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Home My WebLink About20231503.tiffHeritage Title Company MAK nvicdrin... Fur Nor! id (* Commonwealth' TITLE DEPARTMENT - DELIVERY TRANSMITTAL 7251 West 20th Street, Building L, Suite 100 Greeley, CO 80634 (970) 330-4522 Fax: (866) 828-0844 DATE: May 12, 2022 FILE NUMBER: H0674378 GUARANTEE NUMBER: CO-FFAH-IMP-81 COG6-1-22-H0674378 PROPERTY ADDRESS: none, Weld County, CO TO: Loveland Ready Mix Concrete, Inc. P.O. Box 299 Loveland, CO 80539 If checked, supporting documentation enclosed ATTN: Stephanie Fancher-English PHONE: (997) 066-7268 MOBILE: (970) 663-9162 FAX: (000) 000-0000 E-MAIL: stephanieh@lrmconcrete.com DELIVERY: Email NO. OF COPIES: 1 END OF TRANSMITTAL SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE. Guarantee No.: CO-FFAH-IMP-81COG6-1-22-110674378 Commonwealth Land Title Insurance Company a Florida corporation, herein called the Company GUARANTEES Loveland Ready -Mix Concrete, Inc. The Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Commonwealth Land Title Insurance Company Countersigned: By: Authorized Officer or Agent ` :41° TF •; SEAL '"�rnnnu.o.... ay Attest Rap di. 4uae president z rihchaz•Gra:elie Se;r4tary. 81COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Liability: $160.00 1. Name of Assured: Order No.: H0674378-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-22-H0674378 SCHEDULE A CHAIN OF TITLE GUARANTEE Order No.: 110674378-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-22-H0674378 Fee: $160.00 Loveland Ready -Mix Concrete, Inc., a Colorado corporation 2. Effective Date of Guarantee: May 5, 2022 at 6:00 PM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matters relating to the interest, if any, which was acquired by Loveland Ready -Mix Concrete, Inc., a Colorado corporation pursuant to a Quit Claim Deed recorded October 4, 2021 at Reception No. 4762736 in and to the land described as follows: See Exhibit A attached hereto and made a part hereof. Only the following matters appear in such records subsequent to March 16, 1950 (SE '/4 3-5-67) and August 18, 1970 (NE '/4 3-4-67): Reception No. 1078396 Reception No. 1752063 Reception No. 1786579 Reception No. 1787079 Reception No. 1819384 Reception No. 1553158 Reception No. 2654769 Reception No. 4762736 This Guarantee does not cover: Book 1265 Page 303 (SE '/4 3-5-67) Book 830 (SE '/4 3-5-67) Book 865 (SE '/4 3-5-67) Book 865 (SE '/4 3-5-67) Book 897 (SE '/4 3-5-67) Book 631 (NE '/4 34-4-67) (NE '/4 34-4-67 and SE '/4 3-5-67) (NE '/4 34-4-67 and SE '/4 3-5-67) 1. Taxes, assessments, and matters related thereto. 2. Instruments, proceedings, or other matters which do not specifically describe said land. 81COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No.: H0674378-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-22-H0674378 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS: PARCEL #1 The NE1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, except the following described parcels: 1. A strip of land conveyed to Union Pacific Railroad Company by Deed recorded September 25, 1908 in Book 287 at Page 74, being more particularly described as follows: A strip, piece or parcel of land 200 feet in width, being 100 feet in width on each side of the center line of the main track of Union Pacific Railroad (known as the Denver to Fort Collins line) as the same has been surveyed, located and staked out through, upon, over and across the NE1/4 of Section 3 Township 4 North, Range 67 West of the 6th P.M. 2. That portion of land conveyed to The Department of Highways, State of Colorado by Deed recorded April 4, 1961 in Book 1581 at Page 409, described as follows: A tract or parcel of land, No. 16 Project No. S 0057 (2) in the E1/2NE1/4 of Section 3, Township 4 North, Range 67 West, of the 6th P.M., more particularly described as follows: Beginning at a point on the property line from which the NE corner of Section 3 bears N. 26° 13' E., a distance of 175.7 feet; 1. Thence S. 68° 07' 30" E., along the property line, a distance of 86.7 feet to the E. line of Sec. 3; 2. Thence S. 0° 51' 30" E., along the E. line of Sec. 3, a distance of 1,749.6 feet; 3. Thence N. 42° 57' 30" W., along the existing northeasterly right of way line of the Dent -FT. Collins Branch of the Union Pacific Railroad, as located Dec., 1960, a distance of 74.6 feet, to the existing W. right of way line of the S.H. 257, as located December, I960; 4. Thence N 2° 8' W., along the existing W. right of way line of S.H. 257,as located December 1960, a distance of 134.6 feet; 5. Thence N 0° 51' 30"W., along the existing W. right of way line of S.H. 257, as located December, 1960, a distance of 833.0 feet; 6. Thence N 03° 26' W., a distance of 600.6 feet; 7. Thence N 0° 51' 30"W., a distance of 160.2 feet, more or less, to the- point of beginning-. ALSO A tract or parcel of land No. 17 of Colorado Department of Highways Project No. S 0057 (2) in the SE1/4NE1/4 of Section 3, being more particularly described as follows: Beginning at a point on the S. line of the NE1/4 of Section 3, Township 4 North, Range--67-West-, from which the SE corner of the NE1/4 of Sec. 3 bears S. 88° 21' 30" E., a distance of 90.1 feet; 1. Thence N. 0° 51' 30" w., a distance of 30.0 feet to the existing N. right of way line of the County Road, as located December, 1960; 2. Thence S. 88° 21' 30" E., along the existing N. right of way line of County Road, as located December, 1960, a distance of 50.0 feet ; 3. Thence N. 0° 51' 30" W., along the existing W. right of way line of S.H. 257, as located December, 1960, a distance of 17.6 feet; 4. Thence N. 37° 42' W., along the property line, a distance of 29.5 feet ; 5. Thence N. 38° 46' 30" E., a distance of 12.0 feet; 81COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No.: H0674378-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-22-H0674378 EXHIBIT A Legal Description (Continued) 6. Thence N. 0° 51' 30" W., a distance of 568.5 feet to the existing southwesterly right of way line of the Dent -Ft. Collins Branch of the Union Pacific Railroad, as located December, 1960; 7. Thence S. 42° 57' 30" E., along the existing southwesterly right of way line of the Dent - Ft. Colins Branch of the Union Pacific Railroad, as located December, 1960, a distance of 74.6 feet to the E. line of Sec. 3; 8. Thence S. 0° 51' 30" E., along the E. line of Sec. 3, a distance 590.3 feet to the SE corner of the NE1/4 of Sec. 3; 9. Thence N. 88° 21' 30" W., along the S. line of the NE1/4 of Sec. 3, a distance of 90.1 feet, more or less, to the point of beginning. 3. That portion of land conveyed to Department of Highways by Deed recorded April 11, 1961 in Book 1582 at Page 183, described as follows: A tract or parcel of land No. 17A of Colorado Dept, of Highways' project No. S 0057(2) in the SE1/4NE1/4 of Section 3, Township 4 North, Range 67 West, of the 6th P.M., being more particularly described as follows: Beginning at a point on the existing N. right of way line of County Road, as located December, 1960, from which the SE corner of the NE1/4 of Sec. 3 bears S. 70° 12' 30" E., a distance of 96.2 feet; 1. Thence, N. 38° 46' 30" E., a distance of 50.7 feet to the northeasterly property line; 2. Thence, S. 37° 42' E., along the northeasterly property line, a distance of 29.5 feet to the existing W. right of way line of S.H. 257, as located December, 1960; 3. Thence S. 0° 51' 30" E., along the existing W. right of way line of S.H.257,. as. located December 1960, distance of 17.6 feet; 4. Thence N. 88° 21' 30" W., along the existing N. right of way line of the County Road, as located December, 1960, a distance of 50.0 feet, more or less to the point of beginning. 4. That portion of the NE1/4 conveyed to Blehm Land and Cattle Co., a Wyoming Corporation by Deed recorded April 5, 1979 in Book 865 as Reception No. 1786578, being described as follows: All that part of the NE1/4 of Section 3, Township 4 North, Range West of the 6th P.M., Weld County, Colorado, lying Northerly and Easterly of the Right -of -Way of the Union Pacific Railroad Company, EXCEPT those parcels conveyed to Weld County by deed recorded in Book 114 at Page 491 and to the Department of highways by deed recorded in Book 1581 at Page 409. 