HomeMy WebLinkAbout20252336.tiff TITLE REPORT
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Commonwealth'TM
LAND TITLE INSURANCE COMPANY
SCHEDULE A
Title Report No. : 459-HS0809824-416 , Amendment No . 2
1 . Effective Date : May 29 , 2024 at 12 : 00 AM
2 . The estate or interest in the land described or referred to in this Title Report is :
Fee Simple
3 . Title to the estate or interest in the land is at the Effective Date vested in :
REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company, doing business in Colorado as
INVESTORS LIMITED LIABILITY COMPANY
4 . The land referred to in this Title Report is described as follows :
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
(for informational purposes only) Vacant land , Platteville , CO 80651
Title Report Printed: 06.04.24 @ 09:42 AM by V
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EXHIBIT "A"
Legal Description
DESCRIPTION :
A PORTION OF THAT PARCEL DESCRIBED IN SHERIFF'S DEED TO REI LIMITED LIABILITY COMPANY AND
INVESTORS LIMITED LIABILITY COMPANY FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY
CLERK AND RECORDER AT RECEPTION NO . 2393929 SAID PARCEL LOCATED IN SECTIONS 4 , 8, 9 AND
17 , TOWNSHIP 3 NORTH , RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN , COUNTY OF WELD ,
STATE OF COLORADO DESCRIBED AS FOLLOWS :
A PORTION OF THAT PARCEL DESCRIBED IN SHERIFF'S DEED TO REI LIMITED LIABILITY COMPANY AND
INVESTORS LIMITED LIABILITY COMPANY FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY
CLERK AND RECORDER AT RECEPTION NO . 2393929 SAID PARCEL LOCATED IN SECTIONS 4 , 8, 9 AND
17 , TOWNSHIP 3 NORTH , RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN , COUNTY OF WELD ,
STATE OF COLORADO DESCRIBED AS FOLLOWS :
PARCEL ONE
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 9 AND THE NORTHEAST CORNER OF
SAID SECTION 17 , BEING A FOUND 2 1 /2 INCH ALUMINUM CAP PLS 23501 ;
THENCE SOUTH 00°30'03" EAST , ALONG THE EAST LINE OF SAID SECTION 17 , A DISTANCE OF 2641 . 20
FEET , MORE OR LESS , TO A FOUND 2 1 /2 INCH ALUMINUM CAP PLS 20671 FOR THE EAST
ONE-QUARTER CORNER OF SAID SECTION 17
THENCE SOUTH 00°29'55" EAST , ALONG THE EAST LINE OF SAID SECTION 17 , A DISTANCE OF 2641 . 36
FEET TO A FOUND 2 1 /2 INCH ALUMINUM CAP PLS 32829 2000 FOR THE SOUTHEAST CORNER OF SAID
SECTION 17 ;
THENCE SOUTH 89°32'52" WEST , ALONG THE SOUTH LINE OF SAID SECTION 17 , A DISTANCE OF
2663 . 99 FEET , MORE OR LESS , TO A FOUND 3 1 /4 INCH ALUMINUM CAP PLS 33642 2006 FOR THE
SOUTH ONE-QUARTER CORNER OF SAID SECTION 17 ;
THENCE SOUTH 89°33'21 " WEST , ALONG THE SOUTH LINE OF SAID SECTION 17 , A DISTANCE OF
2663 . 90 FEET TO A FOUND 3 1 /4 INCH ALUMINUM CAP PLS 38285 2015 FOR THE SOUTHWEST CORNER
OF SAID SECTION 17 ;
THENCE NORTH 00°29'45" WEST , ALONG THE WEST LINE OF SAID SECTION 17 , A DISTANCE OF 5259 . 75
FEET TO A FOUND 3 1 /4 INCH ALUMINUM CAP PLS 38285 2015 FOR THE NORTHWEST CORNER OF SAID
SECTION 17 ;
THENCE NORTH 00° 09'42" WEST , ALONG THE WEST LINE OF SAID SECTION 8 , A DISTANCE OF 1995 . 33
FEET , MORE OR LESS , TO A POINT ON A SOUTH LINE OF THE CORRECTED FIRST FILING OF BEEBE
DRAW FARMS AND EQUESTRIAN CENTER ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR
RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO . 2200074 ;
THENCE ALONG THE SOUTH AND WEST LINES OF SAID CORRECTED FIRST FILING OF BEEBE DRAW
FARMS AND EQUESTRIAN CENTER THE FOLLOWING TWENTY-TWO (22 ) COURSES AND DISTANCES ;
1 . SOUTH 73°09'51 " EAST A DISTANCE OF 888 . 63 FEET TO A FOUND #4 REBAR;
2 . SOUTH 16°48'27" WEST A DISTANCE OF 153 . 39 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 11399 ;
3 . SOUTH 46°49'24" EAST A DISTANCE OF 749 . 02 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
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EXHIBIT "A"
Legal Description
MARKED PLS 11399 ;
4 . NORTH 55°45'37" EAST A DISTANCE OF 97 . 80 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 11399 ;
5 . SOUTH 46°58' 18" EAST A DISTANCE OF 1326 . 18 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 11399 ;
6 . NORTH 83°31 '37" EAST A DISTANCE OF 694 .42 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
7 . NORTH 32 ° 50' 14" EAST A DISTANCE OF 256 . 68 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
8 . ALONG A NON-TANGENT CURVE TO THE LEFT , HAVING A RADIUS OF 993 . 66 FEET , AN ARC LENGTH
OF 380 . 67 FEET , A CENTRAL ANGLE OF 21 °56'59" , AND A CHORD BEARING AND DISTANCE OF SOUTH
69°55'53" EAST , 378 . 34 FEET TO A SET #5 REBAR WITH BLUE PLASTIC CAP MARKED PLS 38814 ;
9 . SOUTH 80°54' 15" EAST A DISTANCE OF 169 . 66 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
10 . ALONG A NON-TANGENT CURVE TO THE RIGHT , HAVING A RADIUS OF 1221 . 67 FEET , AN ARC
