nothing in this Request shall be construed to limit the rights or enlarge the obligations of Extraction or any of it agents, employees, designees, lessees, co -owners, successors or assigns to develop the mineral estate in and under the Property. TH Executed this I a day of 3-V` Ly , 2016. EXTRACTION OIL AND GAS, LLC Manager BY Allysong Vist , Land STATE OF eO1DrId } } ss. COUNTY OF ].€17vvr } The foregoing instrument was acknowledged before me this /2 `day of JLa4 , 2016, by Allyson Vistica as Land Manager for Extraction Oil ancVGas, LLC. Witness my hand and official seal. My Commission expires: l/tj/17 JESSE NICOLE SCHMIDT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144002537 MY COMMISSION EXPIRES JANUARY 21, 2018 4218393 07/12/2016 04:11 PM Page 2 of 14 Exhibit "A" Attached to and made a part of that Request for Notification of Application for Development, on behalf of Extraction Oil and Gas, LLC and its affiliates. County Name Township Range Section WELD 12N 67W 32 WELD 12N 66W 19 WELD 12N 65W 26 WELD 12N 65W 34 WELD 12N 65W 35 WELD 12N 65W 36 WELD 12N 64W 15 WELD 12N 64W 22 WELD 12N 64W 23 WELD 12N 64W 24 WELD 12N 64W 25 WELD 12N 64W 26 WELD 12N 64W 27 WELD 12N 64W 32 WELD 12N 64W 34 WELD 12N 64W 36 WELD 12N 63W 20 WELD 12N 63W 23 WELD 12N 63W 24 WELD 12N 63W 30 WELD 12N 63W 32 WELD 12N 62W 1 WELD 12N 62W 20 WELD 12N 62W 24 WELD 12N 62W 26 WELD 12N 62W 34 WELD 12N 62W 35 WELD 12N 62W 36 WELD 12N 61W 20 WELD 12N 61W 21 WELD 12N 61W 22 WELD 12N 61W 23 WELD 12N 61W 24 WELD 12N 61W 25 WELD 12N 61W 26 WELD 12N 61W 29 WELD 12N 61W 30 WELD 12N 61W 32 WELD 12N 61W 33 WELD 12N 61W 34 WELD 12N 61W 35 WELD 12N 61W 36 WELD 12N 60W 19 WELD 12N 60W 20 WELD 12N 60W 21 WELD 12N 60W 22 WELD 12N 60W 23 WELD 12N 60W 24 A-1 4218393 07/12/2016 04:11 PM Page 3 of 14 County Name Township Range Section WELD 12N 60W 25 WELD 12N 60W 26 WELD 12N 60W 27 WELD 12N 60W 28 WELD 12N 60W 29 WELD 12N 60W 30 WELD 12N 60W 32 WELD 12N 60W 33 WELD 12N 60W 34 WELD 12N 60W 35 WELD 11N 67W 6 WELD 11N 67W 18 WELD 11N 67W 20 WELD 11N 67W 26 WELD 11N 67W 28 WELD 11N 66W 13 WELD 11N 66W 15 WELD 11N 66W 16 WELD 11N 65W 3 WELD 11N 65W 6 WELD 11N 65W 8 WELD 11N 65W 10 WELD 11N 65W 13 WELD 11N 65W 14 WELD 11N 65W 15 WELD 11N 65W 17 WELD 11N 65W 18 WELD 11N 65W 19 WELD 11N 65W 20 WELD 11N 65W 28 WELD 11N 65W 29 WELD 11N 65W 30 WELD 11N 65W 32 WELD 11N 65W 33 WELD 11N 64W 2 WELD 11N 64W 4 WELD 11N 64W 5 WELD 11N 64W 6 WELD 11N 64W 11 WELD 11N 64W 12 WELD 11N 64W 13 WELD 11N 64W 14 WELD 11N 64W 20 WELD 11N 64W 23 WELD 11N 64W 24 WELD 11N 64W 25 WELD 11N 64W 35 WELD 11N 64W 36 WELD 11N 63W 4 WELD 11N 63W 5 WELD 11N 63W 6 WELD 11N 63W 8 WELD 11N 63W 19 WELD 11N 63W 30 A-2 4218393 07/12/2016 04:11 PM Page 4 of 14 County Name Township Range Section WELD 11N 62W 1 WELD 11N 62W 2 WELD 11N 62W 3 WELD 11N 62W 8 WELD 11N 62W 10 WELD 11N 62W 12 WELD 11N 62W 13 WELD 11N 62W 14 WELD 11N 62W 22 WELD 11N 62W 24 WELD 11N 62W 25 WELD 11N 62W 26 WELD 11N 62W 28 WELD 11N 62W 30 WELD 11N 62W 31 WELD 11N 62W 34 WELD 11N 62W 36 WELD 11N 61W 1 WELD 11N 61W 2 WELD 11N 61W 3 WELD 11N 61W 4 WELD 11N 61W 6 WELD 11N 61W 8 WELD 11N 61W 9 WELD 11N 61W 10 WELD 11N 61W 11 WELD 11N 61W 12 WELD 11N 61W 13 WELD 11N 61W 14 WELD 11N 61W 15 WELD 11N 61W 16 WELD 11N 61W 17 WELD 11N 61W 18 WELD 11N 61W 19 WELD 11N 61W 20 WELD 11N 61W 21 WELD 11N 61W 22 WELD 11N 61W 23 WELD 11N 61W 24 WELD 11N 61W 25 WELD 11N 61W 26 WELD 11N 61W 27 WELD 11N 61W 28 WELD 11N 61W 29 WELD 11N 61W 30 WELD 11N 61W 31 WELD 11N 61W 32 WELD 11N 61W 33 WELD 11N 61W 34 WELD 11N 61W 35 WELD 11N 61W 36 WELD 11N 60W 1 WELD 11N 60W 2 WELD 11N 60W 3 A-3 4218393 07/12/2016 04:11 PM Page 5 of 14 County Name Township Range Section WELD 11N 60W 4 WELD 11N 60W 5 WELD 11N 60W 6 WELD 11N 60W 7 WELD 11N 60W 8 WELD 11N 60W 9 WELD 11N 60W 10 WELD 11N 60W 11 WELD 11N 60W 12 WELD 11N 60W 13 WELD 11N 60W 14 WELD 11N 60W 15 WELD 11N 60W 17 WELD 11N 60W 18 WELD 11N 60W 19 WELD 11N 60W 20 WELD 11N 60W 21 WELD 11N 60W 22 WELD 11N 60W 23 WELD 11N 60W 24 WELD 11N 60W 25 WELD 11N 60W 26 WELD 11N 60W 27 WELD 11N 60W 28 WELD 11N 60W 29 WELD 11N 60W 30 WELD 11N 60W 31 WELD 11N 60W 32 WELD 11N 60W 34 WELD 11N 60W 35 WELD 11N 59W 29 WELD 10N 68W 14 WELD 10N 67W 1 WELD 10N 67W 2 WELD 10N 67W 3 WELD 10N 67W 4 WELD 10N 67W 5 WELD 10N 67W 6 WELD 10N 67W 8 WELD 10N 67W 9 WELD 10N 67W 10 WELD lON 67W 11 WELD 10N 67W 12 WELD 10N 67W 13 WELD lON 67W 14 WELD 10N 67W 16 WELD 10N 67W 17 WELD 10N 67W 19 WELD 10N 67W 20 WELD 10N 67W 21 WELD 10N 67W 22 WELD 10N 67W 24 WELD 10N 67W 26 WELD 10N 67W 30 A-4 4218393 07/12/2016 04:11 PM Page 6 of 14 County Name Township Range Section WELD 10N 67W 34 WELD 10N 66W 4 WELD 10N 66W 6 WELD 10N 66W 7 WELD 10N 66W 8 WELD 10N 66W 10 WELD lON 66W 12 WELD 10N 66W 14 WELD 10N 66W 18 WELD lON 66W 19 WELD 10N 66W 20 WELD lON 66W 30 WELD 10N 66W 32 WELD 10N 66W 36 WELD 10N 64W 34 WELD lON 63W 2 WELD 10N 63W 10 WELD lON 63W 11 WELD 10N 63W 14 WELD 10N 63W 24 WELD 10N 62W 1 WELD 10N 62W 2 WELD 10N 62W 3 WELD 10N 62W 4 WELD 10N 62W 5 WELD 10N 62W 6 WELD 10N 62W 9 WELD 10N 62W 10 WELD 10N 62W 11 WELD 10N 62W 12 WELD 10N 62W 13 WELD 10N 62W 14 WELD 10N 62W 15 WELD lON 62W 20 WELD 10N 62W 21 WELD lON 62W 22 WELD 10N 62W 23 WELD 10N 62W 24 WELD 10N 62W 26 WELD 10N 62W 27 WELD lON 62W 28 WELD 10N 62W 29 WELD lON 62W 30 WELD 10N 62W 31 WELD lON 62W 35 WELD 10N 61W 2 WELD 10N 61W 3 WELD 10N 61W 4 WELD 10N 61W 5 WELD 10N 61W 6 WELD 10N 61W 7 WELD 10N 61W 8 WELD 10N 61W 9 WELD 10N 61W 10 A-5 4218393 07/12/2016 04:11 PM Page 7 of 14 County Name Township Range Section WELD 10N 61W 11 WELD 10N 61W 12 WELD 10N 61W 14 WELD 10N 61W 15 WELD 10N 61W 16 WELD 10N 61W 17 WELD 10N 61W 18 WELD 10N 61W 22 WELD 10N 61W 23 WELD 10N 61W 33 WELD 10N 61W 35 WELD 10N 61W 36 WELD 10N 60W 3 WELD 10N 60W 4 WELD 10N 60W 5 WELD 10N 60W 6 WELD 10N 60W 7 WELD 10N 60W 9 WELD 10N 60W 15 WELD 10N 60W 18 WELD 10N 60W 31 WELD 10N 57W 1 WELD 10N 57W 12 WELD 10N 57W 13 WELD 9N 67W 2 WELD 9N 67W 4 WELD 9N 67W 8 WELD 9N 67W 10 WELD 9N 67W 12 WELD 9N 67W 18 WELD 9N 67W 20 WELD 9N 67W 22 WELD 9N 67W 26 WELD 9N 67W 28 WELD 9N 67W 30 WELD 9N 67W 32 WELD 9N 67W 34 WELD 9N 67W 36 WELD 9N 66W 2 WELD 9N 66W 4 WELD 9N 66W 6 WELD 9N 66W 8 WELD 9N 66W 10 WELD 9N 66W 12 WELD 9N 66W 14 WELD 9N 66W 16 WELD 9N 66W 20 WELD 9N 66W 22 WELD 9N 66W 24 WELD 9N 66W 26 WELD 9N 66W 28 WELD 9N 66W 30 WELD 9N 66W 34 WELD 9N 61W 1 A-6 4218393 07/12/2016 04:11 PM Page 8 of 14 County Name Township Range Section WELD 9N 61W 2 WELD 9N 61W 3 WELD 9N 61W 11 WELD 9N 61W 12 WELD 9N 61W 24 WELD 9N 61W 25 WELD 9N 61W 26 WELD 9N 60W 3 WELD 9N 60W 4 WELD 9N 60W 5 WELD 9N 60W 6 WELD 9N 60W 7 WELD 9N 60W 8 WELD 9N 60W 9 WELD 9N 60W 18 WELD 9N 60W 19 WELD 9N 60W 20 WELD 9N 60W 29 WELD 9N 60W 30 WELD 8N 67W 2 WELD 8N 67W 4 WELD 8N 67W 6 WELD 8N 67W 8 WELD SN 67W 12 WELD 8N 67W 14 WELD 8N 67W 18 WELD 8N 67W 22 WELD 8N 67W 25 WELD 8N 67W 26 WELD 8N 67W 30 WELD 8N 67W 34 WELD 8N 66W 2 WELD 8N 66W 4 WELD 8N 66W 6 WELD 8N 66W 8 WELD 8N 66W 10 WELD 8N 66W 12 WELD 8N 66W 14 WELD 8N 66W 16 WELD 8N 66W 20 WELD 8N 66W 24 WELD 8N 66W 28 WELD 8N 66W 30 WELD 8N 66W 32 WELD 8N 66W 36 WELD 8N 65W 10 WELD 8N 65W 22 WELD 8N 65W 28 WELD 8N 65W 36 WELD 8N 62W 18 WELD 8N 62W 28 WELD 8N 62W 30 WELD 8N 62W 31 WELD 8N 61W 2 A-7 4218393 07/12/2016 04:11 PM Page 9 of 14 County Name Township Range Section WELD 8N 61W 3 WELD 8N 61W 4 WELD 8N 61W 9 WELD 8N 61W 18 WELD 8N 61W 20 WELD 8N 61W 28 WELD 8N 60W 3 WELD 8N 60W 4 WELD 8N 60W 9 WELD 7N 67W 2 WELD 7N 67W 4 WELD 7N 67W 6 WELD 7N 67W 7 WELD 7N 67W 8 WELD 7N 67W 10 WELD 7N 67W 12 WELD 7N 67W 14 WELD 7N 67W 15 WELD 7N 67W 16 WELD 7N 67W 17 WELD 7N 67W 18 WELD 7N 67W 19 WELD 7N 67W 20 WELD 7N 67W 21 WELD 7N 67W 22 WELD 7N 67W 23 WELD 7N 67W 24 WELD 7N 67W 26 WELD 7N 67W 27 WELD 7N 67W 28 WELD 7N 67W 29 WELD 7N 67W 30 WELD 7N 67W 31 WELD 7N 67W 32 WELD 7N 67W 33 WELD 7N 67W 34 WELD 7N 67W 35 WELD 7N 66W 1 WELD 7N 66W 3 WELD 7N 66W 4 WELD 7N 66W 6 WELD 7N 66W 8 WELD 7N 66W 9 WELD 7N 66W 10 WELD 7N 66W 11 WELD 7N 66W 12 WELD 7N 66W 13 WELD 7N 66W 14 WELD 7N 66W 15 WELD 7N 66W 16 WELD 7N 66W 17 WELD 7N 66W 18 WELD 7N 66W 21 WELD 7N 66W 24 A-8 4218393 07/12/2016 04:11 PM Page 10 of 14 County Name Township Range Section WELD 7N 66W 25 WELD 7N 66W 30 WELD 7N 66W 34 WELD 7N 65W 2 WELD 7N 65W 3 WELD 7N 65W 4 WELD 7N 65W 8 WELD 7N 65W 9 WELD 7N 65W 10 WELD 7N 65W 11 WELD 7N 65W 12 WELD 7N 65W 14 WELD 7N 65W 15 WELD 7N 65W 16 WELD 7N 65W 17 WELD 7N 65W 18 WELD 7N 65W 19 WELD 7N 64W 26 WELD 7N 63W 10 WELD 7N 63W 24 WELD 7N 61W 28 WELD 7N 61W 29 WELD 7N 60W 20 WELD 7N 60W 35 WELD 6N 67W 2 WELD 6N 67W 3 WELD 6N 67W 4 WELD 6N 67W 5 WELD 6N 67W 7 WELD 6N 67W 8 WELD 6N 67W 9 WELD 6N 67W 13 WELD 6N 67W 14 WELD 6N 67W 16 WELD 6N 67W 17 WELD 6N 67W 18 WELD 6N 67W 19 WELD 6N 67W 20 WELD 6N 67W 21 WELD 6N 67W 22 WELD 6N 67W 23 WELD 6N 67W 24 WELD 6N 67W 28 WELD 6N 67W 29 WELD 6N 67W 31 WELD 6N 67W 32 WELD 6N 67W 33 WELD 6N 66W 6 WELD 6N 66W 25 WELD 6N 66W 33 WELD 6N 66W 36 WELD 6N 65W 5 WELD 6N 65W 8 WELD 6N 65W 12 A-9 4218393 07/12/2016 04:11 PM Page 11 of14 County Name Township Range Section WELD 6N 65W 17 WELD 6N 65W 31 WELD 6N 65W 32 WELD 6N 65W 36 WELD SN 6W 12 WELD 5N 67W 4 WELD 5N 67W 10 WELD 5N 67W 18 WELD 5N 67W 21 WELD SN 67W 28 WELD 5N 67W 29 WELD 5N 67W 31 WELD 5N 67W 33 WELD 5N 66W 1 WELD 5N 66W 2 WELD 5N 66W 3 WELD 5N 66W 4 WELD 5N 66W 5 WELD 5N 66W 6 WELD 5N 66W 8 WELD 5N 66W 9 WELD 5N 66W 10 WELD 5N 66W 11 WELD 5N 66W 12 WELD 5N 66W 13 WELD SN 66W 14 WELD 5N 66W 15 WELD 5N 66W 16 WELD 5N 66W 17 WELD SN 66W 18 WELD 5N 66W 19 WELD 5N 66W 21 WELD 5N 66W 22 WELD SN 66W 23 WELD 5N 66W 24 WELD 5N 66W 31 WELD 5N 66W 32 WELD 5N 65W 1 WELD 5N 65W 3 WELD 5N 65W 04 WELD 5N 65W 5 WELD 5N 65W 6 WELD 5N 65W 7 WELD 5N 65W 8 WELD SN 65W 9 WELD 5N 65W 10 WELD 5N 65W 11 WELD 5N 65W 12 WELD 5N 65W 13 WELD 5N 65W 16 WELD 5N 65W 17 WELD 5N 65W 18 WELD 5N 65W 19 WELD 5N 65W 20 A-10 4218393 07/12/2016 04:11 PM Page 12 of 14 County Name Township Range Section WELD 5N 65W 21 WELD 5N 65W 23 WELD 5N 65W 29 WELD 5N 65W 30 WELD 5N 65W 31 WELD 5N 65W 32 WELD 5N 65W 40 WELD 4N 69W 24 WELD 4N 68W 1 WELD 4N 68W 2 WELD 4N 68W 3 WELD 4N 68W 4 WELD 4N 68W 7 WELD 4N 68W 8 WELD 4N 68W 15 WELD 4N 68W 17 WELD 4N 68W 18 WELD 4N 68W 19 WELD 4N 68W 20 WELD 4N 68W 21 WELD 4N 68W 22 WELD 4N 68W 24 WELD 4N 68W 27 WELD 4N 68W 28 WELD 4N 68W 29 WELD 4N 68W 30 WELD 4N 68W 31 WELD 4N 68W 32 WELD 4N 68W 34 WELD 4N 67W 2 WELD 4N 67W 3 WELD 4N 67W 5 WELD 4N 67W 8 WELD 4N 67W 10 WELD 4N 66W 14 WELD 4N 66W 22 WELD 4N 65W 5 WELD 4N 65W 6 WELD 4N 65W 18 WELD 4N 65W 19 WELD 4N 65W 20 WELD 3N 68W 5 WELD 3N 68W 6 WELD 3N 68W 8 WELD 3N 68W 10 WELD 3N 68W 16 WELD 3N 68W 17 WELD 3N 68W 20 WELD 3N 68W 21 WELD 3N 68W 28 WELD 3N 68W 30 WELD 3N 68W 31 WELD 3N 68W 32 WELD 3N 67W 6 A-11 4218393 07/12/2016 04:11 PM Page 13 of 14 County Name Township Range Section WELD 3N 67W 26 WELD 3N 67W 27 WELD 3N 66W 7 WELD 3N 66W 18 WELD 3N 62W 2 WELD 2N 69W 24 WELD 2N 68W 3 WELD 2N 68W 4 WELD 2N 68W 5 WELD 2N 68W 6 WELD 2N 68W 7 WELD 2N 68W 8 WELD 2N 68W 9 WELD 2N 68W 10 WELD 2N 68W 13 WELD 2N 68W 14 WELD 2N 68W 15 WELD 2N 68W 17 WELD 2N 68W 18 WELD 2N 68W 19 WELD 2N 68W 20 WELD 2N 68W 23 WELD 2N 68W 24 WELD 2N 68W 26 WELD 2N 68W 31 WELD 2N 68W 32 WELD 2N 68W 34 WELD 2N 67W 17 WELD 2N 67W 18 WELD 2N 67W 21 WELD 2N 67W 28 WELD 2N 67W 29 WELD 2N 67W 32 WELD 2N 66W 18 WELD 2N 66W 19 WELD 2N 66W 31 WELD 2N 65W 2 WELD 2N 65W 21 WELD 2N 65W 22 WELD 2N 65W 33 WELD 15 68W 3 WELD 15 68W 17 WELD 15 66W 8 WELD 1N 68W 1 WELD 1N 68W 6 WELD 1N 68W 7 WELD 1N 68W 18 WELD 1N 68W 20 WELD 1N 68W 26 WELD 1N 68W 28 WELD 1N 68W 31 WELD 1N 68W 32 WELD 1N 68W 33 WELD 1N 68W 34 A-12 4218393 07/12/2016 04:11 PM Page 14 of 14 County Name Township Range Section WELD 1N 67W 18 WELD 1N 67W 30 WELD 1N 66W 10 WELD 1N 66W 29 A-13 4364727 01/02/2018 04:52 PM Total Pages: 3 Rec Fee: $23.00 Carly Koppes - Clerk and Recorder, Weld County, CO MINERAL AND ROYALTY DEED KNOW ALL MEN BY THESE PRESENTS: That Fairmeadows Liquidation Trust, whose address is 7448 Sugar Maple Court, Castle Pines, CO 80108, hereinafter called "GRANTOR", for good and valuable considerations, the receipt of which are hereby acknowledged, does hereby grant, bargain, sell, convey, transfer, assign, and deliver unto Incline Niobrara Partners, LP, whose address is 5019 N. Central Expressway, Suite B, Dallas, TX 75205, hereinafter called "GRANTEE", all of Grantor's right title and interest in and to all of the oil, gas and other minerals in, to and under and that may be produced from the following described lands in Weld County, Colorado, to -wit, less and except those wellbores as further described on Exhibit "B": SEE EXHIBITS "A" & "B" ATTACHED HERETO This deed is subject to "No Surface Occupancy" and it is agreed and understood that Grantee, its successors or assigns shall not be allowed access to the surface, nor shall Grantee conduct any operations or locate any facilities on the surface of the subject lands. Grantee shall be entitled to all other mineral rights associated with oil and gas development, including the ability to participate in and receive royalty payments from the drilling of directional or horizontal wellbores. This sale is made subject to any rights now existing to any lessee or assigns under any valid and subsisting oil and gas lease heretofore executed and now of legal record; it being understood and agreed that said Grantee shall have, receive and enjoy the herein granted undivided interests in and to all bonuses, rents, royalties and other benefits which may accrue thereunder from and after the date hereof, precisely as if the Grantee herein had been at the date of making said lease and/or leases the owner of a similar undivided interest in and to the lands above described and none other and Grantee one of the Lessors therein. This includes any and all monetary values held in escheat by the State of Colorado under CRS 38-13-101/134. Grantor agrees to execute such further assurances as may be requisite for the full and complete enjoyment of the rights herein granted and likewise agrees that Grantee herein shall have the right at any time to redeem for said Grantor by payment any mortgage, taxes, or liens on the above described land upon default in payment by Grantor, and be subrogated to the rights of the holder thereof. TO HAVE AND TO HOLD The properties described above with all and singular the rights, privileges and appurtenances thereunder or anywise belonging to said Grantee herein their heirs, successors, and assigns forever, and Grantor does hereby bind himself, his heirs, executors, administrators, successors and assigns to warrant and forever defend all and singular the said property unto the said Grantee herein, their heirs, successors and assigns against every person whomsoever claiming or to claim the same or any part thereof. This instrument is agreed to be effective for all purposes January 2nd, 2018 FAIRMEADOWS LIQUIDATION TRUST ccott L. Davis — Trustee y: ACKNOWLEDGEMENT BEFORE ME, the undersigned, A.Notm Publicocrssonally a peared Scott L. Davis as Trustee of Fairmeadows Liquidation Trust, on theEay of [iC 11'Lh ,-201S tb me known to be the identical person(s), described and who executed the foregoing instrument. 