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Home My WebLink About20252608.tiffPIT( Heritage Title Company Date: File No.: Buyer(s)/Borrower(s): Property: Assessor Parcel No.: 7251 W 20th St Building L, #100 Greeley, CO 80634 Phone: 970-330-4522 / Fax: 866-828-0844 August 1, 2023 459-HS0822126-416 Korwell Land Holdings, LLC, a Colorado limited liability company 19350 County Road 35, Greeley, CO 80631 105725000016 and R4420986 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. To: Witwer, Oldenburg, Barry & Groom, LLP 822 7th St. Ste. 760 Greeley, CO 80631 Attn: Patrick Groom Phone: 970-352-3161 Fax: 970-352-3165 Email: pgroom@wobjlaw.com END OF TRANSMITTAL Title Transmittal Printed: 08.01.23 @ 02:28 PM by V COD1101.doc/ Updated: 06.26.23 Page 1 CO -C W-FFAH-01610.114165-H S 0822126 CLTA CHAIN OF TITLE GUARANTEE Guarantee Number: Issued By: re) COMMOnwealthTM LAND TITLE INSURANCE COMPANY HS0822126 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, COMMONWEALTH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Heritage Title Company - NoCo Region 7251 W 20th St Building L, #100 Greeley, CO 80634 Countersigned By: /144.7 Terry N. Williams Authorized Officer or Agent NNpTITLf/ vS.9 /$' z' SEAL ' 8 �o3 N? NfBRA5�P Commonwealth Land Title Insurance Company By: Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary CLTA Chain of Title (06/06/1992) Printed: 08.01.23 @ 02:28 PM Page 2 CO-CW-FFAH-01610.114165-SPS-0-23-HS0822126 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). Anti -Fraud Claim Statement Printed: 08.01.23 @ 02:28 PM Page 3 CO-CW-FFAH-01610.114165-SPS-0-23-HS0822126 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0822126 ISSUING OFFICE: Heritage Title Company - NoCo Region 7251 W 20th St Building L, #100 Greeley, CO 80634 Main Phone: 970-330-4522 SCHEDULE A Liability Fee Title Officer $195.00 $195.00 Lynn Vance 1. Name of Assured: Witwer, Oldenburg, Barry & Groom, LLP 2. Date of Guarantee: July 26, 2023 at 12:00 AM 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 Korwell Land Holdings, LLC, a Colorado limited liability company pursuant to a Special Warranty Deed recorded September 17, 2021 at Reception No. 4757080 in and to the land described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Only the following deeds and subdivision exemption map appear in such records subsequent to March 1, 1967: Reception No. 1500729 Reception No. 1512631 Reception No. 1512632 Reception No.l 1565534 Reception No. 1585783 Reception No. 1634074 Reception No. 1658070 Reception No. 2315232 Reception No. 2696022 Reception No. 3871999 Reception No. 3901850 Reception No. 4757080 This Guarantee does not cover: 1. Taxes, assessments, and matters related thereto. END OF SCHEDULE A CLTA Chain of Title (06/06/1992) Printed: 08.01.23 @ 02:28 PM Page 4 CO-CW-FFAH-01610.114165-SPS-0-23-HS0822126 EXHIBIT "A" Legal Description The Southwest Quarter of Section 25, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. CLTA Chain of Title (06/06/1992) Printed: 08.01.23 @ 02:28 PM Page 5 CO-CW-FFAH-01610.114165-SPS-0-23-HS0822126 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0822126 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 invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. 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. 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 estate or interest as stated herein, or to establish the lien rights of 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. CLTA Chain of Title (06/06/1992) Printed: 08.01.23 @ 02:28 PM Page 6 CO-CW-FFAH-01610.114165-SPS-0-23-HS0822126 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0822126 (continued) 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 prejudiced 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. 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 of 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 any 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. CLTA Chain of Title (06/06/1992) Printed: 08.01.23 @ 02:28 PM Page 7 CO-CW-FFAH-01610.114165-SPS-0-23-HS0822126 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0822126 (continued) 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 Assured 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 fully 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 Land Title 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 or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is One Million And No/100 Dollars ($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 One Million And No/100 Dollars ($1,000,000) shall be arbitrated 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 only if the laws of the state in which the land is located permits a court to award 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 P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Administration END OF CONDITIONS AND STIPULATIONS CLTA Chain of Title (06/06/1992) Printed: 08.01.23 @ 02:28 PM Page 8 CO-CW-FFAH-01610.114165-SPS-0-23-HS0822126 4757083 09/17/2021 11:25 AM Total Pages: 7 Rec Fee: $43.00 Carly Koppes - Clerk and Recorder, Weld County , CO n9 L ) ( `rC-� FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time $2,617,500.00 except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated September 9, 2021, among Korwell Land Holdings, LLC, A Colorado Limited Liability Company ("Grantor"); First National Bank, whose address is First Advantage - Greeley, 1801 59th Avenue, Greeley, CO 80634 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of Weld County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Weld County, State of Colorado: The Southwest Quarter of Section 25, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado The Real Property or its address is commonly known as 19350 County Road 35, LaSalle, CO 80645. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and Interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of art Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and ail claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. 4757083 09/17/2021 11:25 AM Page 2 of 7 DEED OF TRUST (Continued) Page 2 Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shell not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three 131 years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor Is a corporation, partnership or limited liability company, transfer also includes any restructuring of the legal entity (whether by merger, division or otherwise) or any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims far work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (1 5) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds 500.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance In form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain flood insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, end to maintain such insurance for the term of the loan. Flood insurance may be purchased under the National Flood Insurance Program, from private insurers providing "private flood insurance" as defined by applicable federal flood insurance statutes and regulations, or from another flood insurance provider that is both acceptable to Lender in its sole discretion and permitted by applicable federal flood insurance statutes and regulations. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds 500.00. Lender may make proof of loss if Grantor fails to do so within fifteen (151 days of the casualty. Whether or not Lender's security is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. 4757083 09/17/2021 11:25 AM Page 3 of 7 DEED OF TRUST (Continued) Page 3 Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; 12) the risks insured; (3) the amount of the policy; 14) the property insured, the then current replacement value of such property, and the manner of determining that value; and (51 the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or 12) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon the occurrence of any Event of Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, provided, however, to the extent any such Reel Property description, title insurance policy, title report or final title opinion includes any reference to or any document referencing "statutory exceptions", Grantor shall nonetheless warrant and forever defend the title to the Property against all such statutory exceptions, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution end delivery of this Deed of Trust, shall be continuing in nature, end shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender In writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes. Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (21 a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (31 a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise arty or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have ell of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. 4757083 09/17/2021 11:25 AM Page 4 of 7 DEED OF TRUST (Continued) Page 4 FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, ref lied, or rerecorded. as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Fact. if Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust, Trustee may, upon production of documents and fees as required under applicable law, release this Deed of Trust, and such release shall constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralizatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that Is not remedied within any grace period provided therein, Including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment, is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. Lender shall have the right to cause all or any part of the Real Property, and Personal Property, if Lender decides to proceed against it as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of the sale, including but not limited to Trustee's fees, attorneys' fees, and the cost of title evidence; (b) to all sums secured by this Dead of Trust; and (c) the excess, 4757083 09/17/2021 11:25 AM Page 5of7 DEED OF TRUST (Continued) Page 5 if any, to the person or persons legally entitled to the excess. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code, Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance. if Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental, for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Sale of the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it files a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Upon any sale of the Property, whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings, if the holder of the Note is a purchaser at such sale, it shall be entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase price of the Property purchased, and, in such case, this Deed of Trust, the Note, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fees; Expenses, If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a pert of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law, Trustee shall have all of the rights and duties of Lender as set forth in this section. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Ali copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. WAIVER OF TRIAL BY JURY AND DAMAGE LIMITATIONS. EACH BORROWER AGREES AS FOLLOWS:. (a) To the maximum extent allowed by law, each of the undersigned hereby knowingly, voluntarily and intentionally waives any right to a trial by jury in any litigation directly or indirectly arising out of, under or in connection with (i) the loan evidenced hereby (ii) the Note and all other loan documents executed in connection herewith; and (ill any requests or offers for additional credit relating to the loan evidenced hereby. (b) In any litigation described above in (a) above, to the maximum extent allowed by law, each of the undersigned hereby knowingly, voluntarily and intentionally waives any right it may have to claim or recover any special, exemplary, punitive or consequential damages, or any damages other than, or in addition to, actual damages. (c) These waivers apply to any actions, claims or rights of each Borrower against the Lender, its officers, employees, agents, affiliated and parent companies and/or assigns. EXTRACTED COLLATERAL. Top soil - "as -extracted collateral" on the property located at 19350 County Road 35 LaSalle, CO 80645. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding end agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the Interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions. This Deed of Trust has been 4757083 09/17/2021 11:25 AM Page 6 of 7 DEED OF TRUST (Continued) Page 6 accepted by Lender in the State of Colorado. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Weld County, State of Colorado. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means First National Bank, and its successors and assigns. Borrower. The word "Borrower" means Korwell Land Holdings, LLC and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and inoiudes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. - ' • Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the' Existing Liens provision of this Deed of Trust, Grantor. The word "Grantor" means Korwell Land Holdings, LLC. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust. Lender. The word "Lender" means First National Bank, its successors and assigns. Note. The word "Note" means the promissory note dated September 9, 2021, in the original principal amount of $2,617,500.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. However, should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Personal Property is limited to only those items specifically covered' (currently or hereafter) by Coverage A of the standard flood insurance policy issued in accordance with the National Flood Insurance Program or under 4757083 09/17/2021 11:25 AM Page 7 of 7 DEED OF TRUST (Continued) Page 7 equivalent coverage similarly issued by a private insurer to satisfy the National Flood Insurance Act (as amended). Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: KORWELL LAND HOLDINGS, LLC By:. abort h ck, ger of Korwell Land William . rby, Manager of Korwell Land Holdings, LLC me / By:: Craig D oldings. LLC ane Rasmuson, Manager of Korwell Land Holdings, LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF C. O C; e `J r )SS COUNTY OF tid I �, 1 This record was acknowledged before me on kW] kV 7 , 20; 1 by Trenton William Korby, Manager of Korwell Land Holdings, LLC; James Robert Chl0k, Manager of Korwell Land Holdings, LLC; and Craig Duane Rasmuson, Manager of Korwell Land Holdings, LLC. KEVIN KEMPEMA NU; ARY PUBLIC STA r COLORADO NOTARYID 20054039543 MY COMMIJJION EXPIRES OCT. 21, 2021 Signature of Notarial Officer Notary Public in and for the State of My commission expires dOle Yed D �a/2/1)0A/ LaserPro, Ver. 21.2.10.008 Copr. FInastra USA Corporation 1997, 2021. All Rights Reserved. - CO E:\CFI\LPL\GOI.FC TR-33142 PR -2 4757080 09/17/2021 11:25 AM Total Pages: 6 Rec Fee: $38.00 Doc Fee: $380.00 Carly Koppes - Clerk and Recorder, Weld County , CO el'° cP AFTER RECORDING RETURN TO: Korwell Land Holdings, LLC 12535 County Road 2 Brighton, Colorado 80603 Attn: Trenton Korby SPECIAL WARRANTY DEED BARTELS FAMILY LLC, a Colorado limited liability company, and BRUCE D. SANDAU ("Grantor"), for the consideration of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, hereby grant, bargain, sell and convey to KORWELL LAND HOLDINGS, LLC, a Colorado limited liability company, whose mailing address is P.O. Box 337282, Greeley, Colorado 80633("Grantee"), that certain real property in the County of Weld, State of Colorado, that is legally described on Schedule I attached hereto (the "Property"), TOGETHER WITH all its hereditaments and appurtenances thereto belonging, or in anywise pertaining (including all water rights appurtenant thereto), and the reversion and reversions, remainder or remainders, rents, issues, and profits thereof; and together with all the estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, and to the above bargained real property, with the hereditaments and appurtenances including water rights, but EXCEPTING AND RESERVING unto Grantor all oil, gas and other minerals in, on, under or which may be produced from the Property; TO HAVE AND TO HOLD the above bargained real property, with the hereditaments and appurtenances, unto Grantee, and Grantee's heirs, successors, and assigns forever, Grantor, for Grantor and Grantor's heirs, successors, and assigns does covenant and agree that Grantor shall WARRANT AND