5. Lots "A" and "B" of Recorded Exemption No. 1059 -03 -1 -RE 889, according to map recorded October 1, 1986 in Book 1130 as Reception No. 2071677, being a portion of the NE1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado and Lot B of Amended Recorded Exemption No. 1059-03- 1-AMRE 889 recorded June 8, 2001 at Reception No. 2855618. PARCEL #2 A strip of land 100 feet in width, being 50 feet wide on each side of a center line through the NE1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, said center line being more fully described as follows: Beginning at a point on the North line of the County Road on the south of said NE1/4, 51 feet more or less, west of the West line of the County Road on the east of said NE1/4; thence North 37° 42' West 3238 feet; thence Northwesterly on a 1° 30' curve to the left 347 feet to a point on the North line of said NE1/4, 463 feet east of the northwest corner thereof, a total distance of 3585 feet. PARCEL #3: 81COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No.: H0674378-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-22-H0674378 EXHIBIT A Legal Description (Continued) That portion of the SE1/4 of Section 34, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado, lying and being South and West of the Right -of -Way of the Union Pacific Railroad Company, excepting therefrom a parcel of land deeded to The Denver, Laramie and Northwestern Railway Company, a corporation by Deed recorded May 12, 1909 in Book 300 at Page 580, being described as follows: All that part or parcel of land situated in the SE 1/4 of Section 34, lying southwesterly of the southwesterly boundary line of the Union Pacific Railroad Company's right of way and Northeasterly of a line drawn 50 feet southwesterly of and parallel to the center line of the Denver, Laramie and Northwestern Railway as now located, surveyed and staked out over and across said SE1/4, said center line being more fully described as follows: Beginning at a point on the South line of said SE1/4, 907 feet east of the Southwest corner thereof, thence in a Northwesterly direction on a 1° 30" curve to the left 986.3 feet; thence North 57° 42" West 166.2 feet to a point on the west line of said SE1/4, 708 feet North of the Southwest corner thereof, a total distance of 1152.5 feet. 81COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No.: H0674378-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-22-H0674378 NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) 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. C. R. S. A. § 10-1-128 (6)(a). 81COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No. H0674378-820-GRO Guarantee No. CO-FFAH-IMP-81COG6-1-22-H0674378 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule A of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the validity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. The identity of any party shown or referred to in Schedule A. The validity, legal effect or priority of any matter shown or referred to in this Guarantee. (c) (d) GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date shown in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph it shall do so diligently (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudice by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 81COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No.: H0674378-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-22-H0674378 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 or these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to an defect, lien or encumbrance assured against by this Guarantee. 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assure claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not full cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the company in connection with its issuance of the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrable only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: COMMONWEALTH LAND TITLE INSURANCE COMPANY Claims Department Post Office Box 45023 Jacksonville, FL 32232-5023 81COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Recorded et /0 O'clock (:�: x'11, Reception N,.0 2ita aAnn Spomer, Recorder WARRANTY DEED BOOKI265 ?AGE 303 KNOW ALL MEN BY THESE PRESENTS, That EDWIN 3. HAEFELI, of the County of Weld and State of Colorado, for the consideration of.TEN TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS in hand paid, hereby sell and convey to THE Eq.H. CORPORATION, A Colorado Corporation, the following real property, situate in the County of Weld and State of Colorado, to -wit:: DOCUMENTARY Parcel No. 1: Hovl2g bIGE304 The Southeast Quarter (SEa) and the Southeast Quarter (SE) of the Northeast Quarter(Er) of Section Thirty-four (34), Township Five (5) North, Range Sixty-seven (67) 'lest of the 6th P.M., to- gether with improvements thereon; also all rights in reservoir located on the West Half (ail ) of the Northwest Quarter (NW-) of Section Thirty-five (35), Township Five (5) North, Range Sixty-seven (67) West of the 6th P.M., reserved in deed to Anthony Sauter of record in Book 408, Page 49, Weld County Records; also, the Tromble Reservoir located on the Northwest Quarter (Nv11=--) of the Northwest Quarter (N:l ) of Section Thirty-five (35), Township Five (5) North, Range Sixty-seven (67) .`best, and all water appropriated therefor evidenced by map and sworn statement of said reservoir filed in the Office of the County Clerk and Recorder of held County, Colorado, March 17, 1916 at 3:20 o'clock P.M., Reception No. 225360, and in- cluding any aid all ditch or lateral ditch rights, water or seepage water to which the described land is entitled; also an undivided 1/3 interest in that certain irrigation ditch known as the Hill Seepage Ditch, and all water appropriated therefor, also my interest in and to that certainreservoir eservoir from which water is derived for the said Hill Seepage Ditch, the sa` d ditch being operated upon Section Thirty-four (314), Township Five (5) North, Range Sixty- seven (67) West, together with 1/3 interest in and to the right of way for said ditch as derived by grant from Archibald A. Crawford to Simeon Hill, said grant or deed bearing date October 4, 1892 and recorded in Book 114, Page 3o1, Weld County Records; it being under- stood that this deed shall convey sufficient water to irrigate the said land above mentioned and for domestic use t=.er-eon, even pro- vided it may take all the water flowing in the Hill Seepage Ditch in times of scarcity during the irrigation season to irrigate the said land; it being the intention to convey all the reservation reserved in a certain Quit Claim Deed from Simeon Hill to Minnie B. Mayne and i..H. Leazer dated November 27, 1895, and recorded in Book 11!x. Page 392, Weld County Records. Together with eight (8) shares of the capital stock of The Greeley and Loveland Irrigation Company, five (5) shares of the capital stock of The Seven Lakes Reservoir Company, and one-half (1/2) right in The Loveland and Greeley Reservoir evidenced by Contract No. 146. Subject to J.S. Patent reservations, exceptions and limitations recorded in Book 51, Page 340 and Book 333, Page 80, Weld County Records; lien existing by reason of the inclusion of said property within Northern Colorado Water Conservancy District; rights of way and easements as conveyed in Book 248, Page 381, Book 300, Page 580, Book 1001, Page 245, Book 11)4, Page 392, Book 163, Page 481;. and Book 114, Page 361, Weld County Records; and to all reservation§, exceptiai s and encumbrances of record. Boat' .265 rgE 3OO Parcel No. 2: All of Section Nineteen (19), Township Four (4) North, Range Sixty-four (6.) West of the 6th P.M., together with 21.93 shares of the capital stock of The Farmers Reservoir and Irrigation Company and any and all other ditch and water rights belonging or appertain- ing to said land. Subject to lien existing by reason of the inclusion of said property within Northern Colorado Water Conservancy District, and to all reservations, exceptions and encumbrances.of record. Signed and delivered this - day of January, A. D. 19,5-4 • STATE OF COLORADO, County of Weld. SS. Edwin J. Hao li (SEAL) The. foregoing; instrument Was acknowledged before me this 3d day, of ;'. February , A. D. 1950 , by EDWIN J. HAEFELI. o:� 71i ,S=alt', hand and official seal. comniijaon ex_oires: i c� P c 800K ;- MAY 1 1978 Recorded at..... ./q'y.,ttyo'clock M., 830 ,A Reception No. �26:1..... MARY ANN FEUE0 TFIN Recorder. THIS DEED, Made this 1 `l t day of 5'r Recorder'- Stamp 10 7f between'I'liE P.P.H. CORPORATION a corporation duly organized and existing under and by virtue of the laws of the. State of Colorado of the first part,and THE P[RET NATIONAL RANK or GREELEY, COLORADO, Trustee Greeley of the1025 0th Avenounty of Weld Colorado of the socond part: and State of WITNESSETH, That the said party of the first part, for and in consideration of the sum of other valuable consideration and TEN and NO/100 DOLLARS, to the saidparty of the first part in hand paid by the said part y of the second part, the receipt whereof is here- by confessed and acknowledged, bath granted, bargained, sold and conveyed, and by these presents doth grant, bar- gain, sell, convey and confirm unto the said part Y of the second part, 1t:1 heirs, and assigns for- ever, all of the following described lot or parcel of land, situate, lying and being In the County of Weld and State of Colorado, to wit: The Southeast Quarter (sE1/4) and the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section Thirty-four (34), Township Five (5) North, Range Sixty-seven (67), West of the 6th P.M., together with improvements thereon; also right in re- servoir located on the West Half (W1/2) of the Northwest Quarter (NW1/4) of Section Thirty-five (35), Township Five (5) North, Range Sixty-seven (67), West of the 6th P.M., reserved in deed to Anthony Sauter of record in Rook 479, Page 49, Weld County Records, also the Tromble Reservoir located on the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section Thirty-five (35), Township Five (5) North, Range Sixty-seven (67), West