LENGTH OF 558 . 87 FEET , A CENTRAL ANGLE OF 26° 12'38" , AND A CHORD BEARING AND DISTANCE OF
SOUTH 67° 37' 10" EAST , 554 . 01 FEET TO A SET #5 REBAR WITH BLUE PLASTIC CAP MARKED PLS 38814 ;
11 . SOUTH 54° 31 '27" EAST A DISTANCE OF 70 . 59 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
12 . NORTH 35°23'55" EAST A DISTANCE OF 150 . 38 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
13 . NORTH 85°32'49" EAST A DISTANCE OF 507 . 69 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
14 . SOUTH 87° 30'48" EAST A DISTANCE OF 399 . 72 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
15 . SOUTH 78° 21 ' 15" EAST A DISTANCE OF 391 .44 FEET TO A FOUND #5 REBAR;
16 . NORTH 13°53'54" WEST A DISTANCE OF 1387 . 60 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
17 . SOUTH 88° 13' 15" EAST A DISTANCE OF 170 . 50 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
18 . SOUTH 37° 12'36" EAST A DISTANCE OF 1250 . 11 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
19 . SOUTH 62 ° 08'39" EAST A DISTANCE OF 449 . 86 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
20 . SOUTH 79° 38'46" EAST A DISTANCE OF 399 . 95 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
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EXHIBIT "A"
Legal Description
21 . SOUTH 75°26' 16" EAST A DISTANCE OF 450 . 00 FEET TO A FOUND #4 REBAR WITH YELLOW CAP
MARKED PLS 32829 ;
22 . THENCE NORTH 89°44'54" EAST A DISTANCE OF 373 .40 FEET , MORE OR LESS , TO A SET #5 REBAR
WITH BLUE PLASTIC CAP MARKED PLS 38814 ON THE EAST LINE OF THE SOUTHWEST ONE-QUARTER
OF SAID SECTION 9 ;
THENCE SOUTH 00°22'25" WEST , ALONG SAID LINE , A DISTANCE OF 53 . 60 FEET TO A FOUND 2 1 /2 INCH
ALUMINUM CAP PLS 20671 FOR THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 9 ;
THENCE SOUTH 89°41 '00" WEST , ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF
SAID SECTION 9 , A DISTANCE OF 2560 . 65 FEET TO THE POINT OF BEGINNING .
PARCEL TWO
BEGINNING AT A POINT ON THE SOUTH RIGHT OF WAY LINE OF BEEBE DRAW FARMS PARKWAY
SHOWN ON SAID CORRECTED FIRST FILING OF BEEBE DRAW FARMS AND EQUESTRIAN CENTER,
FROM WHICH A FOUND 3 .25 INCH ALUMINUM CAP MARKED PLS 16425 1985 FOR THE NORTHWEST
CORNER OF SAID SECTION 9 BEARS NORTH 50° 51 '23" WEST A DISTANCE OF 722 . 90 FEET ;
THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF SAID BEEBE DRAW FARMS PARKWAY THE
FOLLOWING THREE (3) COURSES AND DISTANCES :
1 . NORTH 37°23' 14" EAST A DISTANCE OF 211 .58 FEET TO A SET #5 REBAR WITH BLUE PLASTIC CAP
MARKED PLS 38814 ;
2 . ALONG A CURVE TO THE RIGHT , HAVING A RADIUS OF 1041 .35 FEET , AN ARC LENGTH OF 1149 . 70
FEET , A CENTRAL ANGLE OF 63° 15'25" , AND A CHORD BEARING AND DISTANCE OF NORTH 69° 00'57"
EAST , 1092 . 19 FEET TO A SET #5 REBAR WITH BLUE PLASTIC CAP MARKED PLS 38814 ;
3 . SOUTH 79°21 '20" EAST A DISTANCE OF 939 . 12 FEET , MORE OR LESS , TO A SET #5 REBAR WITH
BLUE PLASTIC CAP MARKED PLS 38814 FOR THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF
SAID SECTION 9 ;
THENCE SOUTH 00°22'25" WEST , ALONG SAID LINE , A DISTANCE OF 4167 . 50 FEET TO A SET #5 REBAR
WITH BLUE PLASTIC CAP MARKED PLS 38814 ;
THENCE NORTH 89°46'20" WEST , DEPARTING SAID LINE , A DISTANCE OF 116 . 31 FEET , MORE OR LESS ,
TO A POINT ON AN EAST LINE OF SAID CORRECTED FIRST FILING OF BEEBE DRAW FARMS AND
EQUESTRIAN CENTER ;
THENCE ALONG AN EAST LINE OF SAID CORRECTED FIRST FILING OF BEEBE DRAW FARMS AND
EQUESTRIAN CENTER THE FOLLOWING TWELVE ( 12 ) COURSES AND DISTANCES :
1 . NORTH 42 °23' 11 " WEST A DISTANCE OF 646 .47 FEET TO A FOUND #4 REBAR WITH YELLOW CAP PLS
11399 ;
2 . NORTH 72 °24'32" WEST A DISTANCE OF 54 .58 FEET TO A FOUND #4 REBAR WITH YELLOW CAP PLS
11399 ;
3 . NORTH 17°21 '41 " WEST A DISTANCE OF 207 .42 FEET TO A FOUND #4 REBAR WITH YELLOW CAP PLS
11399 ;
4 . NORTH 00° 17'42" EAST A DISTANCE OF 348 . 63 FEET TO A FOUND #4 REBAR WITH YELLOW CAP PLS
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EXHIBIT "A"
Legal Description
11399 ;
5 . NORTH 12 ° 03'23" WEST A DISTANCE OF 380 . 71 FEET TO A FOUND #4 REBAR WITH YELLOW CAP PLS
11399 ;
6 . NORTH 06° 34'43" WEST A DISTANCE OF 425 . 16 FEET TO A FOUND #4 REBAR WITH YELLOW CAP PLS
11399 ;
7 . NORTH 41 °32' 16" WEST A DISTANCE OF 327 .39 FEET TO A FOUND #4 REBAR WITH YELLOW CAP PLS
11399 ;
8 . NORTH 31 ° 18'48" WEST A DISTANCE OF 302 . 86 FEET TO A FOUND #4 REBAR WITH YELLOW CAP PLS
11399 ;
9 . NORTH 23° 32'35" WEST A DISTANCE OF 293 . 91 FEET TO A FOUND #4 REBAR WITH YELLOW CAP PLS
11399 ;
10 . NORTH 20°55'24" WEST A DISTANCE OF 650 . 01 FEET TO A FOUND #4 REBAR WITH YELLOW CAP PLS
11399 ;
11 . NORTH 34°55'07" WEST A DISTANCE OF 423 . 97 FEET TO A FOUND #4 REBAR WITH YELLOW CAP PLS
11399 ;
12 . THENCE NORTH 52 ° 36'46" WEST A DISTANCE OF 358 .45 FEET TO THE POINT OF BEGINNING .