FOREVER DEFEND the above bargained real property, with the hereditaments and appurtenances, in the quiet and peaceable possession of Grantee, and Grantee's successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor, subject to taxes and assessments for the current year not yet due and payable and those exceptions identified on Schedule 2. Signed this GI day of September, 2021. [Signatures and Notaries are on the following page] Special Warranty Deed - Page 1 of 6 4757080 09/17/2021 11:25 AM Page 2 of 6 IN WITNESS WHEREOF, this Special Warranty Deed is executed by Grantor the day and year first above written. GRANTOR: BARTELS FAMILY LLC, a Colorado limited liability company By: _7. �.. STATE OF COLORADO COUNTY OF WELD ) ss. ) The foregoing instrument was acknowledged before me this _ (I day of September, 2021, by Brian J. Bartels, as Manager of Bartels Family LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: STATE OF COLORADO COUNTY OF WELD Notar ) ss. r, : t._ \LI-a l'•l0'€AR''( PUBLIC STATE OCOLORADO NOTARY I1) 10954011852 iy COirv_;'`i L=wi' ""S m'CUST 25:2023 The foregoing instrument was acknowledged before me this by Bruce D. Sandau. WITNESS my hand and official seal. My commission expires: Special Warranty Deed - Page 2 of 6 day of September, 2021, I C; FR (l. KERN t NO AU, i' PUBLIC A}, iv GUM 4757080 09/17/2021 11:25 AM Page 3 of 6 SCHEDULE I (Attached to and forming a part of the Special Warranty Deed) Description of the Real Property The Southwest Quarter of Section 25, Township 4 North, Range 66 West of the 6th P.M, County of Weld, Slate of Colorado, more commonly known as: 19350 County Road 35, LaSalle. Colorado 80645, APN: 105725000016. Special Warranty Deed - Page 3 of G 4757080 09/17/2021 11:25 AM Page 4 of 6 SCHEDULE 2 (Attached to and forming a part of the Special Warranty Deed) Matters to which Title is Subject Permitted Exceptions 1. Rights of Way for Weld County Road 35 and Weld County Road 40. 2, Mineral reservations as set forth in the Patent from the United States of America to the Union Pacific Railway Company recorded September 13, 1883 at Reception No. 11396 as follows: Excluding and excepting from the transfer by these presents "All Mineral Lands" should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception, according to the terms of the Statute, "shall not be construed to include coal and iron land". 3. Right(s) of way, including its terms and conditions, whether in fee or easement only, asgranted in instrument recorded February 15, 1928 at Reception No. 530674. 4. Right(s) of way, including its terms and conditions, whether in fee or easement only, asgranted in instrument recorded March 16, 1949 at Reception No. 1053995, 5. Oil and gas lease between Edgar F. Bartels and James H. Trupp and Robert V. Sandau and Amoco Production Company recorded September 13, 1974 at Reception No. 1644627, and any interests therein or rights thereunder. 6. An undivided one -sixth (1/6) interest in all oil, gas and other mineral rights as reserved in a deed recorded April 14, 1975 at Reception No. 1658070, and any interests therein or rights thereunder. 7. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to Panhandle Eastern Pipe Line Company, as described in instrument recorded December 16, 1977 at Reception No. 1738897. 8. The following Notices concerning underground facilities have been filed with the Weld County Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the Land: (a) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 at Reception No. 2058722. 9. All interest in all oil, gas and other mineral rights as reserved in a deed recorded December 18, 1992 at Reception No. 2315232, and any interests therein or rights thereunder. 10. Terms, agreements, provisions, conditions, obligations and easements as contained in Right - of -Way Agreement as disclosed by Ratification of Right -of -Way Agreement, recorded April 25, 1996 at Reception No. 2487726. 11. All interest in all mineral rights as granted in a deed recorded April 6, 2006 at Reception No. 3377173, and any interests therein or rights thereunder. 12. Request for: Notification of Surface Development recorded October 15, 2007 at Special Warranty Deed - Page 4 of 6 4757080 09/17/2021 11:25 AM Page 5of6 ReceptionNo. 3511023. 13. Request for Notification (Mineral Estate Owner) December 21, 2007 at Reception No.3525268. 14. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded January 22, 2009 at Reception No. 3600797. 15. All interest in all oil, gas and other mineral rights as granted in a deed recorded July 22, 2009 at Reception No. 3637844, and any interests therein or rights thereunder. 16. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded August 27,2012 at Reception No. 3868991. 17. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded September 12, 2012 at Reception No. 3872903. 18. All interest in all oil, gas and other mineral rights as granted in a deed recorded October 4, 2012 at Reception No. 3878438, and any interests therein or rights thereunder. 19. All items as set forth on map of Subdivision Exemption No. 1057-25-03 SUBX12- 0016 recorded January 10, 2013 at Reception No. 3901850. 20. Any and all interest in all oil, gas and other mineral rights as granted in a deed recorded March 26, 2013 at Reception No. 3919947, and any interests therein or rights thereunder. 21. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded July 1,2013 at Reception No. 3944518. 22. Terms, agreements, provisions, conditions, obligations and easements as contained inResolution recorded October 17, 2013 at Reception No. 3971485. 23. All items as shown on map of Use by Special Review USR 12-0065 recorded December 11,2013 at Reception No. 3983565. 24. Right(s) of way, including its terms and conditions, whether in fee or easement only, asgranted to DCP Midstream, LP, as described in instrument recorded April 9, 2014 at Reception No. 4007912. 25. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to DCP Midstream, LP, as described in instrument recorded December 16, 2014 at Reception No. 4069024. 26. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to DCP Operating Company LP, as described in instrument recorded June 18, 2018 at Reception No. 4408030. Special Warranty Deed - Page 5 of 6 4757080 09/17/2021 11:25 AM Page 6 of 6 27. Request for Notification of Application for Development recorded August 2, 2018 at Reception No. 4420477. 28. All items as shown on Improvement Survey Plat by Centerline Surveying LLC, Job No. 21018, dated August 10, 2021. Special Warranty Deed - Page 6 of 6 O rr 0 0 w°a MAR 1 1967 � Recorded �—_ 579 Reception No. .� a01 dL'.l o'clock !<[. AetaV 3COMr;. , Recorder. ats�[IS 31M., Mad.: this first dar of March year of our Lord one thousand nine hundred and sixty-seven between H. J. BIERIG In the of the County of Weld and State of Colorado, of the first part, and H. J. BIERIG, EDGAR F. BARTELS, HENRY TRUPP, EDWIN GEHRING, and of the RAYMOND R. POPE, County of Weld . and State of Colorado, of the second part: WITNESSETH, That the said party of the firs! other valuable considerations and One Hundred part, for and in consideration of the sum of to the said party of the first part in hand paid by the acid part 1eS DOLLARS, hereby confessed and acknowledged, haS granted, bargained, sold and convey, d, and part, the receipt do oeesf is grant, bargain, sell, convey and confirm unto the said part les of the second pa by these presents assigns, forever, all the following described lot Of pared part,theirheirs and Wefd and State of Colorado, to -wit: p of iand,� situate, lying and being in the County of Weld The Southwest Quarter (SW'/) of Section Twenty-five (25), Township Four (4) North, Range Sixty-six (66) West of the Sixth (6th) P.M., Together with all ditches, ditch rights, laterals, water and water rights, including, but not by way of limitation 4 shares of the capital stock of The Platte Valley Irrigation Company; TOGETHER with all and singular the hereditament, and appurtenances thereunto belonging, or in any- wise appertaining, and the reversion and reversions, remainder and remainders. rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part Y of the first part either in taw or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the