of the 6th P.M., and all water appropriated therefor evidenced by map and sworn statement of said reservoir, filed in the office of the County Clerk and Recorder of Weld County, Colorado, March 17, 1916 at 3:20 o'clock P.M., Reception No. 228360, and including any and all ditch or lateral ditch rights, water or seepage water to which the described land is entitled; also an undivided 1/3 interest in that certain irrigation ditch known as the Hill Seepage Ditch, and all water appropriated therefor, also an interest in and to that certain reservoir from which water is derived for the said Hill Seepage Ditch, said ditch being operated upon Section 311, Township 5 North, Range 67, West of the 6th P.M., together with 1/3 interest in and to the right of way for said ditch as derived by grant from Archibald A. Crawford to Simeon Hill, said grant or deed bearing date October 4, 1892, recorded in Book 114, Page 361, Weld County Records; it being understood that this deed shall convey sufficient water to irrigate the said land above mentioned and for domestic use there- on even provided that it may take all of the water flowing in the Hill Seepage Ditch in times of scarcity during the irrigation season to irrigate the said land; it being the intention to con- vey all reservation reserved in a certain quit claim deed from Simeon Hill to Minnie R. Mayne and M. H. Leaner, dated November 27, 1895 and recorded in Book 114, Page 302, Weld County Records, together with B shares of the Greeley and Loveland Irrigation • Company, 5 shares of the Seven Lakes Reservoir Comnan,y, and 1/2 right of the Loveland and Greeley Reservoir as evidenced by Con- tract No. 146. SKLD, Inc. HT SKL19458 WE 1752063-1978.001 BOOK 830 1,752063 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in Iaw or equity, of, in and to the above bargained premises with the hereditamente and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said party of the second part its heirs and uesigne forever. And the said The E,P.H. Corporation party of the fleet part, for Itself, and its successors, cloth covenant, grant, bargain, and agree to and with the said part y of the second part, its heirs and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed, as of a good, sure, perfect, aheolute and indefeasible estate of inheritance, in law, in fee simple, and hath good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrancea of whatever kind or nature soccer; s ub J cc t to existing encumbrances, current taxes and matters of record, and the above bargained premises in the quiet and peaceable possession of the said part y of the second part �..i`CI‘atta el heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole ,tausli pr e+ the said party of the first part shaft and will WARRANT AND FOREVER DEFEND. =,f, Q�jN''V rt aEOF, The said party of the first part bath caused its corporate name to be hereunto Wko4Dseribet b/ ite'•7 1i President, and its corporate seal to he hereunto affixed, attested by its ary, the day } kear first above written. iz_A,itest: t • S • THE P.P.H. CORPORATION rte ••.• .•.-0 —' tttest aO Q o&'fE OF COLORADO, County of ',rt k . aeertary. 13y, The foregoing instrument was acknowledged before me this 1078 ,by Edwin P. Haefeli Joseph L. Haefeli The EP.H•Corporation My notarial commission expires My Commts.ion oxpros Lcp:,,2' i� Witness my hand and official seal. • -70 i Prurident. /tday of 911a as President and as ,g�ds�..v of•. cs-Ni coo rem , No. 4011. WARRANTY DEED—CnrperntIon.—Hradrord Publishing On., 1111446 abut attest, Pseew, calends -11.74 414.. ,,,,,,,,+•'�r SKLD, Inc. HT SKL19458 WE 1752063-1978.002 Po 865 A Recorded at -..........—�.. o'clock ..M~p.. .5.19%98 Roc. No. 17616579 rti !rote of Colo,mt Wild Cejniy Clerk i Recorder SPECIAL WARRANTY DEED THE *IRST NATIONAL BANK OF GREELEY, Colorado, Trustee, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, Grantor, whose address 15.1925 Ninth Avenue, Greeley, Weld County, Colorado 80631, for the consideration"o£ other valuable consideration and Ten and No/100 Dollars ($10.00) in hand paid, hereby sells and conveys to BLEHM LAND AND CATTLE COMPANY, a Wyoming corporation authorized to do business in the State of Coloro, Grantee, whose address is Route 1, Box 84, Milliken, Colo- rado 80543, tt}e following real property in the County of Weld and State of Colorado, to-waiit: The Southeast Quarter (SE/4) and the Southeast Quarter -of the Northeast Quarter (SE/4 NE/4) of Section 34, Township 5 North, Range 67 West of the 6th P.M., together with improvements thereon; also right in reservoir located on the West Half of the Northwest Quarter (W/2 NW/4) of Section 35, Township 5 North, Range 67 West of the 6th P.M., reserved in deed to Anthony Sauter of record in Book 408, page 49 of the Weld County Records; also the Tremble Reservoir located on the North- west Quarter of the Northwest Quarter (NW/4 NW/4) of Section 35. Township 5 North, Range 67 West of the 6th P.M., together with eight (8) shares of The Greeley and Loveland Irrigation Company, five (5) shares of The Seven Lakes Reservoir Company, and one-half (1/2) right of the Loveland and Greeley Reservoir as evidenced by Contract No. 146, x N 'N M: 4LSkip. Documentary Feel Da:e CC.. 51979 with all its appurtenances, and warrants the title against all persona claiming under the above Grantor, subject to current taxes and matters of record. And the Grantor, for the above recited consideration, hereby sells and quitclaims to the Grantee all of the right, title, claim and interest of Grantor in and to the following water and other rights or interests: 1. All water appropriated for said Tremble Reservoir, evidenced by map and sworn statement of said Tromble Reservoir, filed in the office of the County Clerk and Recorder of Weld County, Colorado, March 17, ]916 at 3:20 P.M., Reception No. 228360, and including any and all ditch or lateral ditch rights, water or seepage water to which the described land is entitled. 2. An undivided one-third (1/3) interest in that certain irrigation ditch known as the Hill Seepage Ditch, and all water appropriated therefor, in- cluding an interest in and to that certain reservoir from which water is derived for the said Hill Seepage Ditch (said ditch being operated upon Section 34, Town- ship 5 North, Range 67 West of the 6th P.M.), and together with one-third (1/3) interest in and to the right-of-way for said ditch as derived by grant from Archibald A. Crawford to Simeon Hill, said grant or deed bearing date of Octo- ber 4, 1892, recorded in Book 114, page 361 of the Weld County Records. 3. All rights reserved for the benefit of the owner of the South Half of the Southeast Quarter (S/2 SE/4) of Section 34, Township 5 North, Range 67 West of the 6th P.M. contained in a certain quit claim deed from Simeon Hill to Minnie B. Mayne and M. H. Leazer, dated November 27, 1895 and recorded in Book 114, page 392 of the Weld County Records. SIGNED and delivered this '/ day of AMarchl, 1979. .. , :. u w °William A. Haines Cashier THE FIRST NATIONAL BANK OF GREELEY, Trustee 7 B� Roe''�J•��— / ce-S. Clark hairman of the Board & President SKLD, Inc. HT SKL19458 WE 1786579-1979.001 me this 4th day of as President NATIONAL SANK OF SKLD, Inc. HT SKL19458 WE 1786579-1979.002 _....- tiLftf/:''', — ,.. . • , / ,'I V,� ; 1 A ,T a • '• `',-_ / . •i. • A L rr'/4 r'... 4O p Secretary 865 ck.? 11870'79 Stole of Coloreds, Meld; CoiaWy Clerk & Recorder APR 11 1979 o'clock M ....».......... WARRANTY DEED IN JOINT TENANCY KNOW ALL MEN BY THESE PRESENTS, That BLEHM LAND AND CATTLE CO., a Wyoming corporation authorized to do business in the State of Colorado, Grantor, whose address is Route 1, Box 84, Milliken, Colorado 80543, for the consideration of Ten Dollars ($10.00) and other valuable considerations in hand paid, hereby sells and conveys to DENNIS G. DUNN and DELORES J. DUNN, Grantees, whose address is Route 1, Box 113-B, Milliken, Colo. , in joint tenancy to said Grantees, the survivor of them, their assigns, and the heirs and assigns of such survivor, the following real esate and property, situate in the County of Weld and State of Colorado, to -wit:" That portion of the Southeast Quarter (SE/4) of Section 34, Township 5 North, Range 67 West of the 6th P.M., lying and being South and West of the Right -of -Way of the Union Pacific Railroad Company, EXCEPT parcels conveyed by Charlie H. Tromble and Adell Tromble to The Denver, Laramie and Northwestern Railway Company by Warranty Deed recorded May 12, 1909, in hook 300 at page 580, Reception No. 141334, together with a limited right-of-way for the benefit of said Grantees as follows: A right-of-way over and across the Southeast Quarter (SE/4) of said Section 34, immediately North of and adjacent to the Right -of -Way of the Union Paci- fic Railroad Company for the purpose of access for livestock to and from, the above described lands conveyed herewith, but only when Grantees are prevented by reason of high water or flooding from reaching said lands from the Northeast Quarter (NE/4) of Section 3, Township 4 North, Range 67 West of the 6th P.M. lying South and West of the Right -of Way of the Union Pacific Railroad Company. This right-of-way is further limited as follows: Whenever Grantees are entitled to this right-of-way they shall seek to avoid any damages to the Grantor's premises and all crops thereon. In order to avoid such possibility of damages, Grantees shall use traveled ways or roads as may be established on the premises, and if no such ways or roads are available, then the Grantees shall re- main as close to the Right -of -Way of the Union Pacific Rail- road Company as is practicable; together with all its appurtenances, and warrants the title to the same, subject however, to the following: 1. 