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SCHEDULE B
Exceptions
1 . Right of Way and rights incidental thereto for County Roads 30 feet on either side of Section and
Township lines as established by the Board of County Commissioners for Weld County, as set forth in a
document:
Recording Date : October 14 , 1889
Recording No : Book 86 at Page 273 (All sections)
2 . Reservations by the Union Pacific Railroad Company of ( 1 ) oil , coal and other minerals underlying the
land , (2 ) the exclusive right to prospect for, mine and remove oil , coal and other minerals , and (3) the right
of ingress and egress and regress to prospect for, mine and remove oil , coal and other minerals , all as
contained in Deed recorded on October 22 , 1908 in Book 233 at Page 179 , and any and all assignments
thereof or interests therein (affects Section 9)
3 . Reservations by the Union Pacific Railroad Company of ( 1 ) oil , coal and other minerals underlying the
land , (2 ) the exclusive right to prospect for, mine and remove oil , coal and other minerals , and (3) the right
of ingress and egress and regress to prospect for, mine and remove oil , coal and other minerals , all as
contained in Deed recorded on February 9 , 1910 in Book 233 at Page 293 , and any and all assignments
thereof or interests therein . (affects Section 17)
4 . Reservations contained in the Patents
From : The United States of America
Recording Date : February 20 , 1918
Recording No : Book 460 at Page 46 (W2 Section 8)
And
Recording Date : May 18 , 1925
Recording No : Book 668 at Page 170 ( E2 Section 8)
And
Recording Date : March 26 , 1919
Recording No : Book 511 at Page 348 (SW4 Section 4 )
Which among other things recites as follows :
Subject to any vested and accrued water rights for mining , agricultural , manufacturing or other purposes
and rights to ditches and reservoirs used in connection with such water rights , as may be recognized and
acknowledged by the local customs , laws and decisions of the courts and the reservation from the lands
hereby granted of a right of way thereon for ditches or canals constructed by the authority of the United
States the reservation from the lands hereby granted of a right of way thereon for ditches or canals
constructed by the authority of the United States .
5 . An oil and gas lease for the term therein provided with certain covenants , conditions and provisions ,
together with easements , if any, as set forth therein , and any and all assignments thereof or interests
therein .
Recording Date : March 11 , 1970
Recording No : 1543718 (Sections 4 , 8 , and 10 )
6 . An oil and gas lease for the term therein provided with certain covenants , conditions and provisions ,
together with easements , if any, as set forth therein , and any and all assignments thereof or interests
therein .
Recording Date : August 21 , 1970
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SCHEDULE B
Exceptions
(continued )
Recording No : 1553460 ( NW4 Section 17)
7 . Easement(s) for the purpose(s ) shown below and rights incidental thereto , as granted in a document:
Granted to : Adolph Coors Company
Purpose : Pipe Line
Recording Date : September 9 , 1974
Recording No : 1644265 ( N2 Section 17)
8 . Terms , conditions , provisions , agreements and obligations contained in the Surface Owner's Agreement
as set forth below:
Recording Date : November 1 , 1978
Recording No . : 1771570 (Section 9 )
9 . Easement(s) for the purpose(s) shown below and rights incidental thereto , as granted in a document:
Granted to : Panhandle Eastern Pipe Line Company
Purpose : Pipe lines , and other matters shown therein
Recording Date : March 19 , 1979
Recording No : 1784842 (Sections 4 and 9)
and
Recording Date : June 22 , 1979
Recording No : 1794666 (S2 Section 4 and N2 Section 9)
10 . Undivided one-half of grantor's interest in all oil , gas and other mineral rights reserved in the instrument
set forth below, and any and all assignments thereof or interests therein :
Reserved by: Aristocrat Angus Ranch , a partnership
Recording Date : February 8 , 1980
Recording No . : 1816527 (All sections)
11 . Terms , conditions , provisions , agreements and obligations contained in the Right of Way Agreement as
set forth below:
Recording Date : June 5 , 1981
Recording No : 1859717 ( N E1 /4 1 /4 Section 8 and SW 1 /4/4 Section 4)
And Assignment recorded May 19 , 1993 at Reception No . 2333524
12 . Terms , conditions , provisions , agreements and obligations contained in the Right-of-Way Grant as set
forth below:
Recording Date : November 2 , 1981
Recording No : 1873494 (W2 Section 4 and all of Section 8)
13 . Terms , conditions , provisions , agreements and obligations contained in the Right-of-Way Grant as set
forth below:
Recording Date : December 3 , 1981
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SCHEDULE B
Exceptions
(continued )
Recording No . : 1876094 . (Section 4 )
14 . Easement(s) for the purpose(s ) shown below and rights incidental thereto , as granted in a document:
Granted to : Panhandle Eastern Pipe Line Company
Purpose : Pipe lines
Recording Date : February 10 , 1982
Recording No : 1882623 (SE4 Section 9 and SW4 Section 10)
15 . Terms , conditions , provisions , agreements and obligations contained in the Right of Way Agreement as
set forth below:
Recording Date : February 8 , 1982
Recording No . : 1882368 (Section 4)
16 . Undivided all of grantor's interest in all oil , gas and other mineral rights reserved in the instrument set forth
below, and any and all assignments thereof or interests therein :
Reserved by: Beebe Draw Cattle Co . and Beebe Draw Land Company, Ltd .
Recording Date : May 7 , 1985
Recording No . : 2008614 (Sections 4 , 9 and 10 )
17 . Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document;
Reserved by: Beebe Draw Cattle Co . and Beebe Draw Land Company, Ltd .
Purpose : Road
Recording Date : May 7 , 1985
Recording No . : 2008614 (Sections 4 , 9 and 10 )
18 . Terms , conditions , provisions , agreements and obligations contained in the Canal Right-of-Way
Agreement as set forth below:
Recording Date : May 7 , 1985
Recording No . : 2008617 (All sections)
19 . Terms , conditions , provisions , agreements and obligations contained in the Right of Way Easements and
Licenses as set forth below:
Recording Date : May 7 , 1985
Recording No . : 2008626
And Supplemental Declaration of Easement and Quit Claim recorded February 13 , 1989 at Reception No .
2170703 and First Amendment recorded April 1 , 2021 at Reception No . 4700435 . ( Note : These
documents do not contain legal descriptions)
20 . Easement(s) for the purpose(s) shown below and rights incidental thereto , as granted in a document:
Granted to : The Farmers Reservoir and Irrigation Company
Purpose : Access
Recording Date : May 7 , 1985
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SCHEDULE B
Exceptions
(continued )
Recording No : 2008628 (Sections 4 , 8, 9 and 10)
21 . An oil and gas lease for the term therein provided with certain covenants , conditions and provisions ,
together with easements , if any, as set forth therein , and any and all assignments thereof or interests
therein .
Recording Date : February 28 , 1986
Recording No : 2044621 (W2NE4 Section 17 )
22 . An oil and gas lease for the term therein provided with certain covenants , conditions and provisions ,
together with easements , if any, as set forth therein , and any and all assignments thereof or interests
therein .
Recording Date : February 28 , 1986
Recording No : 2044622 (W2NE4 Section 17)
23 . Terms , conditions , provisions , agreements and obligations contained in the Surface Owner's Agreement
as set forth below:
Recording Date : March 25 , 1986
Recording No . : 2047485 ( NW4NE4 Section 17)
24 . Terms , conditions , provisions , agreements and obligations contained in the Beebe Draw Farms
Metropolitan District Service Plan as set forth below:
Recording Date : April 16 , 1986
Recording No . : 2050146 (All sections)
25 . Undivided grantor's interest in all oil , gas and other mineral rights reserved in the instrument set forth
below, and any and all assignments thereof or interests therein :
Reserved by: Beebe Draw Cattle Co . , a Colorado limited partnership
Recording Date : July 3 , 1986
Recording No . : 2059669
and corrected by:
Recording Date : August 6 , 1986
Recording No . : 2063764 . (All sections)
26 . Terms , conditions , provisions , agreements and obligations contained in the Findings , Order and Decree
Creating District in RE : the Organization of the Beebe Draw Farms Metropolitan District as set forth below:
Recording Date : August 20 , 1986
Recording No . : 2065838 (All sections )
27 . Terms , conditions , provisions , agreements and obligations contained in the Affirmation Agreement as set
forth below:
Recording Date : October 15 , 1986
Recording No . : 2073319 (All sections)
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SCHEDULE B
Exceptions
(continued )
28 . Undivided 50% interest in all oil , gas and other mineral rights granted by the instrument set forth below,
and any and all assignments thereof or interests therein :
Granted to : Aristocrat Angus Ranch , a Colorado general partnership
Recording Date : July 8 , 1988
Recording No . : 2147384
And Correction to Mineral Deed recorded August 25 , 1988 at Reception No . 2152738 . (All sections)
29 . Terms , conditions , provisions , agreements and obligations contained in the Road Easement Agreement
as set forth below:
Recording Date : July 8 , 1988
Recording No . : 2147390 (All sections)
30 . Terms , conditions , provisions , agreements and obligations contained in the Well Access and Utility
Easement Agreement as set forth below:
Recording Date : July 8 , 1988
Recording No . : 2147391 (All sections)
31 . An oil and gas lease for the term therein provided with certain covenants , conditions and provisions ,
together with easements , if any, as set forth therein , and any and all assignments thereof or interests
therein .