said part los of the second part, their ;‘ears and assigns forever. And the said part part, for himself, his heirs, executors a.,d administrators, do es y of the afgree to and with the said partpart covenant, grant, bargain and agree les re the second their heirs and assigns, sealing and delivery of these presents he is g that at the time of the er fect, absolute and indefeasible estate of inheritance, in welaw, seintfee simple, and ha d of the premises above conveyed, asof of good, sure, per- fect, to grant, bargain, sell and convey the same in manner and form aforesaid, gand d right, full power e are and lawful and clear from all former and other grants, bargains, sales, liens, taxes, assessments and f cumbranthe cess of whatever kind or nature saver: SUBJECT to the 1967 taxes, due and payable in 1968, and also SUBJECT TO deed of trust recorded February 24, 1967, under Reception No. 1500580, in Book 579, Weld County records, which said taxes and deed of trust the grantees herein assume and agree to pay; and the above premises, in the quiet anal peaceable possession of the said part les of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will tVARkANT AND FOREVER DEFEND, IN WITNESS WHEREOF, The said parry of the first part ha s hereunto set his hand and seal the day and yea, first above written. .. Signed, Sealed and Delivered in the Presence of `J y , J. Biers r,llirl,r,,,�. • F cbt, fjA, = h C Ira se. The foregoing Instrument was acknowledged before lie this o : 1 first., tau? H : u i March , 1 67, by H, J. BIERIG. s a-i o J fUk . - W1 pc try iiki aadd 4iciai Seal. MY••,�tb,Hr '}s�c'pire, . September 5, 1967, WARRANTY DEED- <........._,,_, �J�e"r� n� ..._(SEAL) (SEAL) Notary Public day of SKLD, Inc. HT SKL20519 WE 1500729-1967.001 ®► coma r W®,id ` , oat scut al Catwalk ef'alto f4it wr6 &t.e d .e E17[,rAR F. BARTELS, HENRY 111UPP,"EDWIN GFIEUNG; end RAYMO1415i R. POP ' 6vw ° Oeyy_�� V of Weld , and Eogre eI Cal sd rte parts '� WITNESSETH, I tat the KU pony al Hro l rot teat. far tad de oehearatfon of ►a, --other good and valuable considered -ens and_One Thudded we w; VA the Mt4 PM of @e Gres terra iaa f Shad hp the rasa �aet`iesa of delaac�ai toast. c4(r aT P] 3t 'gathv otoftlahf and acknwte&xd. haft gteoted bruseheo oohi led at mai; a.; to ,s=. T M sew vie , :,cam. memo ere mantra ergo toe cold patti0tt of the seamed pest, ne).t'lain end sat twy+o-r,13 ent.IcHroista drsotbed lot or parcel of lar4 zlfro a big sof Wen la the Coaal of sad Sten of Cohmed.o. it>ava: e3 My undivided one -fifth (1/5) interest in and to; The Southwest Quarter (SW%) of Section Twenty-five (25), Township rote (4) North, Range Sixty-six (66) Westof the Sixth (6th) P.M., Togethei with all ditches, ditch rights, leterele, water and water rights, including, but not by way of limitation 4 shares of the capital stack of The Platte Valley Irrigation Company; TOGETHER with e3 crud aaguor the ketedkrewoote and appertcrenece themeta heleniio . aria es r• wire epperofrla,7, and the maroon and reversions, rook:dm end care lodere, rents, issues sad roans therealt and at, the Mate. risht. tide, Interest, claim and denoted what:mato al the cold petty et the first past ether to taw CO aiI'wt,7, of, in red to the Chew bargained promisee. with the bereel socutr and appartanaotes. TO HAVE AND TO HOLD the sold premises shore bon ttkaed red dwelleed, with apportvonnotr. wee the reed parties of the sacred part, their Mee and auk= farmer. And the old nett y o! the Erse peas, for himself, his heirs, menhirs and rile hsratcte, do OS emen et, ewe, 4or„ eta end tarn e, a:d with the aaed p„a•ti0a ai the mood part, their hates and mere, Out at the thee of the en - of threes presser he is Inn eel ad cf ea wed., atmv3 ten riled, or ci rend; toe, Per. feet, absolute end lndeleaei$fa cetote of irbartterece le few, in fat (dog% had hap pod rte+, fell rower end to=ted aarhraity to prat, herunis, m3 and many the soots In tearer and Teem aforet :Id, red Ora t a iwo, ere face end char from all farmer and ether man, heroics, rater, .a, too -a, aea^meon, and Intemtorenore of m u tk ur ram rower: SUBJECT to the 1967 taxes, duo and payable in 1960, and also -o SUBJECT TO deed of trust recorded February 24, 1967, under Reception No. 1500580, in Book 579, Weld County records, which said taxes end deed of trust the grantees heroin assume and agree to pay; et the -.hew fn a., the quire and ptomaine poeeernee of the mid parties of tier amend pate, their =:? bole ref cremate, twist all and ovary peerre or Porno lmofnily dahnlad or to dale the vbelo or are poet Omen!, the said part y of the first pert shall cad will WARnAIlr AND FOREVER DEFEND. Ill WITNESS WHEREOF, no read part y of the first part has hereunto GO his head oud Pr tool the day and War Soot ewe written. / uy 4 0 Strand, Sated and Delivered is the Pitmen of ( itAL) •lei g _ __(SIIAL) _(SEAL) 4Y CCbei ` an, The hmvroloy inetrsnteot was odmowtad„ned before cur tole _JUL_ L_ .. day al air4 ear Ile ®mbar 79 67 by H. ir_i ' 'vidar iand eti i Seal. Lip OTAT',Zsn. oroptomber 5, 1971. WARRANTY DEED— oat os..—..., <tt SKLD, Inc. HT SKL20519 WE 1512631-1968.001 •v ad Weld , tat Saes al of Os rased sob iNitirlas2111 Tits taw obi potty ad bollst amt. fat awl is esslidiarlai of Os me ,4 --ottiei good and valuable considerations and, One Hundred ---4-t p , yygg se Oa sidi rest' er tie taut tart is Lad Lida B71ha chit yrrty ad en swami t f. mra 1pri yawed, So CO =Patted sad La a greased,amrpaioed. told and b by ettit pastes @S `... aq,_ _ 6W+...1; =it .�— ar.:4 ffi totoo dm Ian Prat' a2 the erootad park nib Wks and art8dttb, O imam- , ell est t;Zotat 3 devttibcd tot m pond el hod, t nno bin ni h k she coca, ad Wdd 0 and Ewa O. Cefaraft to wlc: n undivided one-fourth (1/4) interest in and to: The Southwest Quarter (SW'/%) of Section Twenty-five (25), Township Four (4) North, Range Sixty-six (66) West of the Sixth (6th) P.M., Together with all ditches, ditch rights, laterals, water and water rights, inetudirag, but not by way of Limitation 4 sharps of the capital stock of The Platte Valley Irrigation Company; minim with eg tad ttlegnlor the lemaditraaate and appertmseacm tharteato baloaglad> cob healo wlaa erperrc.+atlnr, had the rename and reratioct. tentais:w and ratmshrdata, rcatt, tam and Mast theeeal: cad as the CTtCN. N,gtt tube inmost, dates end deemed wttntteet ow el the &d party el eto Era ewe elth w la few m equity, of, head to the shove battened premium with the bmetiltmeate cod appmteaaetra. TO STAVE AND TO BOLD the raid grenaSrea gum* br..rar4:ad had w:`•raehcd, with a,`:tYarmeamcea, the said party of the emend port his hdoo eau refit", tams. MS the eaW party of the fiat tars, for himself, his bolus, r -a muses and admirfauatara, de as ew..r= ,stay tallAh arid awe to sad MO the sa.'Q g tot y of toys ommi s_rt. his ktht red ¢cagee, east cd the thee ea Ma co- staas cad ddicary of i2ee:e tsuasa he in emn nixed of the mulattos shove teemed, so of met% ea,w pm, fact. cD date end I.ndefeetitia coma of tubmitatety hr taw. In f= t he, had ha a geed rf3tt tall sottryr sad horded aan=sariity to 6eaa3, bsr5a'e. cell and esa toy the toes to rum= and (tmm sforcald, cod that the mtna are twat and char frees all farresr and ocher t3taafr, bras, rates, Bells„' teem. rw.rr+.aete and 'ca.^aeshe ette of Stever idsd or was moo: SUBJECT to the 1967 taxes, duo and payab3e in 1960, and also SUBJECT TO deed of trust recorded February 24, 1967, under Reception No. 1500500, in Book 579, Weld County records, which said taxes and deed of trust the grantee herein annumnet and Aaron. to ..s... sea tea aim'a pramaee, h the quiet nod pr. seeable reeemaiaa oT the mid party of lb* cwond pacb his heirs and teat5ne, egaiest all sod every person or ®mama lawfully rhtmtaS or to claim the whole or say put taaseot the taid part y gi the ant part abed and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The raid part y el the first part ha 8 hereunto ad his heed gaff anal the day end yaw fiat abort written. S Signed, Sealed end Delivered in the Pretence of ��r �r'•g� 8TA`ragi ,',1,.' -' ;env ere. marmC5tmg B:ctmmeat wee e'hnowledged before me thba ___ 29th -_ des' of 4a� tom'•-, w. -D. -4.o,9 _ m67t7., HENRY TRtyf,PP. , , 'IA} . witurkad trt"a4n ast Off 'aka Ni Zprgfih Plritambor 5, 1971. &,,, S ,ve•Y 4..