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Home My WebLink About20251269.tiffHT( H�rItage Tilde G mpa„ Date: File No.: Buyer(s)/Borrower(s): Property: Assessor Parcel No.: 7251 W 20th St Building L, #100 Greeley, CO 80634 Phone: 970-330-4522 / Fax: 866-828-0844 November 11, 2024 459-HS0837652-416 VIMA Partners, LLC, a Colorado limited liability company Vacant land, Windsor, CO 80550 095707100001 and R6787442 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. To: Tri-State Generation and Transmission Association, Inc. 1100 W. 116th Ave. Westminster, CO 99999 Attn: Marina Reite Phone: 303-254-3780 Fax: Email: marina.reite@tristategt.org END OF TRANSMITTAL Title Transmittal Printed: 11.11.24 @ 12:06 PM by V COD1101.doc / Updated: 04.29.22 Page 1 CO -C W-FFAH-01610.114165-H S 0837652 CLTA CHAIN OF TITLE GUARANTEE Guarantee Number: Issued By: COMMOnwealthTM LAND TITLE INSURANCE COMPANY HS0837652 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, COMMONWEALTH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Heritage Title Company - NoCo Region 7251 W 20th St Building L, #100 Greeley, CO 80634 Countersigned By: /144.7 Terry N. Williams Authorized Officer or Agent NNpTITLf "vs p 1-k . z' SEAL ' 8 NEBRAso Commonwealth Land Title Insurance Company By: Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary CLTA Chain of Title (06/06/1992) Printed: 11.11.24 @ 12:06 PM Page 2 CO-CW-FFAH-01610.114165-SPS-0-24-HS0837652 NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies. C. R. S. A. § 10-1-128 (6)(a). Anti -Fraud Claim Statement Printed: 11.11.24 @ 12:06 PM Page 3 CO-CW-FFAH-01610.114165-SPS-0-24-HS0837652 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0837652 ISSUING OFFICE: Heritage Title Company - NoCo Region 7251 W 20th St Building L, #100 Greeley, CO 80634 Main Phone: 970-330-4522 SCHEDULE A Liability Fee Title Officer $135.00 $135.00 Lynn Vance 1. Name of Assured: Tri-State Generation and Transmission Association, Inc. 2. Date of Guarantee: November 5, 2024 at 12:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matters relating to the interest, if any, which was acquired by VIMA Partners, LLC, a Colorado limited liability company pursuant to a Special Warranty Deed recorded July 11, 2014 at Reception No. 4029983 in and to the land described as follows: THE NE 1/4 OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO Only the following deeds appear in such records subsequent to March 22, 1972: Reception No. 1586625 Reception No. 4029983 This Guarantee does not cover: 1. Taxes, assessments, and matters related thereto. 2. Instruments, proceedings, or other matters which do not specifically describe said land. END OF SCHEDULE A CLTA Chain of Title (06/06/1992) Printed: 11.11.24 @ 12:06 PM Page 4 CO-CW-FFAH-01610.114165-SPS-0-24-HS0837652 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0837652 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A) of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule A and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. CLTA Chain of Title (06/06/1992) Printed: 11.11.24 @ 12:06 PM Page 5 CO-CW-FFAH-01610.114165-SPS-0-24-HS0837652 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0837652 (continued) 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a Iienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. DETERMINATION AND EXTENT OF LIABILITY This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. CLTA Chain of Title (06/06/1992) Printed: 11.11.24 @ 12:06 PM Page 6 CO-CW-FFAH-01610.114165-SPS-0-24-HS0837652 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0837652 (continued) 10. PAYMENT OF LOSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is One Million And No/100 Dollars ($1,000,000) or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of One Million And No/100 Dollars ($1,000,000) shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: Commonwealth Land Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Administration END OF CONDITIONS AND STIPULATIONS CLTA Chain of Title (06/06/1992) Printed: 11.11.24 @ 12:06 PM Page 7 CO-CW-FFAH-01610.114165-SPS-0-24-HS0837652 19J R 4029983 Pages: 1 of 2 07/11/2014 03:10 PM R Fee:$16.00 D Fee:$355.00 Steve Moreno; Clerk and Recorder; Weld County, CO VIII I ��Il lit 'Ir��l ' IOC IV/110 KM (lid Bill IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Special Warranty Deed (Pursuant to 38-30-115 C.R.S.) State Documentary Fee Date: July 09, 2014 $ 355.00 THIS DEED, made on July 09, 2014 by ZEILER FARMS, INC., A COLORADO CORPORATION Grantor(s), of the County of LARIMER and State of COLORADO for the consideration of ($3,550,000.00) *** Three Million Five Hundred Fifty Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to VIMA PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 1625 PELICAN LAKES POINT #201 WINDSOR, CO 80550, County of WELD, and State of COLORADO, the following real property in the County of Weld, and State of Colorado, to wit: THE NE 1/4 OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO **SEE ATTACHED EXHIBIT A DEED RESTRICTIONS also known by street and number as: VACANT LAND WINDSOR CO 80550 with all its appurtenances and warrants the title against all persons claiming under the Grantors), subject to general taxes for the year 2014 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Record Tide Matter (Section 8.1) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements, (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Of= Record Title Matters (Section 8.2) and Current Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special tax district; and other ZEILER FARMS, INC., A COLORADO CORPORATION[ CONRAD K-ZEILER AS PRESI County of WELD State of COLORADO NANCY A. LOHR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19924008574 My Commission Expires July 18, 2016 The foregoing instrument was acknowledged before me on this day of July 09, 2014 by CONRAD K. ZEILER AS PRESIDENT OF ZEILER FARMS, INC., A COLORADO CORPORATION Witness my hand and official seal. My commission expires 7 -1/16 Z/ air? t Public When Recorded Return to: VIMA PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY c* 1625 PELICAN LAKES POINT #201 WINDSOR, CO 80550 Form 13767 01/2011 swd.odt Special Warranty Deed (Photographic) FCC25119311 (19458396) EXHIBIT A DEED RESTRICTIONS Grantee agrees to forego any residential, commercial or industrial development of the Property for twenty (20) years following the date herein. Notwithstanding the foregoing, Grantee shall be allowed to construct up to four (4) farmhouses for caretakers of the Property. These deed restrictions shall encumber the Property, run with the land and be binding upon Grantee's successors and assigns. 4029983 Pages: 2 of 2 07/11/20]4 03:10 PM R Fee:$18.00 D Fee:$355.00 Steve Moreno, Clerk and Recorder, Weld County, CO IIIII Faill llMit 'liCh ktlilii «, l'IMiliVi llrh II II date Camay d La riper Ltd tasate d Wow* d Si trot tomb awl ZEILER FARMS,_INC., a Colorado corporation, dam itahmhxfammumal nambybkagabtaigiotthasocootdrart, -a'lltac arli% Tbs1 rho add prat:Lead eta d eha teat poet, tar aced In evaddCtakka d Boa sus d --- Other Valuable Consideration and Ten and no./104- to tdo ski post Asa as Bard part In head pal by de ski parr y d ea .woad pra% the rato2pt vberf to haehy manna rod oa7mo hrAted, ha ve rarAnd, Talmo% toa% wowed arts ttlt*Ctattaah odd aY tittle paaatWas ds sure sohw% odl, aaaroy tad gatbinalus tads rho add past y d L4e saeoad Park its holm aad 4sligatt "ansr. oB the rlat% ntaa Wars t, daiae ssi &Mad Which tIDa said part Leta" tha lha%pod hs ve ha and to thaklasiel dwathad property afts r4 babe ha the 0=0 d Weld and @taro d Catreal% tamp: PARCEL 1. Seven (7)th f, Township Fiveand h(5)tNorth, Rangearter Sixty—seven West of the Sixth (6th) Principal Meridian, together with all water rights appurtenant thereto, in Weld County, Colorado. PARCEL 2. Southwest Quarter (SWi), Section Eight (8), Township Five (5) North, Range Sixty—seven (67) West of the Sixth (6th) Principal Meridian, together with all water rights appurtenant thereto, in Wald County, Colorado. Ida ELM 802 b dial! tits lemma, 'hallow with sa and warder tt o tpportwo opa oad p ronseao tlnnada bolosldal Of to ■ rid tbarasota oppatatdr% sad all rho Maks,, rbht, WU% %twat sad stem vhdasetr d as add part Jeff" the that pa % either is taw at %tit% to rho aa4 prrpYre two, bead% awl ballad of do sold party d the mood pet1, i is hobs sad Naito% tamer. >bt Wtsnan wares+, The sold part ieso" rho Bass part to ve ha r mta at theirs and sot o de day dad yaw lira% above mime. (Amara Weld ) Tho lom dre ligir e va 1: ; ar*Iowlatynd baton seethes 20th • eiq d March , ip '72. Henry Toiler and Alma Zeiler Whams ®r bawl sad sitCFil Nat W taaletsimt madras Ey "tae risdan agape as UY 4t 19TIj / on woo t...c t n nomotbaw e,peda\ base are aad t4a aka v morlAr aW H mom= i .. in so" 665 uf-! QUIT -CLAM aa=n- 3v MAR 2.9 192 (I fta+eord.d o'oloelt....„,.......M . 1586625 \ �+ k Rec. No Apo spomir. %Komi" Let •o •o CO to 4-1 fu►,s �t 6.4 i Q o' 0 NJ ChN oc .Q Pia r Made this 20th day of March Lord one thousand nine hundred and Seventy — two between HENRY ZEILER and ALMA ZEILER of the in the year of our County of Larimer imer and State of Colorado, of the first part, and ZEILER FARMS, INC., a Colorado corporation, of the AUMMO cXkZximmx xaaRigifths p }Qt of the second part, --Witnesaeth, That the said part i e s of the first part, for and in consideration of the sum of - --- Other Valuable Consideration and Ten and no/100 DOLL, to the said part ins of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha v remised, released, sold, conveyed and Quit -Claimed, and by these present; do remise, release, sell, convey and Quit-Clsim unto the said part y of the second part, its heirs and assigns, forever, all the right, title, interest, claim and demand which the said part i e cpf the first part ha ye in and to the•following described property situate, lying and being in the County of Weld and State of Colorado, to -wit: PARCEL 1. South Half (Si) and Northeast Quarter (NEi) of Section Seven (7), Township Five (5) North, Range Sixty-seven (67) West of the Sixth (6th) Principal Meridian, together with all water rights appurtenant thereto, in Weld County, Colorado. PARCEL 2. Southwest Quarter (SWI), Section Eight (8), Township Five (5) North, Range Sixty-seven (67) West of the Sixth (6th) Principal Meridian, together with all water rights appurtenant thereto, in Weld County, Colorado. To Rave and to Hold the flame, Together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said part ie9�f the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, i is heirs and assigns, forever. In Witness Whereof, The said part i e Sflf the fast part ha v e hereunto let t heir hand Sand seal S the day and year first above written. Signed, Sealed and Delivered in Presence of 1 Alma ~ is ler _.._.._.._ ._ ...... .1, C c�.•� p T M P ry '. * 8TAT3 O1 COLORADO, Country of Weld ' The foregoing instrument wei - acknowledged before me this 20th • da7 of March , 19 •72_. by Henry Zeiler and Alma Zeiler l` Witness my band and official seal. My commiseida espiree My Commission'exafYes May 4, 1974 NcrAtaY Poetic. •If sabot is official or represeotabee oapaoit r, insert name sad also office ar capacity pad tar whom adios, : ; :. _•y Peed Ice mad the.._..._. -..—...day ot.-___.___.___ y Ar D. 19---. BY _ N0......._.._.._. _..._.. ba avond�•.L•. -�� n' . DEPUTY. HT( H�rItage Tilde G mpa„ Date: File No.: Buyer(s)/Borrower(s): Owner(s): Property: Assessor Parcel No.: 3491 E. Harmony Road, Suite 110 Fort Collins, CO 80528 Phone: 970-493-3051 / Fax: 866-871-2840 November 11, 2024 459-HS0831371-414, Amendment No. 2 Tri-State Generation and Transmission Association, Inc., a Colorado cooperative association VIMA Partners, LLC, a Colorado limited liability company Vacant land, Windsor, CO 80550 095707100001 and R6787442 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: Updated effective date and amended Req. 8 Click here for Tax Cert WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. To: Heritage Title Company - Fort Collins 3491 E. Harmony Road Suite 110 Fort Collins, CO 80528 Attn: Cassandra D Garcia Phone: 970-493-3059 Fax: Email: Cassandra.Garcia@heritagetco.com To: Tri-State Generation and Transmission Association, Inc., a Colorado cooperative association Attn: Jonathan Clark Marina Reite sent via email To: Water Valley Land Company 1625 Pelican Lakes Point Windsor, CO 80550 Attn: Martin Lind Phone: 970-686-5828 Fax: Email: mlind@watervalley.com To: Water Valley Land Company 1625 Pelican Lakes Point Windsor, CO 80550 Attn: Colton Lind Phone: 970-686-5828 Fax: Email: clind@watervalley.com To: Water Valley Land Company 1625 Pelican Lakes Point Windsor, CO 80550 Attn: Lara Wynn Phone: 970-686-5828 Fax: Email: Iwynn@watervalley.com Title Transmittal Printed: 11.11.24 @ 12:17 PM by V COD1101.doc / Updated: 04.29.22 Page 1 CO -C W-FFAH-01610.114144-H S 0831371 To: Water Valley Land Company 1625 Pelican Lakes Point Windsor, CO 80550 Attn: Gary Kerr Phone: 970-686-5828 Fax: Email: gkerr@watervalley.com To: Water Valley Land Company 1625 Pelican Lakes Point Windsor, CO 80550 Attn: Marissa Donahoo Phone: 970-686-5828 Fax: Email: marissa@watervalley.com END OF TRANSMITTAL Title Transmittal Printed: 11.11.24 @ 12:17 PM by V COD1101.doc / Updated: 04.29.22 Page 2 CO-CW-FFAH-01610.114144-HS0831371 ALTA COMMITMENT FOR TITLE INSURANCE Commitment Number: issued by: COMMOnwealthTM LAND TITLE INSURANCE COMPANY NOTICE HS0831371 Amendment 2 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, Commonwealth Land Title Insurance Company, a Florida 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 one hundred eighty (180) days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Countersigned By: Terry N. Williams Authorized Officer or Agent Commonwealth Land Title Insurance Company By: Michael J. Nolan, President Attest: '7067 7•(--e--,, Marjorie Nemzura, Secretary This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 3 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO. HS0831371 AMENDMENT 2 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: ISSUING OFFICE: FOR SETTLEMENT INQUIRIES, CONTACT: Title Officer: Lynn Vance Escrow Officer: Cassandra D Garcia Heritage Title Company - Fort Collins Heritage Title Company - Fort Collins 3491 E. Harmony Road, Suite 110 3491 E. Harmony Road, Suite 110 Fort Collins, CO 80528 Fort Collins, CO 80528 Phone: 970-324-2052 Fax: 866-828-0844 Phone: 970-493-3059 Main Phone: 970-493-3051 Main Phone: (970)493-3051 Email: LVance@heritagetco.com Email: Cassandra.Garcia@heritagetco.com Order Number: 459-HS0831371-414 Property Address: Vacant land, Windsor, CO 80550 SCHEDULE A 1. Commitment Date: November 5, 2024 at 08:00 AM 2. Policy to be issued: (a) ALTA Owner's Policy 2021 Proposed Insured: Proposed Amount of Insurance: Tri-State Generation and Transmission Association, Inc., a Colorado cooperative association $217,800.00 3. The estate or interest in the Land at the Commitment Date is: Fee Simple 4. The Title is, at the Commitment Date, vested in: VI MA Partners, LLC, a Colorado limited liability company 5. The Land is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF PREMIUMS: Owner's Policy Premium Tax Certificate END OF SCHEDULE A $572.00 $13.50 This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 4 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 EXHIBIT "A" Legal Description A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: THE NE 1/4 OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 67 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 Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 5 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 COMMITMENT NO. HS0831371 COMMONWEALTH LAND TITLE INSURANCE COMPANY AMENDMENT 2 SCHEDULE B, PART I - Requirements All of the following Requirements must be met: 1. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. 2. Pay the premiums, fees, and charges for the Policy. 3. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. 4. The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): VI MA Partners, LLC, a Colorado limited liability company The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. 5. The Company will require, for its review, an insurable legal description for the Land the subject of this transaction. If a survey is being furnished, the survey must be prepared by a licensed State of Colorado registered land surveyor. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 6. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. NOTE: Statement of Authority for VI MA Partners, LLC, a Colorado limited liability company recorded August 21, 2024 at Reception No. 4977711 discloses the following person(s) authorized to sign on behalf of the entity, pursuant to Colorado Revised Statutes: Martin Lind, Member and/orViki Lind, Member and Manager 7. Furnish for recordation a partial release of deed of trust: Amount: Trustor/Grantor: Trustee: Beneficiary: Loan No. Recording Date: Recording No: $4,451.924.45 VI MA Partners, LLC et al Public Trustee of Weld County Points West Community Bank 32821 October 27, 2020 4644362 Assignment of Leases and Rents recorded October 27, 2020 at Reception No. 4644363. This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 6 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 COMMITMENT NO. HS0831371 COMMONWEALTH LAND TITLE INSURANCE COMPANY AMENDMENT 2 SCHEDULE B, PART I - Requirements (continued) 8. Furnish for recordation a partial release of deed of trust: Amount: Trustor/Grantor: Trustee: Beneficiary: Loan No. Recording Date: Recording No: $2,000,000.00 VI MA Partners, LLC, et al Public Trustee of Weld County Points West Community Bank 32822 October 27, 2020 4644434 Assignment of Leases and Rents recorded October 27, 2020 at Reception No. 4644435. Modifications of Deed of Trust recorded October 22, 2021 at Reception No. 4768884 and recorded October 6, 2022 at Reception No. 4859696 and recorded October 27, 2023 at Reception No. 4927953 and recorded October 9, 2024 at Reception No. 4987144. NOTE: Statement of Authority for Tri-State Generation and Transmission Association, Inc. recorded May 9, 2024 at Reception No. 4959306 discloses the following person(s) authorized to sign on behalf of the entity, pursuant to Colorado Revised Statutes: Duane Highley, Chief Executive Officer "The Authority of the foregoing person to bind the entity is limited as contained therein. Note: Exception number 5 will be removed from the Owner's Policy provided the Company conducts the closing. NOTE: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. END OF SCHEDULE B, PART I This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 7 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 COMMITMENT NO. HS0831371 COMMONWEALTH LAND TITLE INSURANCE COMPANY AMENDMENT 2 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 but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land and not shown by the Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. 6. Water rights, claims or title to water, whether or not disclosed by the Public Records. 7. All taxes and assessments, now or heretofore assessed, due or payable. NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes. 8. 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 as set forth below, and any and all assignments thereof or interests therein: Recording Date: June 23, 1906 Recording No: Book 233 at Page 46 9. Reservations, terms, conditions, provisions, agreements and obligations contained in the Deed as set forth below: Recording Date:July 7, 1941 Recording No: Book 1081 at Page 154 This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 8 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 COMMITMENT NO. HS0831371 COMMONWEALTH LAND TITLE INSURANCE COMPANY AMENDMENT 2 SCHEDULE B, PART II - Exceptions (continued) 10. Terms, conditions, provisions, agreements and obligations contained in the Contract and Grant of Easement as set forth below: Recording Date:March 22, 1948 Recording No: Book 1223 at Page 410 11. Terms, conditions, provisions, agreements and obligations contained in the Decree on Declaration of Taking as set forth below: Recording Date:September 11, 1961 Recording No: Book 1594 at Page 297 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Sinclair Pipe Line Company, a Delaware corporation Purpose: Pipeline Recording Date: May 13, 1969 Recording No: Book 1646 at Page 350 13. Terms, conditions, provisions, agreements and obligations contained in the Surface Owner's Agreement as set forth below: Recording Date:May21, 1984 Recording No: 1967601 14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Poudre Valley Rural Electric Association, Inc. Purpose: Overhead and/or underground electric line or system Recording Date: December 20, 1989 Recording No: 2200748 15. Terms, conditions, provisions, agreements and obligations contained in the Water Delivery Agreement as set forth below: Recording Date:June 27, 2001 Recording No: 2861219 16. Request for Notification of Surface Development recoreed May 28, 2002 at Reception No. 2955258. This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 9 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 COMMITMENT NO. HS0831371 COMMONWEALTH LAND TITLE INSURANCE COMPANY AMENDMENT 2 SCHEDULE B, PART II - Exceptions (continued) 17. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: KERR-MCGEE GATHERING LLC, a Colorado limited liability company Purpose: Pipeline Recording Date: September 21, 2005 Recording No: 3324853 18. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: KERR-MCGEE GATHERING LLC, a Colorado limited liability company Purpose: Pipeline Recording Date: September 21, 2005 Recording No: 3324857 19. 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. 20. All matters shown on the ALTA/ACSM Land Title Survey recorded May 5, 2008 at Reception No. 3551688. 21. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: KERR-MCGEE GATHERING LLC, a Colorado limited liability company Purpose: Pipeline Recording Date: March 2, 2009 Recording No: 3608371 22. Terms, conditions, provisions, agreements and obligations contained in the Town of Windsor Ordinance No. 2009-1348 as set forth below: Recording Date:October 21, 2009 Recording No: 3655177 23. All matters shown on the map of Zeiler Farms Second Annexation recorded October 21, 2009 at Reception No. 3655178. 24. Terms, conditions, provisions, agreements and obligations contained in the Town of Windsor Ordinance No. 2009-1349 as set forth below: Recording Date:October 21, 2009 Recording No: 3655179 25. All matters shown on the Zeiler Farms First and Second Annexation Master Plan recorded October 21, 2009 at Reception No. 3655180. This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 10 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 COMMITMENT NO. HS0831371 COMMONWEALTH LAND TITLE INSURANCE COMPANY AMENDMENT 2 SCHEDULE B, PART II - Exceptions (continued) 26. Terms, conditions, provisions, agreements and obligations contained in the Zeiler Farms Annexations and Master Plan Annexation and Development Agreement as set forth below: Recording Date:October 21, 2009 Recording No: 3655181 27. Any taxes or assessments by reason of the inclusion of the Land in the Northern Colorado Water Conservancy District as disclosed by Findings and Decree recorded September 29, 2010 at Reception No. 3721790. 28. Deed Restrictions contained in the Special Warranty Deed as set forth below: Recording Date:July 11, 2014 Recording No: 4029983 Partial Relinquishment of Restrictive Covenant recorded August 12, 2024 at Reception No. 4976174. 29. Terms, conditions, provisions, agreements and obligations contained in the Town of Windsor Resolution No. 2015-70 as set forth below: Recording Date:November 30, 2015 Recording No: 4161425 30. Terms, conditions, provisions, agreements and obligations contained in the Town of Windsor Ordinance No. 2015-1513 as set forth below: Recording Date:December 31, 2015 Recording No: 4169702 31. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: KERR-MCGEE GATHERING LLC, a Colorado limited liability company Purpose: Pipelines, appurtenant underground electric power lines, data transmission lines and equipment Recording Date: April 12, 2018 Recording No: 4390294 32. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Option Agreement for Purchase of Real Property as set forth below: Recording Date:May 14, 2024 Recording No: 4960072 NOTE: This Exception will not appear on the policy to be issued hereunder. This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 11 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 COMMITMENT NO. HS0831371 COMMONWEALTH LAND TITLE INSURANCE COMPANY AMENDMENT 2 SCHEDULE B, PART II - Exceptions (continued) Note: Item(s) above refer to recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate. END OF SCHEDULE B, PART II This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 12 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 COMMITMENT NO. HS0831371 COMMONWEALTH LAND TITLE INSURANCE COMPANY AMENDMENT 2 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. 1� "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; e. