HomeMy WebLinkAbout20250252.tiffFirst American Title
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
Transaction Identification Data, for which the Company assumes no liability as set forth in
Commitment Condition 5.e.:
Issuing Agent:
Issuing Office: ,
Issuing Office's ALTA® Registry ID:
Commitment Number: 5509-4200462
Issuing Office File Number: 5509-4200462
Property Address: 22169 County Road 35, La Salle, CO 80645
APN: R3796405
Revision Number:
SCHEDULE A
1. Commitment Date: September 03, 2024 at 8:00 a.m.
2. Policy to be issued:
a. 2021 ALTA Policy - form(s) To Be Determined
Proposed Insured: To Be Determined
Proposed Amount of Insurance: $0.00
The estate or interest to be insured: See Item 3 below
3. The estate or interest in the Land at the Commitment Date is:
Fee Simple interest
4. The Title is, at the Commitment Date, vested in:
Daniel Baker and Debra Baker
5. The Land is described as follows:
See Exhibit A attached hereto and made a part hereof
Premiums:
Owner's Policy: $
Lender's Policy: $
Tax Certificate Fee: $
Endorsement(s): $
Informational Commitment Fee
$475.00 (100.00 tbd
fee & 3 hrs @
125.00/hr)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 1 of 16
First American Title
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 2 of 16
First American Title
Commitment No. 5509-4200462
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
SCHEDULE B, PART I —Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,
or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
5. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due
from the County Treasurer or the County Treasurer's Authorized Agent.
6. Evidence that all assessments for common expenses, if any, have been paid.
7. Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the
Company.
8. The Company requires a five day notification prior to closing to update the information within this
commitment.
NOTE: This commitment has been issued for information purposes only and there are no
requirements. The liability of the Company in terms of this Commitment is limited to the charges paid
for the Commitment.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 3 of 16
First American Title
Commitment No. 5509-4200462
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
SCHEDULE B, PART II —Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and
unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a
document referenced in Schedule B as if each Discriminatory Covenant is redacted,
repudiated, removed, and not republished or recirculated. Only the remaining provisions of the
document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
1. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but
that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in
possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of
Policy.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct land survey and inspection of the Land would disclose, and which are not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown in the Public Records.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the
Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on
which all of the Schedule B, Part I —Requirements are met.
Note: Exception number 5 will be removed from the policy provided the Company conducts the
closing and settlement service for the transaction identified in the commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 4 of 16
First American Title'
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
8. Any water rights, claims or title to water, in, on or under the Land, whether or not the matters
excepted are shown by the Public Records.
9. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established
by the Board of County Commissioners for Weld County, Colorado, recorded October 14, 1889 in
Book 86 at Page 273.
10. Reservation of coal and the right of way and grounds for the working of the coal, all described in the
Deed, and right of way for railroad to Union Pacific Railroad recorded February 12, 1903 in Book 201
at Page 430.
11. An Oil and Gas Lease, executed by William H. Ewing, Jr. and Margaret J. Ewing as Lessor(s) and by
Nielson Enterprises Inc. as Lessee(s) for a primary term of 9 months, dated April 14, 1977, recorded
May 26, 1977 at Reception No. 1720209; and any and all assignments thereof or interests therein.
NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein.
12. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Pipeline Right of Way Grant recorded June 22, 1992 at Reception No. 2292633.
13. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Pipeline Right of Way Grant recorded December 28, 1992 at Reception No. 2315994.
14. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Release and Quit Claim Deed recorded December 17, 1998 at Reception No. 2661201.
15. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Request for Notification of Surface Development recorded May 28, 2002 at Reception
No. 2955105.
16. Easements, conditions, covenants, restrictions, reservations and notes on the Map of Recorded
Exemption No. 1057 -11 -4 -RE 4059 recorded June 15, 2005 at Reception No. 3295087.
17. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Petition for Class D Irrigation Water Allotment Contract recorded November 2, 2005 at
Reception No. 3336942.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 5 of 16
First American Title'
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
18. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Easement Right of Way and Surface Use Agreement recorded October 9, 2006 at
Reception No. 3426007.
19. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Request for Notification (Mineral Estate Owner) recorded December 21, 2007 at
Reception No. 3525268.
20. Reservation of rights to any and all oil and gas and related substances, and the right of ingress and
egress and removal of all oil, gas and related substances as disclosed in Warranty Deed recorded
January 26, 2011 at Reception No. 3747146.
21. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Petition for Class D Irrigation Water Allotment Contract recorded April 6, 2011 at
Reception No. 3760799.
22. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Pipeline Right -of -Way Grant recorded August 8, 2011 at Reception No. 3785031.
23. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Use by Special Review - USR - 11-0016 recorded May 23, 2012 at Reception
No.3848115.
24. Reservation of "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" as disclosed in U.S. Patent recorded May 20, 2013 at
Reception No. 3933607.
25. Any interest in all oil, gas and other minerals conveyed to Russell R. Martin and Marilynn Kay
Martin by Mineral Deed, recorded August 5, 2013 at Reception No. 3953513; together with any rights
of ingress and egress therein and any and all assignments thereof or interests therein.
26. Any interest in all oil, gas and other minerals conveyed to RCPTX, Ltd., a Texas limited partnership by
Mineral and Royalty Deed, recorded October 7, 2013 at Reception No. 3969071; together with any
rights of ingress and egress therein and any and all assignments thereof or interests therein.
27. Any interest in all oil, gas and other minerals conveyed to RCPTX, Ltd., a Texas limited partnership by
Mineral and Royalty Deed, recorded January 23, 2014 at Reception No. 3992013; together with any
rights of ingress and egress therein and any and all assignments thereof or interests therein.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 6 of 16
First American Title'
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
28. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Petition for Class D Irrigation Water Allotment Contract recorded February 9, 2015 at
Reception No. 4081944.
29. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Amended Pipeline Right of Way Grant recorded December 14, 2017 at Reception No.
4360284.
30. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Memorandum of Joint Use and Production Matters Agreement recorded December 20,
2017 at Reception No. 4361966.
31. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Request for Notification of Application for Development recorded August 2, 2018 at
Reception No. 4420477.
32. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Site Specific Development Plan Special Review Permit, USR17-0050 recorded April 6,
2018 at Reception No. 4388879.
33. Any interest in all oil, gas and other minerals conveyed to Russell R. Martin and Cheryl A. Martin by
Mineral Deed, recorded May 25, 2018 at Reception No. 4402154; together with any rights of ingress
and egress therein and any and all assignments thereof or interests therein.
34. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Petition for Class D Irrigation Water Allotment Contract recorded September 10, 2018 at
Reception No. 4429464.
35. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Petition for Class D Irrigation Water Allotment Contract recorded October 11, 2018 at
Reception No. 4437843.
36. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Dry -Up Covenant recorded January 29, 2020 at Reception No. 4562224.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 7 of 16
First American Title'
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
37. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Petition for Class D Irrigation Water Allotment Contract recorded March 11, 2020 at
Reception No. 4573669.
38. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Dan's Garage Site Site SPR21-0001 recorded July 7, 2021 at Reception No. 4733236.
39. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Encroachment and Access Agreement recorded June 2, 2021 at Reception No. 4720953.
40. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Improvements & Road Maintenance Agreement according to Policy Regarding Collateral
for Improvements recorded June 28, 2021 at Reception No. 4729874.
41. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Dan's Garage Site SPR21-0001 recorded July 7, 2021 at Reception No. 4733236.
42. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Petition for Class D Irrigation Water Allotment Contract recorded March 18, 2022 at
Reception No. 4811244.
43. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Pipeline Right -of -Way Grant recorded November 30, 2022 at Reception No. 4869551.
44. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Road Maintenance Agreement according to Requirements during the Construction
Period recorded December 13, 2022 at Reception No. 4871874.
45. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Weld County Location Assessment for Pipelines LAP22-0013 DJ Growth Pipeline Project
24" Godfrey to Pintail recorded January 6, 2023 at Reception No. 4875855.
46. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Weld County Location Assessment for Pipelines LAP22-0017 DJ Growth Pipeline Project
20" Canvasback to Mewbourn recorded January 24, 2023 at Reception No. 4878157.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 8 of 16
First American Title'
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
47. Any interest in all oil, gas and other minerals conveyed to Marilynn K. Martin Trustee of the Marilyn K.
Martin Living Trust dated February 8, 8, 2023, and any amendments by Mineral Deed, recorded
February 13, 2023 at Reception No. 4881511; together with any rights of ingress and egress therein
and any and all assignments thereof or interests therein.
48. Any interest in all oil, gas and other minerals conveyed to ACM Fund Five LLC, a Nevada Limited
liability company by Mineral Deed, recorded July 17, 2023 at Reception No. 4909543; together with
any rights of ingress and egress therein and any and all assignments thereof or interests therein.
49. Any interest in all oil, gas and other minerals conveyed to ACM Fund Five LLC, a Nevada Limited
liability company by Mineral Deed, recorded March 18, 2024 at Reception No. 4949664; together with
any rights of ingress and egress therein and any and all assignments thereof or interests therein.
50. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Memorandum of Lease Option Agreement recorded May 16, 2024 at Reception No.
4960904.
51. Any existing leases or tenancies.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 9 of 16
First American Title'
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
EXHIBIT A
The Land referred to herein below is situated in the County of Weld, State of Colorado, and is described
as follows:
Lot B, Recorded Exemption No. 1057 -11 -4 -RE 4059, according to the map recorded June 15, 2005 as
Reception No. 3295087 of the Weld County records, being a part of the S/2 SE/4 and the S/2 S/2 N/2
SE4 of Section 11, Township 4 North , Range 66 West of the 6th P.M., County of Weld, State of Colorado.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 10 of 16
First American Title
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
DISCLOSURE STATEMENT
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and
Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at
least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not
conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller
must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company
shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all matters which appear of record
prior to the time of recording whenever the title insurance company, or its agent, conducts the closing
and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is
responsible for the recording and filing of legal documents resulting from the transaction which was
closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title
insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other
equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until
the Proposed Insured has notified or instructed the company in writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each
taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized
agent. Information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
C.R.S. 10-11-122 (4), Colorado Notaries may remotely notarize real estate deeds and other documents
using real-time audio -video communication technology. You may choose not to use remote notarization
for any document.
NOTE: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance
instrument exception, or exceptions, in Schedule B, Section 2.
A. That there is recorded evidence that a mineral estate has been severed, leased, or
otherwise conveyed from the surface estate and that there is a substantial likelihood
that a third party holds some or all interest in oil, gas, other minerals, or geothermal
energy in the property; and
B. That such mineral estate may include the right to enter and use the property without
the surface owner's permission.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's
lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 11 of 16
First American Title'
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon
compliance with the following conditions:
A. The land described in Schedule A of this commitment must be a single family
residence which includes a condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or material -men for
purposes of construction on the land described in Schedule A of this Commitment
within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company
against un-filed mechanic's and material -men's liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the
property to be purchased within six months prior to the Date of the Commitment, the
requirements to obtain coverage for unrecorded liens will include: disclosure of
certain construction information; financial information as to the seller, the builder
and or the contractor; payment of the appropriate premium, fully executed Indemnity
Agreements satisfactory to the company, and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay.
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services
for a real estate transaction shall disburse funds as a part of such services until those funds have been
received and are available for immediate withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance
document presented for recordation in the State of Colorado. Said declaration shall be completed and
signed by either the grantor or grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false,
incomplete, or misleading facts or information to an insurance company for the purpose of
defrauding or attempting to defraud the company. Penalties may include imprisonment,
fines, denial of insurance and civil damages. Any insurance company or agent of an
insurance company who knowingly provides false, incomplete, or misleading facts or
information to a policyholder or claimant for the purpose of defrauding or attempting to
defraud the policyholder or claimant with regard to a settlement or award payable from
insurance proceeds shall be reported to the Colorado division of insurance within the
department of regulatory agencies.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 12 of 16
First American Title
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL
OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE
PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY
SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR
THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON,
INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED
INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS
COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS
COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the
Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the
"Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This
Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in
Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the
Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I —Requirements have not been met within six months after the
Commitment Date, this Commitment terminates and the Company's liability and obligation end.
FIRST AMERICAN TITLE INSURANCE COMPANY
;(,e
By: By:
Kenneth D. DeGiorgio, President Lisa W. Cornehl, Secretary
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 13 of 16
First American Title
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
COMMITMENT CONDITIONS
1. DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is
unenforceable under applicable law because it illegally discriminates against a class of
individuals based on personal characteristics such as race, color, religion, sex, sexual
orientation, gender identity, familial status, disability, national origin, or other legally
protected class.
b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice
imparted by the Public Records.
c. "Land": The land described in Item 5 of Schedule A and improvements located on that land
that by State law constitute real property. The term "Land" does not include any property
beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any
abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does
not modify or limit the extent that a right of access to and from the Land is to be insured by
the Policy.
d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property
security instrument, including one evidenced by electronic means authorized by law.
e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title
Association, issued or to be issued by the Company pursuant to this Commitment.
f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed
Amount of Insurance of each Policy to be issued pursuant to this Commitment.
g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each
Policy to be issued pursuant to this Commitment.
h. "Public Records": The recording or filing system established under State statutes in effect at
the Commitment Date under which a document must be recorded or filed to impart
constructive notice of matters relating to the Title to a purchaser for value without
Knowledge. The term "Public Records" does not include any other recording or filing system,
including any pertaining to environmental remediation or protection, planning, permitting,
zoning, licensing, building, health, public safety, or national security matters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries
the Land is located. The term "State" also includes the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.
j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in
the Commitment to Issue Policy, this Commitment terminates and the Company's liability and
obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 14 of 16
First American Title
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
e. Schedule B, Part I —Requirements; and
f. Schedule B, Part II —Exceptions; and
g. a counter -signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment
to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records
prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5.
The Company is not liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's
actual expense incurred in the interval between the Company's delivery to the Proposed
Insured of the Commitment and the delivery of the amended Commitment, resulting from
the Proposed Insured's good faith reliance to:
i. comply with the Schedule B, Part I —Requirements;
ii. eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured
requested the amendment or had Knowledge of the matter and did not notify the Company
about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would
not have incurred the expense had the Commitment included the added matter when the
Commitment was first delivered to the Proposed Insured.
d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense
incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount
of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of
the Schedule B, Part I —Requirements have been met to the satisfaction of the Company.
g. The Company's liability is further limited by the terms and provisions of the Policy to be
issued to the Proposed Insured.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND
CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim
under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is
located and is restricted to the terms and provisions of this Commitment. Any litigation or
other proceeding brought by the Proposed Insured against the Company must be filed
only in a State or federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the
parties with respect to the subject matter of this Commitment and supersedes all prior
commitment negotiations, representations, and proposals of any kind, whether written or
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 15 of 16
First American Title
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
oral, express or implied, relating to the subject matter of this Commitment.
d. The deletion or modification of any Schedule B, Part II —Exception does not constitute an
agreement or obligation to provide coverage beyond the terms and provisions of this
Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and
authenticated by a person authorized by the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and
the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance
commitments and policies. The issuing agent is not the Company's agent for closing, settlement,
escrow, or any other purpose.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating
the coverage that the Company may provide. A pro -forma policy neither reflects the status of
Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a
commitment to insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be
issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of
liability in Commitment Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT,
INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS
COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR
DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS
COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS
PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE
PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS
ACTION CONDITION.
11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of
Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the
Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy
of the arbitration rules at http://www.alta.org/arbitration.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2024 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 50210508 (7-19-23) Page 16 of 16
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46481 0 11/05/2020 01:21
Totages: 2 Rec Fee: $1Ti Doc Fee: $44.00
CQrJ r Koppes - Clerk andQcorder, Weld CountyO
SPECIAL 414 RRANTY DEED
THIS DEED dated the 30th day of Oc 6�t er, 2020, and is made beieen
(whether , or more than one), q.
((o�
Weste�9quipment & Truck Inc@' -Colorado corporation
thy,?antor" of the County of d and State of Colorad• _ �O
nieI Baker and Debra
State Doc Fee: 0
Recording Fe 13.00
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Joint Ten n s-,(vwh
b 272/
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,one, or r than one
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d State of Colorado.
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"Grantee' whose legs ress is
of the County of
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WITNESS, t .t the Grantor, for and in co sideration of the sum of F • ur Hundred Forty Thousa dollars and
No Cents ' >t,000.00), the receipt a £ fficiency of which is he �, acknowledged, hereby • � ts, bargains,
sells, co �s and confirms unto the , -ntee and the Grantee's q and assigns forever, - 4- real property,
togeth° h any improvements t n, 6located in the Coun eld
and - e of Colorado described : follows:
orded Exemption No 1
ccording to the map re
part of the S/2SE4 an
(
COUNTY OF WEL TATE OF COLORAD
also kno rrystreet address as: TBI R 35 & CR 46, La Salle, 80645
�
TO
ER with all and singu �e hereditaments and a • • �° enances thereto belon+ , or in anywise
app rta ing, the reversions, remainders, rents, issues and .ro�s thereof, and all the esta right, title, interest,
cland demand whatsoev- �� e Grantor, either in la • 4tequity, of, in and to the . fie bargained premises .2.
the hereditaments and 1. rtenances; O
.. TO HAVE AND TO the said premises ab �argained and describe
the Grantee, and the tee's heirs and assigns er. The Grantor, for t
and assigns, does € ant, grant, bargain, an ee that the Grantor sha
AND DEFEND th ove described premise �dthe quiet and peaceabl
heirs and assig
�h the appurtenances,
antor and the Grantor'
d will WARRANT THE
session of the Grantee _a the
the Grantee, against al d every person or person ) laiming the whole or an rt thereof,
by, through, under the Grantor except nd subject to: Statutory Ex eptions as defined in C.R. 38-30-
113(5)(a).
2020 tand all subsequent ye
d
the attached exceptiyk o title, if any.
�INITNESS WHEREOF, td rantor has executed thii�d d on the date set forth . rve.
OWestern Equipment & T) nc., a Colorado .. ..
corporation
By:
Craig Sp r President
State of Colotdo
County
The forgoing instrument was . kntbwledged before me thi
Pr ie• .f Western Equ'•m = Tr.ck Inc., a Colorad
Notary Public: nS
O" My Commission Ex
Stewart Title File No.: 8194
Statutory Special Warrand4 ed CO
-4-RE 4059, 0O
d June 15, 2005 as Re on No. 3295087 of the County records, beiniW
S/2S/2N/2SE/4 of Sec ' 11, Township 4 North, e 66 West of the 6th P.
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dC0
s� �coO
30hi day of October, 2020 pyraig Sparrow as
oration.
$7 PUBLIC:
RADO
NOTARY
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2
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Lot B,
Recorded ption No 1057 -11 -4 -RE 9,
accordin he map recorded June 005 as Reception No. • .087 of the Weld Count A ords, being a
?part of /2SE4 and the S/2S/2 /4 of Section 11, Tow 4 North, Range 66 WeOP the 6th P.M.
O
EXHIBIT
II
46481 0 11/05/2020 01:21 P.
Page of 2
O o'.
O �pEr OF WELD, STATE ¶� oLORADO. O
Together with Well Pei••Number 19926 -R -R. ..
Seller is retainingumping credits.
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Stewart Title File No.: 8194
Statutory Special Warrant ed CO
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