•�`p `/.....-._...�? ..� Ede z, J . 5 parr pa k � ff �....._..._.--(SESAL) C7 _.. - --(5 etL) erg 0 ___(SAL) SKLD, Inc. HT SKL20519 WE 1512632-1968.001 • P _ I it" PA 162951115' 12th Fird April Onto eeam3asrladaaa dewed ababomatdad seventy -O° tema RAYMOND R. POPE - d Co Coo* e8 Weld , col alOo dt eatbm=261POI wlWITESSUIra. litia edeta ors Y el Os llio got ttoeta feee-o- oace e7Ote peed oat .1a1 ---other good and valuable considerations and One hun re - Coed oda get y deeded ttale:sodf eg@aold deny a1Ow meal gmq.@a mete stood le `m hada sonesseea eat odeadtdoe,, ttO ad aea OMA tibeltk. ON Band �r�e Oa �eoii tom_ flees o d tm awl abet csxs d tor e d An undivided one-fourth (1/4) interest in and to: The Southwest Quarter (SW>;) of Jection Twority-Five (25), in Township Four (!.) North, of Range Sixty-six (66) .;out of the Sixth (6th) P.M., to;ethor with all ditches, ditch rights, laterals, water and water rights, including, but not by way of limitation, 4 shares of the capital stock of The Platte Valley Irrigation Company. ad and slur de tomodeoteree Win Qs esechter lnottlIse. em. hoe god wee deeds ad et t misuse ell deo MN%,gam Ole P mo. dew rah deemed wAmtremessd y :� getedelee ha or see*, et, b sed t4 tee arses toothed prodese irk& qty edtoe ispeetatotes TO HAWS AID TO rap= Ole eedd podded ee ve teostoodand ezendoed, eSD easteemeiso,Dente Oa coda may den mead east his Ida ellmega tom. Ae® �a p gottimself, his a somameas ed �s dla f e➢r�dbm to Mon da oat sea Jr d cad easesa pmhie t� OM Wade esddat emu fees ea Imo made he in mat e3 al en amobamebaa! 6icd *Da a3 bees! a lb e9 imp b to dm dada a=d b a dad dabatatt mad 6 d aPP d ooledo �S L ad ad at m ems Is want toe flea d, tee Mot amd bad cad tam a9 OMNI aid soar mat kabala. a� awn a eist bsadesdbabaasa dead dap aids OdmdatadasammmaSUBJECT to the 1991 taxes, due and payable 972, and SUBJECT to deed of trust recorded February 24, 1967, under Reception No. 150O58u, in Book 579, Weld County Records, which Said taxes and deed of trust the grantee herein assumes and agrees to pay; sell aw steed pastor. 6 etc •a and setweble ssmgel,s dal et add god Y aA Ks send reed, his iieam and dada. maw flit urd ware triams at ;add eddy Wage or to data 10s stab at ad poi ea add sad I *its Bret ease dada era wie WAAUARE AND tee amts. IN warms W50!500, 71» sad/ sea Y d fro that tend buena- .' is tad add std toe derma ear eta ad?ew edam IOW sea Deanne le do Pomace of- ' l'ri�J''• . ' lb -.-1r _ :... d 1tlaLi daleemmp eaa r. sdadgad baba as {pda .2��..' oS Anr11 71 Ha mood R. Pe e '""�-'�—�-'--+-.-.'� , .�, � .-..�' � s COramis;lca ©:pima Sop?ctn LW". SKLD, Inc. HT SKL20519 WE 1565534-1971.001 eP tt:s Czosvd @=_'ed - . tx t3;.. s a Cm,: >:t,, e 3 o v.aKz --€CM P. F "aa , 3 S. MEI. 1-41111.727.L.1 Rd.• P m v-dmag* 3 ^3 t= 7 89 C1ty ran f:, ass etz...v W a s » va -sue later s�z vafwtie coal et,^a erd V. r, m,-- 64 4'• E Y G=3 �'�^ d t' L^ - $c Ca all fa -41 trfzi E E 3 E' y+> S.", rr,IV; 'J • to ^ r prtc,1^,,t1 4' J C^...,_� 9 ® F...... "w G s..r a. K,74,3 i st <,,u.% ret 17 ::3.�'..'o CS . ,^' a= MD 0:4 FT,T1c3 E3 et, *.w:a1 rim, err; MAID oset , Mayon en k.k 3l "^. f&.TIT .a; M y':a;T41 U? tzsd. a ieso,1 t o P. Cl. a cr 0.0Z: " tic r Ct P y er;tlse lute ent In and to: v = a 1113 Couttranot Q.a ste, (36%) cf Cooe!ca x:.°cw -rIva OS). , Towrlserin•F©as (A) e?e72h. 1' :;,o w ty-ate (e,G) West of tin • 6ra:tla (Fth) P.M.; Telether rdth all di1etae, ditch rights, lotmele. rna„- and :rater z ghe3 a,tc:l;c;:lr6, hui not by w y of Ltm tetLe a EW;ir.(0 shams oZ the c ittil 6to3.a of The Plelto <Fa116'y lalgatIon n'; TO ^.. MI% Fit n 41 eta cad,* C^riFi t==�-...". an la oat"" Qa MEW= ned ear. r� �a ea^^c-'^ ra4 Lmisa eats rfaCes %Mat a: mi NI d 6'.-w Pw LTA Ucs... cZe 3 red 0,051,1_,eeg=terarms r. Ca c«= Ewa y eft eca Er': ci v ti taw es es. of, V a..1 to coo c cc ka.-agUo.4 G `:4te. 9Y1 h t e r",` ,,:..J C-TTO IC Vet uu, TO kmac, de, G" -stn f :e @:. at:O^ »;7 ems, rc. :rte =to the m;c! Ccclos dMaciexe.a gme.rhoirMratrrAost E* a.F Mr2 e:.= gtlefita4 r. tam �_.�_c4 ckuotoe. does eays_ : ;ti r s idEra= n ci LS7 c!cccl'^ Gi *woo C: G"iv. 6a;r iaA 6A'3 14 fi'J ra°- their CA��3�ttoca�+�._"aasar`crtra�� li h3 1s w•. 7 t.. a'a7 k®....;ti.°.. © 0 E�-^ c0a• F,O* aWC oes t . "a.5 w.Sa t3 -a, h. [.2 F tog to B PT= a= k„vGd madar On ate% tarVala. [on Eel ' .av t3aesmaa(m tam and boa ofeemdd. eni "Mt ft tea as Ica aid d cam Elm di f arm ead tags t t 'a "am. tmd Crot,,.:.��-.� el T err- �..^ Cr eT, rEcT 1O 1972 tc toe duo and p -y m :le fn l9 '3• a;:d ales) 817t?JE�CT TO do_•d of cruse rexoed6d February 9b. 1967, un or P�ocxi oa ho. 1S�t75B0, in kook 579, Weld County rocorde; which Mad truces end c1=1 of trust the 6rentnae herein AS Olfrit5 et 9 arthethetrAccizaa. W Me vice tad pane to et ft tell azil©s at ft wood mt. Wee apt= all Lad every D4a.rm er D -"s= L., =V cu a Cc ..•..,34 ci arMle er era Wit Mire, fti cid R.:t y of taa awe peri.b,u sea cgs a/ARnI.NT AND itizvIZZ E7 wrni cc Wi17AF.OP, The mid MAY at t'.ys era ut tag la aItio M him Mai end coal CM iv sad yam Mt same arlIN mod. blared ead Dtl tucci fa ft Ptca o fl ...- STA < et�p/may'•.; 0n. The A katr�at .�aa b.,t a �, 4*1,_._.17th ..Bay i::;:O1PtR�s at Ede . ta...Y2.., t7 Etr°u'9aYa=i111110, z = ray ;Y test. 13, 1975 Matey NE7k_.. AI'tttAteTV DtiICP--rna c. r. uorcnu c,.. nv[n Cnaval SKLD, Inc. HT SKL20519 WE 1585783-1972.001 co{ Cod rn CD ir .J ,-I t.11 1.•I 0 0 C.1 a i00K 3• APR 111974 712 Recorded at o'lmk M., sea- o, 1R. I .older, nneeptien No. _ .-.16340 74 .tiLa eer . . Ti.,,, DEF:n, Merle this 10th ar,y a API 11 , 1074 between WILLIAM M. SAtiN; of the Cooly of 'held mid State of Colorado, of the 1 rem ends rind RuI3::RT V. -AIDA!) • of the •CnuntY of Colorado, of the second part: WITNFHHF.TIi, That the said party of the first part,,or and It' conelden,linn of the sum of Other Valuahl.: .unsiderati ons and Utl::i li'.JILd:_.J ltOid,A RS to the Fetid party of the first part in hand paid by said port'', of the second part, the ^eript whereof lo hereby confessed and acknowledged, has granted, bargain. II, sold end conveyed, and by there premed a dn2S grant, bargain, sell, convey and confirm, unto the Fetid part's of the a .nod parirpremedS heirs and aesigno for. over, all the following dr:merihell lot or parcel of la el, oitualr, lying and being in the Courtly of ---Weld--- m,a :!ante or Colorado, to w 0: All of Grantor's interest in and to the Southwest Quarter (i'lL,) of Section Twenty-five (25), in Tornshi)' Four (4) North, of Range Sixty-six (66) West of the Sixth (6th) P.M., together with all ditches and ditch rights, laterals, :'rater and water rights, including, but not by way of limitation, four (4) shares of the capital stock of The Platte Valley Irrigation Company; TOGETHER with all 61111 eingulor the hereditament,' I .rd appurtenances thereto belonging, or In anywise appertaining, and the reversion and reverxionx, remainder ar : reeetindere, mate. homes and profits thereof, and all tits. entitle, right, title, Interest, claim and demand whatxocvet of the mad party of the first pert, either in low or equity, of, in and to the above bargained premiere, with' he hireditnmentn and amen tone,.c,.,, TO HAVE ANI) Ti) 1101,1) the xnid premises above berg, fined and deecrihed with the appurtenances, unto the sold part y of the second part, hi5 heirs and nxslgnt foray r. And the .arid part of the first part, for him orb f , hi Shrill', executors, and administrator", doe; covl•na: t, ,Dent, bargain, and agree h•r veil with the said party of the eecnnd part, his heirs and ,•.soigui, that atter Wm. of the resealing: and dclincry of these preeents, he I s well seized of the premiers shove conveyed, an of good, sure, puree', a.molute and indefeaxibte estate or inheritance. in law, in fee simple, aid h 5 gnnd right, toll power and lawful authority to grant, bargain, sell and convey the eon a in manner and 1 em an uf:,r,N,dd, sad that tit; 11111111. are free and Mans from all former,and other grants, bargainsindex, lime, luxe,tetsenaternt:t sail encumbranenl of whatever kind or 1 t,.„,„ver Subject to the 19174 taxes cue and payable in 197.. anti also su'lbYect to Deed of Trust dated and ret,orded on February 24, '.967, in Book 579 under Reception No. 1500560 Weld County Wecteds. 