1979 taxes payable in 1980. 2. Reservations and other rights contained in United States Patent recorded in Book 51 at page 340 of the Weld County Records. 3. Oil, gas -and mineral lease to Amoco Production Company, recorded in Book 736 as Reception No. 1647682 of the Weld County Records. 4. Terms of the Greeley -Loveland Shareholder's Domestic Water Agree- ment recorded in Book 558 as Reception No. 1479859 of the Weld County Records. SIGNED and delivered this day of April , 1979. BLEHM LAND .AND CATTLE CO. Bye-�I-y7�Kr tk�� tf/ President The foregoing instrument Was. acknowledged before me this, day of April 1979, by Theador Blehm , President , and -- E. Odstrcil , Secretary of BLEUM LAND AND CATTLE Mole of Coloroa Recorded ot .-... .....-.....—., o'clock -11:3../.4 APR 1 1 1979 17874'79 / Slot. of CoA rolo, Wild County CIMk & Rernrwr 1 1 WARRANTY DEED IN JOINT TENANCY KNOW ALL MEN BY THESE PRESENTS, Tht,t BLEHM LAND AND CATTLE CO., a tiWyoming corporation authorized to do business in the State of Colorado, Grantor, © whose address is Route 1, Box 84, Milliken, Colorado 80543, for the consideration of Ten Dollars ($10.00) and other valuable considerations in hand paid, hereby co sells and conveys to DENNIS C. DUNN and DELORES J. DUNN, Grantees, whose address r-4 is Route 1, Box 113-B, Milliken, Colo. , in joint tenancy to said Grantees, the survivor of them, their assigns, and the heirs and assigns of such survivor, the following real estate and property, situate in the County of Weld and State of N Colorado, to -wit: O 0! That portion of the Southeast Quarter (SE/4) of a Section 34, Township 5 North, Range 67 West of o the 6th P.M., lying and being South and West of the Right -of -Way of the Union Pacific Railroad Company, EXCEPT parcels conveyed by Charlie M. Tromble and Adell Tromble to The Denver, Laramie and Northwestern Railway Company by Warranty 46 alb, Deed recorded May 12, 1909, in Book 300 at page 580, Reception No. 141334, together with a limited right-of-way for the benefit of said Grantees as follows: A right-of-way over and across the Southeast Quarter (SE/4) of said Section 34, immediately North of and adjacent to the Right -of -Way of the Union Paci- fic Railroad Company for the purpose of access for livestock to and from the above described lands conveyed herewith, but only when Grantees are prevented by reason of high water or flooding from reaching said lands from the Northeast Quarter (NE/4) of Section 3, Township 4 North, Range 67 West of the 6th P.M. lying South and West of the Right -of -Way of the Union Pacific Railroad Company. This right-of-way is further limited as follows: Whenever Grantees are entitled to this right-of-way they shall seek to avoid any damages to the Grantor's premises and all crops thereon. In order to avoid such possibility of damages, Grantees shall use traveled ways or roads as may be established on the premises, and if no such ways or roads are available, then the Grantees shall re- main as close to the Right -of -Way of the Union Pacific Rail- road Company as is practicable; together with all its appurtenances, and warrants the title to the same, subject however, to the following: 1. 1979 taxes payable in 1980. 2. Reservations and other rights contained in United States Patent recorded in Book 51 at page 340 of the Weld County Records. 3. Oil, gas and mineral lease to Amoco Production Company, recorded in Book 736 as Reception No. 1647632 of the Weld County Records. 4. Terms of the Greeley -Loveland Shareholder's Domestic Water Agree- ment recorded in Book 558 as Reception No. 1479859 of the Weld County Records. Secretary 1619384 1'1 37479 g -a STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this .."."-day of April , 1979, by Theador Blehm I President , and Toseph E. Odstrcil , Secretary of BLEHM LAND AND CATTLE CO. WITNESS my hand and official seal. No,Lary Public My Commission expires: March 6, 1982. THIS WARRANTY DEED is being re-recorded for the purpose of affixing the Notary Public Official Seal which was inadvertately omitted. STATE OF COLORADO ) COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 4th day of March, 1980 by Theador Blehm and President and Joseph E. Odstrcil as Secretary of BLEHM LAND AND CATTLE CO. WITNESS my hand and official seal. My Commission Expires: 3-6-82. Estella H. Ho I , previously known_ Estella M.' Bu 4, Notary Pub k AFTER RE-RECORDING MAIL TO: Scott Realty Co. 1212 - 8th Avenue Greeley, Colorado 80631 -2- tr 1553158 9 O .71 arse mat ca! offi nry wanton•.... ..__411G18_191Q.., a _ eft.. AlL 631 R«apdoe Na _ .l t].ri3158 . _ ANN "PO.MDI .. , Raaea. Ellie !Peel, blacklist 17th day of August Mr al tar Lord ore thoa,,ad nine hawked add seventy betaaae Oraca Lae Crawley, of am . Coitty ad Weld sad Stu* of Coaaado, of the Dennis C. Dunn and Delores J. Dunn, his wife, of ate Coady ad Wald sad Sap of Catania al the woad pat: Mfr ItSSZTH: The, the seta potty of the arse part, for wad Fe aaaeilarawoa d the are d Other valuable consideration end tan w de add sve y of the first pan le hoed eta DOLLARS, fa aoaband tad aof the rdead, hegowned, by the saki partb of the awed part the medal sham( b OD 'fot, boc00 , see, convey and coslhnt onto the ■ ounce af, eet4 and part, toyecl, octet by thaw em, i oo Ial b INat tummy. the survivor of them, their ounce of the eat ad parr, f pus sa b arty b taeeoa keels 6xelbea tat or madam and the a kink nut the of seek nureSsar tea et a8 the tatof bad, ghats, lying act! being b the Coady of Wald tad Smp of Cdatdo, emeh: The N8k pf gentian 3, Tovaabip 4 North, Range 67 Vest of thefts 1.16. excepting rights of way convoyed by deeds recorded in Book 130, page 298, in ...oak 287, page 74, in Book 292, page 165, Hold County Records, and parcel of land convoyed by deed recorded in Book 76, page 292, Weld County Records. Together with all ditch and water right's connected with or appertaining to said land including all water rights and privilogee used for irrigation of said lands and for damaatic uses thereon reserved in deed recorded in Book 130, page 298, Weld County Recorda; also right off way for ditch in the NEk of Section 10, Township 4 North, Range 67 West of the 6th P.N. described in deed from John N. 0rovar to Minnie B. Mayne dated December 31, 1908 together with right to maintain dam and to maintain and use the irrigation reesrvoir end to conduct voter tharofrom conveyed to Minnie B, Mayne by Archibald A. Crawford by deed recorded in Book 163, page 484 of the Weld County Record.. ALSO: A strip of land 100 foot in width, being 50 feet wide on each side of a cantor line through the NEk of Section 3, Township 4 North, Range 67 West of the 6th P.M., said canter line being more fully described as follows' beginning at a point on the north line of the county road on the south of said NEk 51 fast more or loss, vast of the vast lino of the county road on th• oast of said NEk; thence North 370 42° West 3238 faat;eheace northwesterly on a 10 30' curve to the loft 347 feet to a point on the nerth lino of said NEk. 463 fact east of the northweot corner thereof, • total distance of 3585 feat, said strip of land containing 8.23 acres, more or less, being the sane parcel of land acquired by P. It, Perch by deed from Weld County, Colorado, dated September 30, 1947, recorded October 1, 1947, in Book 1212, page 331 of the recorda of the Clark and Recorder of Wald County, Colorado. 3.3d • la the rte s e 7,4 O • SKLD, Inc. HT SKL19458 WE 1553158-1970.001 TOOITHIR with all and angular the hereditament, and appurtenances thereunto belonging, or is any wise npgrtalning, and the ion and reversions, remainder and remainders, rentr, hums and profits Maeof; and n.7 dm state. right, title, interest, claim and demand whatsoever of the mid pert y of the rest Mrt, cN►s in law or equity, ol, in and to the above bergained premises, the hereditamrau end 'womanise's TO HAYS MID TO HOLD the said premiere theme bergdmed sod describwd. with aPPeameenter mob the said parties of the second part, the survivor of than, their amigos, end the heirs and maimed aerie Smashes for. ear. And the mid pert y of the fist part, foe hea:lf hedrelrt. executors. and adoialaenwe, delta agvenga% aunt. bargain end agree to and with the mid partite of the mtond poet. tit tneelee, of 66sn, thole add= and the hales end maims of mach washer, that at the dice of the ensealbtg tad delloaiep of then presents. It srni st d t4 the prewaao m ek teed. up*, -,rM6. ibi z:..• and lkdtlandi It t Sete rd esherkaooe, in law. in fee simple, and Its a gold right. lull power end model eaRhoeNy to tract fae>Rln. mil veil eoaoep. the mew in manner and form aforesaid, eat the; the nom on. than ern door from all :mote sad ,after sneers, bnrenine, exis, Ikea, tares. asasemans and lot:I mbuuing, el whatever kted or natters mew: except subject to the 1974 taste payable In 1971 which have been prorated, rights of way and easements eotebliehad on the premises, roservatttme, ancapsionee covenant° and conditions created by LTstrueente of record, end the amen bargained premises in the mist nod peaceable poamuMu of the send gaun* of the mcaad We. Cat survivor of them, their assigns and the heirs end emigre of such minims, neatest oil and eessp moan or gamma hwimay chiming or to claim the whole an arty pen thereof, the said mat y of the iaet peat akail sad will WARRANT AND FOREVER DEPEND, IN WITNESS WHEREOF, the rid pan y of the first put ban btrwnto sat her bad rod seal the day and year that above written. —CSEALH STATE OF COLOHADO,tss The foregoing inuttomem wee ahnowlrda•d before me this_ �% . day el County of Weld. JJ _._.. A.4Bk!4 .. 19 70, by GPM Lea Wisess Yy Had end OffhW AW Hy Cemmfmtn Iepires essays.'-t._Cal . Y..C.Y7 '------- - — wait Le._ e?;.: ._ �� `s yE- NTY DI .. I int Tema. SKLD, Inc. HT SKL19458 WE 1553158-1970.002 D.P. $45.00 �1ot3 I2161511161911111 Illill 1111111111 !1111111111 III IIIII ill! IIII 69 11/19/1998 01:24p Weld CountCO 1 of 5 R 26.00 D 45.00 JA Sukt Taukamy ote Warranty Deed Ti11S DEED is a conveyance of the real property described below, including any improvements and other appurtenances (tile "property") from the individual(s), corporation(s), partnership(s), or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (I) the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights -of - way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protect ive_cnvenants.and restrictions shownof-reward (6)arty-additional; matters t>ekrw-under -"Additional Warranty Exceptions and (7) subject to building and zoning regulations. The Specific Terms of This Deed Are: Grantor: (Give mat(s) and place(s) of residence; if the spouse of the owner -grantor is joining in this Deed to release homestead rights, identify grantors as husband and wife.) DENNIS G. DUNN AND DELORES J. DUNN Grantee: (Give name(s) and addressees); statement of address, including available road or street number.) LOVELAND READY -MIX CONCRETE, INC., A COLORADO CORPORATION P.O. BOX 299, LOVELAND, COLORADO, 80539 Form of Co -Ownership: (If there are two or more grantees named, they wit! be considered to take as tenants in common unless she words "in joint tenancy" es words -of the-sameineanarg--are added in the spacebelow _). Property Description (Include county and state.) SEE ATTACHED EXHIBITiA Property Address: VACANT MILLIKEN COLORADO 80543 Consideration: (The statement of a dollar amount is optional, adequate consideration for this deed will be presumed unless this conveyance is identified as a gift, In any case this conveyance is absolute, final and unconditional.) FOUR HUNDRED FIFTY THOUSAND AND 00/100 Reservations -Restrictions: (If the GRANTOR intends to reserve any interest in Ihr property or to convey less than is owned, or if the GRANTOR is restricting the GRANTEE'S right in the property, stake appropriate indication.) GRANTOR RESERVES ANY AND ALL OIL AND GAS RIGHTS Additional Warranty Exceptions: (include deeds of trust being assumed and other matters nut covered above.) Executed by the Grantor on NOVEMBER 13, 1998 Signature for Corporation, Partnership or Association: Name of Grantor: Corporation, Partnership or Association By By Attest: 'my ebmn(igs�'pn ex.5ie : IC'WBER 8, 2000 S3FkT1 OF F, c' 1032 N LINCOLN AVENUE, LOVELAND CO 80537 COUAITY.OF •; o ; ss The Toregoir ' n r) ix of was acknowledged before me this day of By* attire forlpiiitRylual(s): DI . N cow) kiu- ENNIS G by Attorney in Fact antor Grantor for ey iS J.t FactDaV STATE OF COLORADO COUNTY LARIMER 3 ss. IRK,,,, The fore b` msttiisaitti[ was acknowledged before me this 13th day of NOVEMBIt, 1998 By IN FACT' FOR BO'111 DENNIS O. DUNN AND DELORES J. DUNN SVI rhIESS my -hard end ofttctal eat -a �, tl It )� -�,. �� Notary Public antor ('name individual Granter(s) or if Grantor is Corporation:, Partnership or Association, then identify signers as president or vice president and secretary or assistant secretary of corporation; or as partncr(s) of partnership; or as authorized mcmher(.$) of association.) WITNESS my hand and official seal. My commission expires: ©NM UPDATE LEGAL FORMS Notary Public WCTC No. 201-L SKLD, Inc. HT SKL19458 WE 2654769-1998.001 EXHIBIT A 1 111111 11111 111111 1111 111111 11111 111111 111 11111 liii liii 2 of 5 R 26.00 D 45.00 JA Suki Tsukamoto PARCEL #1 The NE1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, except the following described parcels: 1. A strip of land conveyed to Union Pacific Railroad Company by Deed recorded September 25, 1908 in Book 287 at Page 74, being more particularly described as fdllows: A strip, piece or parcel of land 200 feet in width, being 100 feet in width on each side of the center line of the main track of Union Pacific Railroad (known as the Denver to Fort Collins line) as the same has been surveyed, located and staked out through, upon, over and across the NE1/4 of Section 3 Township 4 North, Range 67 West of the 6th P.M. 2. That portion of land conveyed to The Department of Highways, State of Colorado by Deed recorded April 4, 1961 in Book 1581 at Page 409, described as follows: { A tract or parcel of land, No. 16 Project No. S 0057 (2) in the E1/2NE1/4 of Section 3, Township 4 North, Range 67 West, of the 6th P.M., more particularly described as follows: Beginning at a point on the property line from which the NE corner of Section 3 bears N. 26°13' E., a distance of 175.7 feet; 1. Thence S. 68°07'30" E., along the property line, a distance of 86.7 feet to the E. line of Sec. 3; 2. Thence S. 0- 51' 30" E., along the E. line of Sec. 3, a distance of 1,749.6 feet; 3. Thence N. 42° 57' 30" W., along the existing northeasterly right of way line of the Dent -FT. Collins Branch of the Union Pacific Railroad, as located Dec., 1960, a distance of 74.6 feet, to the existing W. right of way line of the S.H. 257, as located December, 1960; 4. Thence N. 2° 08' W., along the existing W. right of way line of S.H. 257, as located December 1960, a distance of 134.6 feet; 5. Thence N. 0° 51' 30" W., along the existing W. right of way line of S.H. 257, as located December, 1960, a distance of 833.0 feet; 6. Thence N. 03° 26' W., a distance of 600.6 feet; 7. Thence N. 0° 51' 30" W., a distance of 160.2 feet, more or less, to thepointof beginning-. ALSO A tract or parcel of land No. 17 of Colorado Department of Highways Project No. S 0057 (2) in the SE1/4NE1/4 of Section 3, being more SKLD, Inc. HT SKL19458 WE 2654769-1998.002 11111111111111111111111111111111111111111111111111111 2654769 11/19/1998 01:24P Weld County CO 3 of 5 R 26.00 D 45.00 JR Suki Teukamoto EXHIBIT A CONTINUED particularly described as follows: Beginning at a point on the S. line of the NE1/4 of Section 3, Township 4 North 6 Range .67 Wes, from which the SE -corner of -the NE1/4 of Sec. 3 bears S. 88 21' 30" E., a distance of 90.1 feet; 1. Thence N. 0° 51' 30" W., a distance of 30.0 feet to the existing N. right of way line of the County Road, as located December, 1960; 2. Thence S. 88° 21' 30" E., along the existing N. right of way line of County Road, as located December, 1960, a distance of 50.0 feet; 3. Thence N. 0° 51' 30" W., along the existing W. right of way line of S.H. 257, as located December, 1960, a distance of 17.6 feet; 4. Thence N. 3-7-C'-42' W., along the property line, a distance of 29.5 feet; 5. Thence N. 38° 46' 30" E., a distance of 12.0 feet; 6. Thence N. 0° 51' 30" W., a distance of 569.5 feet to the existing southwesterly right of way line of the Dent -Ft. Collins Branch of the Union Pacific Railroad, as located December, 1960; 7. Thence S. 420 57' 30" E., along the existing southwesterly right of way line of the Dent -Ft. Colins Branch of the Union Pacific Railroad, as located December, 1960, a distance of 74.6 feet to the . line of Sec. 3; 8. Theme S. 0° 51' 30" E., along the E. line of Sec. 3, a distance 590.3 feet to the SE corner of the NE1/4 of Sec. 3; 9. Thence N. 88° 21.' 30" W., along the S. line of the NE1/4 of Sec. 3, a distance of 90.1 feet, more or less, to the point of beginning. 3. That portion of land conveyed to Department of Highways by Deed recorded April 11, 1961 in Book 1582 at Page 183, described as follows; A tract or parcel of land No. 17A of Colorado Dept. of Highways' project No. S 0057(2) in the SE1/4NE1/4 of Section 3, Township 4 North, Range 67 West, of the 6th P.M., being more particularly described as follows: Beginning at a point on the existing N. right of way line of County Road, as located December, 1960, from which the SE corner of the NE1/4 of Sec. 3 bears S. 70° 12' 30" E., a distance of 96.2 feet; 1. Thence, N. 38° 46' 30" E., a distance of 50.7 feet to the northeasterly property line; 2. Thence, S. 37° 42' E., along the northesterly property line, a distance of 29.5 feet to the existing W. right of way line of S.H. 257, as located December, 1960; 3. Thence, S. 0° 51' 30" E., along the existing W. right of way line of S.H. 257, as located December_,- 1 2611,_ a_ d; stance- of 17-6- feet; 4. Thence, N. 88° 21' 30" W., along the existing N. right of way line of the County Road, as located December, 1960, a distance of 50.0 feet, more or less to the point of beginning. 