2-o _ IN WITNESS WHEREOF, I have set my hand and affixed my notarial seal the day and year last above written. My Commission Expires: SUE RASMUSSEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144037500 MY COMMISSION EXPIRES SEPTEMBER 24, 2018 Notary Public, State of �O1or d 0 4364727 01/02/2018 04:52 PM Page 2 of 3 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THAT CERTAIN MINERAL AND ROYALTY DEED MADE JANUARY 2", 2018, BY AND BETWEEN FAIRMEADOWS LIQUIDATION TRUST, AS GRANTOR, AND INCLINE NIOBRARA PARTNERS, LP, AS GRANTEE Legal Description Township 5 North, Range 65 West, 6th P.M. Section 3: ALL Section 4: NE Township 6 North, Range 65 West, 6th P.M. Section 28: W2SE 4364727 01/02/2018 04:52 PM Page 3 of 3 EXHIBIT "B" ATTACHED TO AND MADE A PART OF THAT CERTAIN MINERAL AND ROYALTY DEED MADE JANUARY 2N°, 2018, BY AND BETWEEN FAIRMEADOWS LIQUIDATION TRUST, AS GRANTOR, AND INCLINE NIOBRARA PARTNERS, LP, AS GRANTEE This Exhibit is attached as a supplement to the Mineral and Royalty Deed in order to more particularly describe the wellbore interests that are being reserved and retained by the Grantor, which are as follows: Well Name Operator API Legal DAVIS FARMS 33-28 PDC ENERGY INC 05-123-10706 NWSE-28-6N-65W DAVIS FARMS 7-4 NOBLE ENERGY INC 05-123-12972 SWNE-4-5N-65W NOFFSINGER 2-4 EXTRACTION OIL & GAS LLC 05-123-13205 NWNE-4-5N-65W NOFFSINGER 8-4 NOBLE ENERGY INC 05-123-13551 SENE-4-5N-65W GLENDENNING 13-3 NOBLE ENERGY INC 05-123-13120 SWSW-3-5N-65W STOUT 9-4 NOBLE ENERGY INC 05-123-15765 NESE-4-5N-65W WESTERN SUGAR 4-43 NOBLE ENERGY INC 05-123-18519 SWSE-4-5N-65W ANDERSON 4-44 NOBLE ENERGY INC 05-123-19237 SWSE-4-5N-65W HOWARD 4-42 NOBLE ENERGY INC 05-123-19249 SWSE-4-5N-65W DUGGAN 4-45 NOBLE ENERGY INC 05-123-27333 SESE-4-5N-65W DERR 24-4 NOBLE ENERGY INC 05-123-30773 SENE-4-5N-65W DERR 21-4 NOBLE ENERGY INC 05-123-30775 SENE-4-5N-65W DERR 17-4 NOBLE ENERGY INC 05-123-30781 SENE-4-5N-65W SHERLEY J-4-9Hc EXTRACTION OIL & GAS LLC 05-123-40899 NWNW-4-5N-65W SHERLEY H-4-9HN EXTRACTION OIL & GAS LLC 05-123-40900 NWNW-4-5N-65W SHERLEY I-4-9HN EXTRACTION OIL & GAS LLC 05-123-40932 NWNW-4-5N-65W WINTERS 33-3 NOBLE ENERGY INC 05-123-31652 NWSW-3-5N-65W WINTERS 35-3 NOBLE ENERGY INC 05-123-31655 NWSW-3-5N-65W WINTERS 23-3 NOBLE ENERGY INC 05-123-31657 NWSW-3-5N-65W WINTERS 19-3 NOBLE ENERGY INC 05-123-31658 NWSW-3-5N-65W WINTERS 31-3 NOBLE ENERGY INC 05-123-31781 SWNW-3-5N-65W WINTERS 30-3 NOBLE ENERGY INC 05-123-31782 SWNW-3-5N-65W WINTERS 18-3 NOBLE ENERGY INC 05-123-31785 SWNW-3-5N-65W WINTERS 29-3 NOBLE ENERGY INC 05-123-31786 SWNW-3-5N-65W WINTERS 22-3 NOBLE ENERGY INC 05-123-31787 SWNW-3-5N-65W WINTERS 32-3 NOBLE ENERGY INC 05-123-31788 SWNW-3-5N-65W WINTERS 4-3 NOBLE ENERGY INC 05-123-21385 NWNW-3-5N-65W WINTERS 5-3 NOBLE ENERGY INC 05-123-21389 SWNW-3-5N-65W BLISS 14-3 NOBLE ENERGY INC 05-123-21431 SESW-3-5N-65W FAIRMEADOWS 11-3 EXTRACTION OIL & GAS LLC 05-123-13585 NESW-3-5N-65W GLENDENNING 13-3 NOBLE ENERGY INC 05-123-13120 SWSW-3-5N-65W 4849188 08/17/2022 11:56 AM Total Pages: 9 Rec Fee: $53.00 Carly Koppes - Clerk and Recorder, Weld County , CO RECORDATION REQUESTED BY: Verus Bank of Commerce Verus Bank of Commerce 3700 S College Avenue, Unit 102 Ft Collins, CO 80525 WHEN RECORDED MAIL TO: Verus Bank of Commerce Verus Bank of Commerce 3700 S College Avenue, Unit 102 Ft Collins, CO 80525 SEND TAX NOTICES TO: Verus Bank of Commerce Verus Bank of Commerce 3700 S College Avenue, Unit 102 Ft Collins, CO 80525 FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated August 15, 2022, among Sunset Industrial, LLC, whose address is 105 Coronado Ct. Unit A101, Fort Collins , CO 80525; J-2 Real Estate, LLC a Colorado Limited Liability Company, whose address is 105 Coronado Ct, Suite A-101, Ft Collins, CO 80525 and J-2 Contracting Company, Inc, whose address is 105 Coronado Ct, Suite A-101, Ft Collins, CO 80525 ("Grantor"); Verus Bank of Commerce, whose address is Verus Bank of Commerce, 3700 S College Avenue, Unit 102, Ft Collins, CO 80525 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of Weld County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Weld County, State of Colorado: THE E 1/2 OF NW 1/4, THE NE 1/4 OF THE SW 1/4, THE E 1/2 OF THE SW 1/4 OF THE NW 1/4, AND THE E 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND THAT PART OF THE SE 1/4 OF THE SW 1/4 AND THE E 1/2 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LYING NORTH OF THE EIGHTH STREET ROAD EXCEPT THAT PORTION DESCRIBED IN DEED RECORDED SEPTEMBER 24, 1982 AT RECEPTION NO. 1904628 The Real Property or its address is commonly known as 1507 E 8th Street, Greeley, CO 80631. The Real Property tax identification number is R2581503. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possacion and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach 4849188 08/17/2022 11:56 AM Page 2 of 9 DEED OF TRUST (Continued) Page 2 or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any restructuring of the legal entity (whether by merger, division or otherwise) or any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor 4849188 08/17/2022 11:56 AM Page 3 of 9 DEED OF TRUST (Continued) Page 3 or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain flood insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Flood insurance may be purchased under the National Flood Insurance Program, from private insurers providing "private flood insurance" as defined by applicable federal flood insurance statutes and regulations, or from another flood insurance provider that is both acceptable to Lender in its sole discretion and permitted by applicable federal flood insurance statutes and regulations. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer, (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon the occurrence of any Event of Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, provided, however, to the extent any such Real Property description, title insurance policy, title report or final title opinion includes any reference to or any document referencing "statutory exceptions", Grantor shall nonetheless warrant and forever defend the title to the Property against all such statutory exceptions, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of 4849188 08/17/2022 11:56 AM Page 4 of 9 DEED OF TRUST (Continued) Page 4 Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Uens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Properly. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust, Trustee may, upon production of documents and fees as required under applicable law, release this Deed of Trust, and such release shall constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or fumished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or famished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement conceming any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Borrower's or Grantor's financial condition, or Lender believes the 4849188 08/17/2022 11:56 AM Page 5of9 DEED OF TRUST (Continued) Page 5 prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Borrower would be required to pay. Foreclosure. Lender shall have the right to cause all or any part of the Real Property, and Personal Property, if Lender decides to proceed against it as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of the sale, including but not limited to Trustee's fees, attorneys' fees, and the cost of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled to the excess. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Sale of the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it files a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Upon any sale of the Property, whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings, if the holder of the Note is a purchaser at such sale, it shall be entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase price of the Property purchased, and, in such case, this Deed of Trust, the Note, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fees; Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law, Trustee shall have all of the rights and duties of Lender as set forth in this section. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. 4849188 08/17/2022 11:56 AM Page 6 of 9 DEED OF TRUST (Continued) Page 6 Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Colorado. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Larimer County, State of Colorado. Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Verus Bank of Commerce, and its successors and assigns. Borrower. The word "Borrower" means Sunset Industrial, LLC and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means Sunset Industrial, LLC; J-2 Real Estate, LLC a Colorado Limited Liability Company; and J-2 Contracting Company, Inc. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means Verus Bank of Commerce, its successors and assigns. Note. The word "Note" means the promissory note dated August 15, 2022, in the original principal amount of 4849188 08/17/2022 11:56 AM Page 7 of 9 RYan onnell, rofS DEED OF TRUST (Continued) Page 7 $2,250,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is July 15, 2037. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collect Vely the Real Property and the Personal Property. Real Property. The words "Real Property' mean the real property, interests and rights, as further described in this Deed of Trust Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word 'Trustee" means the Public Trustee of Weld County, Colorado. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: D'Sturdy,Member of Sunset Industrial, LLC ustrial, LLC h J-2 REAL ESTATE, Industrial, LLC By: M Leone, Company By' -Chance W Brown, Ma Liability Company er Industrial, LLC CO -+ DO LIMITED UABIUTY COMPANY, Member of Sunset ger of J-2 Real Estate, LLC a Colorado Limited Liability J-2 REAL By: Real Estate, LLC a Colorado Limited A C+ -+ nO LIMITED LIABILITY COMPANY this M Leone, Manager of J-2 Real Estate, LLC a Colorado Limited Liability Company Brown, Manager Liability Company J-2 CONTRAC BY: INC Estate, LLC a Colorado Limited esident of .1-2 Contracting Company, Inc Brown, Vice' of J-2 •ntracting Company, Inc 4849188 08/17/2022 11:56 AM Page 8 of 9 DEED OF TRUST (Continued) Page 8 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF 1. a COUNTY OF l 2*,P,\ This record was acknowledged before me on Sunset Industrial, LLC; Ryan McConnell, Member of Sunset Industrial, LLC; Carol L Shima, Member of Sunset Industrial, LLC; A S BICKNELL Notary Pubh State of Colorado do Notary ID ii 19 34017727 xpir65s 11-26-2025 Signature of Notarial Officer Notary Public in and for the State of My commission expires ) )SS u I 20 by Michael D Sturdy, Member of ©c'c O STATE OFCC) 1 b COUNTY OF LIMITED LIABILITY COMPANY ACKNOWLEDGMENT This record was acknowledged before me J-2 Real Estate, LLC a Colorado Limited Liability Company and Chance W Brown, Manager of Real Ete, LLC a Colorado Limited Liability Company. ANGELA M KINDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034017337 My Commission Expires: October 02, 2022 , 20 by ris M Leone, Manager of Signature of Nrial Officer Notary Public in and for the State of My commission expires CORPO STATE OF Cb © r COUNTY OF L This record was acknowledged before me on J-2 Contracting Company, Inc and Chance W Brown, Vice President RATE ACKNOWLEDGMENT ANGELA M KINDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034017337 M Commission Ex •'res: October 02, 2022 SS J-2 Con 20by ris M cting •mpa ne, President of Signature of'.tarial Officer Notary Public in and for the State of My commission expires L U / Gi' 1.O LaserPro, Ver. 22.2.10.018 Copr. Finastra USA Corporation 1997, 2022. All Rights Reserved. - CO G:ILSRPROICFr L.PL\G01.FC TR-5270 PR -35 4849188 08/17/2022 11:56 AM Page 9 of 9 Notary Acknowledgement State of Colorado )ss County of Latimer The foregoing instrument was acknowledged before me on this day of August 15, 2022 by Chris M. Leone, Manager of J-2 Real Estate, LLC, a Colorado Limited Liability Company, Member of Sunset Industrial, LLC, and Chance W. Brown, 111 eager of J,2 Real Estate, LLC, a Colorado Limited Liability Company, Member of Sunset Industrial, LLC. Notary Publi My Commiss n expires ANGELA M KINDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034017337 M Commission Ex.'res: October02, 2022 4849189 08/17/2022 11:56 AM Total Pages: 7 Rec Fee: $43.00 Carly Koppes - Clerk and Recorder, Weld County , CO RECORDATION REQUESTED BY: Verus Bank of Commerce Verus Bank of Commerce 3700 S College Avenue, Unit 102 Ft Collins, CO 80525 WHEN RECORDED MAIL TO: Verus Bank of Commerce Verus Bank of Commerce 3700 S College Avenue, Unit 102 Ft Collins, CO 80525 SEND TAX NOTICES TO: Verus Bank of Commerce Verus Bank of Commerce 3700 S College Avenue, Unit 102 Ft Collins, CO 80525 FOR RECORDER'S USE ONLY ASSIGNMENT OF RENTS MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Assignment shall not exceed at any one time $2,250,000.00 except as allowed under applicable Colorado law. THIS ASSIGNMENT OF RENTS dated August 15, 2022, is made and executed between Sunset Industrial, LLC, whose address is 105 Coronado Ct. Unit A101, Fort Collins , CO 80525; J-2 Real Estate, LLC a Colorado Limited Liability Company, whose address is 105 Coronado Ct, Suite A-101, Ft Collins, CO 80525 and J-2 Contracting Company, Inc, whose address is 105 Coronado Ct, Suite A-101, Ft Collins, CO 80525 (referred to below as "Grantor") and Verus Bank of Commerce, whose address is 3700 S College Avenue, Unit 102, Ft Collins, CO 80525 (referred to below as "Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located in Weld County, State of Colorado: THE E 1/2 OF NW 1/4, THE NE 1/4 OF THE SW 1/4, THE E 1/2 OF THE SW 1/4 OF THE NW 1/4, AND THE E 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND THAT PART OF THE SE 1/4 OF THE SW 1/4 AND THE E 1/2 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LYING NORTH OF THE EIGHTH STREET ROAD EXCEPT THAT PORTION DESCRIBED IN DEED RECORDED SEPTEMBER 24, 1982 AT RECEPTION NO. 1904628 The Property or its address is commonly known as 1507 E 8th Street, Greeley, CO 80631. The Property tax identification number is R2581503. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. BORROWERS WAIVERS AND RESPONSIBILITIES. Lender need not tell Borrower about any action or inaction Lender takes in connection with this Assignment. Borrower assumes the responsibility for being and keeping informed about the Property. Borrower waives any defenses that may arise because of any action or inaction of Lender, including without limitation any failure of Lender to realize upon the Property, or any delay by Lender in realizing upon the Property. Borrower agrees to remain liable under the Note with Lender no matter what action Lender takes or fails to take under this Assignment. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantors obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDERS RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following rights, powers and authority: Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and 4849189 08/17/2022 11:56 AM Page 2 of 7 ASSIGNMENT OF RENTS (Continued) Page 2 directing all Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other insurance effected by Lender on the Property. Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Colorado and also all other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such conditions as Lender may deem appropriate. Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents. Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall determine the application of any and all Rents received by it; however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until paid. FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be paid by Grantor, if permitted by applicable law. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Assignment or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Rents or the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity, The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon the occurrence of any Event of Default. DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Borrower, any guarantor or Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's, any guarantor's or Grantor's property or ability to perform their respective obligations under this Assignment or any of the Related Documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Assignment or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against the Rents or any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, or borrowed against. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. 4849189 08/17/2022 11:56 AM Page 3 of 7 ASSIGNMENT OF RENTS (Continued) Page 3 Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty that Borrower would be required to pay. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Attorneys' Fees; Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions. This Assignment has been accepted by Lender in the State of Colorado. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Larimer County, State of Colorado. Joint and Several Liability. All obligations of Borrower and Grantor under this Assignment shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Assignment. Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Assignment Merger. There shall be no merger of the interest or estate created by this Assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the singular shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one person signs this Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. 4849189 08/17/2022 11:56 AM Page 4 of 7 ASSIGNMENT OF RENTS (Continued) Page 4 Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender. Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of any other provision of this Assignment. Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Assignment. Waive Jury. All parties to this Assignment hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Assignment. Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code: Assignment The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time. Borrower. The word "Borrower" means Sunset Industrial, LLC. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in the default section of this Assignment. Grantor. The word "Grantor" means Sunset Industrial, LLC; J-2 Real Estate, LLC a Colorado Limited Liability Company; and J-2 Contracting Company, Inc. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this Assignment. Lender. The word "Lender" means Verus Bank of Commerce, its successors and assigns. Note. The word "Note" means the promissory note dated August 15, 2022, in the original principal amount of $2,250,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Assignment" section of this Assignment. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to receive and collect payment and proceeds thereunder. 4849189 08/17/2022 11:56 AM Page 5of7 ASSIGNMENT OF RENTS (Continued) Page 5 THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON AUGUST 15, 2022. GRANTOR: Michael Dttrrdy, Member of Sunset I Br J-2 REAL ESTATE, Industrial, LLC BY: Chris"M Leone, Company 0 LIMITED LIABILITY COMPANY, Member of Sunset Manager of J-2 Real Estate, LLC a Colorado Limited Liability W Brown, Ma F of _._ n Real Estate, LLC a Colorado Limited Liability Company _. J-2 REAL EST By: B -i t' 0 LIMITED LIABILITY COMPANY M Leone, Manager of J-2 Real Estate, LLC a Colorado Limited Liability Company ;.Chao = W Brown, Liability Company J-2 CO By: P CCJtris-M'teone, President of J-2 Contracting Company, Inc NC Real Estate, LLC a Colorado Limited chant%m' :":wn, Vice P f ':ent of J-2 Contracting Company, Inc STATE OF (.C&a COUNTY OF LIMITED LIABILITY COMPANY ACKNOWLEDGMENT )SS i -she This record was acknowledged before me on U 4 20 9,24 by Michael D Sturdy, Member of Sunset Industrial, LLC; Ryan McConnell, Member of Sunset Industrial, LLC; Carol L Shima, Member of Sunset Industrial, LLC.,-C hr USA L BICK:NE Li Notary 7ubllc State of Colorado -do Notary ID #19934017727 y mt i artExpires 1'1-2b-1025 Signature of Notarial Officer 3 Notary Public in and for the State of l R k C8 r° My commission expires 4849189 08/17/2022 11:56 AM Page 6 of 7 ASSIGNMENT OF RENTS (Continued) Page 6 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF CO I a COUNTY OF This record was admowiedged before me on J-2 Real Estate, LLC a Colorado Limited Liability Company and Chan Liability Company. ANGELA M KINDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034017337 My Commission Expires: October 02, 2022 ) )SS Signature of NotarOfficer Notary Public in ari8 for the State of My commission expires IL 1,0l..2_ STATE OF CORPORATE ACKNOWLEDGMENT COUNTY OF SS This record was acivlowledged before me on w, J-2 Contracting Company, Inc and Chance W Brown, Vice President of J - ANGELA M KINDER NOTARY PUBLIC STATE OF COLORADO' NOTARY ID 20034017337 [V3 Commission Ex. Fes: October 02, 2022 Signature of No '-'j Officer Notary Public in anor the State of C° f 0 r My commission expires of LaserPro, Ver. 22.2.10.018 Copr. Finastra USA COrporation 1997, 2022. All Rights Reserved. - CO G:\LSRPRO\CFI\LPL\G14.FC TR-5270 PR -35 4849189 08/17/2022 11:56 AM Page 7 of 7 Notary Acknowledgement State of Colorado )ss County of Larimer The foregoing instrument was acknowledged before me on this day of August 15, 2022 by Chris M. Leone, Manager of J-2 Real Estate, LLC, a Colorado Limited Liability Company, Member of Sunset Industrial, LLC, and Chance W. Brown,/Nanager of 1=2 Real Estate, LLC, a Colorado Limited Liability Company, Member of Sunset Industrial, LLC. Notary Public My Commissiofl expires ANGELA M KINDER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034017337 M Commission Ex•ires: October 02.2022 4863536 10/26/2022 04:11 PM Total Pages: 9 Rec Fee: $53.00 Carly Koppes - Clerk and Recorder, Weld County , CO RECORDATION REQUESTED BY: Verus Bank of Commerce 3700 S. College Ave, Suite 102 Fort Collins, CO 80525 WHEN RECORDED MAIL TO: Verus Bank of Commerce 3700 S. College Ave, Suite 102 Fort Collins, CO 80525 SEND TAX NOTICES TO: Verus Bank of Commerce 3700 S. College Ave, Suite 102 Fort Collins, CO 80525 FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated October 25, 2022, among Sunset Industrial LLC, whose address is 105 Coronado Ct Unit A101, Fort Collins, CO 80525. ("Grantor"); Verus Bank of Commerce, whose address is 3700 S. College Ave, Suite 102, Fort Collins, CO 80525 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of Weld County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Weld County, State of Colorado: 1507 E 8TH ST WELD PT W2 3 5 65 BEG S01 D28'W 2813.2' OF N4 COR SEC N43D11'W 224.5' N60D30'W 425' NO 4D38'E 54.3' N60D48'W 290' N0D52'E 178' N60D15'W 87.9' N87D12'W 75' S62D04'W 47. 9' N87D39'W 176.9' S77D53'W 119.6' N75D0 The Real Property or its address is commonly known as 1507 E 8th Street, Greeley, CO 80631. The Real Property tax identification number is R2581503. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest 4863536 10/26/2022 04:11 PM Page 2 of 9 DEED OF TRUST (Continued) Page 2 in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any restructuring of the legal entity (whether by merger, division or otherwise) or any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain flood insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Flood insurance may be purchased under the National Flood Insurance Program, from private insurers providing "private flood insurance" as defined by applicable federal flood insurance statutes and regulations, or from another flood insurance provider that is both acceptable to Lender in its sole discretion and permitted by applicable federal flood insurance statutes and regulations. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the 4863536 10/26/2022 04:11 PM Page 3 of 9 DEED OF TRUST (Continued) Page 3 Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon the occurrence of any Event of Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, provided, however, to the extent any such Real Property description, title insurance policy, title report or final title opinion includes any reference to or any document referencing "statutory exceptions", Grantor shall nonetheless warrant and forever defend the title to the Property against all such statutory exceptions, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of 4863536 10/26/2022 04:11 PM Page 4 of 9 DEED OF TRUST (Continued) Page 4 Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust, Trustee may, upon production of documents and fees as required under applicable law, release this Deed of Trust, and such release shall constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT, Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Borrower's or Grantor's financial condition, or Lender believes the 4863536 10/26/2022 04:11 PM Page 5 of 9 DEED OF TRUST (Continued) Page 5 prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Borrower would be required to pay. Foreclosure. Lender shall have the right to cause all or any part of the Real Property, and Personal Property, if Lender decides to proceed against it as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of the sale, including but not limited to Trustee's fees, attorneys' fees, and the cost of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled to the excess. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Sale of the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it files a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Upon any sale of the Property, whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings, if the holder of the Note is a purchaser at such sale, it shall be entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase price of the Property purchased, and, in such case, this Deed of Trust, the Note, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fees; Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law, Trustee shall have all of the rights and duties of Lender as set forth in this section. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such 4863536 10/26/2022 04:11 PM Page 6 of 9 DEED OF TRUST (Continued) Page 6 form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Colorado. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Larimer County, State of Colorado. Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Verus Bank of Commerce, and its successors and assigns. Borrower. The word "Borrower" means Sunset Industrial LLC and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Deed of Trust. Grantor. The word "Grantor" means Sunset Industrial LLC; J-2 Real Estate, LLC; J-2 Contracting Company, Inc; Chris M Leone; Chance W Brown; Michael D Sturdy; Ryan McConnell; and Carol L Shima. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the 4863536 10/26/2022 04:11 PM Page 7 of 9 DEED OF TRUST (Continued) Page 7 Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means Verus Bank of Commerce, its successors and assigns. Note. The word "Note" means the promissory note dated October 25, 2022, in the original principal amount of $1,125,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is October 25, 2034. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means the Public Trustee of Weld County, Colorado. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: SUNSET INDU Chris M"Leone, Manager of Sunset Industrial LLC set Industrial LLC J-2 REAL EST By: _Claris"-M Leone, Manager of J-2 Real Estate, LLC nce J-2 CONTRA By: / +Stf�l Leone, President of J-2 Contracting Company, Inc ager of J-2 Real Estate, LLC INC X ichael D Sturdy, Individually Ryan McConnell, Individually ShTma, In J-2 Contracting Company, Inc 4863536 10/26/2022 04:11 PM Page 8 of 9 DEED OF TRUST (Continued) Page 8 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF 640001 0 SS COUNTY OFLA-6,444 This record was acknowledged before me on Sunset Industrial LLC and Chance W Brown, Manager of Sunset Industrial LLC. , 20 Z by Chris M Leone, Manager of Sign.' `'of N "`.rialCOfN RY PUBLIC �- Notary ublic • in andjQTAT Aa �0 }wlu' O0 M comgR' MY COMMISSION EX E$ Pap2•'" Y • STATE OF LIMITED LIABILITY COMPANY ACKNOWLEDGMENT 616 aid o )SS COUNTY OF u7 7�� This record was acknowledged before me on '- J-2 Real Estate, LLC and Chance W Brown, Manager of J-2 Real Estate, LLC. , 20 2, by Chris M Leone, Manager of s. �ur� o ' SC otana OffPdli{EREY AARY PUB Notary P blic in and fgdlm blistaccigo NOT ID 19140 My commisstpr e CORPORATE ACKNOWLEDGMENT STATE OF s� "'►j'1 0 SS COUNTY OF r/e/1 This record was acknowledged before me on t! , 20 J-2 Contracting Company, Inc and Chance W Brown, Vice President of J-2 Contracting Company, Inc. by Chris M Leone, President of Signtu of Notarial Ot*IFRY PUBLIC � Notary ublic in and sal lfe�t�'t�bpR��iXI/ NO` TARY ID 1991401 4g My co ' fssina irvb 10 4863536 10/26/2022 04:11 PM Page 9 of 9 DEED OF TRUST (Continued) Page 9 INDIVIDUAL ACKNOWLEDGMENT STATE OFl_-/&72-.4 Cl Q ) SS COUNTY OF N'1 (W.491 This record was acknowledged before me on dc_44-4.6re 25 Brown; Michael D Sturdy; Ryan McConnell; and Carol L Shima. , 20 by Chris M Leone; Chance W S : `ture P "ariiiftletrPUBLIC / No . ry Public in SiiiiiEr01100ft;s61 NOTARY ID 1 1E F My orr7 3 �is�i�`�°�i�fiGK3N E. GLr2 LaserPro, Ver. 22.2.10.018 Copr. Finastra USA Corporation 1997, 2022. All Rights Reserved. - CO C:ILSRPROICFIILPL1G01.FC TR-5326 PR -35 4863537 10/26/2022 04:11 PM Total Pages: 6 Rec Fee: $38.00 Carly Koppes - Clerk and Recorder, Weld County , CO RECORDATION REQUESTED BY: Verus Bank of Commerce 3700 S. College Ave, Suite 102 Fort Collins, CO 80525 WHEN RECORDED MAIL TO: Verus Bank of Commerce 3700 S. College Ave, Suite 102 Fort Collins, CO 80525 SEND TAX NOTICES TO: Verus Bank of Commerce 3700 S. College Ave, Suite 102 Fort Collins, CO 80525 FOR RECORDER'S USE ONLY ASSIGNMENT OF RENTS MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Assignment shall not exceed at any one time $1,125,000.00 except as allowed under applicable Colorado law. THIS ASSIGNMENT OF RENTS dated October 25, 2022, is made and executed between Sunset Industrial LLC, whose address is 105 Coronado Ct Unit A101, Fort Collins, CO 80525. (referred to below as "Grantor") and Verus Bank of Commerce, whose address is 3700 S. College Ave, Suite 102, Fort Collins, CO 80525 (referred to below as "Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located in Weld County, State of Colorado: 1507 E 8TH ST WELD PT W2 3 5 65 BEG S01D28'W 2813.2' OF N4 COR SEC N43D11'W 224.5' N60D30'W 425' NO 4D38'E 54.3' N60D48'W 290' N0D52'E 178' N60D15'W 87.9' N87D12'W 75' S62D04'W 47. 9' N87D39'W 176.9' S77D53'W 119.6' N75D0 The Property or its address is commonly known as 1507 E 8th Street, Greeley, CO 80631. The Property tax identification number is R2581503. FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Borrower whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Assignment secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. BORROWER'S WAIVERS AND RESPONSIBILITIES. Lender need not tell Borrower about any action or inaction Lender takes in connection with this Assignment. Borrower assumes the responsibility for being and keeping informed about the Property. Borrower waives any defenses that may arise because of any action or inaction of Lender, including without limitation any failure of Lender to realize upon the Property, or any delay by Lender in realizing upon the Property. Borrower agrees to remain liable under the Note with Lender no matter what action Lender takes or fails to take under this Assignment. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following rights, powers and authority: Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other insurance effected by Lender on the Property. Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Colorado and also all other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. 4863537 10/26/2022 04:11 PM Page 2 of 6 ASSIGNMENT OF RENTS (Continued) Page 2 Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such conditions as Lender may deem appropriate. Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents. Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall determine the application of any and all Rents received by it; however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until paid. FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be paid by Grantor, if permitted by applicable law. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Assignment or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Rents or the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon the occurrence of any Event of Default. DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Borrower, any guarantor or Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's, any guarantor's or Grantor's property or ability to perform their respective obligations under this Assignment or any of the Related Documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Assignment or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against the Rents or any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, or borrowed against. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty that Borrower would be required to pay. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's 4863537 10/26/2022 04:11 PM Page 3 of 6 ASSIGNMENT OF RENTS (Continued) Page 3 attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Attorneys' Fees; Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment: Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions. This Assignment has been accepted by Lender in the State of Colorado. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Larimer County, State of Colorado. Joint and Several Liability. All obligations of Borrower and Grantor under this Assignment shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Assignment. Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Assignment. Merger. There shall be no merger of the interest or estate created by this Assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the singular shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one person signs this Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender. Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of any other provision of this Assignment. Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to 4863537 10/26/2022 04:11 PM Page 4 of 6 ASSIGNMENT OF RENTS (Continued) Page 4 this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Assignment. Waive Jury. All parties to this Assignment hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Assignment. Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code: Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time. Borrower. The word "Borrower" means Sunset Industrial LLC. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in the default section of this Assignment. Grantor. The word "Grantor" means Sunset Industrial LLC; J-2 Real Estate, LLC; J-2 Contracting Company, Inc; Chris M Leone; Chance W Brown; Michael D Sturdy; Ryan McConnell; and Carol L Shima. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this Assignment. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision of this Assignment, together with all interest thereon. Lender. The word "Lender" means Verus Bank of Commerce, its successors and assigns. Note. The word "Note" means the promissory note dated October 25, 2022, in the original principal amount of $1,125,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Assignment" section of this Assignment. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to receive and collect payment and proceeds thereunder. 4863537 10/26/2022 04:11 PM Page 5 of 6 ASSIGNMENT OF RENTS (Continued) Page 5 THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON OCTOBER 25, 2022. GRANTOR: SUNSETINDU�&Y By: -Mleone, Manager of Sunset Industrial LLC nce Brow, Manager •f Sunset Industrial LLC J-2 REAL ESTAT „L�C/ ''' e Mana Manager , C!�rt._s JN'Leo g r of J-2 Real Estate, LLC nce ' Brown, J-2 CONTRACTING By: By: X -2 Real Estate, LLC Chris Nkf.L•edhe, President of J-2 Contracting Company, Inc ce W Bro Chris eorle,' Individually Ryan MccCCon 11, Individually Caro Caro�TL Slfima, Individually t of J-2 Contracting Company, Inc STATE OF LIMITED LIABILITY COMPANY ACKNOWLEDGMENT C�1iP#tY'a COUNTY OF IA Q r 'n SS This record was acknowledged before me on 0.5 , 20 by Chris M Leone, Manager of Sunset Industrial LLC and Chance W Brown, Manager of Sunset Industrial LLC. Signatur EY A '1 HOONOVER §T COLORAD ur• otari I ��ic�� ,�N,OQ NOTARY ID c •1�9•9�1,40122 Pua)is dba3f9InIN gil)ft'(Q My commission expires 4863537 10/26/2022 04:11 PM Page 6 of 6 ASSIGNMENT OF RENTS (Continued) Page 6 STATE OF LIMITED LIABILITY COMPANY ACKNOWLEDGMENT COUNTY OF This record was acknowledged before me on J-2 Real Estate, LLC and Chance W Brown, Manager of J-2 Real Estate, LLC. SS , 20 11 by Chris M Leone, Manager of turL of Not aTfii1k t it FOLORAD NOWY lI 1991401224 OleolifflitMy commission expires I . za2-3 CORPORATE ACKNOWLEDGMENT STATE OF CUB dei ) SS COUNTY OF h /► Alf This record was acknowledged before me on 2r , 20 22. by Chris M Leone, President of J-2 Contracting Company, Inc and Chance W Brown, Vice President of J-2 Contracting Company, Inc. Signatu a of Notarial OIARY PUBLIC Notary ublic in andSariiliglttag)R NOTARY)NOTARYA 19 14 My com is ilarr4iVerei 31O glEk4 STATE OF INDIVIDUAL ACKNOWLEDGMENT COUNTY OF 1.J) This record was acknowledged before me on Brown; Michael D Sturdy; Ryan McConnell; and Carol L Shima. SS , 20 2- by Chris M Leone; Chance W Sig ure of Notariab9fam PUBLIC Not •' Public in $iggltgOle (S3k►i R D IC) PA NOTARY ID 19914Q 246/ My ..m;r'rOatiVTI 6:10N EXPIRES/506.6.. trig < LaserPro, Ver. 22.2.10.018 Copr. Finastra USA Corporation 1997, 2022. All Rights Reserved. - CO C:ILSRPROICFIILPLIG14.FC TR-5326 PR -35 1 . Denver, Colorado ' September 24. 1981 Cr Mrs. Mary Ann Feuerstein Weld County.Clerk/Recorder P. 0. Box 459 Greeley, Colorado 80631 Dear Ms. Feuerstein: • •o N a 0 0 Re: Senate Bill No. 172 -1981 -CRS 9-1.5-103, Establishing Procedures for the Protection of -Underground Facilities from Damage Caused by Excavation Work In compliance with Senate Bill No. 172 enacted by the General Assembly of Colorado. we are providing you with the, following information:. . 1. Name of Operator of Underground Facilities: Mountain Bolt 2.• Area Saved by Mountain Bell: See attached map '3. Telephone Number of Location Center: 226-6310 .S. 4 x:. , Job Title of Location Center Supervisor: Assistant Manager Address of Location Center: 4620 S. College Avenue Ft. Collins. Colorado 80525 If you have any questions or comments regarding this information, please contact Mike Ragan on 624-6409. Yours truly, I ' R. ;C. Lange ';District Staff Manager -Distribution Services ti�{•ltiici:itttt fu.TH[A13 MOOR 'IN' i. .-.C .r..'i'tPA ':•J At„ r.• • t 1' GL�°5 ;eve,..• . . . ,. I X49 RECEPTION 0705 070fi DOOK. 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S:011 •t�i.l Ire iau Warr _ 77F7■Q■=me Ilk_ r•'-ai_-it4'1moiha. •;r.31-�■.�.3 Iti�il/rags' ■1�■ •t■ 1 , PNO mill■ t'•L Niim� -�j inI+d►•-- �� a 3L� ■■ r iliftej-7_4 _4.--‘1, litMillillillbe * P15'5 -zi`,- 4 .1'178S P11,, 4 Ott !:4? I!I■i■ :j{ 'r :- I;;Immitirlill Mt' , , /..1 tlia",I IR�M.l i� UtI■S1ic■B / �_/ AR�■IEI■ Worm W■rd/ 'Iia.EIR■I���1�1Ie[R1�R Sr1fei 4■■t11,IIRN N ■C+�71pi lun MUM mom -�.,Rs Wr■■I r�aIC r Ilan nil -.sMIMI, .• t7t:rriu�p��t �t1 ■1 �+�■��;+� ^ �■O I.-' J IIiam jV■rai!.lf, ■/ � �1 �,Li:U r� p ®■����� �L�i�����t]a� "� ;` �� ■tea■1 I I I I iG I I I I i a BOOK. `9 RECEPTION. $87`.. DAE. 1. 7 TIME.r'. P 1 MARY ANN FEUERSTEIN, Clerk and Recorder, Weld County, NOTICE OF GENERAL DE;:CRIPTION OF.AREA SERVED 3Y PANHANDLE EASTERN PIPE LrNE CONEANY CONCERNING UNDERGROUND FACILITIES PURSUANT TO :.R. S. SEC. 9-1.5-103 (1) (1981) Pursuant to C.S.S. Sec. 9-1.5-103 (1) (1981), Panhandle Eastern Pipe Line Company herebygives notice of the futl:r4ing information: 1. Panhandle Eastern Pipe Line Company owns end maintains underground facili- ties within the County of Weld , State of Colorado, for the purposes of transmission and distribution of natural gas. 2. The general description of the area served by Panhandle Eastern Pipe Line Company within the County of Weld and State of Colorado, is as follows, to wit: See attached or accompanying system map and list of sections, townships and ranges. .3. Notice is given that Panhandle Eastern Pipe Line Company may place ad- ditional underground facilities in.the future anywhere within its general service area described in paragraph 2 above. 4. Anyone concerned with the location of the underground facilities of Panhandle :astern Pipe.Line Company within the County of Weld , State of Colorado, may obtain. necessary information regarding the same from the following person or persons: Name: G. E. Myrick Job Title: Area Superintendent Address: P.O. Sox 127=•rifthton. ^olorado Telephone No.: (303) 659-5922 Notice is further given that in the event said individual is no longer so employed .or retained,.contact should be made with that individual who occupies that job. title with Panhandle Eastern Pipe Line Company. 47/ SIGNED am SEAM this / day of -1 ! d , 1981. PANRANDIE EASTERN PIPE LINE COmFA STATE OF COLORADO ) � ) 3$. COUNTY OF (mil One ) . Robert J. Clair Right -of -Way Supervisor 2Pe oregoiag instrument was ac edge- for�A, a� this d day of ,, 1981, by r. CeApw _ , Pnnhenal E,me*Yi"41i•Fe Line Company. ,`�q ...... ', ••• NA ',+ * _: : �, ! t. Cssi Myosmon expires: l Z/ffr Address: hand and official seat. 'notary P IQ (7‘ /a7 Z341149-, Co **G 0 Notice of General Description ?age -2- $CCi<_ . s9 RECEPTION.. -18"756 6 St WELD COUNTY Township 1 North - Range 65 West Sections: 6, 7, 18, 31 Township 1 North - Range 66 West Sections: 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33, 34, 35, 36 Township 1 North - Range 67 West Sections: Township 1 1, 2, 3, 4, 5, 6, 7, 8, 9,1.0, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24,.25, 26, 27; 28, 29, 30, 31, 32, 33, 34, 35, 36 North - Renee 68 West Sections: Township 2 1, 3, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 24, 25, 36 North - Range 65 West Sections: Township 2 6, 7, 18, 19, 30, 31 North - Range 66 West Sections: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 Township 2 north - Range 67 West Sections: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 Township 2 North - Range 68 West Sections: 1, 2, 3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 36 Township 2 North - Range 63 West Sections: 5, 6, 7, 8, 9, 18 Township 3 North - Range 63 West Sections: 19, 21, 28, 29, 30, 32 Township 3 North - Range 65 West Sections: 6, 18, 19, 30, 31 Township 3 North - Range 66 West Ai. Notice of General Description ?age -3- ,:-. gCiL v •r%c. - - 1.....�. WELD COUNTY Township 3 North - Range 67 Vest Sections: 1, 2, 3, 4, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30. 31, 32, 33, 34, 35, 36 Township 3 North - Range 68 West Sections: 14, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36 Township 4 North - Range 65 West Sections: .7, 18, 19, 30, 31 Township 4 North - Range 66 West Sections: 2, 6, 10, 11, 12, 13, 14, 15, 19, 20, 22, 23, 24, 25, 26, 29, 31, 32, 33, 34, 35, 36 Township 4 North - Range 67 West Sections: 3, 4, 5, 6, 9, 10, 11, 12, 14, 16, 17, 19, 20, 21, 22, 27, 28, 33, 35, 36 Township 4 North - Range 68 West Sections: 1, 10, 11, 12, 13, 14, 15, 23, 24 Township 5 North - Range 66 West Sections: 27, 28, 29, 31 Township 5 North - Range 67 West Sections: 5, 8, 11, 14, 15, 16, 17, 21, 28, 32, 33, 34, 35, 36 SSW* MI6 lanai •Iwo * 1 M .• 1—� • s• • s • • • • N M I. 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RECEPT1ON.18740134 DATE.»»...'. nf• ,AAE�! 4421 ,A ARY ANN FEUERSTEIN, Clerle.and Recorder, W*Id County, Colorado POST OFFICE BOX 1668, FORT COLLINS, COLORADO. 80522 October 30, 1981 Office of Weld County Clerk b Recorder Post Office Box 459 Greeley, Colorado 80632 Attention: Mary Ann Feverstein, Clerk and,Recorder •.- To satisfy requirements of Paragraph 9-1.5-103(1) of Senate Bill No. 172 which became effective October 1, 1981, Public Service Company,of Colorado •. hereby desires to make the following information a matter.:of.public record: In regard to underground natural gas andelectric facllltiesin.'Weldkounty,_ Public Service Company of Colorado's Northern Division presently installs, ;, operates, and maintains natural gas and electric' facilities`yih;th`e,towns of Windsor,. Severance, Johnstown and Milliken and also'installs;;operates; and;;, maintains natural gas and electric facilities in the rural'areas{of..western 'Weld County in T4N-R66W, T4N-R67W, T4N-R68W, T5N-R66W, T5N-R67W T6N-R66W . T6N-R6714,T7N-R6614,T7N-R67W T8N-R67W, and T9N-R67W. • • • Specific information on the location of these natural gas and electri; facilities can be obtained from the Gas Engineering and Electric:'Engineering Departments= at: the Northern Division Service Center at 1800 East.Prospect Street.. in, Fort:Collins, phone 686-2291. h,:! df: ''f { ,' Public Service Company of Colorado's Boulder Division presently. installs,. operates,.and maintains natural gas and electric facilities in.the :towns'of; -Mead and Erie•and also installs, operates, and maintains natural-gas.and •,.. electric facilities in the rural areas. of Weld County in T1N-R68W:-.:,;- '.:-_ Specific information on -the location of these natural gas and electric:: facilities can be obtained from the Gas Engineering and Electric'Engineering; Departments at the 'Boulder Division Service Center at 2655 No.:63rd in, c;r Boulder, phone 443-1101. Page Two BooK , RECEPTION 1874084 October 30, 1981 Public Service Company of Colorado's Platte Valley Divisionpresently installs, operates,.and maintains natural gas facilities in the towns of Wattenberg, Lochbuie, and Fort Lupton, and in the rural areas of Weld County.in T3N-R67W, T2N-R67W, T1N-R67W, T2N-R66W, T1N-R66W, and T1N-R65W, and installs, operats, and maintains electric facilities in the towns of Platteville, Hudson, Keenes- burg, and Fort Lupton, and in the rural areas of Weld County in T1N-R63W, T2N-R63W, T1N-R64W, T2N-R64W, T3N-R64W, T1N-R65W, T2N-R65W, T3N-R65W, T1N-R66W, T2N-R66W, T3N-R66W, T4N-R66W, and T3N-R67W. Specific information on the location of these natural gas and electric facilities can be obtained from the Gas Engineering and Electric Engineering Departments at the Platte Valley Division Service Center at Highway 85 and Baseline Road in Brighton, Phone 659-1421. Sincerely, Jack Fowler Operations Manager, Northern.Division JF:as AR1919757 01 '. r),/,/[' S I. S /(O1:. i S'if'i t^:f'11.' ( nt)il F I Ilf 1•' : I I III I.I I {.;}. r- 1:'I f'ff1 i)I }' Lll I li i;il I WESTERN SLOPE GAS COMPANY 32O2 Piccadilly Road Aurora, Colorado 80011 March 9, 1983 Mrs. Mary Ann Feuerstein Weld County Clerk and Recorder 915 10th St. Greeley, Colorado Dear Mrs. Feuerstein: In Compliance with Senate Rill Number 172 a; enacted by the General Assembly, in 1981, we wish to advise you of the "Location Center" which serves as a notification for Western Slope Gas Company facilities located in Weld County as per the attached map. The Location Center is located at the Public Service Company build- ing, 18201 West 10th Avenue, Golden, Colorado 804O1. The dispatch telephone number is 571-7811. Any questions regarding Western Slope Gas Company facilities may be answered by our dispatcher. Sincerely Douglaf H. Smith Superintendent Mesa Division Western Slope Gas Co. DHS:gem ricad.71ER [ MEE/p2kH0UM AT THE {ivE ` 4E _c.:,! ATir,,: THS5 IT1- STK,,Lrr:T '1. f-i f -�,:� t'. Pr_ :T,f•.:i£1E1ATE F3q,Ti+F EE'I BECAVSE Of ILtEGLElL1TY. CA.MsOE1 OR PHOTO COPY. ut5COLO?[D PALER. ETC. ‘).1 `/.j `/ !i , ()'/ i ,t 5 5 . j .<. !i!I I I' -h`• Ili,i(Y f,1I( 1 i III 1•'::' II I+i I Ill' /. 1111lI•'[)'r I•' WI I zi I II, �:€I '8. 714 R68W z .._. r .- I !BUCKEYE. GP" 00 T.B._ :VALVE SET ASi:+ANP FEEDERS fiLLS ., TIMBERLINE LAKE , SHE 8" . TIMNATH a=( FT.'C0LLIN9 .!4 VCI.ci-TECH scHook. • 1 R67W C. L G. PURCH `IPOINT R 66W teS AULT C E0. PURCHAS& 12" POINT • Y u i 4.. FROTTN OIL A17i_f -TR - - AMUR ATi EA*UN TB. R65W R64 W R63W R62W R61W T 12 N T II N 10 N T 9 N T 8 N T 7 N RicORDfR'f TETTEoaANDUMM AT THE TIME O1 RECOPCAripr7, THIS IN- STALMENT WAS FOUND To es INADEQUATE. I(Ic{ 11,E 6tST Y.+.)TO: APII C AEI.kCDUcrION O.CAUi€ Q1 II ICIilttly, CA1BQhI ON M UNI twit, 6i%cQ(.ORRD IAPU. VC. R 59W Is LI -fiAmPtOff T.B. _ .t,. • SUVA • ejliAST LONGMONT TRILBY ROAD 'la . ` r LOVELAN EOM L *E MOMS KEUM INN!D1ER G FIELD AT or INDUSTRIAL if GP ERIE-4 IRl TOWN —J.66 OWN6Th LLEY EGP 4 81'T rrEr. - . �rr. fi ERIE -AIR12PARR ��-- X) PONY ft H /ESTATES, ^, 6 1 , 'N ►INDSOR -SEVERANCE ..]. Mgy 6" GREElYPURCI5E PT GREELEY - PLATTEV • HILL N-FRK W NBUYIfG - ; __ Pal l� PT oMP� tSYSTEM +.'' • GATHERIN FIELD FT. L.UP ON WHOM 'ELECTRIC/ FTIJPTONT.B. MOON-MN TB. • 0.W. SUGAR -- r, -6.r_ ,6 I1 �7.•WEST GEETY/A 2 SO. Yi SOUTH GATE 8 • 8' DIVISION BOUNDARY $ LAING GP T.B. • ' KEEAJESBURG Dearription o' as to served In 1A/G Id CooArr, by WESTERN SLOPE GAS COMPANY end sttewIM sorktfiroorml trciU-I.s t#ereln. Filed pwrswMt to Sectioe 9-L5-#03, Colored. Revised Statutes 1073, Its amsin4ed. THIS GENERAL DESCRIPTION Indicates the appeoxlmato loestloo ,f Western' Slops Got Compsray ew4st re..4 fsslHfies es of Tj9,uru4Ry /UV . Wore eztovotiog noar those Mw4orgrow►d focilities, tawtect -WEJ rcR.v ft rik G'/ CO ,'2 4U P/tt,c /ZL yAPAD _ 4URORA, ea. PtION _164 -6 79.Z oA',r7/- 7y// 12' ROGGEN I L/4" CT Y WELD CO_ ADAMS CO. •< o Lu 12" MORGAN CO SOJfTIi- ROGGEN ROUIDUP STORAGE 5, COM RESSOR STATION ROUNDUP -CIO PURCHASE POINT MORGAN CO. TT ADAMS CO. 1 F 6 N 5 N T 4 N 3 N T 2 N T N T Fl 103% PFC 0)4748)0 07/20/84 1S:4? 523.00 �1'r F i 196 MAPY ANN FF"t'L:PTE::N t'1.E:PF PEC(%PF)E:P WF:. ('o, '(, -� T1 a ----r—. J sw a• -....a1 ;U� Y AR1y7481u July 10, 1984 Weld County CLerk 6 Recorder 915 10th Street r_..bo:ny. rn Rns,31 Gentlemen: in accordance with Colorado Senate Bill No. 172 (Par. 9-1.5-103 (11), please find attached a reap showing gas pipeline facilities existing or under construction by Associated Natural Gap, Inc. in Weld County. This map supersedes the map furnished 9-22-f'.3. For exact location of the facilities, please contact Mr. E.F. Citron. Vice President Operating, at (303) 572-8002 in Eaton, Colorado. or contact our Denver Office at (303) 296-9645. SinceT,ely. /// / // J. Richard Powell dls Attachment cc: J.C. deGrnffenrted E.F. Catron Ssdes 600 • 1401 Se►w+tsenth Sheet • P.O. Boo 8493 • Denver, Coloreds 80217 • 303/292-3331 i ts w si', ^•C'Y •'Y lA i ") $23.t1U� Z�n(}3 •••,. 4,1kult (1,40I7vo ,,, �5 ���� •4 ��.)•e� 26/H4 5:a• wEt.t} CO,CO 7; RFC HAP? STE: , C:Xr /, PFCORDF:P 1(0,� �, 'r'` `` HAPY ANN Fi:l i. _ �3.�r� ' ��;�.:�`,\1I.4. 7 �,ff ) 1 V �•�• 1 1' \l;L ; �.\ Y f /5 ) 1131."' _ 9;1O161410 AND i • Ow/we. • n . 11. '. 4 •"-�1 " - �\ , . , ,I' 1. ' ; 7' A • �l.'• (, 'r' • • �. )Y; , YhN \ .• C. �lf. .1• a . . • i 4/40 • ,! 1 • I I- t, I..r . I9)- 2/. *GI •f' ).5 1, 11`,:42 $23.00 2/003 1 , :WY. HEC))I DI HELP) CO, rn 4 . .n , 4 orci r. • M .••,. I �_ — /7 -•e_'r . tr. 1%-- ttto 1oAso '`Sours s • ./""` . r•; I / / - •1 t.\. ,.- ' 1 • t. 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(.1.81,1 v.p ;7 �i. 1. -f./ G..ww.... 1. ,.a ��-t:-'!- = ,Ill' ..•S II - 1 fur 4 V , L L E Y I•. • .• WAD- n , 1 • 1•. •,o. ., • 1 I ;t .) I r • • Lars I i !- r ---.•__ _- - - __ - ____........ • • N. •.w .4. -- -• u.v ► I' s f - ••• a. • e4. ! -^y I. t- '-3 ' Is i• t ' IS •, • • S-- _ •r 4,0 ML Ii • .) 1 1 ` - I • �J S. 1, !1 IL C7-')-M • J /1 : 111 • �� aJJJ j Tr - 15 • • r Cam• _ �! r . _!.. •I A at.: —117'"'"--44— ! 4. . !1R•37, • ,. • • 4• y AIf�i ......-_-_-4.;,,, V • ..� -- ` •- ...'-5— t .1 • • %. 1 . M 17.1;,60e gi /00 ;.f _•... I• U�..- • - F ,' e'; -• . Lr - / •• a.• • ,. ,. 1 , _ 1/:, T /� Ae, ' . • C • t,4 ° ,_1. I . .r 1 • F a /. + 1 / :Ft: t •.T L ! r •. Y Pv . t •r 11. I - 4— _.. • • . • L. E GEND 7 ` —•—• — • ,f • 4 A/,, r PIPELINE ---- 6"A /16.1 PIPELINE ., S. 1 , how —• • 1 •1 . I , , ti .a; is • 1 i . e1 _._—.__, .�.:_ \ —, {ibtvuix;vin •4 • •► ; ..w• l o >� 15 f • . f r ; i a 1 1 ' / 1 , -r--4----"- - 7i+ --r'►-- '-- .— — •.' 7 F :,.r w... c. ; l'ar ." try, tee 11= ,9 ry..\', i '�1 " • % 4 j 'S ; ` �• • T 16_ 1S • s. r • • ' L. ..4,wwu f' .:j ' ' '• .• t0. • • . t i,_."-----.....1—"C -t pyi * -a • ;t, Ift� ••:. .A IA • —• •f , :S • • •i fis • 1 *IA -II • • • t:A LV- •• tt a. • �.s _.tea••- .:., L7/,u1//ILP * /' (*IL, .1, '• r 'iL I a 1. i ' : .•......mic. i.....•.",r..fi• I ; -. ; 1 It 1 N�� �Ase 7 • i r - . icX I �• .S I. a_.j+r..... . 4' •• • L•V'.' 1'.' •'. , . • i r -:r —ALT' idr 4_ . — - r —•- 1 C. • • • i__.. ^ ham..- {, ..►�. - - �:: .:.t t . . l —!i .Y 6 ^�� i LfI r• a •711 V • '.•M. • 4010. • ♦. • • r.f y • • ••.• s_:...: •.. Ne. .t. ri'‘.4k .-. ft: • 1•V ,4 , rc • •J • . • 4Lt ti 4,/ 1. •r. . G V P' - ; .f 1; ,r • fi i1 • 1 Vim .!:4til tr.l /1t V 3dy- • •r. _ / • I i � r . jam:•► /" ... •� j .. , .. j,41..•MINI .r I 7 ...._._.. 4 4 A:., ••••_.r._ 4-A ,16 ! PIP•; .; NVE - •---- s 4 N.(; ! P/P'EL/A/E •N.M...•..... I .. .. .. 4'.'„ SL6/).:.: 6A: NW Love ),.iPAU(, ///T, c;A; PIPELINE * PAT 7E'P / • "AC't:. ;.1C474/)A1 /� f'):'A•[�. T/i lN/lhSh'.;.C :AS?. !;L CO. _7..