Recording Date : February 17 , 1989
Recording No : 2171240 . ( E2NE4 Section 17)
32 . Easement(s) for the purpose(s) shown below and rights incidental thereto , as granted in a document:
Granted to : Coors Energy Company, a Colorado corporation
Purpose : Pipelines
Recording Date : March 2 , 1989
Recording No : 2172282 (Sections 4 and 9)
33 . Terms , conditions , provisions , agreements and obligations contained in the Surface Owner's Agreement
as set forth below:
Recording Date : May 8 , 1989
Recording No . : 2178978 ( E2NE4 Section 17)
34 . All matters shown on the Zoning Change Map recorded May 24 , 1989 at Reception No . 2180623 (All
sections )
35 . Terms , conditions , provisions , agreements and obligations contained in the instrument as set forth below:
Recording Date : January 23 , 1990
Recording No . : 2203498 (All sections)
36 . Terms , conditions , provisions , agreements and obligations contained in the Surface Owner's Agreement
as set forth below:
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SCHEDULE B
Exceptions
(continued )
Recording Date : June 25 , 1990
Recording No . : 2217922 (W2 Section 17 )
37 . Terms , conditions , provisions , agreements and obligations contained in the instrument as set forth below:
Recording Date : July 2 , 1990
Recording No . : 2218733 ( SW 1 /4/4 Section 8)
38 . Terms , conditions , provisions , agreements and obligations contained in the Right-of-Way Agreement as
set forth below:
Recording Date : July 2 , 1990
Recording No . : 2218735 (S2 Section 8)
39 . Terms , conditions , provisions , agreements and obligations contained in the Right-of-Way Agreement as
set forth below:
Recording Date : January 17 , 1991
Recording No . : 2238676 (SW 1 /4 Section 8)
40 . Terms , conditions , provisions , agreements and obligations contained in the Pipeline Right-of-Way Grant
as set forth below:
Recording Date : July 31 , 1991
Recording No . : 2257920 (W2 Section 17)
41 . Terms , conditions , provisions , agreements and obligations contained in the Right-of-Way Agreement as
set forth below:
Recording Date : April 1 , 1992
Recording No . : 2282824 (S2 Section 8)
42 . Terms , conditions , provisions , agreements and obligations contained in the Pipeline Right-of-Way Grant
as set forth below:
Recording Date : August 24 , 1992
Recording No . : 2301064 (W2 Section 9 )
43 . Terms , conditions , provisions , agreements and obligations contained in the Right-of-Way Agreement as
set forth below:
Recording Date : April 15 , 1993
Recording No . : 2328993 (SW4 Section 8)
44 . Intentionally deleted .
45 . Terms , conditions , provisions , agreements and obligations contained in the Valve Site Contract as set
forth below:
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SCHEDULE B
Exceptions
(continued )
Recording Date : November 8 , 1993
Recording No . : 2358504 ( NE4 Section 17 )
46 . All matters shown on the Boundary Survey of the Beebe Draw Farms Metropolitan District recorded April
12 , 1995 at Reception No . 2433894 (All sections)
47 . Terms , conditions , provisions , agreements and obligations contained in the Developer Fee and Water Tap
Fee Agreement as set forth below:
Recording Date : December 18 , 1998
Recording No . : 2661476
And Amendments thereto recorded August 9 , 2001 at Reception No . 2873430 and February 8 , 2016 at
Reception No . 4179072 and Reception No . 4179097 . Resolution No . 2016- 11 -01 Beebe Draw Farms
Authority Resolution to Increase Water Tap Fee recorded January 6 , 2017 at Reception No . 4267927 and
Resolution No . 2019-09-01 recorded September 16 , 2019 at Reception No . 4523557 . (All sections)
48 . Terms , conditions , provisions , agreements and obligations contained in the Findings , Order and Decree in
RE : the Organization of Beebe Draw Farms Metropolitan District No . 2 , Weld County, Colorado as set
forth below:
Recording Date : December 1 , 1999
Recording No . : 2735728 (All sections)
49 . Request for Notification of Surface Development recorded May 28 , 2002 at Reception No . 2955178 .
(Section 9) and Reception No . 2955166 (Section 17)
50 . Terms , conditions , provisions , agreements and obligations contained in the Surface Use Agreement
disclosed by Memorandum of Agreement as set forth below:
Recording Date : July 8 , 2003
Recording No . : 3080941 (SE1 /4SE1 /4 Section 8)
51 . Terms , conditions , provisions , agreements and obligations contained in the Surface Damage and Release
Agreements disclosed by Memorandum of Agreements as set forth below:
Recording Date : April 16 , 2004
Recording No . : 3171202 (SE 1 /4SW 1 /4 Section 4)
Recording No . : 3171203 (SE 1 /4SW 1 /4 Section 4)
52 . Terms , conditions , provisions , agreements and obligations contained in the Right-of-Way Grant as set
forth below:
Recording Date : November 22 , 2004
Recording No . : 3237571 (SE4SW4 Section 4)
53 . Request for Notification of Surface Development recorded April 21 , 2006 at Reception No . Reception No .
3381167 (Section 4 ) and Reception No . 3381169 (Section 8)
54 . Request for Notification of Surface Development recorded October 15 , 2007 at Reception No . 3511023
and Notice of Change of Address recorded June 24 , 2022 at Reception No . 4837383 (all sections )
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SCHEDULE B
Exceptions
(continued )
55 . Terms , conditions , provisions , agreements and obligations contained in the Surface Use Agreement
disclosed by Memorandum of Agreement as set forth below:
Recording Date : December 18 , 2007
Recording No . : 3524324 ( NW4 Section 17)
56 . Request for Notification ( Mineral Estate Owner) recorded December 21 , 2007 at Reception No . 3525268 .
(Sections 9 , 10 and 17)
57 . Terms , conditions , provisions , agreements and obligations contained in the instruments as set forth below:
Recording Date : April 23 , 2008
Recording No . : 3549414 and 3549415 . (W2 Section 9 )
58 . Terms , conditions , provisions , agreements and obligations contained in the Surface Use Agreement
disclosed by Memorandum of Agreement as set forth below:
Recording Date : April 24 , 2008
Recording No . : 3549622 (W2 Section 9)
59 . Terms , conditions , provisions , agreements and obligations contained in Orders of Exclusion related to
Beebe Draw Farms Metropolitan District No . 1 as set forth below:
Recording Date : January 9 , 2009
Recording No . : 3598736 and 3598737 (All sections )
60 . Terms , conditions , provisions , agreements and obligations contained in the Surface Use Agreement
disclosed by Memorandum of Agreement as set forth below:
Recording Date : April 4 , 2009
Recording No . : 3615697 (W2 Section 17 )
61 . Terms , conditions , provisions , agreements and obligations contained in the Surface Use Agreement
disclosed by Memorandum of Agreement as set forth below:
Recording Date : May 22 , 2009
Recording No . : 3624699 (W2 Section 17 )
62 . Terms , conditions , provisions , agreements and obligations contained in the Surface Use Agreement
disclosed by Memorandum of Agreement as set forth below:
Recording Date : February 22 , 2010
Recording No . : 3677129 (S 1 /2SW 1 /4 Section 8)
63 . Terms , conditions , provisions , agreements and obligations contained in the Right-of-Way Grant as set
forth below:
Recording Date : August 15 , 2010
Recording No . : 3711980 (Sections 4 and 9)
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SCHEDULE B
Exceptions
(continued )
64 . Terms , conditions , provisions , agreements and obligations contained in the Surface Damage and Release
Agreements disclosed by Memorandums of Agreement as set forth below:
Recording Date : August 17 , 2011
Recording No . : 3786621 (SE 1 /4SW 1 /4 Section 4)
Recording No . : 3786622 (SE 1 /4SW 1 /4 Section 4)
Recording No . : 3786623 (SE 1 /4SW 1 /4 Section 4)
65 . Terms , conditions , provisions , agreements and obligations contained in the Surface Use Agreement
disclosed by Memorandum of Agreement as set forth below:
Recording Date : October 10 , 2011
Recording No . : 3797738 (WI /25W1 /4 Section 8)
66 . Terms , conditions , provisions , agreements and obligations contained in the Surface Use Agreement
disclosed by Memorandum of Agreement as set forth below:
Recording Date : November 14 , 2011
Recording No . : 3805218 ( NW4 Section 9)
67 . Terms , conditions , provisions , agreements and obligations contained in the Surface Use Agreement
disclosed by Memorandum of Agreement as set forth below:
Recording Date : November 18 , 2011
Recording No . : 3806579 (S1 /25W1 /4 Section 8)
68 . Terms , conditions , provisions , agreements and obligations contained in the Surface Use Agreement
disclosed by Memorandum of Agreement as set forth below:
Recording Date : May 16 , 2012
Recording No . : 3846233 ( NW4 Section 17)
69 . Terms , conditions , provisions , agreements and obligations contained in the Right-of-Way Grant as set
forth below:
Recording Date : August 8 , 2012
Recording No . : 3864663 (SW 1 /4/4 Section 8 and NW 1 /4/4 Section 17)
70 . Terms , conditions , provisions , agreements and obligations contained in the Right-of-Way Grant as set
forth below:
Recording Date : August 8 , 2012
Recording No . : 3864665
And Notice of Pipeline Location recorded August 8 , 2012 at Reception No . 3864671 (Section 9 )
71 . Terms , conditions , provisions , agreements and obligations contained in the Surface Use Agreement
disclosed by Memorandum of Agreement as set forth below:
Recording Date : January 4 , 2013
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SCHEDULE B
Exceptions
(continued )
Recording No . : 3900484 (S1 /2SW 1 /4 Section 8 )
72 . Terms , conditions , provisions , agreements and obligations contained in the Special District Public
Disclosure Document Beebe Draw Farms Metropolitan District No . 2 as set forth below:
Recording Date : August 1 , 2014
Recording No . : 4035301
And First Amendment thereto recorded May 9 , 2017 at Reception No . 4300398 . (all sections)
73 . All matters shown on the ALTA/NSPS Land Title Survey recorded January 5 , 2018 at Reception No .
4365454 (Sections 8 , 9 and 17 )
74 . Request for Notification of Surface Development recorded June 27 , 2019 at Reception No .4501361
(Section 4)
END OF EXCEPTIONS
THIS IS A TITLE REPORT ONLY. This is not a commitment to insure.
The information set forth herein is based on information supplied to Heritage Title Company - NoCo Region by
sources believed to be reliable and is provided for accommodation purposes only. Heritage Title Company - NoCo
Region assumes no liability hereunder unless a policy or policies of title insurance are issued by Heritage Title
Company - NoCo Region and fully paid for and the insured under said policy or policies and party to whom this
report was issued have no knowledge of any defect in title not disclosed . Reliance on the information set forth
herein is subject to the issuance of a mortgage and/or owner's policy of title insurance by Heritage Title Company -
NoCo Region within six (6 ) months from the effective date hereof. If a title insurance policy is not issued insuring
the property within such time , this title report shall be null and void as of its effective date and shall be deemed to
have been furnished for informational purposes only.
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EXHIBIT " B "
LIMITATION LANGUAGE FOR LIMITATION TO AMOUNT OF FEE PAID FOR SEARCH
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT , IF NOT IMPOSSIBLE ,
TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN , OR
THE COMPANY'S NEGLIGENCE IN PRODUCING , THE REPORT . YOU RECOGNIZE THAT THE FEE
CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH
ERRORS OR OMISSIONS OR NEGLIGENCE . THEREFORE , YOU UNDERSTAND THAT THE COMPANY
WAS NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REQUESTED REPORT
BUT FOR YOUR AGREEMENT THAT THE COMPANY'S LIABILITY IS STRICTLY LIMITED .
YOU AGREE THAT MATTERS AFFECTING TITLE BUT WHICH DO NOT APPEAR AS A LIEN OR
ENCUMBRANCE AS DEFINED IN THE CUSTOMER AGREEMENT OR APPLICATION ARE OUTSIDE THE
SCOPE OF THE REPORT .
YOU AGREE , AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THIS REPORT AND TO THE
FULLEST EXTENT PERMITTED BY LAW , TO LIMIT THE LIABILITY OF THE COMPANY, ITS LICENSORS ,
AGENTS , SUPPLIERS , RESELLERS , SERVICE PROVIDERS , CONTENT PROVIDERS , OR ANY OTHER
SUBSCRIBERS OR SUPPLIERS , SUBSIDIARIES , AFFILIATES , EMPLOYEES , AND SUBCONTRACTORS FOR
ANY AND ALL CLAIMS , LIABILITIES , CAUSES OF ACTION , LOSSES , COSTS , DAMAGES AND EXPENSES
OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY'S FEES , HOWEVER ALLEGED OR ARISING
INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT , NEGLIGENCE , THE
COMPANY'S OWN FAULT AND/OR NEGLIGENCE , ERRORS , OMISSIONS , STRICT LIABILITY, BREACH OF
WARRANTY, EQUITY, THE COMMON LAW , STATUTE , OR ANY OTHER THEORY OF RECOVERY OR FROM
ANY PERSON 'S USE , MISUSE , OR INABILITY TO USE THE REPORT , SO THAT THE TOTAL AGGREGATE
LIABILITY OF THE COMPANY, ITS EMPLOYEES , AGENTS AND SUBCONTRACTORS SHALL NOT EXCEED
THE COMPANY'S TOTAL FEE FOR THIS REPORT.
YOU AGREE THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE PRICE YOU
ARE PAYING WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED TO YOU WITHOUT SAID
TERM . YOU RECOGNIZE THAT THE COMPANY WOULD NOT ISSUE THIS REPORT , BUT FOR YOUR
AGREEMENT , AS PART OF THE CONSIDERATION GIVEN FOR THIS REPORT , TO THE FOREGOING
LIMITATION OF LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON
THE FULL AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THIS REPORT .
THIS REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE , TITLE OPINION , PRELIMINARY
TITLE REPORT , TITLE REPORT , COMMITMENT TO ISSUE TITLE INSURANCE , OR A TITLE POLICY, AND
SHOULD NOT BE RELIED UPON AS SUCH . IN PROVIDING THIS REPORT , THE COMPANY IS NOT ACTING
AS AN ABSTRACTOR OF TITLE . THIS REPORT DOES NOT PROVIDE OR OFFER ANY TITLE INSURANCE ,
LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE . THIS REPORT IS NOT TO BE RELIED
U PON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES
N O REPRESENTATIONS AS TO THE REPORT'S ACCURACY, DISCLAIMS ANY WARRANTIES AS TO THE
REPORT , ASSUMES NO DUTIES TO YOU , DOES NOT INTEND FOR YOU TO RELY ON THE REPORT , AND
ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THIS REPORT OR
OTHERWISE .
IF YOU DO NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND YOU DESIRE THAT ADDITIONAL
LIABILITY BE ASSUMED BY THE COMPANY, YOU MAY REQUEST AND PURCHASE A POLICY OF TITLE
INSURANCE , A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE . NO
ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE . YOU EXPRESSLY
AGREE AND ACKNOWLEDGE THAT YOU HAVE AN INDEPENDENT DUTY TO ENSURE AND/OR
RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY
PRODUCTS OR SERVICES PURCHASED .
N O THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THIS
REPORT , AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY.
YOU AGREE THAT , TO THE FULLEST EXTENT PERMITTED BY LAW , IN NO EVENT WILL THE COMPANY,
ITS LICENSORS , AGENTS , SUPPLIERS , RESELLERS , SERVICE PROVIDERS , CONTENT PROVIDERS , OR
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EXHIBIT " B "
(continued )
ANY OTHER SUBSCRIBERS OR SUPPLIERS , SUBSIDIARIES , AFFILIATES , EMPLOYEES , AND
SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL , INCIDENTAL , INDIRECT , PUNITIVE , EXEMPLARY,
OR SPECIAL DAMAGES , OR LOSS OF PROFITS , REVENUE , INCOME , SAVINGS , DATA, BUSINESS ,
OPPORTUNITY, OR GOODWILL , PAIN AND SUFFERING , EMOTIONAL DISTRESS , NON-OPERATION OR
INCREASED EXPENSE OF OPERATION , BUSINESS INTERRUPTION OR DELAY, COST OF CAPITAL , OR
COST OF REPLACEMENT PRODUCTS OR SERVICES , REGARDLESS OF WHETHER SUCH LIABILITY IS
BASED ON BREACH OF CONTRACT , TORT , NEGLIGENCE , THE COMPANY'S OWN FAULT AND/OR
NEGLIGENCE , STRICT LIABILITY, BREACH OF WARRANTIES , FAILURE OF ESSENTIAL PURPOSE , OR
OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE , ERRORS , OMISSIONS , STRICT LIABILITY,
BREACH OF CONTRACT , BREACH OF WARRANTY, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE
OR ANY OTHER CAUSES WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY FOR SUCH
DAMAGES .
THESE LIMITATIONS WILL SURVIVE THE CONTRACT .
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LIMITATIONS OF LIABILITY
APPLICANT EXPRESSLY AGREES AND ACKNOWLEDGES THAT IT IS EXTREMELY DIFFICULT , IF NOT
IMPOSSIBLE , TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR
OMISSIONS IN , OR THE COMPANY'S NEGLIGENCE IN PRODUCING , THE REPORT . APPLICANT
RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH
COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE . THEREFORE , APPLICANT
UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PROCEED IN THE PREPARATION AND
ISSUANCE OF THE REQUESTED REPORT UNLESS THE COMPANY'S LIABILITY IS STRICTLY LIMITED .
APPLICANT AGREES WITH THE PROPRIETY OF SUCH LIMITATION AND AGREES TO BE BOUND BY ITS
TERMS .
THE LIMITATIONS ARE AS FOLLOWS AND THE LIMITATIONS WILL SURVIVE THE CONTRACT :
MATTERS AFFECTING TITLE BUT WHICH DO NOT APPEAR AS A LIEN OR ENCUMBRANCE , AS DEFINED
ABOVE , AMONG THE TITLE INSTRUMENTS ARE OUTSIDE THE SCOPE OF THE REPORT .
APPLICANT AGREES , AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE REPORT AND TO
THE FULLEST EXTENT PERMITTED BY LAW , TO LIMIT THE LIABILITY OF THE COMPANY, ITS
LICENSORS , AGENTS , SUPPLIERS , RESELLERS , SERVICE PROVIDERS , CONTENT PROVIDERS , OR ANY
OTHER SUBSCRIBERS OR SUPPLIERS , SUBSIDIARIES , AFFILIATES , EMPLOYEES , AND
SUBCONTRACTORS FOR ANY AND ALL CLAIMS , LIABILITIES , CAUSES OF ACTION , LOSSES , COSTS ,
DAMAGES AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY'S FEES , HOWEVER
ALLEGED OR ARISING INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF
CONTRACT , NEGLIGENCE , THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE , ERRORS , OMISSIONS ,
STRICT LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON LAW , STATUTE , OR ANY OTHER
THEORY OF RECOVERY, OR FROM ANY PERSON 'S USE , MISUSE , OR INABILITY TO USE THE REPORT
OR ANY OF THE MATERIALS CONTAINED THEREIN OR PRODUCED , SO THAT THE TOTAL AGGREGATE
LIABILITY OF THE COMPANY AND ITS , AGENTS , SUBSIDIARIES, AFFILIATES , EMPLOYEES, AND
SUBCONTRACTORS SHALL NOT IN ANY EVENT EXCEED THE COMPANY' S TOTAL FEE FOR THE
REPORT.
APPLICANT AGREES THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE
PRICE THE APPLICANT IS PAYING WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED TO
THE APPLICANT WITHOUT SAID TERM . APPLICANT RECOGNIZES THAT THE COMPANY WOULD NOT
ISSUE THE REPORT , BUT FOR THIS CUSTOMER AGREEMENT , AS PART OF THE CONSIDERATION
GIVEN FOR THE REPORT , TO THE FOREGOING LIMITATION OF LIABILITY AND THAT ANY SUCH
LIABILITY IS CONDITIONED AND PREDICATED UPON THE FULL AND TIMELY PAYMENT OF THE
COMPANY'S INVOICE FOR THE REPORT .
THE REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE , TITLE OPINION , PRELIMINARY
TITLE REPORT , TITLE REPORT , COMMITMENT TO ISSUE TITLE INSURANCE , OR A TITLE POLICY, AND
SHOULD NOT BE RELIED UPON AS SUCH . THE REPORT DOES NOT PROVIDE OR OFFER ANY TITLE
INSURANCE , LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE . THE REPORT IS NOT TO
BE RELIED UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE
COMPANY MAKES NO REPRESENTATIONS AS TO THE REPORT'S ACCURACY, DISCLAIMS ANY
WARRANTIES AS TO THE REPORT , ASSUMES NO DUTIES TO APPLICANT , DOES NOT INTEND FOR
APPLICANT TO RELY ON THE REPORT , AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY
REASON OF RELIANCE ON THE REPORT OR OTHERWISE .
IF APPLICANT DOES NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND APPLICANT DESIRES THAT
ADDITIONAL LIABILITY BE ASSUMED BY THE COMPANY, APPLICANT MAY REQUEST AND PURCHASE A
POLICY OF TITLE INSURANCE , A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE
INSURANCE . NO ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE .
APPLICANT EXPRESSLY AGREES AND ACKNOWLEDGES IT HAS AN INDEPENDENT DUTY TO ENSURE
AND/OR RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY
PRODUCTS OR SERVICES PURCHASED .
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LIMITATIONS OF LIABILITY
(continued )
NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THE
REPORT , AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY.
APPLICANT AGREES THAT , TO THE FULLEST EXTENT PERMITTED BY LAW , IN NO EVENT WILL THE
COMPANY, ITS LICENSORS , AGENTS , SUPPLIERS , RESELLERS , SERVICE PROVIDERS , CONTENT
PROVIDERS , OR ANY OTHER SUBSCRIBERS OR SUPPLIERS , SUBSIDIARIES , AFFILIATES , EMPLOYEES ,
AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL , INCIDENTAL , INDIRECT , PUNITIVE ,
EXEMPLARY, OR SPECIAL DAMAGES , OR LOSS OF PROFITS , REVENUE , INCOME , SAVINGS , DATA,
BUSINESS , OPPORTUNITY, OR GOODWILL , PAIN AND SUFFERING , EMOTIONAL DISTRESS ,
NON-OPERATION OR INCREASED EXPENSE OF OPERATION , BUSINESS INTERRUPTION OR DELAY,
COST OF CAPITAL , OR COST OF REPLACEMENT PRODUCTS OR SERVICES , REGARDLESS OF
WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT , TORT , NEGLIGENCE , THE
COMPANY'S OWN FAULT AND/OR NEGLIGENCE , STRICT LIABILITY, BREACH OF WARRANTIES , FAILURE
OF ESSENTIAL PURPOSE , OR OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE , ERRORS ,
OMISSIONS , STRICT LIABILITY, BREACH OF CONTRACT , BREACH OF WARRANTY, THE COMPANY' S
OWN FAULT AND/OR NEGLIGENCE OR ANY OTHER CAUSES WHATSOEVER, AND EVEN IF THE
COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE
KNOWN OF THE POSSIBILITY FOR SUCH DAMAGES .
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