4 That portion of the NE1/4 conveyed to Blehm Land and Cattle Co., a Wyoming SKLD, Inc. HT SKL19458 WE 2654769-1998.003 111111111111111111111111111111111111111 III IIIII liii 1111 2684769 11/19/1998 01:24P Weld County CO 4 of 8 R 26.00 D 4°3.00 JR Sukl Tsukameto EXHIBITA CONTINUED Corporation by Deed recorded April 5, 1979 in Book 865 as Reception No. 1786578, being described as follows: All that- part- of the- NE j4- of- SeITtitar 3-, Township- 4- North, Range 67- West of the 6th P.M., Weld County, Colorado, lying Northerly and Easterly of the Right -of -Way of the Union Pacific Railroad Company, EXCEPT those parcels conveyed to Weld County by deed recorded in Book 114 at Page 491 and to the Department of I-tighways by deed recorded in Book 1581 at Page 409. 5. Lots "A" and "B" of Recorded Exemption No. 1059 -03 -1 -RE 889, according to map recorded October 1, 1986 in Book 1130 as Reception No. 2071677, being a portion of the NE1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld_County, Colorado. PARCEL #2 A strip of land 100 feet in width, being 50 feet wide on each side of a center line through the NE1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, said center line being more fully described as follows: Beginning at a point on the North line of the County Road on the south of said NE1/4, 51 feet more or less, west of the West line of the County Road on the east of said NE1/4'; thence North 37 ° 42' West 3238 feet; thence Northwesterly on a 10 30! curve to the Left 347 feet t0 a point on the North line of said- NE1/4, 463 feet east of the northwest corner thereof, a total distance of 3585 feet. SKLD, Inc. HT SKL19458 WE 2654769-1998.004 1111111111111111111111111111111111111111111111111111111 2654769 11/19/1998 01:24P Weld County CO 5 of 5 R 26.00 D 45.00 JR Sukl Tsukamoto EXHIBIT A CONTINUED PARCEL 43 That portion of the SE1/4 of Section 34.- Township- 5 North,_ Range_67 West of the 6th P.M., Weld County, Colorado, lying and being South and West of the Right -of -Way of the Union Pacific Railroad Company, excepting therefrom a parcel of land deeded to The Denver, Laramie and Northwestern Railway Company, a corporation by Deed recorded May 12, 1909.in Book 300 at Page,580, being described as follows: All that part or parcel of land situated in the SE1/4 of Section 34, lying southwesterly of the southwesterly boundary line of the Union Pacific Railroad Company's right of way and Northeasterly of a line drawn 50 feet southwesterly of and parallel to the center line of the Denver, Laramie and Northwestern Railway as now located, surveyed and staked out over and across said SE1/4, said center line being more fully described as follows: Beginning at a point on -the -South line of said SE1/4, 907 feet eastofthe Southwest corner thereof; thence in a Northwesterly direction on a 1° 30" curve to the left 986.3 feet; thence North 57O 42" West 166.2 feet to a point on the west line of said SE1/4, 708 feet North of the Southwest corner thereof, a total distance of 1152.5 feet, SKLD, Inc. HT SKL19458 WE 2654769-1998.005 4762736 Pages: 1 of 4 10/04/2021 11:54 RM R Fee:$28.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO kirOlYf P'IM.'.F0AMY! 1 liviM Ill III QUIT CLAIM DEED This DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor: LOVELAND READY -MIX CONCRETE, INC., A COLORADO CORPORATION Grantee: LOVELAND READY -MIX CONCRETE, INC., A COLORADO CORPORATION P.O. Box 299, Loveland, Colorado 80539 Property Description: PARCEL #1 The NE % of Section 3, Township 4 North, Range 67 West of the 6t" P.M., Weld County, Colorado, except the following described parcels: 1. A strip of land conveyed to the Union Pacific Railroad Company by Deed recorded September 25, 1908 in Book 287 at Page 74, being more particularly described as follows: A strip, piece or parcel of land 200 feet in width, being 100 feet in width on each side of the center line of the main track of Union Pacific Railroad (known as the Denver to Fort Collins line) as the same has been surveyed, located and staked out through, upon, over and across the NE 1/4 of Section 3 Township 4 North, Range 67 West of the 6th P.M. 2. That portion of land conveyed to The Department of Highways, State of Colorado by Deed recorded April 4, 1961 in Book 1581 at Page 409, described as follows: A tract of parcel of land, No. 16 Project No. S 0057 (2) in the E1/2 NE1/4 of Section 3, Township 4 North, Range 67 West of the 6t" P.M., more particularly described as follows: Beginning at a point on the property line from which the NE corner of Section 3 bears N. 26° 13' E., a distance of 175.7 feet; 1. Thence S. 68° 07' 30" E., along the property line, a distance of 86.7 feet to the E. line of Sec. 3; 2. Thence S. 0° 51' 30" E., along the E. line of Sec. 3, a distance of 1,749.6 feet; 3. Thence N. 42° 57' 30" W., along the existing northeasterly right of way line of the Deny -FT. Collins Branch of the Union Pacific Railroad, as located Dec., 1960, a distance of 74.6 feet, to the existing W. right of way line of the S.H. 257, as located December, 1960; 4. Thence N. 2° 08' W., along the existing W. right of way line of S.H. 257, as located December 1960, a distance of 134.6 feet; SKLD, Inc. HT SKL19458 WE 4762736-2021.001 4762736 Pages: 2 of 4 10/04/2021 11:54 AM R Fee:$28.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 RIPJF1rAvl h'llA Ire hil IE% lie I.I'lIW 1111 5. Thence N. 0° 51' 30" W., along the existing W. right of way line of S.H. 257, as located December, 1960, a distance of 833.0 feet; 6. Thence N. 03° 26' W., a distance of 600.6 feet; 7. Thence N. 0° 51' 30" W., a distance of 160.2 feet, more or less, to the point of beginning. ALSO A tract or parcel of land No. 17 of Colorado Department of Highways Project No. S 0057 (2) in the SE1/4NE1/4 of Section 3, being more particularly described as follows: Beginning at the point on the S. line of the NE 1/4 of the Section 3, Township 4 North, Range 67 West, from the SE corner of the NE % of Sec. 3 bears S. 88° 21' 30" E., a distance of 90.1 feet; 1. Thence N. 0° 51' 30" W., a distance of 30.0 feet to the existing N. right of way line of the County Road, as located December, 1960; 2. Thence S. 88° 21' 30" E., along the existing N. right of way line of County Road, as located December, 1960, a distance of 50.0 feet; 3. Thence N. 0° 51' 30" W., along the existing W. right of way line of S.H. 257, as located December, 1960, a distance of 17.6 feet; 4. Thence N. 37° 42' W., along the property line, a distance of 29.5 feet; 5. Thence N. 38° 46' 30" E., a distance of 12.0 feet; 6. Thence N. 0° 51' 30" W., a distance of 568.5 feet to the existing southwesterly right of way line of the Dent -Ft. Collins Branch of the Union Pacific Railroad, as located December, 1960; 7. Thence S. 42° 57' 30" E., along the existing southwesterly right of way line of the Dent -Ft. Colins Branch of the Union Pacific Railroad, as located December 1960, a distance of 74.6 feet to the E. line of Sec. 3; 8. Thence S. 0° 51' 30" E., along with the E. line of Sec. 3, a distance 590.3 feet to the SE corner of the NE 1/4 of the Sec. 3; 9. Thence N. 88° 21' 30" W., along with the S. line of the NE' of the Sec. 3, a distance of 90.1 feet, more or less, to the point of beginning. 3. That portion of land conveyed to the Department of Highways by Deed recorded April 11, 1961 in Book 1582 at Page 183, described as follows: A tract or parcel of land No. 17A of Colorado Dept.. of Highways' project No. S 0057 (2) in the SE1/4NE1/4 of Section 3, Township 4 North, Range 67 West, of the 6th P.M., being more particularly described as follows: Beginning at a point on the existing N. right of way line of County Road, as located December, 1960, from which the SE corner of the NE %4 of Sec. 3 bears S. 70° 12' 30" E., a distance of 96.2 feet; 1. Thence, N. 38° 46' 30" E., a distance of 50.7 feet to the northeasterly property line; 2. Thence, S. 37° 42' E., along the northeasterly property line, a distance of 29.5 feet to the existing W. right of way line of S.H. 257, as located December, 1960; 3. Thence, S. 0° 51' 30" E., along the existing W. right of way line of S.H. 257, as located December, 1960, a distance of 17.6 feet; 4. Thence, N. 88° 21' 30" W., along the existing N. right of way line of the County Road, as located December, 1960, a distance of 50.0 feet, more or less to the point of SKLD, Inc. HT SKL19458 WE 4762736-2021.002 4762736 Pages: 3 of 4 10/04/2021 11:54 AM R Fee:$28,00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIIIPrAilklil1aiNKi�lih�W!killi"II 1111 beginning. 4. The portion of the NE %4 conveyed to Blehm Land and Cattle Co., a Wyoming Corporation by Deed recorded April 5, 1979 in Book 865 as Reception No. 1786578, being described as follows: All that part of the NE Vi of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, lying Northerly and Easterly of the Right -of -Way of the Union Pacific Railroad Company, EXCEPT those parcels conveyed to Weld County by deed recorded in Book 114 at Page 491 and to the Department of Highways by deed recorded in Book 1581 at Page 409. 5. Lot "A" of Recorded Exemption No. 1059 -03 -1 -RE 889, according to map recorded October 1, 1986 in Book 1130 as Reception No. 2071677, being a portion of the NE %4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, and Lot "B" of Amended Recorded Exemption No. 1059 -03 -1 -RE 889, according to Deed recorded June 21, 2001 as Reception No. 2859250, being a portion of the NE' of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. Lot B is described as follows: Considering the Southerly line of the Northeast Quarter of said Section 3, as bearing N 88°2130'W and with all bearings contained herein relative thereto: From the Center Quarter corner of said Section 3; THENCE S 88°21'30"E along the Southerly line of said Northeast Quarter, 283.00 feet to the Southeasterly corner of Lot A of Recorded Exemption No. 1059-03-1-RE889, recorded in Book 1130 as Reception No. 2071677 of the Weld County Records and the POINT OF BEGINNING; THENCE N 00°51'30'W along the Easterly line of said Lot A, 205.01 feet to the Northeasterly corner of said Lot A; THENCE N 88°21'30"W along the Northerly line of said Lot A, 136.00 feet to an angle point in said Lot A; THENCE N 00°51'30"W along the Easterly line of said Lot A, 90.00 feet to the Northeasterly line of said Lot A; THENCE N 88°21'30"W along the Northerly line of said Lot A, 148.04 feet to a point on the Westerly line of the Northeast Quarter of said Section 3; THENCE N 01°03'33'W along said Westerly line, 313.36 feet; THENCE leaving said Westerly line S 88°21'30"E, 749.14 feet; THENCE S 05°04'30"W, 608.84 feet to a point on the Southerly line of the Northeast Quarter of said Section 3: THENCE N 88°21'30'W along said Southerly line, 401.01 feet to the POINT OF BEGINNING. Said tract of land containing 8.360 Acres, more or less. PARCEL #2 A strip of land 100 feet in width, being 50 feet wide on each side of a centerline through the NE 1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, said center line being more fully described as follows: Beginning at a point on the North line of the County Road on the south of said NE % 51 feet more or less, west of the West line of the County Road on the east of said NE 1/4 ; thence North 37° 42' West 3238 feet; thence Northwesterly on a 1° 30' curve to the left 347 feet to a point on the North line of said NE 1/4, 463 feet east of the northwest corner thereof, a total distance of 3585 feet. SKLD, Inc. HT SKL19458 WE 4762736-2021.003 4762736 Pages: 4 of 4 10/04/2021 11:54 AM R Fee:$28.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co VIII 1NrAIMNnli4 Irfi4M P' 0C'KY I Yk EH PARCEL #3 That portion of the SE 14 of Section 34, Township 5 North, Range 67 West of the 6'h P.M., Weld County, Colorado, lying and being South and West of the Right -of -Way of the Union Pacific Railroad Company, excepting therefrom a parcel of land deeded to The Denver, Laramie and Northwestern Railway Company, a corporation by Deed recorded May 12, 1909 in Book 300 at Page 580, being described as follows: All that part of parcel of land situated in the SE % of Section 34, lying southwesterly of the southwesterly boundary line of the Union Pacific Railroad Company's right of way and Northeasterly of a line drawn 50 feet southwesterly of and parallel to the center line of the Denver, Laramie and Northwestern Railway as now located, surveyed and staked out over and across said SE 1/4 said center line being more fully described as follows: Beginning at a point on the South line of said SE 1/4, 907 feet east of the Southwest corner thereof; thence in a Northwesterly direction on a 1° 30" curve to the left 986.3 feet; thence North 57° 42" West 1662 feet to a point on the west line of said SE 1/4, 708 feet North of the Southwest corner thereof, a total distance of 1152.5 feet, Property address: VACANT Executed by the GRANTOR on September 23, 2021 LOVELAND READY -MIX .NCRETE INC. A COLORADO CORP. Narye'ef-fiantor, Cor Grantor's Name STATE OF COLORADO COUNTY OF LARIMER or Association Gr ee's Signature p rantee's Name rC The fore oing i sn trument was acknowledged before me this day of , 20 21, by BRAD FR1..1 C-14..)12--- as R� in* of Loveland Ready -Mix Concrete, Inc. WITNESS my hand and official seal JOAN E HORST Notary Public State of Colorado Notary ID N 19944018987 M Commission Ex.ires 11-21-2022 Notatw Public My Commission Expires: 1\)01t • ,22-- SKLD, Inc. HT SKL19458 WE 4762736-2021.004 LEGAL DESCRIPTION: PARCEL #1 The NE1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, except the following described parcels: A strip of land conveyed to Union Pacific Railroad Company by Deed recorded September 25, 1908 in Book 287 at Page 74, being more particularly described as follows: A strip, piece or parcel of land 200 feet in width, being 100 feet in width on each side of the center line of the main track of Union Pacific Railroad (known as the Denver to Fort Collins line) as the same has been surveyed, located and staked out through, upon, over and across the NE1/4 of Section 3 Township 4 North, Range 67 West of the 6th P.M. That portion of land conveyed to The Department of Highways, State of Colorado by Deed recorded April 4, 1961 in Book 1581 at Page 409, described as follows: A tract or parcel of land, No. 16 Project No. S 0057 (2) in the E1/2NE1/4 of Section 3, Township 4 North, Range 67 West, of the 6th P.M., more particularly described as follows: Beginning at a point on the property line from which the NE corner of Section 3 bears N. 26° 13' E., a distance of 175.7 feet; 1. 2. 3. 4. 5. 6. 7. ALSO Thence S. 68° 07' 30" E., along the property line, a distance of 86.7 feet to the E. line of Sec. 3; Thence S. 0° 51' 30" E., along the E. line of Sec. 3, a distance of 1,749.6 feet; Thence N. 42° 57' 30" W., along the existing northeasterly right of way line of the Dent -FT. Collins Branch of the Union Pacific Railroad, as located Dec., 1960, a distance of 74.6 feet, to the existing W. right of way line of the S.H. 257, as located December, 1960; Thence N 2° 8' W., along the existing W. right of way line of S.H. 257,as located December 1960, a distance of 134.6 feet; Thence N 0° 51' 30"W., along the existing W. right of way line of S.H. 257, as located December, 1960, a distance of 833.0 feet; Thence N 03° 26' W., a distance of 600.6 feet; Thence N 0° 51' 30"W., a distance of 160.2 feet, more or less, to the- point of beginning-. A tract or parcel of land No. 17 of Colorado Department of Highways Project No. S 0057 (2) in the SE1/4NE1/4 of Section 3, being more particularly described as follows: Beginning at a point on the S. line of the NE1/4 of Section 3, Township 4 North, Range--67-West-, from which the SE corner of the NE1/4 of Sec. 3 bears S. 88° 21' 30" E., a 1. Thence N. 0° 51' 30" w., a distance of 30.0 feet to the existing N. right of way line of the County Road, as located December, 1960; 2. Thence S. 88° 21' 30" E., along the existing N. right of way line of County Road, as located December, 1960, a distance of 50.0 feet ; 3. Thence N. 0° 51' 30" W., along the existing W. right of way line of S.H. 257, as located December, 1960, a distance of 17.6 feet; 4. Thence N. 37° 42' W., along the property line, a distance of 29.5 feet ; 5. Thence N. 38° 46' 30" E., a distance of 12.0 feet; 6. Thence N. 0° 51' 30" W., a distance of 568.5 feet to the existing southwesterly right of way line of the Dent -Ft. Collins Branch of the Union Pacific Railroad, as located 7. Thence S. 42° 57' 30" E., along the existing southwesterly right of way line of the Dent- Ft. Collins Branch of the Union Pacific Railroad, as located December, 1960, a 8. Thence S. 0° 51' 30" E., along the E. line of Sec. 3, a distance 590.3 feet to the SE corner of the NE1/4 of Sec. 3; 9. Thence N. 88° 21' 30" W., along the S. line of the NE1/4 of Sec. 3, a distance of 90.1 feet, more or less, to the point of beginning. 3. That portion of land conveyed to Department of Highways by Deed recorded April 11, 1961 in Book 1582 at Page 183, described as follows: distance of 90.1 feet; December, 1960; distance of 74.6 feet to the E. line of Sec. 3; A tract or parcel of land No. 17A of Colorado Dept, of Highways' project No. S 0057(2) in the SE1/4NE1/4 of Section 3, Township 4 North, Range 67 West, of the 6th P.M., being more particularly described as follows: Beginning at a point on the existing N. right of way line of County Road, as located December, 1960, from which the SE corner of the NE1/4 of Sec. 3 bears S. 70° 12' 30" E., a distance of 96.2 feet; Thence, N. 38° 46' 30" E., a distance of 50.7 feet to the northeasterly property line; Thence, S. 37° 42' E., along the northeasterly property line, a distance of 29.5 feet to the existing W. right of way line of S.H. 257, as located December, 1960; Thence S. 0° 51' 30" E., along the existing W. right of way line of S.H.257,. as. located December 1960, distance of 17.6 feet; Thence N. 88° 21' 30" W., along the existing N. right of way line of the County Road, as located December, 1960, a distance of 50.0 feet, more or less to the point of beginning. 4. That portion of the NE1/4 conveyed to Blehm Land and Cattle Co., a Wyoming Corporation by Deed recorded April 5, 1979 in Book 865 as Reception No. 1786578, being described as follows: All that part of the NE1/4 of Section 3, Township 4 North, Range West of the 6th P.M., Weld County, Colorado, lying Northerly and Easterly of the Right -of -Way of the Union Pacific Railroad Company, EXCEPT those parcels conveyed to Weld County by deed recorded in Book 114 at Page 491 and to the Department of highways by deed recorded in Book 1581 at Page 409. 5. Lots "A" and "B" of Recorded Exemption No. 1059 -03 -1 -RE 889, according to map recorded October 1, 1986 in Book 1130 as Reception No. 2071677, being a portion of the NE1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado and Lot B of Amended Recorded Exemption No. 1059-03-1-AMRE 889 recorded June 8, 2001 at Reception No. 2855618. PARCEL #2 A strip of land 100 feet in width, being 50 feet wide on each side of a center line through the NE1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, said center line being more fully described as follows: Beginning at a point on the North line of the County Road on the south of said NE1/4, 51 feet more or less, west of the West line of the County Road on the east of said NE1/4; thence North 37° 42' West 3238 feet; thence Northwesterly on a 1° 30' curve to the left 347 feet to a point on the North line of said NE1/4, 463 feet east of the northwest corner thereof, a total distance of 3585 feet. PARCEL #3: That portion of the SE1/4 of Section 34, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado, lying and being South and West of the Right -of -Way of the Union Pacific Railroad Company, excepting therefrom a parcel of land deeded to The Denver, Laramie and Northwestern Railway Company, a corporation by Deed recorded May 12, 1909 in Book 300 at Page 580, being described as follows: All that part or parcel of land situated in the SE IA of Section 34, lying southwesterly of the southwesterly boundary line of the Union Pacific Railroad Company's right of way and Northeasterly of a line drawn 50 feet southwesterly of and parallel to the center line of the Denver, Laramie and Northwestern Railway as now located, surveyed and staked out over and across said SE1/4, said center line being more fully described as follows: Beginning at a point on the South line of said SE1/4, 907 feet east of the Southwest corner thereof, thence in a Northwesterly direction on a 1° 30" curve to the left 986.3 feet; thence North 57° 42" West 166.2 feet to a point on the west line of said SE1/4, 708 feet North of the Southwest corner thereof, a total distance of 1152.5 feet. TITLE COMMITMENT NOTES: PLS Corporation relied upon title commitment number: H0634166-820-GRO-LVV, Commonwealth Land Title Insurance Company, Effective Date: "March 3, 2021 at 6:00 PM A.M." (exactly per commitment). SCHEDULE B-1: PLS Corporation did not address or research these items. SCHEDULE B- Section 2 Exceptions: Items 1-6: PLS Corporation did not address or research these items. 7. Right of Way and rights incidental thereto for County Roads 30 feet on either side of Section and Township lines as established by the Board of County Commissioners for Weld County, as set forth in a document: Recording Date: Recording No: APPLIES, SHOWN HEREON October 14, 1889 Book 86 at Page 273. 8. Right of way, whether in fee or easement only, as set forth below: Purpose: Lateral ditch Recording Date: December 2, 1899 Recording No.: Book 130 at Page 298. UNABLE TO DETERMINE IF APPLIES, NO APPARENT DITCH ONSITE 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: APPLIES, SHOWN HEREON The Mountain States Telephone and Telegraph Company Communication and other facilities June 1,1972 1590666. 10. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: May 7, 1979 Recording No: 1789635. APPLIES, ENCOMPASSES ENTIRE PROPERTY, UNABLE TO PLOT 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: APPLIES, SHOWN HEREON BASED ON PRESENT PIPE LOCATION Panhandle Eastern Pipe Line Company Pipeline October 15, 1985 2028528. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Panhandle Eastern Pipe Line Company Purpose: Pipeline Recording Date: October 15, 1985 Recording No: 2028529. APPLIES, SHOWN HEREON BASED ON PRESENT PIPE LOCATION 13. Petition for the Addition of Lands into the West Greeley Soil Conservation District by Consent of the Board of Supervisors recorded March 17, 1998 at Reception No. 2600363. APPLIES, ENCOMPASSES ENTIRE PROPERTY 14. Reservations contained in Deed from County recorded October 1, 1947 in Book 1212 at Page 331. Affects: Parcel 2 APPLIES, ENCOMPASSES ENTIRE PARCEL 2, UNABLE TO PLOT 15. Reservations contained in the Patent From: Recording Date: Recording No: The United States of America March 24, 1897 Book 51 at Page 340 Which among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law; and the reservation from the lands hereby granted of a right of way thereon for ditches or canals constructed by the authority of the United States. Affects: Parcel 3 APPLIES, ENCOMPASSES ENTIRE PARCEL 3, UNABLE TO PLOT 16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Panhandle Eastern Pipe Line Company Pipe line May 15, 1974 1636529. Parcel 3 APPLIES, ENCOMPASSES ENTIRE PARCEL 3, UNABLE TO PLOT 17. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: February 13, 1995 Recording No: 2426398. Affects: Parcel 3 APPLIES, ENCOMPASSES ENTIRE PARCEL 3, UNABLE TO PLOT 18. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: February 13, 1995 Recording No: 2426399. Affects: Parcel 3 APPLIES, ENCOMPASSES ENTIRE PARCEL 3, UNABLE TO PLOT 19. ALTA/ACSM Land Title Survey recorded October 8, 1998 at Reception No. 2645587. APPLIES, SHOWN HEREON 20. Undivided full interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Recording Date: Recording No.: APPLIES, ENCOMPASSES ENTIRE PARCEL, UNABLE TO PLOT Dennis G. Dunn and Delores J. Dunn November 19, 1998 2654769. 21. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: APPLIES, SHOWN HEREON the Town of Milliken Above ground and underground utilities September 2, 1999 2718243. TABLE A ITEMS: 1. Monuments placed or found at all major corners of the boundary: as shown hereon. 2. Address of the surveyed property: WCR-48.5, SH-257, Milliken, CO 3. Flood zone classification: AE 4. Gross land area: 114.253 acres, more or less. 7. (a) Exterior dimensions of all buildings at ground level: shown hereon. 8. Substantial features observed in the process of conducting the fieldwork: shown hereon. 11. Utility locates based on maps, surface evidence and location company markings. 13. Names of adjoining owners: shown hereon NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. P:\Project\2021\21011\dwg\21011.dwg May 07, 2021 - 3:55pm SURVEYORS NOTES: 1. Only the improvements shown hereon were located this date. 2. No offsite improvements, other than those shown, were located this date. 3. Distances shown are in U.S. Survey Feet. 4. Bearings are based on south line of the Northeast 1/4 Section 3 as bearing S 89°02'10" E, an assumed meridian, monumented as shown hereon 5. PLS did not perform a title search on this property. 6. Apparent wetland locations are based on field observations and require professional verification. CLIENT Loveland Ready Mix TITLE ALTA/ NSPS Land Title Survey Dunn Site, WCR 48.5 / SH-257; Sect 3-T4N; Sect 34-T5N; R67W Section 3, Township 4 North & Section 34, Township 5 North, all in Range 67 West, 6th P .M., Weld County, CO Date By Date By Date By REVISIONS Description Description Description PLS Corporation 6843 North Franklin Avenue, Loveland, Colorado 80538 Phone: 970.669.2100 - Info@plscorporation.com Field Date March 25, 2021 ST ADS Party Chief BAB PM MBS Print Date May 07, 2021 PLS MBS PROJECT NO. 21011.001 SHEET NO. NO. OF SHEETS 1 2 1902.65' NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. P:\Projectk202l\21011kdwg\21011.dwg April 16, 2021 - 6:53pm CLIENT Legend: n found 0.75" iron rod w/ aluminum cap stamped as shown found 0.5" iron rod w/ 1" plastic cap stamped as shown T o set 0.5" iron rod w/ 1" plastic cap stamped LS 32444 0 Co ® gas meter © electric meter N ❑Q electric box Ln If telephone riser N T© telephone manhole C power pole O ® bollard Loveland Ready Mix Concrete ohw TITLE no water valve a sanitary manhole fence line overhead wire P445.5 N" W 2, Page 183 ROW 5"E To Commonwealth Land Title Insurance Company, Loveland Ready Mix Concrete, Inc., a Colorado corporation: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSP5, and includes Items 1, 2, 3, 4, 5, 7a, 8, 11, 13 of Table A thereof. The fieldwork was completed on 3/25/2021. Date of Plat or Map: 3/28/2021 (Surveyor's signature, printed name and seal with Registration/License Number) NSPS - ALTA Survey WCR-48.5, Dunn Site, Sect 3-T4N_R67W. +-99 ac Section 3, Township 4 North, Range 67 West, 6th P .M., Lorimer County, CO Date Date Date By By By REVISIONS Description Description Description PLS Corporation 6843 North Franklin Avenue, Loveland, Colorado 80538 Phone: 970.669.2100 - Info@plscorporation.com IField Date 3/25/2021 ST Party Chief Print Date me PM April 16, 2021 PLS ADS MBS MBS PROJECT NO. 21011.001 SHEET NO. I NO. OF SHEET5 2 1 2 Hello