—.7. ... r . t7 1 . / + ... i 4. 1Rc8W R6?W✓ 7A s✓.4` I • 4..r �.."'. IOC 21 - •1 p4).. v1. now rigc • .2 .1 • ' l i I •i. - • 4 • � t t -•re ;: r ff • f/ • ':. • •�. 477 .1 I I.• ' r __It-- +1 ! wig t. 4 I 1 / 4 • KERSEY CAC Si' ":"111../ \ ' • M ..1 ASSOCIA1 ED INATURAl Dc fe ,Co. 14 I - "+Ili/ _ (MAAIN• c• ;.���i°i'i° "...�••. 4 -14 1 / a _.0 `..r .4 1' ) rf *1 1s .,� q �, ���� �-,2t .•,. - i .,„-• ...._,....„. � ; :r,CJl w••+ , I ' � le • •1. �.vo • t�►ir.Ylx, ,VAL E f- f;' ATED NATURAL GAS INC. DenisF,C .: LOAOh0+••~1c-•era• •t •,"i`1 r • It • 1• Or• NMI ;Cart • .• ,J • t • +I e i :2 To �y L �1' 1 ic• r • 1 • r' s. R6SW. /fir • w`l7s i Ii 1037 RF.C 0I974810 07/20/84 15:42 523.00 /003 r 119R NARY ANN FE'1F.NSTF.Iu CLERK b PF.CORDF.R WELD CO, CO 1 pr 111 • j"/ .• L } . ..,1.. Y t I • r• I C • F ,.• • r' f 1• v0' 3/003 co, co I MON I I •• 10 • I, a • r f pia c t ( p. S• r^. • e _— 00• .. i._.G.$ a ." t.1..IeN • • °.. j , 471D14,- • ♦ • •I • • ''I oil' 7.J •.:. • 1. 'es A4 4t + ....""7777-1/.I I.MM . • i• p • . 4 c r, • I .7 Q • L • 0 Y V) • i 44** , R .— • • • • • ''1 , st- 74 • I • It 4 • � t . II '4 an ;- n Il ,) ;Pit �. •3 c .•. • fra 1 n • • AAA A. • N. • iI two--'� \r 1• { • • 1• • •• • i lit the i ti • it • . • coaa7rit • P• y•p y•< f • Poe • "i S • - • 4 O tet 4.4 4.4 7 4. 5' • t/y • OR DL:,r4 r -~ DEL J 3 .9 ri Imo' I• r • 1 • • x J -Si' I Y i 2 1 • • :Jar , • it J. J• s • ti L,Pr. - f n RJR 7.194 Do O. DI SCt1►TlO++ PY Dalt CR BERTHOLD GAS COMPANY Denrer,Co. $CALI eV 10AAQ'M Iv ? AIDIeOVI° -kTHOU( GATHERING SYSTEM JL)b%4 TRl(JON _l,`1SU-TANTS INC Dotiirhopo Kart* :3Ek'AK) R 1041 REC 01979784 08/31/84 12:57 $27.00 1/009 F 2274 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Weld County B 1041 REC 01979784 08/31/84 12:57 $27.00 2/009 F 2275 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Reference: State of Colorado Section 1, -Title 9, Article 1.5, Colorado Revised Statutes 1973 Damage to Underground Public Utility Facilities General: Colorado Interstate Gas Company (CIG) is a Federally regulated natural gas transmission company which owns and operates an interstate pipeline system for the gathering, transmission, and wholesale distribution of natural gas. CIG's primary markets are distribution companies along the front range of the Rocky Mountains. Scope: This document, in compliance with Section 1, Title 9, Article 1.5 of Colorado Revised Statutes 1973, contains; 1) the name, address and telephone number from which information concerning the location of underground facilities within the county may be obtained, and 2) a general pictorial description of CIG's facilities in the county. NOTE: These maps are not to be used for the purpose of locating facilities. Notification: Anyperson requiring information about CIG facilities in Weld County, Colorado, as per Section 1, Title 9, Article 1.5, Colorado Revised Statutes 1973, may obtain such information by calling collect or writing: Colorado Interstate Gas Company 2951 Chambers Road Aurora, Colorado 80011 (303) 364-2631 During evenings, weekends, holidays, or any time contact with Aurora cannot be made, contact: Colorado Interstate Gas Company P. 0. Box 1087 Colorado Springs, Colorado 80944 (303) 473-2300 CIG will advise the excavator of the location and size of the facilities. CIG will also mark the location and size of such facili- ties if necessary, as required by Subsection 4, Article 1.5-103, Section 1, Title 9, Colorado Revised Statutes 1973. 4' ,------i'- •P150 7 ID Writ, "'NO•sI/1NelfON MCI! lid J IN IN,i JAVICl N7 Iw(I.••; "•••.....,., 11 f• + f �afr B 1041 REC 01979784 08/31/84 12:57 $27.00 5/009 F 2278 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -Y4P ?C HtD !• . CAI MC I ,k SM IMACI,t I./A 1 I I N r t-- ( • B 1041 REC 01979784 08/31/84 12:57 $27.00 7/009 F 2280 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • • 1 1 4.441014140 I Y . a... t ... -..w. ..._.� • r . Lr • B 1041 REC 01979784 08/31/84 12:57 $27.00 8/009 F 2281 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO w • aO LMl DA'AIN/1•Il t, fro, 404KI.I iAl4'•, 7 I. A R A .tt• 1 4 �V • tE 1 • 1 0 M I Y 1 w w �• r„I L 'el I r ;n1 0. i • E • t%. _ —LA. fiN G 1t ,,M Nit 41. KI M/ ARIA 0 j4)'. N T .0 . �... __. •S I I , I I 1 1 '4 —..y 1-! 0-iU;N: I • �---------S---------•-- i_ rr E 1 1 L r} --t-T-1 r4_.{ f r' • r .2 / . .4,.I -1 4 1 1 -i( �_ ...L_.-1,.1-. * . r - __ i 1 1 . I �� i :. r •1I I 1 • I `rm_/ r- / 1,c - I I . 4 M . G • 4., • • i • I • • • .44 • N . :'lt0 ONO OR I.CM MIS N t 3 AOIKl M r ^.I4 - ----- atilt I 1 It r 1i ---.j.-- -tl• WE 6 1 et re!At l N ••••!,, E 1041 REC 01979784 08/31/84 12:57 $27.00 9/009 F 2282 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO I W Y 0 M I N G is N E B R. ,.*O LP lAil1.801. P(l /M not *Alston .,H,•. rr MO{/•ll N►(/C/l/Il(!/M met JMIC(NI Alf A W L I. D '. CO U II T Y A '' KIMBALL C 0 U N T I yy tt.� •t0• L 59• ..v .. » .._a ,�..I» .. .'"—i. ( x,41 ': �^-1 • ; ,J+ Al .I.f. i• �., : _ L 1»_ ,, { .4, '.t - -'l.. , ® f 'L Pi. �7 R _� , 1,.._ J • N 1 • • N 4 I. ( I M I. • p• f •M• - • .... • -.....i•—....1_4_....•I __, •. .., . ', ' L V, «— _i r p.w,. ,Vl• IQ sd ....•4. .4 1..1., . _ i-a-.:4,.........O.• •4,-........._ J- , ~ ` 1 t 1 , , •' . ' ` ,t Fes_' �- e a _...:_� -'-- ' -� '-. _.:_... .._ ... , 1-- iii --- :1 ,�;•j r. r r' 1 :rte% Vri . L--i ,.....,"0 , I. ... I 1 1. . ' f ' i " t• •I of • I J �. .H 74'1 i 4-3 , , .. I. ,,,, i , r:_-.; • .... silk.......- vti•-•- • • . i : • n 1• ✓. ' 47.171....., ...... -. ."f —T- � • •� ,-;iw. l,u:•'Lt • r- 1 ��_��iS33 i -..i-♦ i""__. ,.(_ ,V.' .ala " 1 ' — ___ ___.;_..»_. - s.—...i. , -f 4 Itc. •}. r . ' ait1 i. IeY .; -- 1 r 1 , rt .. 1 t:•:..-) __ ..� •, r r' -1 Sri • i .., ; { itM _ •......ir .j: .;_--14•.- : OW4'..._..,F_r .. %,I .,'F.'.4 ./'1_..t • . 1•4 • c"\+64.wttoa 4,14 >ell W r..'f a/arl+I •KI 1r{r..41. 1111/1! AR19835d4 tis\Assoclated Natural Gas, Inc. B 1045 REC 01983584 10/01/84 15:52 $23.00 1/003 F 0339 MARY ANN FEUERSTEIN CLERK & RECORDER WFL,f) CO, CO September 20, 1984 Weld County_ Clerk & Recorder 915 10th Street Greeley, CO 80631 Gentlemen: In accordance with Colorado Senate Bill No. 172 (Par. 9-1.5- 103 (1) ), please find attached a map showing gas pipeline facilities existing or under construction by Associated Natural GAs, Inc. in Boulder County. This mapsupercedes the map furnished 7-10-84. For exact location of the facilities, please contact Mr. E.F. Catron Vice President Operations, at (303) 572-8002 in Eaton, Colorado, or contact our Denver Office at (303) 296-9645. Sincerely, 62ce/Le,507 //J. Richard Powell die Attachment cc: J.C. di Craffenried E.P. Catron R[COkbIII'S MtUORAI4DUI,1 AT Tilt TIMt OF R[COROATION, THIS IN. STRUM[NT WAS FOUND TO BE INAbEQUATe FOR THE BEST PHOTOGRAPHIC REPROolJCTIO!! eECAUSE OF ILLEGIBILITY, cAgeou ca PHOTO COPY. DIsCOLOREU PAPLR, ETC. /I'"/4 ,o 6 4'X sr/93 aifrer CD p42/7 Suite 600 • 1401 Seventeenth Skeet • P.O. Box 5493 • Denver, Colorado 80217 'a 303/292-3331 B 1045 REC 01983584 10/01/84 15:52 $23.00 2/003 F 0340 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 14 3 ID (3) 1St` -. 14t c) 14 Is 24 I 1. It 4„, 4�7 1 13 ►J 01) RG *Lp6 M '{ 2 c i4 ,d IZ fi t1; 20 ty 11 lG 4- \'f J 1 I¶1 EL 2. 21 sa if; c1 4 li 1 li () er.7vr k«w '4 i¢ IG it; r; 11 C1� L' .1 i1 l.3 i1 2? •a '4 <"L I; 1J f i I4' rnnll�i,It�'�(fluu �/-rri !1 (Warr- l(IPf d , 3 ftr'<t it I, a 4 L _1 'r a :C I r.< I S -t in i, �r, ZL t1 76 7 S 12 1? 0 17 (ci4 9 ?4 10 1S 5f• 27_ 54 7 34 Z 3. L 11 11 7.5"/ Li N 14 14 z5 IL r3 1 1. 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P.I u +/I 4 3 sS 1 (7� 14 17) 14 3 ,P6G W R65W 4 7 1Z 4 G8 5t McBDr1/f r 6-1 F 14 IA FA1tAMS G -1 3 :7 A(1711 d RAA('111 t(7 I`, 1'. 11/4WN22 13 20 30 1452W ROW 3s i TI (/3 1 11 IS 13 17 79 Z1 15 RG7W J R6t; W .16 13 es 73 3L ZS u, 1 F - UPDATED 4.48.84 !lulu NINA 213 O/'OA 7E U NO. 0tsalmon rY�f:1 I1 JDAIL CIE A7! ASSOCIATED NATURAL GAS INC. Denver,Co. If tt Jt+1a.4frI Lv . 1.entov[o 1, WELL LOCATION MAP eiki t3 (touts' I 7HIGOti CONSULTANTS i1tL ...p.G.....4R //L.1.h101 10 71 i1 13 �1 7) 3C ,3 77 el 17 / t1 A:777( 7 13 .,Af{/If IN 10, tIir(11153 r 7 IAS 111 N i 3r ••1 41111f !.4,.x[1%4 kl {AN'tt tS r f kW* 3) 15 33 EVS; 47 RF.5W/<•G4W 3c S1 9. C7/ 7 7 fi 6.7) » 0,9 1O RL4W RI2W 14 sI f � , N + a w I - t_. ,T F, II IA -`: - B 1045 REC 01983584 10/01/84 15:52 23.00 3/003 F 0341 MARY ANN FEUERSTF.IN CLERK & RECORDER WELD CO, CO t t 1e U Z d (J t. { T 4 • V _t /V r T4 A T - Sio 'pt4 3*4 44, •C•A •�4+ �Tr 7 0' c RESER 1'OIR "M y' •i 1Y • • 't I 71 r• ^ -- i 1 I to• Hi G"RECE/VEA'- .`9 t?ERTHOUO �FLRN r z :r�.a.,asca�;rj FOR. -KAr T DETAiL5 E 5L �r DWG. BER-Plbi---01 - tYl 4{1- rt ..f 1 • _ :y • : y••`�f •t tI L/) r N, 0• . -, / 1 M 8 • 8 T44713/V 44, x t / 1------,"-------.- / 14 El 3141 flog • !MILL tOCATION 0114 NO* oms A OMPANY liver gAl.t 14'2000 my r -;k -i4- (iti.34.41 6 4;4. AR2034300 8-1063 REC 02004300 04/02/85 14127 $3.00 1/001 F 2182 MARY ANN FEUERSTEIN CLERIC ti RECORDER WELD CO, CO T 4 N 3 N T' 2 I .. N 1 T' ter N rrI WELD T 11 N 10 N 9 N 8 N T 7. N, 8' N 5 N • 67 W t. R6,5W • P64W R6W.. . R WL_ Desce t on of area����!!� 1 .Mal ,t ..UCouhb► wW WESTERN ;GASIS�,IPPI.y_fybfP!1NYiand shoMirli underiroun4.fscilit ee t flb_Durs w to \ 1 Sedbn 9•-10Srt4o►a evdle4 State It ]9� ..0115 GENER`r4 I ScnmP110 1 lndiFe�es tl}ei .apOtsiSITatelOpst, otWdS EPit GASSUPftYC01aPANY; ••-; 1cietarit�dd% tacafc as 6f +lvneee► ..; 3ebre ex�a*iatine : • "•;. . -�•: _ ;LW RMO `• Contaetv _ • Mr a• &Ww ft w r tt .11 • .4 MUM • t •i CM ION Li ►s1A400 tfJ44l 111•11.• 1.14410 ,.1. •n...riti ._.M 1 ...M. MOWS • W MM.M M., • M.•,.• .r • •t ..�. • u •&O NI teM• aaM• • i41.7aa,4).A07� 1...._....:• .w, -•• M.. •• . .5 •r.. t• • rg 14.0 I ar • ROW 1167W .468W . Ii 6;i W' .A84W •p63W •R62W m61W 5 117.7 REC 02058722 06/26/86 12:32 $24.00 1/008 F 1777 MARY ANN FEt7EPSTEIN CLERK & Rs'CO.RDER t4FLD CO, CO AR2058722 (NOTICE OF =ERN DESCRIPTION OF AREA SERVED BY PANHANDLE EASTERN PIPE LINE COMPANY CONCERNING UNDERGROUND FACILITIES PURSUANT TO C.R.S SEC. 9-1.5-103 (1) (1981) Pursuant to C.R.S SEC. 9-1.5-103 (1) (1981) , Panhandle Eastern Pipe Line Company hereby gives notice of the following information: 1. Panhandle Eastern Pipe Line Company owns and maintains underground facilities within the County of Weld , State of Colorado, for the purposes of transmission and gathering o natural gas. 2. The general description of ihe area served by Panhandle Eastern Pipe Line Company within the County of Weld , and State of Colorado is a;; follows, to wit: (See attached or accompanying system map and list of sections, t::wnships, and ranges.) 3. Notice is given that Panhandle Eastern Pipe Line Company may place additional underground facilities in the future anywhere '4i thin its general service area described in paragraph 2 above. 4. Anyone concerned with the location of the underground facilities of Panhandle Eastern Pipe Line Company within the County of Veld State of Colorado, may obtain necessary information regarding 'EfTsame `Fom the following person or persons: Name: A. A. Smith Job Title: Area Superintendent Address: 635 N. 7th, P.O. Bog, 127 Brighton, CO. 30601 Telephone: (303) 659-5922 Notice is further given that in the event said individual is no longer so employed or retained, contact should be made with that individual who occupies that job title with Panhandle Eastern Pipe Line Company. SIGNED AND SEALED this I, - 'day of O. x.e_ , 1986. PANHANDLE EASTERN PIPE LINE COMPANY Senor T g r 1 -O -s 0:epr ntative A 1117 REC 02058722 06/26/86 12:32 $24.00 2/002 F 177$ MARY ANN FEUERST'EIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO) ) ss. COUNTY OF ADAMS ) The foregoing instrument was acknow1edgedJ,efore me this 2airtA.day of gam , 1986, by PaZind e astern Pipe Line Company. WITNESS my hand and official seal. My Commission expires: Address: ( 35 .'7D`�. P otary PubI ' c tew co- - _ 10198/pg20/9w 1117 REC 02058722 06/26/86 :'. ear $24.00 3/008 F 1779 MARY ANN F EUERSTEIN CLERIC & ' CO9.'Ona wimp co, Co WELD COI!NT Y Panhandle Eastern Pipe Line Company has buried natural gas pipelines in the following locations: TOWNSHIP 1N 1N 1N 1N 1N 2N 2N 2N 2N 2N 2N 3N 3N 31,1 RANGE 64W 65W SECTIONS 3,5,61 1 ,2,3,4,6,6, 7,8,9,10,11 ,16,17,18,19 20,21,28,29,3,,32,33 66W 1,2,3,4,5,6,7,g,9,10,12,13,14,15,16 17,18,19,20,21,22,25,27,28,29,30,32 [ '•I 33,34, ,35,36 67W 1,2,3,4,5 p6,f p.7p nip14 p11, 2,1 p14 5 17,19,20,21122,23„24„25„26,z7,28,29 30,31,32,33,34,35,36 68W ':,2,3,6,7,8,10,11,12,13,14,15,16,17 19,20,22,24,25,29,30 63W 64W 5,6,7,8,9,18,19 1,5,6,7,B,10,11,12,13,14,16,16,18, :1 ;12,13,14,16,16018, 19,20,22;,27,26,30,32,33,34,35,36 65W 1,2,3,4,6,6,7,8,9,10,11,12,13,14,15 16,17,18,19,20,21 ,22,23,24,26,27,28 29,30,31,32,33,34,35 66W 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15 16,17,18,20,21,22,23,24,25,26,27, 28,29,30,31,32,33,34,35 67W 1,2,3,4,3,6,8,9,10,11,12,13,14,15, 16,17,19,20,21,22,23,24,25,26,27,28 29,30,31 ,32,33,34,35,36 68W 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15 17,18,19,21,22',23,24,25,26,27,28,29 30,31,32,33,34,35,36 63W 121,28,2P,3&,31,32 64W 2,3,7,8,9+,10,16,17,18,19,25,30,31 65W 2,3,4,5,6,8,D,10,11,12,13,14,17,180 1°,20,22;23,2,26,27,28,30,31,32,33 34,35,35 1 B 1117 REC 02058722 06/26/86 12:32 (021.00 4/000 F 1780 MARY ANN FEVERS 1 EIN CLERK & RECC DER WELD? CO, CO WELD COUNTY (cont TOWNSHIP 3N 3N 3N 4N 4N 4N 4N 4N 4N 5N 5N 5N 5N 101gF:/P922/gw RANGE 66W 67W 68W 63W 64W SECTIONS 1,2,3,4,5,6,7,0 14,15,16,17,18, 25,28,27,23,29; 1,2,3,4, ,8,9,1 17,18,19,20,21, 29,30,31 ,32,33, 7,3,14,`7,2O,21 28,29,31,32,33 3,4,5,7,8► ,9,10,11,12,13, 19,20,21,22,23,24, 30,:1 ,32,33,31,35 0,11,12,13,14,155,16, 22,23,24,25,26,27,28 34,35,36 122,23,24825526,27, 34,35,3 r 10,11,12,13,14,15,16,21,2425,26,3S ,2425,26,35 36 65W 1,2,4,5,6,7,83,9,10,11,12,13,14,15, 15,17,18,19,20,22,23,74,26,27,28,19 30,31 ,32.33,34 66W 1;,2,3,4,6,7,E,70,,!1,12,13p14,1ap16, 19,?.0,21,22,,20,24,213,26,29,30,31,32 ,33,34,35,36 67W 2,3,4,5,E},9,101 i ,12,14,16,17,19,20 21,22,27;,28,32,33,34,35,36 1, 2,3,4,6,6,101,11 ,12,3,14,15,23,24 20,21 ,28„29,32,33 26,27,33,:34',35 68W 63W 65W 66W 18.,19,20,2.1,2',27,28,29,30,31,32,33 67W 5,6,8,11.,14,1E'r,16,17,19,?.1323,24,25 26,27,28,30,;31, 2,33,34,35,36 13 111,7 FEC 02058722 06/26/86 12:32 $6,4,00 5/00€1 1781 MAPY t,'NN Fi•t] R " sin CLERIC & CU, CO 11.J 1 e�� I •Fj P �• .. , 1 I ti \ —j—. i t I 3' j ,��i.. f' e <'[iii { 3' .' •P!1'.• e.' 1.1 ,1,1 i' i. iI .. 77.t, 7�rtyrt� llF ..-.QQy{ ,j •i I 7 ,,k• 1l 1 I� Y t.l I , I. ti.i \'7, j I -- 0 g r----.----_rm 1 f• �,ii ��-.� •�il �s.s.a1 a -I'- it FI f?�I ° '•1 IA 4 I I,.......!..1,44J-7.-:.1.21- 1l 1117 FEC 02050722 OG/26/06 12::12 S24.00 6/008 F 1702 MARY ANN FEU :Ct5TEIN CLEW CCTht Ts R Taiz,D CO/ CO 6 1 ° °1 J_.. ni e7,6 4a CO' a I h ..,,:,,•.,..... 11 fit •`� _.._,..� 'q 1 1; 'L! it �f'i l I ; Y III L' 1117 REC O2058722 06/251-,6 1212 $24.O0 7/000 I' 11S PARRY ANN EVUEMEIN 'f x 1; & tT` COLDER WELD CO, CO f•, I �• Till' • 1 ;g:, =I I:� I;S i t T �'� E r 1IF wl 1'I �.I I r fib.• •• , Lei ! l'; i1 41:: i ' I :I i 1 r• !O— .., -Tr•w. 1 I I ' x °d' '�1C ^r �I p—*• �_ .. I '• ° I p, E 1�.�•i'u;.i�a' '+° ' b p1 ' �✓'•,�. "N I I i 7P I rti ! `-.�•.J� it i'll �I I�..�i �y',‘ '...,__. 1 11 f I f l lilt �� i�f "1 1 It, , • it ° T !i ,1, �'aast IF • i_ —71. •''',,If(l`I�.�� ,;:7L iJ'_'•�..�y"r.�- tJi sf`.t�,l•11i °'.•ll�f5,{�e �jr r l • It• •'� j 111., t •1 � Tti ,1II I�; ���- •� .may — � `• � .c ' 3 11' I!"1I1 d f l• i_ ir':': , dl ?� ' ! !�' �'' � - • fit •j�li'I t 111 I: S.11��. li r 1' • I[yI =} I�,E! i 1,-7 ;. '/ II� • � �'. !4J � I II ,' � ill 1 l' Y��I i. � 1 V . : ,:., . I r, RRR I Il, I � �, •• , 1.' �� 4,;I• I , '},' • • I 1 3 - I �.` f'I r _... . t -�.1_. I ' 1 t,I , I 1 • r is {`''J -� 1- ; 11 II i I ' 11Ir I 1) i''7/ -t , 1• r_ �,'t_.., �'�•��I � I Lam:_. �'�..i •_3}" � _.'�, it ..,. I _.....; �,;_.._ .�. ;:',•-S d ,I .L ----r /-23,- p\..._. ,I...,1_,,„. (..F.;.I t..._.. . [I r I 7 . _ - f,,d r !f'�! :7 ! S 17,'• I �..'.r'.l I,�S?. -'.,.w.--L�! 4y.J1:1 //- 7 �Ll4 ( l 1 . J , •-• Ila il "•i. I..i �,_1-• I..k_l'� /i V, , L'7 1117 T;'i,C Q2Ci3 72'? 06/26/86 12:n 3;\:n F 1;84 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO :1; I • l�..� ' I , . I ..j,„/ ....\- .I�I ,.- f yam' ir�,f I p, I '; 1.J i,� 1 •--,t\''''''--.)-,•,.."..;:%,--• y i. :;, ' ► i ; 1 II L,, : r i ,. i 791..--1,1 ,I t , , •i e, �� .".A,.... f�1., if, F1' . , f`NIi,;;, �• 'i t: E' ,t 71 j� �I 1 1 .. �\� 'It �11� II i':',11 :I 1, , ,.:.:'r l;:_ i 1 is � ii ' ir' 1 -: lit ''. 1.',! i'ii":.--4'-1,:jj!. c.,i,.. 1,1'.':1-?: 1---i- --F1-1\L:'l].:i il 4 ...i.--1)11: ,..E I'• i! , L L_ iI j__. :i. 1te` q_y' �� L. IP I 1" • AR2].32709 d B 1187 REC 02132709 03/03/88 09:42 $23.00 1/003 F 0797 TEARY ANN FEUERSTE1N CLERK & RECORDER WELD CO, CO NKTIRAL A5SOCIM, INC. February 23, 1988 Veld County Clerk & Recorder 915 10th Street Greeley, Colorado 80631 Gentlemen: In accordance with Colorado Senate Bill No. 172 (Par. 9-1.5-103 (1)), please find attached a urap showing gas pipo).3nra facilities existing or under construction by Aseociated Natural Gas, Inc. in Weld County. his rap eupercedea the map furniJ'ied January 27, 1987. For exact location of the facilities, please contact Mr. E. F. Catron Vicc President Orations, Denver, Colorado at (303) 292-3331 or contact Trigon Cceisultants, Inc. Denver office at (303) 296-9645, Sincerely, c.--7-,..) - )---`r`' / Michael J. Quigley Senior Vice President MJQ:ksd Enclosure cc: J.C. deGraffenrie3 E.F. Catron • 1401 SEVENTEENTH STREET • SUITE 600 • DENVER, COLORADO 80202 • (303)292.3331 MAILING ADDRESS: P.O• BOX 5493 • DENVER, COLORADO 80217 P 1187 RFC 022.32709 03/03/88 09:42 $23.00 2/003 F 0798 MARY ANN FELERSTEIN CLERK & RECORDER WELD CO, CO N 108 9 11 I 13 • 15 11 19 21 23 25 • 27 29 31 33 35 37 T 9 � 104 -- toe_ i 100 ._ .._.....-. _. - ... .-- . .- w.> - - - - • t . _. _ . -.- ; 96 T i 8 92 E u1 90 88 ■ ■ a \ 1 a, \ an • 1 l 8. 'Y111. I� f F �' 82 --- ' 60 • ' I APl/£ cnwx�ov \. 78 76 .mem a mrm,� 4M 74 ewerLas • ` . I , r a crw+ 66 N • I - 64 — — -- t •,, C —\ 7 N T 94 — — — 8 N 92 OMWI 90 F - 88, ■ a V ■ a \ n 86 I `` 84 I-_4 I41.7 82 r l AO 1 i � ees a wse PIPLOIE azmaaov 1 78, 1 ; • ilk� ......./ \ 76 *f • �- ■ ice. atwl 74 72TO iras LOS I it A MIT OM 1 66 64 ■ l — 1. _ 62 • �I 60 trw ••s■i.. 58 5 56 t�. r 1 a 52 — 1 .:.a al1. 50 S. 46 4 N N 44 •I! I �I ..- / 42 i • 40 ilf =■ 38 36I. _ cow 34 i ` \ �4Plp 32 30 �� . (I __ 26 r * Y J / 24 - 22 -- • .dam 1 , ��;! ' 1 >� — 18 4* f PIPCLOW % 16 • a rnaa�cx .... — N A• 10 / e ••. l.••.-/ i �` • / �� -. a�� g- I! 9 11 13 = 15 17 19 2S 23 --�_ 25 Il / 27 --- 29 —C — /.' 3t 33 35 . 37 R 68 W R 67 W R 86 iv R 65 W R 64 W R 63 W . 39 41 43 45 47 49 51 53 55 57 59 ' 61 . 63 65 67 69 71 -- — _ 1 i I i { J a _ I v a L a 7 ■ a a s w 8 /, I + • I� 1 e I a I - N I i a a y a • O O P/L , 3'c l' b in IREIOW= Eno 1 -r mill ■NM MI NEM 'pp 621 PR E -'",i�llsit� ' Ca in1144INif a .L I . I .mil 4ivi...,,./ • 1 . . + 4 I a T y L, 1 • I a Ta a / -r- .__ ___., II Ii , __ i - //� I / �-1 1 , I , -_ -,___. I. __,___--. 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I i / \ i.•-ice I � f —rte _--_- F `\-- )(/1-' • j i I I y 1 NONWIR Wag - - • H } � a f-- 1 i _ ,. , tt --1----t-' , H 6 — 1 I oa . n a } _- r— to_4. __,____ _- 1 , . . ___,_ .. 1 1 I -1---- 17.j , ., _i_. ..1._ 1 ...!... 1_ --1-, --- ? 75 77 (79 81 83 s R 62 W 85 r 89 (91j 93 mom. ...�.. a...41 try R 61 W R 60':1 -�_ ---, 1_ 94 \lam I `• s2 —I CD ----I--CD - • f •� � r 1 I ± _ I _ ..a_ I —.L so a_ 78 ■ I n I � K -I • s II • •/ • • r I • • I I I i I —�---- I I , AA • — al a z T 8 N N T 6 N T 5 N T N a a a HaaMl �. Q P T - - - 0 3 N N a r a a a a M . 1 . L I - J I H d a a a a a Ci • ASSOCIATED NATURAL GAS, INC. I 1401 177R STRERT, SURE 800 MAP AREA - DRNVQL COLORADO 80202 F PHONIC —•—� (909)292-3931 �'� =Ale AIM= E P.O. BOX 8499. ---�--' [er,vo Dffi(VEPL COLORADO 80217 — WELD COUNTY D __- T — KE'Y PLAN r---- - /ea`.1A* Pb tali eaoaa. e. NC C 'n.. ,•-...,ar 1 v .s ...r I .u.... aa. - IMO a •.. -r- 6 ,...A, 7 c, ... xi 2) a 13` (14 15 6 . (17/) ..��.u.. aum .. ..T .� T 2 N T 1 N R 59 W R 50 W B 1187 REC 02132709 03/03/88 09:42 $23.00 3/003 T- F 0799 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO R 70 W T 9 20 21 'ELLOWSTONE RD. —1_-- 22 9 23 24 26 2 30 25 29i 36 - - - .—•- . — H-- WOODLAND RD. —4—__-.—_..__ 16 VERMILLION RD. —t---- -..-. ._.. ...} HYGIENE RD. ST. VRAIN 28 15 22 27 14 McCALL 23 LAKE 13 BLUE MTN. RES. 31 n 32 w - IMER: BOULDEF� HIGHLAND Ai - --r- - 7 18 17 24 1BURCH J LAKE INOE'ENDENT RES. 25 rooTH,Ls )Es.� .33 34 35 20 19 30 J irrINTOSH LAKE '94/44,0,1301 1.4 ROGERS RD. —+- 4 3 2 R 70 W 1 6 CLOVER BASIN RES. R 69 _ W "'11 LAKE LOVELAND 4 LONE TREE RES. RYAN GULCH RES RES. `) LOWLAND RES. +_� 16 1 ____114 BERTHOUD CEMETER LAKE WESTERDOLL LAKE 7 5 BOYD LAKE 24 19 20 �_ BIC THOwsoN BACON) LAKE 24 i 2, /\ NEWELL LAKE 19 30 4 °OUTS RES. 9 EQUALIZER LAKE LAR2 ER Co WELD Co R 68 W 15 28 27 BERTHOt " CO CO RES.I 21 2a 33 :22 27 it :•134 I t� lSH t , RESERVOIR 4 i 1j I• ..._ li r 23 L i 10 a MVALKER Sr, -\RES I ;115 cr.1 r14 .i Z II rr W I! I I I oT i 21 _ 0 4- 23 of O o� 12 24 O.0 L? V 9 �� 7 19 18 20 32 17 20 H- i 28 27 BERTHOUD GATHERING S' 33 ; 34 4 3 9 1 A- 21 - O N; v O N T , 27 R 69 W fi i35 25 36 SI. 4r' CREEk 30 I CALKINS LAKE � 31 C 5 6 29 15 22 •I 2 3.3 34 O 5 (7) (9 R 6 8 W 2 11 14 23 26 12 • 35 2 R 67 W 6 C 23 AS 26 WELD CO as STEMGATHERING SYSTEM 24 35 36 14 23 13 24 28 25 2 1 19 6 / 22 23 21 5 4 R 67 W 76� 35 2 25 36 12 25 38 PLATTE4LL T J N T 4 N ASSOCIATED NATURAL GAS, INC. 1401 17th. STREET SUITE 600 DFNVER, COLORADO 80202 PHONE: (303) 292--3331 MAIUNG ADDRESS: P.O. BOX 5493 DENVER, COLORADO 80217 BERTHOUD GATHERING SYSTEM MAP WELD COUNTY TIE-IN POINT PREPARED BY: TRIGON CONSULTANTS INC. DENVER; COLORADO SCALE: 1'5000' 1 DRAM BY: JT14 DWG. NO. BERTHOUD NO. REVISON . BY DATE CK. APP. • �r J. 4 38 36J 34 30 28 T 3 N T 2 SPECIAL NOTE: ' FOR ACCURATE WELD CO. LEASE INFO. SEE DWG. WELDCO P AR2Zb4975 arofionz (808/ w6-O7o B 1218 REC 02164975 12/14/88 10:38 $3.00 1/001 F 1925 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO cst, iKaia cSarzitattoiz 1 )ilt'ict Waint cSan) December 12, 1988 Ms. Mary Ann Feuerstein Weld County Clerk and Recorder 915 10th Street Greeley, Colorado 80631 Re: Information on Underground Facilities Dear Ms. Feuerstein: boo 17fimGa,k ,SEtttt �aut13 Longmont, CLO 8o5or Pursuant to Article 9-1.5-103(1) Underground facilities information to be filed with County Clerk and Recorder of Colorado Senate Bill No. 172 approved June 10, 1981, the following is provided: St. Vrain Sanitation District owns underground sewer lines located in: Section 31, T3N, R67W, 6th P.M. Section 36,,T3N, R68W, 6th P.M. Sections 1, 2, 3, 4, 5, 10, 11,'14;-T2N,"R68W, 6th P.M. in the Rights -of -Way of: Weld County Roads 9 3/4, 11 I/4, 24 1/2, 24 3/4, 26 Turner Boulevard and crossing: e� Weld County Roads 3 1/2, 5 1/2, 7(.), 13, 22, 24 (twice) Interstate 25 and East Frontage Road Colorado Highway 119 (twice) Locates can be obtained by calling the Manager, St. Vrain Sanitation District, 600 Kimbark Street, Suite B, Longmont, Colorado 80501, telephone 776-9570 or 776-6267. Very t ly ours, L. D. Lawson, P.E. Manager 101:is cc: Alan Miller Weld County Utility Inspector •t;. •d1 1- .-4- t i r � ii h R^e•,•I piifl�l,e iti�`'•",'-va �S^: �i; .f'=t�•a ••ro!' '}.)!t i' �•t�",jA�t . y•� •��� �,;5 ��'(�T �i�. wt .�y.Y :PV k.. .,y..:.• R :v`. .'f �.'. ,.f r�%'..�� � B 1229 REC 02175917 04/10/89 08:52 $23.00 1/003 F 0402 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ASSC)C bTED *MIL .GIS,:INC. March 28, 1989 Weld County Clerk & Recorder 915 10th Street Greeley, Colorado 80631 Gentlemen: In accordance with Colorado Senate Bill No. 172 (Par. 9-1.5-103(1)), please find attached a map showing gas pipeline facilities existing or under construction by Associated Natural Gas, Inc. in Weld County. This map supercedes the map furnished January 27, 1987. For exact location of the facilities, please contact Mr. Roland Reinick Division Manager, Greeley Colorado at (303)454-3366. Sincerely, ,f/ 61;2) E.F. Catron V.P. of Operations EFC:rs Enclosures cc:File 1401 SEVENTEFNTH STREET • SUITE 600 • DENVER, COLORADO 80202 • (303) 292.3331 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80247 B 1229 REC 02175917 04/10/89 08:52 $23.00 2/003 F 0403 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO R 70 W I T 5 N i 4 23 '2175917 04/10/89 08:52 $23.00 2/003 ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO f 4 16 21 R 70 W 27 25 3 a 2 FLATIRON 28 RES7 .1/) 33 4 6 31 6 ( 21 R 69 W 4 21 32 33 5 3 2 R Chit R 68 W 15 3 10 2 11 LAKE LOVELAND dirmmeammtmssoisil j„,".• HORSESHOE �. SLAKE 1 CEMETERY (�OE 6 STERDOLL LAKE 7 5 80YD LAKE 8 LOVELAND 15 14 22 27 RYAN GULCH RES. 26 23 13 4 HOUTS _RES. 9 ? EQUALIZER LAKE 2 a 10 15 11 18 1 16 24 1'3 20 81G THOMPSONN 21 34 35 25 30 29 14 22 23 28 I 2 26 36 31 3 33 LAR!&ER CO WELD CO 34 35 3 2 6 5 4 3 2 3 L£ 35 2 36 SPARE 1-12 617kt`3i'S 2 SOWN4LW-iLLMAAW FARIIG 18-1 17 FARAWAY/MIEN 1 20 INEDEMANN 21-2 RWZER 28-1 1Li1GGAA lE -- 2-29.1 32-7 RI DER 32-1 A10SER 12-33 R 67 W JIE1LQY 28-2 STATF 1-J6 STATE 2-J6 STATE 3-36 2 GESESYS J 11 12 S7EPt .'S —F (E 10-3 .9 ANNOY 2 SHAWN J464 RAGAN 14-1 SNMNON 14-1 15 I 14 23 SHEEP DRAW 27-1 .LNELSZy1rAL AIeDOMEZL 3C-1 33-23 �S NELSON 34-1 35 MOW? ?.>~,7J I 36 l KeVRON .LS -J A 4 PEANUT 1 6 WWI IWO LL#CV4 SrEiP DRAY' COLDSERG NORTH 1 1-24 24 P141CJPS, LLAYDVALL 4 LLPIOVAL, 3el S H 25 I HOW 1 KAANene LLJ'IDW4LL 7-JL I _ WAVER 2-1 2 STRON J5-1 a 1 EILINHARDT VT 1 6 ,1 LLAVOVALL 18 'LLi4JVALL 9 PIVVALL 1&1 EP IM ?TN1 T 5 N • ASSOCIATED NATURAL GAS, INC. 1401 17th. S Mtt. I SUITE 600 DENVER, COLORADO 60202 PHONE: (303) 292-3331' MAILING ADDRESS: P.O. BOX 5493 DENVER. COLORADO 80217 BERTHOUD GATHERING SYSTEM MAP WELD COUNTY TIE-IN POINT 4111. 4WWWWY _ PREPARED BY: TRIGON CONSULTANTS INC. DENVER. COLORADO 10 T 4 N YELLOWSTONE RD. 9 4 16 CARRIER LAKE RESERVOIR 10 2 11 12 15 I 14 13 7 HERTHA RES. 10 21 22 I 23 24 19 a 27 26 25 30 33 4 34 3 35 36 2 BLUE MTN. RES. 31 1 6 BOULD HIGHLANt 9 10 11 12 7 WOODLAND RD CARTER LAKE RESERVOIR 10 2 1 5 11 12 15 14 13 7 HER THA RES. 8 LONETREE RES. 9 WELCH RES. 3 2 10 1c BERTHOUD 17 PLANT 16 22 23 24 19 LOVELAND RES. 21 11 BERTH 22 23 �2e 27 26 25 30 29 28 27 LRC LELPI(A I 3 4 34 3 35 36 2 1 BLUE MTN. RES. 31 32 IMER CO 33 BOULDER CO HIGHLAND #2 RES. 6 5 4 34 CPC BUIEK R U - ISH c RESERVOIR 2 10 11 12 7 TERRY LAKE RIVIDE RES. 1° s �//` OKA ISH RESERVOIR 24.-1 PETRO sfRON O M 24 DIVIDE RES. sT. f —x '1 o4 /f QRFAT 14- • alAKii fi mum 24 ATIOR A AST 1 McCARTY MEW CO FAS ," GATHERING SYSTEM 12 1 r ;a �T1-3 BERNiHARDT 1-2 UILUKEN t+. OMEN 3-18 6-10 25 1 wCSTERN CIRLSLN 10-1 C44t. V 13-2 CARLSON 10-3 OUIEIFS V. 'AMIN 24 NORTTMDO4 ACRES 1 i _ 19 NIVROI ONANtXER 1 19-1119--2 McC4RTY 30-1 30-2 WELD CO 2S min►-Mo�CMXY 3o —s THERING SYSTEM I Mc 4RTY .TO -4 1 12 6 V GL/. 6—S U.CLL 6-1 & 6-2 7 PA10SN .AE` -2 moss' 34 -Si PARISH 32-1 T../1 1 �L d.113P.410 1 1-5 S 4 J � JCHiNSTOWH \ _ C HA ON 1-17 �• 1:-42 A 3 X20-1 wow 20-2 21 EVANS-Si 120-•1 CYAN 1 INCARTY 28-2 61oCYP 20-4420- M.'CARTY 20-1 LITTLE RIOMPSON SPAL4? 10-1 SPAIN 10-S GAWP 10-2 OS7E1P 10-2 OSTE>r 10-1 RAMS 1-1010-1 MESS 1 2*3 32 33.O 1 JOHNSON 2RT 1,1P 41 PAN AM E7 5 8 1 0881NA OT 1-1 12 BER HAROT 1-11 10VAUB-BE72 1-14 36 4 C C (36 T 4 N r T 3 T 2 N WOODLAND RD. - VERMIWON RD. 9 16 10 11 12 15 14 13 HYGIENE RD. ST. WAIN RD. ROGERS RD. 28 33 27 24 BURCH LAKE INDEPENDENT RES. 25 FOOTHILLS RES. 34 35 35 4 3 2 1 R 70 W CLOVER BASIN c<3 RES. . 16 15 14 13 18 17 161 15 22 28 33 27 McCALL 23 LAKE 24 19 20 21 E7,2 1 BURCH ) LAKE INDEPENDENT RES. 25 FOOTHILLS RES. 34 35 411.494/41, 36 31 X 32 4 3 2 1 6 5 28 33 27 34 LONGMONT CLOVER BASIN RES. R 70 W R 69 W R 68 W 12 7 d 9 10 11 12 13 IP 1d 17 16 15 14 13 Cfje t_ PLATTE -VI 24 19 20 21 22 23 24 i I )_ 25 30 29 4 4 t % 4 28 27 20 i 25 H ate"o 3s 4. o 32 33 34 •. 31 1 s 5 4 3 2 1 R 67 W T SPECIAL NOTE: 3 N T 2 N FOR ACCURATE WELD CO. . LEASE INFO. SEE DWG. WELDCO �W� �{y �y �6'�a,�` - '♦-.. -�l �{ -tea•'- { ;Q t_ _1 a,- r -•a .T� Jy.q �,S1J/O� . R « ' '11 f • F 0404 MARY A Th F�ELYERSTEIN • CLEflX ";& RECORDER WELD. CO, CO 9. 11 t 131 tg c 17 19 23 t 25 a 27 29 31 33 35 .t 37 a 39 103 tOB� 9 104 I I I I 102 I — 100 >e 31 3e ,1 N NN 36 I1 I i j I. 98 1 6 I 1 6 - I s e I �i 9 694 T j + . L 8 92 _ I ,,, , I \ I I 1 PIE CZ 90 I 1\ �- i 0 ! I I I 36 I 31 I I L. I I 36 I }1 i --- 1` 1 :6 , 31 fit\ • I ` • —. —F---- 1 -- — —i — — f as I 1 I 1 6 I I 142. I I 1 I e I I 0 i % 1 1 e I i 1 I I 1. I I s_ A� —, -- --- 7 eo =— - —--T--_ ; 1 1 N I;1 i c —L,,., i • i I 1 7'--•f- • 31 � I I j I I i1 • ( itpwrc t caaroar _�_ —rJ1 3 EATON', • ti 1 7 6 x : :.' „d^'`';cis.•: ;;i.:.•, 1 �.8b ;ir .• 36 31 j 38 I I1 3, ,.s 31 6 3, 6 ice_ I I 38 36 31 16 31 I ' 36 36 II J 31 4_ 36 31 6 � I , I I — 1- — --.-.-L.-_ I I 36 I 31 -- —1-- —1—I I _ 1 I ' I I 1 6 I rt P - —.--4—•--�— i II t„, I I 31 I • I 36 •i NEI ) ICOU Ty . 1 1 i 6 I X10 JA 31 e asmelomme Wes,, 31 6 -1. 31 it 6 31 36 31 t 31 36 31 i I 6 1 T 100 T 7 N .• WINDSOR] MILLI N 36 -i ----. +--. -�1- - I I i i I I r- ; 36 31 11 6 I 1 31 i I 6 I I 1 i ; 1 I L -_-L- - ..._i-- - 1 • 36 I \''f/1131. 6 1 -t- RIVERS 0C RESERVOR -7-- rte' -Y.• 1 I I MGM uc 1 li I j j 31 I i I 6 J._/-- -'---4---\' 1 EMPIRE I RESERVOIR .�31 1 ri I I I 1 t —k.' - 4 2 6 w-- -----Y-------•--- I t I I 36 31 I i i i I 1 I 1 i I I I — 1 I N i I I I I _._.._ t —t--- - - -- -i- I ----t- FF I 31 , ; t, I 36 4`s._.) . I 36 1 6 T 5 N 1 I i - I i - I -.�-- 4 I I I I j - - __� -}_- -4 I I 36 I 31 I � I I I 1 6 6. 1 _. 1 ONA -/1- ty� A} -L - — _ . ,-4 -- --.-i.�-i.. --- a --- I I � 1 31 I I I I I ; 1 I I , i j i i I i I 1 '1 r I ! 1 ��N1. I N. I � 31 6 j I FORT UORCAN 36 36 T 2 N • ono , r t ._ — 1 •'PLATIEVILLE 1 !0 r r yJ J rl 1 Y i \ . 1 'I ..r./e4 r f 31 i \ 1 36 31 1''. 36 31 � •• . , ,► ti 1 -'• FIRE5TI NE 3 \ 36 , 31 3s FREDERICKI FORT LUPTON t s . t DACAN ,- • • �r : . ..• j: T7 19 21 23 36 25 27 29 I 31 R87W R66 W 33 1 ,.'?;; t.1 �+',-ti14 �.._ .f.•r'" "?•":� : a. .3'`I '.. `. r /I r I MILTON RESERVOIR /• ! II , I • 11 ► I 31 t r k 1 i i I 36 31 I I i 36 31 I 31 6 i • 1 6 1 1 6 t- + ROGGEN - 1 t t _ ! 4 , I r KE - SBI,IR I I t 31 j 1 I 31 �...- �\� I I 36 31 I I 36 310 i I I- 6.• • i 1 6 ^\ .; \' I ' I 1 ! 6 I 1 6 (Y _-_--L - ' I * SHUDSON i Q I . 4- .. i ,___i 1 �i _ I F 1 I 39 41 43 45 47 36 49, 3 g1 53 55 57 53 3a 61 31 63 65 67 6S 7t 3a 73 31 ... ._ �... .. .. ..� �...—..— ..�.. .....ice+. .• — R 63 W R 64 ? Ca` �.•�>• rely r Y P [r'1.> n`.`w.✓~.,.. •i1 �yw.r .f, [ •: i� •w a • `i.. �°'FK�^.".o e��`ti� . � .. •f�� �ek),vJ9�. t - ,- •. , - •�l� i � r ` ` 1 --i t •i -___-,_ ]1 ;.No 36 31 I / i `' i 3, I I - �- 36 ' 31 ` R0GGEN T6hu11I I 1—�- I I-�- 11-----4---- • I 1 . ..c. • • __1 D• t - 31O I 36 1 3, I, C 36 i y+ ' II 36 I L 6 I 6 i Io 1 ; 6 . I i - I -1 t I ' i i i 1 li . i I ..„. ....... --, .1. ..1-, ..-I-. ,--, /I. ,I, . r-_-:. (..:,, . (...i...\ , . AA A 16(73) 31 83 36 85 3i 87) 89 Y Y 14 R2 W R 81 W R RA W r- 36 31 6 6 36 31 1- 6 3a 31 s MAP AREA b r LEGEND ANGI PIPELINE WNG PIPELINE RED WAVE PIPELINE 36 T 3 N T 2 N O 31 ASSOCIATED NATURAL GAS, INC. 1401 17171 9TREIT. BUM 600 MM. COLORADO 60201 PHOI! (90.3)292-3331 swig ammo P.O. BOY M69 DUPER COLORADO 60217 WELD COUNTY .M.. DI %NM 6.160261166 O 0 0 T 1 N AR22214'977 B 1274 REC 02224977 08/28/90 09:47 X10.00 1/002 F 1005 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATEMENT OE' POSSIBLESTATUTORY' LIEN TO WHOM IT MAY CONCERN: 1. The Left Hand Water District is a special'.di.stri.ct, organized: and existing pursuant to Title'32 of the, laws of the State of Colorado It pro- vides water service to residents, and to commercial, industrial, and. other. users withinits boundaries_.and to those outside of its boundaries with which the District may have contracted to serve. 2. Pursuant to Section 32=1-1001(I)(j),..C.R.S., (and; if applicable, Section '32-1-1006(1)(a):,1 C.R.S.),AND UNTIL PAID, the Districthas.: a .prior and perpetual lien on property es serviced by . the : District'. for. all UNPAID,.fees, charges, rates, rolls, penalties. and/or charges;; for services, programs or.. facilities furnishedby.l he District:' This lien is statutorily deemed- to:.be prior and perpetual and is granted preference. over other liens such as deeds of trust, judgment liens.; and mechanic's liens., Reference is made to the. statutes cited herein and to the court decisions interpreting these statutes: Wasson v. Hogenson,. 583 P.2d 914 (Colo. . 1978) and North Washington Water and Sanitation District v. Majestic Savings & Loan, 594 P.2d 599 (Colo. App. 1979). 3. Verification as towh:ether: there exists • any. such unpaid fees, charges, rates, tolls, penalties and/or charges can be obtained from: Left '.Hand .Water District' P. 0. Box'`, 210 Niwot, Colorado ' 80544 (303) 652'-2188 or 443-2036. 4.. As, of the recording ofthis instrument, the. District's boundaries include certain property'iying within the following sections in whole or in part: . Township 3 North, Range 70. West Sections 32, 33, 34, 35 and.. 36; Township 2 North, Range 71 West - Sections 12, 13, 24 and 25; Township 2 North, Range 70 West - Sections 1, 2, 3, 4, 5, 6,. 7, 8, 9, 10', 11., 12, 13, 14;, 15, 16, 17, 18, 19, ' 20; 21.;'.22,, . 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35 (excluding. IBM), and 36; Township 1 North, Range 70 West - Sections 1, 3, 4, 5, 8, 9, 10, 11, 14, 15, 16, 17, 21, and 22; . Township 2 ~North, Range' 69' West - Sections. 1, , 5, : 6, 7, 8, 9 (excluding property within. the City of Longmont), 11,.:,12.,. 13, 14, .15, 17;,18;.19, 20, 21, 22, 23, 24, 25, 26, 27,' 28; .29, 30, 31, 32', ' 33,. 34, 35., and 36; Township 1 North, Range 69 West •- Sections 1, 2, 3, 4,.5,':.6, 8, 9, 10, 11; 12, 13, 14, 15 16.,' 17,: 20, 21,' 22, 23', 26, 27, 28, 29,. 30, 31, 32, 33, and 34. SKLD LG SKL10235 WE 2224977-1990.001 B 1274 REC 02224977 08/28/90 09:47 X10.00 2/002 F 1006 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ATTEST: Township 1 North, Reim 68' West - Sections -3, 4, :5,. 6, .7, 8, 9, 10, 15, 16, 17, 18, 19, 20, .21, 22, 27, 28; 29, .30, 33, and.'34. Township 2 North, Range 68 West - Sections 3; 4, 5, 6,:7, 8, 9, 10, 15, 16, 17,. 18, 19, 20,`21, 22, 27, 28, 29, 30',.31, 32, 33 and 34. . PROSPECTIVEPURCHASERS AND/OR GRANTEES.OF SECURITY,OR.OTHER PROPERTY. INTERESTS ARE ENCOURAGED TO CONTACT.:THE DISTRICT.FOR'A.STATEMENT'.OF ANY PAST -DUE AMOUNTS FOR WHICH' THE DISTRICT'S LIEN MAY EXTEND WITH RESPECT TO'ANY'PARTICULAR. PARCEL.. . LEFT'HAND:'WATER` DISTRICT By, Presi ent: COUNTY OF BOULDER ) )ss. STATE OF COLORADO" ) .' tt T1 foregoing i n'strudnent ryas acknow.l edged" before me.this /7 day .:of • L+ r ,'1990, by, .LeRoy Schlegel as President acid ' Eari Juhi as Secretary of Left/ Hand Water District.: Witness. my hand `and :Offi ci.al'. seal : My'commi'ssion expires: C7'r:p ire3 9,' 1 92 llll ' cTAR- • • o-. 'r oF�! ,. . .O LHWD-LIENSTM 073090 SKLD LG 'SKL10235 WE 2224977-1'990.002 AREE39096 R 1288 AEC 02239296 01/24/91 10:16 b1D.00 1/002 F 0506 MARY ANN FEIJERSTEIN CLERK & RECORDER WELD CO, CO NOTICE PURSUANT TO §9-1.5-103, C.R.S., CONCERNING UNDERGROUND FACILITIES OF UNITED POWER, INC, Pursuant to §9-1.5-103, C.R.S., United Power, Inc., formerly Union Rural Electric Association, Inc_., hereby gives notice of the following information. This Notice amends and supersedes the Notice filed by Union Rural Electric Association, Inc., on October 5, 1981, in Book 949, Reception No. 1871004, Weld County records. 1. United Power, Inc., owns and maintain: underground facilities within Weld County, Colorado, for the purposes of transmission and distribution of electricity. 2. The general description of the area served by United Power, Inc., within Weld County, Colorado, is as follow, to wit: All Sections of Townships 1 North and 2 North, Range 63 West of the Gth P.M.; all Sections of Townships 1 North, 2 North and 3 North, Range 64 West of the 6th P.M.; all Sections of Townships I North, 2 North and 3 North, Range 65 West of the 6th P.M.: all Sections of Townships 1 North, 2 North and 3 North, Range GO West of the Gth P.M.; all Sections of Townships 1 North, 2 North, 3 North and 4 North, Range 67 West of the 8th P.M.; and all Sections of Townships 1 North, 2 North, 3 North and 4 North, Range 68 West of the 6th P.M. A map showing the general service area is attached as Exhibit A. 3. Notice is given that United Power, Inc., may have underground facilities or may place underground facilities in the future anywhere within its general service area described in paragraph 2. above. 4. Anyone concerned with the location of the underground facilities of United Power, Inc., within Weld County, Colorado, may obtain necessary information regarding the same from the following person or persons: Name: Monica L. Hansen Job Title: Might -of -Way Specialist Address: 18551 East 160th Avenue, Brighton, CO 80601 Telephone No.: (303)659-0551 1-800-4.68-8809 Notice is further given that in the event said individuals are no longer so employed or retained, contact should be made with the Engineering Department at United Power, Inc., at the same address and telephone number. SIGNED AND SEALED this STATE OF COLORADO ) ) ss. COUNTY OF ADAMS day of• UNITED POWER, INC. , 1991. David it. Dennell, General Manager The foregoing instrument was acknowledged before me this 1 i day 1991, by David L. Dunnell, General Manager of United Power, Inc. WITNESS my hand and official seal. f e . t.,,F71.1)qflp m,sion expires 711 r of Notary Public I) 1288 REC 02239296 01/24/91 10:16 X10.00 2/002 10507 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CC 111111ii1111j alOzae\.uear l,ev Mel — 7.1 nos. po01e1111111�pAt�� r.- • se Si _..J 1�'l pl@D pop Ill II1Ill�l�•p f1p 1111) 111111Ipp'0 71 ,• 1~ Y {twiny leplp11p11p 1p011i1rC 1 0 6 i�II I e T �1 ��._�. Ism _ .)).LA T£VfflLL* e I _ - - - 91 LE ]i 70 11 . If— I I I l I f a r e 90 r 91 tl ....- -- — �'I epe spas r ____...I -- F!'ESTON£ — ----- °� __ Ev�NS701. ` - K sue. r,9 .. :.' FREDERICK .-..... FT. — U ' ON to Si � /D0 Si S9 RG 37 — i r —+ DA1OND — + 1 e JIr' f r ■• -- — se — — sf r £LD I I ES' 7 _� �— ��— —� clflilii llppppC1111i COU TY l:ct Ili 11.!! leap tll 7 Illlllll11 ea11 ailljpli/iliil l 111 e lae,ra,� n. vc .+n.... Il j -...a `gip IIIIIIIIJI -- , ei — ii lilies. uaeael ti em es • .m• MIND 1[K,,rrn llllllll EXHIBIT A WELD COUNTY TIN TIN ZXVDIVELM VN(IED POSJI. 81. P.O. 09K 470 • EfOCKCD•ir..7 0MA) UNITED TERRITORY Asa 321 8 1354 REC 02:106829 10/14/92 10:38 $10.00 1/002 F 1531 MAZY ANN YEUERSTEIN CLERK 6 RECORDER WELD CO, CO mom; PURSUANT TO C.R.S. SEC. 9-1.5-103(1) AS AMENDED CONCIRIMIG UINOERGRON]ND FACILITIES OF WIGC INS TELEPHONE ASSOCIATION Pursuant to C.R.S. Sec. 9-1.5-103(1) as amended, Wiggins Telephone Association hereby gives notice of the following infor- mation: 1. Wiggins Telephone Association owns and maintains under- ground facilities within the County of weld, State of Colorado, for the purposes of transmission ani distribution of telephone communication services. 2. At the time of this filing, Wiggins Telephone Associa- tion has underground facilities located within the following area served, within said Weld County and State of Colorado, to wit: Township 1 North Township 2 North Township 3 North Township 5 North 6th P.M. Township 6 North in Ranges 61, 62 the 6th P.M.' Township 7 North in Ranges 57, 58, and 63 West of the 6th P.M. Township 8 North in Ranges 57, 58, 63, and 64 Nest of the 6•:h P.M. Township 9 North in Ranges 57, 58, and 63 West of the 6th P.M. Township 10 North in Ranges 56, 61, 62 and 63 West of the 6th P. Township 11 North in Ranges 56, 61, 62 and 63 West of the 6th P. Township 12 North in Ranges 56, West of the 6th P.M. in Range 61 West of the 6th P.M. in Range 61 West of the 6th P.M. in Range 61 West of the 6th P.M. in Ranges 61 and 52 West of the and 63 West of 59, 60, 61, 62 59, 60, 61, 62, 59, 60, 61, 62 57, 58, 59, 60, M. 57, 58, 59, 60, M. 57, 58 and 59 3. Notice is given that the Wiggins Telephone Association may place additional underground facilities in the future anywhere within its general service area described in paragraph 2 above. 4. Anyone concerned with the location of the underground facilities of the Wiggins Telephone Association within the County of Weld, State of Colorado, may obtain necessary information regarding the same from the following person or persons: Name: Job Title: Address: Telephone Mo: Dwight E. Schmitt General Manager 414 Main P.O. Box 248 Wiggins, CO 8064 (303) 483-7343 SKLD LG SKL10257 WE 2306829-1992.001 8 1354 REC 02306829 10/14/92 10:38 $10.00 2/002 P 1532 NARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO Notice is further 4riven that in the event said individual is no longer so employed or retained, contact should be made with the individual who occupies that job title with the Wiggins Tele- phone Association at the same address and telephone number. DATED as of this 8th day of O:tuber, 1992. WIGGINS TELEPHONE ASSOCIATION BY C Sit liviee4Pf Dwight _ Schmitt, General Manager ;KLD LG SKL10257 WE 2306829-1992.002 Hello