'Itch said taxes and Deed of Trust the Grantee herein assumes ad agrees to pay; also subject to easements, reservations end oil and gas lease, of record, of the second barb, and the above bargained prt'misux in the quiet and peaceable )o"'et.xinn of the ':add party his heirs and nolgnn against all and every pe,'wn or pereenx lawfully claiming n. to claim the whole or any part thereof, the said party of the first p,rt stall and Lill WARRANT AND FORRV'i1t LI.1F1'INII. IN WITNESS WIIIi1tPs0F, the said party of the first pt t ha 5 I,:1., n t O.I,et his .land and seal the day and your first above written. i '�. �.1." 1 .�L� s. -�f. I �l9k,A1,I . (William M. a'•:er ) \ 1 k. •N .... NEAI,t ` .\:.,%•..?, .0 AR ti ... ....., FA L1. t 4lr S'f 'lit OF COLORADO. ^ 7-0• j Ma. 4 ,'ld,am llgg 0 County of Weld 1 i1. lover April S','I1m 14. museum wan acknowledged before me O: e loth f ifhjl/`►1 y adtu.•.•(i�� 'liam M. Februa• ,t 5 .\Vitt,'",ay bona ayd off en:. INy ImIMaM poi expires February 8 .I No. h1''S. WARRANTY IINN1r. Ner I'hel.rr.,alr Ilrrntd. n,udlnnI I',d,ll, .Ina ('n, 1021.10 N0,ut N'rrr'. irva,rr ,i111.0 11— i1 SKLD, Inc. HT SKL20519 WE 1634074-1974.001 ti x�y,r�t;d „twt, (1,fr it, ( eoOK c.1 t� ty i 36, ..f44497.5... Reception No 1658070 I. LEE SHEHEE, AR. .Hsoordsr. THIS DEED, Made this 4.1M day of Apr 1 ,1975 between JAMES Ii, TRUPP and BONNIE K. TRUPP, husband and wife, of the County of Larime r---- and State of Colorado, of the first part, and --- ROBERT V. SANDAU --------- °JUN County of Weld — and State of Colorado, of the second part: WfTNE88RTH, That the said parti a tef the Brat part, for and in consideration of the sum of other valuable consideration and ten_ ••— DOLLARS to the said parties of the first part in hand paid by said part y of the mond part, the receipt whereof is hereby confessed and scimowledged, ha vegranted, bargained, sold and conveyed, end by these present& do grant, bargain, sell, convey and confirm, unto the said pert' of the second part, hi shelf. and assigns for- ever, all the following described lots or parcel s of land, situate, lying and being in the county of We Id and State of Colorado, to wit: Grantor's entire interest, being no less than an undivided one-third (1/3) interest, in and to the Southwest Quarter (SW 1/4) of Section Twenty-five (25), in Township Four (4) North, of Range Sixty-six (66 West of the Sixth (6th) P.M., together with all ditches and ditch rights, laterals, water and water rights, including, but not by way of limitation, four (4) shares of the capital stock of The Platte Valley Irrigation Company; Reserving, however, unto grantors, as joint tenants, an undivid one -sixth (1/6) interest (being 1/2 of grantors present mineral owne ship) in and to all oil, gas and other minerals being in, upon and under the above described premises. This reservation shall exclude sand and gravel. Gra tors howev r ex ressl relin uist any S f rights to the to the above descried premises >n cornnection witni tfiis reservation. TOGETHER with all and singular the hereditamente and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditament& 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, his heirs and assigns forever. And the said parti e c of the first part, for themselves heirs, executors, and administrators, do covenant, great, bargain, and agree to and with the said party of the second part, hi sheirs and assigns, that at the time of the ensealing and delivery of these presents, they a r ewell seised of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, aeseeementa and encumbrances of whatever kind or nataresoever. Except subject to 1975 taxes due and payable in 1976 and to Deed of Trust dated and recorded on February 24, 1967 in Book 579 reception No. 150O580, Weld County Records, which said taxes and dee of trust the Grantee herein assumes and agrees to pay; also subject to easements, reservations and oil and gas leases of record and the above bargained premises in the quiet and peaceable possession of ile said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ie s of the first part shall end will WARRANT AND FOREVER DEFEND. IN 'WITNESS WHEREOF, the said part ies s of the first part ha v e hereunto set the i rhand s and seal s the day and year first above written. n State Documentary Foe Day APR 141975 JAMES H, TRUPP, ant3 BONNIE K. TRUPP, wife (SEAL) BEN •ZfTA7'E OF COLORADO, 1 IN1 '' 'Countyt of Weld es. ( fuet ument was acknowledged before me this / a Ft& day of H ' r'.l ip'"',by.'James H. Trupp and Bonnie K. Trupp, husband and wife. `0sion eapirea i' A r e L+1AJ .R 31 , 1977 . Witness my hand and official seal. Na�Oerr�'» 't�RE� ll�sZGltf��......�.:.y...G.f.tl�`' �. f CO! ✓ r+atan Poeila id CD ui • • 'Ill O 0 4 t& N,. 932. WAAaANTT DEED. —Yo, Pl+uteorbl. noose.—DradWrd PuhWhing Co„ 1821./8 Stout Stn.t„ D,ure, Colorado -4-72 AR2 1,5232 B 1363 REC02315232 12/18/92 1,5:52 $15.00 1/003 F 0998 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO. CO --..,e jig m m c --rra6agi, THIS DEED is a conveyance of the real property described below. including any improvements and other appurtenances (the "property) from the individual(s). aorporaVon(s). partnerahipp), orather antity(iss) names below as GRANTOR to the individuat(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 properly. except for (I) the lien of the general property taxes for the year of this deed. which the GRANTEE win pay (2) anyeese entsand rights -of -way shown of record (3) any patent resarvatio s and exceptions (4) any outstanding mineral lntareits shown of record 15) any protective covenants and restrictions shown of record. and (8) any additional matters shown below under -Additional Warranty Exceptions'. The Specific Terms of This Deed An: Grantor. (Giro names) and places) of residence if the spouse of the owner -grantor is joining in this Oeed to mama homestead riplML, identify wanton a. Itmberrd and wits.) Robert V. Sandau 22166 Weld County Road 35 LaSalle, CO 80645 Grantor Mire naives) and address(es): statement of addraaa, including available road or strut number. is required) Bruce D. Sandau 22444 Weld County Road 35 LaSalle, CO 80645 Ferns et Co -Ownership: (It there are two or coon grantees named. they will be considered to Willis tenants Incommodes, the words In joint tenancy' or words of the same moaning are added in the apace brew.) property Desc►lptloit (include county and state,) See Exhibit "A" attached hereto and incorporated by reference. Property Address: 19350 Weld County Road 35, LaSalle, CO 80645 Considered= (The statement of a dollar amount is optional: adequate consideration for Misdeed will be presumed unless thiscanvsy nest/ identified as a gin: in any use this conveyance is absolute, final and unconditional) Seventy Five Thousand and no/100 ($75,000.00) Dollars Reservations-Restrhctloets: (litre GRANTOR intends toreierveany interest in the Properly or toconvery less Motheaten.. or dlheGRANTOR is restricting the GRANTEES right in the properly, make appropriate indication,) See Exhibit "A" attached hereto for reservation of oil, gas and other minerals. Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.) See Exhibit "B" attached hereto for Additional Warranty Exceptions. Executed by the Grantor on December 16 to 92 algns5ar Cane fur CeipotaMon. Parrnsnitl7 et AssoMNbn filinl�ure u . br trtweld, (s) „Aim* of Gratifet ; Ccrpontion. Partnership or Asaoclation ertV. S a n d au . 4.. CA. 'aC fir• . o - A•no'it •• STA1' OF'COLORA00 COUNTY OF Weld The foregoing instrument was acknowledged before me this Br Robert V. Sandau. WITNESS my hand and official teal. rlummwr.napfrc December 1, 1994 STATE OF COUNTY OF The foregoing instrument was acknowledged before ma this Ely • (• neme individual Grantolelortf Grantor niCorporatlon, Parineretdporassociation, WenIderWy spneraaapresident mrice preelde tell aepretaryor mutant secretary of corporation: or as penner(s) of pertnerehip: or as sumoriatd mantels) of mpdmon•) es. Grantor 16th day ceDecember J. 92 Naha Pubic 1113 10th Avenue Greeley, CO. 80631 day of .N WITNESS my had and official teal. Ng mew aspliew Neer, Mae " ISM UPDATE LE0ALF0.MS P. Box tate. Greeley. Coraredormess 003)33 4tea IMO. on B 1363 REC 02315232 12/16/92 15:52 $15.00 2/003 F 0999 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" An undivided one-third (1/3) interest in and to the following described property: The SW1/4 of Section 25, Township 4 North, of Range 66 West of the 6th P.M., County of Weld, State of Colorado, together with four (4) shares of the capital stock of the Platte Valley Irrigation Company, one adjudicated irrigation well (Water Court Case W5531, Registration #8522), all ditch and ditch rights, laterals, water and water rights appurtenant to said property, and all pipes, motors, pumps, fixtures and all other irrigation equipment and fixtures located upon the property and/or used in connection with irrigation of the property. Reserving, however, unto Grantor all oil, gas and other minerals of whatever type or character presently owned by Grantor located in, under and upon the property, together with rights of ingress, egress, and access to explore for, remove and mine the same. 1th‘S1046003XEuhibit.A • B 1363 REC 02315232 12/18/92 15:52 $15.00 3/003 F 1000 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, Co EXHIBIT "B" Except subject to the following exceptions: 1992 taxes and assessments payable in 1993, easements, reservations, mineral reservations, mineral leases, oil and gas leases, exceptions, conditions, covenants, restrictions, agreements and rights of way, all of record or as may exist by use and the premises and subject to shortages in area or acreages, property not owned because of adverse possession by others, boundary discrepancies, rights of parties in possession not shown of record, conflicts in boundary lines, encroachments and any and all other matters or discrepancies which would be disclosed by an accurate survey, and subject to all governmental laws, rules and regulations, and subject to inclusion within any general or special districts. jth‘S10460303NExhibit.B I III111111111111I111111111111111111111111111111111111II 2696022 05/26/1999 10:57A Weld County CO 1 of 1 R 6.00 D 0.00 JA Sukl Tsukamoto CO - 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 the 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: (Give name(s) and place(s) of residence: if the spouse of the owner -grantor is joining in this Deed to release homestead right, identify grantors as husband end wife.) EDGAR F. BAR'IhLS Grantee: (Give name(s) and address(es): statement of address, including available road or street number, is required.) BARTELS FAMILY, LLC, A COLORADO LIMITED LIABILITY COMPANY Form of Co -Ownership: (If there are two or more grantees named, they will be considered to take as tenants in common unless the words "in joint tenancy" or words of the same meaning are added in the space below.) Property Description: (Include county and state) THE SW1/4 OF SECTION 25, TOWNSHIP 4, NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, TOGETHER WITH ALL DITCHES, DITCH RIGHTS, LATERALS, WATER AND WATER RIGHTS, INCLUDING, BUT NOT BY WAY OF LIMITATION 4 SHARES OF THE CAPITAL STOCK OF THE PLATTE VALLEY IRRIGATION COMPANY. Property address: Reservations -Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey lessthan he owns, or if the GRANTOR is restricting the GRANTEE'S rights in the property, make appropriate indication.) E ecuter:My_the_Grantoron_ / /_ ,19_ `"1 Signature Clause for Corporation, Partnership or Association: Name of Grantor, Corporation, Partnership or Association By By Attest STATE OF COLORADO ass. COUNTY OF WELD The foregoing instrument was acknowledged before me this Be EDGAR F. BARTELS WITNESS my hand and official seal My commission expires: 471-aq- STATE OF COUNTY OF ss. The foregoing instrument was acknowledged before me this By. (*name individual Grantor(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 partner(s) of partnership, ores authorized member(s) of association.) EDGf9R F. BARTELS e for individ (a): Grantor Grantor sp aq 0^ p .• no�y -1 /3 fi day of % J2 ray 41 T3-`1'% �] D 1 ��ViO� C Jdc-ei 41 / 4G Px'. '' Notary'hgb1Yd? WITNESS my hand and official seal My commission expires: Notary Public day of 19 ©1981 UPDATE LEGAL FORMS WCTC No. 203 3871999 Pages: 1 of 2 09/10/2012 12:16 PIS R Fee:$ D Fee:$10.00 Steve Moreno, Clerk and Recorder. Weld County, CO �1I1 hi'riPlt�+l�i�Rl�h'I�4��Irlth`rl rieiinhtr.1iD+1 11111 After Recording Return to: Joyner and Fewson, P.C. 3100 Arapahoe Ave. #410 Boulder, CO 80303 BARGAIN AND SALE DEED THIS DEED, is made to be effective as of this 1st day of September, 2012, between Robert V. Sandau, of the County of Weld, and State of Colorado, Grantor. and Bruce D. Sandau, whose legal address is: 32660 Vista Lake Rd., Greeley. of the County of Weld, and State of Colorado 80631. Grantee. WITNESSETH, that the Grantor, for valuable considerations and the sum of One Hundred Thousand dollars (8100,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed. and by these presents does grant, bargain, sell, and convey unto the Grantee, his heirs, successors and assigns forever, all the real property. mineral and other interest of Grantor situate, lying and being in the County of Weld, State of Colorado, to wit: Grantor's one-third undivided interest in and to: The SW1/4 of Section 25, Township 4 North, of Range 66 West of the 6`h P.M., including: all of Grantor's water rights of any kind or source appurtenant to the said property; all structures and fences now located upon the said property; and the rights and responsibilities of Grantor with respect to a certain water main tap procured by Grantor from the Central Weld County Water District (account # 112200). County of Weld, State of Colorado. Grantor further conveys to Grantee any and all oil, gas and other minerals of whatever type or character presently owned by Grantor and that are located in, under and upon any part of the said property, together with rights of ingress and egress, and access to explore for, remove and mine the same. Additionally, by this instrument, it is the intent of Grantor to assign and transfer, and the Grantor does hereby assign and transfer, to Grantee all interest Grantor has in, and any executive rights to execute and sign, oil and gas leases covering the above described lands, whether such mineral interest are conveyed hereby or owned by third parties. Property Address: 19350 WCR 35. LaSalle. CO 80645 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his heirs, successors and assigns forever. IN WITNESS WHEREOF, The Grantor has executed this deed on the date first above written. /?diltWa Robert V. Sandau Page 1 of 2 3871999 Pages: 2 of 2 09/10/2012 12:16 P!1 R Fee:$ D Fee:$10.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell r iilh i1RIJiEle 'A$01.114517 11111 STATE OF COLORADO ss. County of Weld The foregoing instrument was acknowledged before me this Gta day of September, 2012. by Robert V. Sandau. the grantor herein. Witness my hand and official seal. My commission expires: /— dry 00111111111,104, t!f JOy. `sP ,TARy :c?� �J J+ ` Pu .\C'0. •'• QO OF COV Page 2 of 2 Notary Public VIIIlNi4Wll��Wh'hYJ'I�LNiIIMtIYCIYA}p W,d UI III PROPER. PTION r`,<<°I;aaFic oeswZ;'ade,2,nt', .74). ,y T'111 St: 761ZT/ZIO'd=d:ece!f2f8°16 .•°'T. ka\ou6 11 2 sa�QmheYa zoo.°yervu25° e, me R Ivsl\20 of Vn, f 07%, Tkeuet =Warm)* m g °r 2 222 Fo Lc tn6 We°y of DeciMber z211 comma, oO°,r '.<, - LUIS HOLGUIN .C.TAFY^JOLIC SATE OF C'10.R.2 'JOT10200 OUT t4 MY COMMISSION ERIPES DUO. ,dey of r.ucw>Ar 20 RCM., CEREFICATE STATE Or COUNTY OF We fore., eat 1-3-2-o13 or 20 SUBDIVISIONEXEMPTIONNO. 1057-25-03 SUBX12-0016 A Portion Of The Southwest Quarter Of Section 25, Township 4 North, Range 66 West Of The 6th P.M., County Of Weld, State Of Colorado .0 COUN, PI eNNING_DPPAPINENT NOTES 2Po° =011°° 1°.". a 1.1., ,.a °"=, °,1 1". e., P"°1<°20° o.,ma m .t w<Ia 2 X=4 o<P°,1m<=t. °° °1 °oo.°" T.°m U. I," so11n r,< a1,5<c1<,[ 0 2 :xo 2"2:',15 :to 1, 2 oon2 222015. <o:,o(we^c�o1m Wed County Ita Wcla Cowl Rd 60 Wel.) County Rat 38 VICINITY MAP SCALE =2000 =2==5'40 5222 ,45.1421 LEGEND A PORTION OF SWII4 162.]97 ACRES [sit iM�52T25. J— — eoo2 n�2',3151 — WELD COUNTY ROAD 40 - - L5 - _ - �aP1z-ooToz iaow - scn "'"qrs.TarRosw EASEMENT LNE RIODT OF WAY LINE u JEscRleso "" S as tt ase " • 0.s OEsitg • 2rna Nc BT<w,P6O O 2 2 22252 POSIT. LINE TABLE BEARING LINE LENGTH 280 00. 130 00. 200 100 0 200 O0 NOE ANA ;m. 10/16/2012 FILE N.E 2012567SE SCALE SAL Tn 20 Wcsi 0 EO PROJECT 2012567 1 SHEET 1 OF 1 III. C950 4757080 09/17/2021 11:25 AM Total Pages: 6 Rec Fee: $38.00 Doc Fee: $380.00 Carly Koppes - Clerk and Recorder, Weld County , CO AFTER RECORDING RETURN TO: Korwell Land Holdings, LLC 12535 County Road 2 Brighton, Colorado 80603 Attn: Trenton Korby SPECIAL WARRANTY DEED Dr BARTELS FAMILY LLC, a Colorado limited liability company, and BRUCE D. SANDAU ("Grantor"), for the consideration of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, hereby grant, bargain, sell and convey to KORWELL LAND HOLDINGS, LLC, a Colorado limited liability company, whose mailing address is P.O. Box 337282, Greeley, Colorado 80633("Grantee"), that certain real property in the County of Weld, State of Colorado, that is legally described on Schedule I attached hereto (the "Property"), TOGETHER WITH all its hereditaments and appurtenances thereto belonging, or in anywise pertaining (including all water rights appurtenant thereto), and the reversion and reversions, remainder or remainders, rents, issues, and profits thereof; and together with all the estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, and to the above bargained real property, with the hereditaments and appurtenances including water rights, but EXCEPTING AND RESERVING unto Grantor all oil, gas and other minerals in, on, under or which may be produced from the Property; TO HAVE AND TO HOLD the above bargained real property, with the hereditaments and appurtenances, unto Grantee, and Grantee's heirs, successors, and assigns forever. Grantor, for Grantor and Grantor's heirs, successors, and assigns does covenant and agree that Grantor shall WARRANT AND FOREVER DEFEND the above bargained real property, with the hereditaments and appurtenances, in the quiet and peaceable possession of Grantee, and Grantee's successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor, subject to taxes and assessments for the current year not yet due and payable and those exceptions identified on Schedule 2. Signed this Oil day of September, 2021. /Signatures and Notaries are on the following page] Special Warranty Deed - Page I of 6 4757080 09/17/2021 11:25 AM Page 2 of 6 IN WITNESS WHEREOF, this Special Warranty Deed is executed by Grantor the day and year first above written. GRANTOR: BARTELS FAMILY LLC, a Colorado limited liability company ) ss. STATE OF COLORADO COUNTY OF WELD The foregoing instrument was acknowledged before me this I/ day of September, 2021, by Brian J. Bartels, as Manager of Bartels Family LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: STATE OF COLORADO COUNTY OF WELD Notar ) ss. Ir.. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 1'F9SO11ts2 !� EXPIRES AUGUST �,'^•iY COhh�p.+!SS'i, ; t EXPIRES :%C2L o � 25, 2023 The foregoing instrument was acknowledged before me this by Bruce D. Sandau. WITNESS my hand and official seal. My commission expires: Special Warranty Deed - Page 2 of 6 day of September, 2021, CHFRYL. KERN NOTARY .. PUBLIC 4757080 09/17/2021 11:25 AM Page 3 of 6 SCHEDULE I (Attached to and forming a part of the Special Warranty Deed) Description of the Real Property The Southwest Quarter of Section 25, Township 4 North, Range 66 West of the 6`'' P.M. County of Weld, Slate of Colorado, more commonly known as: 19350 County Road 35. LaSalle. Colorado 80645, APN: 105725000016. Special Warranty Deed - Page 3 of 4757080 09/17/2021 11:25 AM Page 4 of 6 SCHEDULE 2 (Attached to and forming a part of the Special Warranty Deed) Matters to which Title is Subject Permitted Exceptions 1. Rights of Way for Weld County Road 35 and Weld County Road 40. 2. Mineral reservations as set forth in the Patent from the United States of America to the Union Pacific Railway Company recorded September 13, 1883 at Reception No. 11396 as follows: Excluding and excepting from the transfer by these presents "All Mineral Lands" should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception, according to the terms of the Statute, "shall not be construed to include coal and iron land". 3. Right(s) of way, including its terms and conditions, whether in fee or easement only, asgranted in instrument recorded February 15, 1928 at Reception No_ 530674. 4. Right(s) of way, including its terms and conditions, whether in fee or easement only, asgranted in instrument recorded March 16, 1949 at Reception No. 1053995. 5. Oil and gas lease between Edgar F. Bartels and James H. Trupp and Robert V. Sandal' and Amoco Production Company recorded September 13, 1974 at Reception No. 1644627, and any interests therein or rights thereunder. 6. An undivided one -sixth (1/6) interest in all oil, gas and other mineral rights as reserved in a deed recorded April 14, 1975 at Reception No. 1658070, and any interests therein or rights thereunder. 7. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to Panhandle Eastern Pipe Line Company, as described in instrument recorded December 16, 1977 at Reception No. 1738897. 8. The following Notices concerning underground facilities have been filed with the Weld County Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the Land: (a) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 at Reception No. 2058722. 9. All interest in all oil, gas and other mineral rights as reserved in a deed recorded December 18, 1992 at Reception No. 2315232, and any interests therein or rights thereunder. 10. Terms, agreements, provisions, conditions, obligations and easements as contained in Right - of -Way Agreement as disclosed by Ratification of Right -of -Way Agreement, recorded April 25, 1996 at Reception No. 2487726. 11. All interest in all mineral rights as granted in a deed recorded April 6, 2006 at Reception No. 3377173, and any interests therein or rights thereunder. 12. Request for Notification of Surface Development recorded October 15, 2007 at Special Warranty Deed Page 4 of 6 4757080 09/17/2021 11:25 AM Page 5 of 6 ReceptionNo. 3511023. 13. Request for Notification (Mineral Estate Owner) December 21, 2007 at Reception No.3525268. 14. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded January 22, 2009 at Reception No. 3600797. 15. All interest in all oil, gas and other mineral rights as granted in a deed recorded July 22, 2009 at Reception No. 3637844, and any interests therein or rights thereunder. 16. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded August 27,2012 at Reception No. 3868991. 17. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded September 12, 2012 at Reception No. 3872903. 18. All interest in all oil, gas and other mineral rights as granted in a deed recorded October 4, 2012 at Reception No. 3878438, and any interests therein or rights thereunder. 19. All items as set forth on map of Subdivision Exemption No. 1057-25-03 SUBX12- 0016 recorded January 10, 2013 at Reception No. 3901850. 20. Any and all interest in all oil, gas and other mineral rights as granted in a deed recorded March 26, 2013 at Reception No. 3919947, and any interests therein or rights thereunder. 21. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded July 1,2013 at Reception No. 3944518. 22. Terms, agreements, provisions, conditions, obligations and easements as contained inResolution recorded October 17, 2013 at Reception No. 3971485. 23. All items as shown on map of Use by Special Review USR 12-0065 recorded December 11,2013 at Reception No. 3983565. 24. Right(s) of way, including its terms and conditions, whether in fee or easement only, asgranted to DCP Midstream, LP, as described in instrument recorded April 9, 2014 at Reception No. 4007912. 25. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to DCP Midstream, LP, as described in instrument recorded December 16, 2014 at Reception No. 4069024. 26. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to DCP Operating Company LP, as described in instrument recorded June 18, 2018 at Reception No. 4408030. Special Warranty Deed - Page 5 of 6 4757080 09/17/2021 11:25 AM Page 6 of 6 27. Request for Notification of Application for Development recorded August 2, 2018 at Reception No. 4420477. 28. All items as shown on Improvement Survey Plat by Centerline Surveying LLC, Job No. 21018, dated August 10, 2021. Special Warranty Deed - Page 6 of Hello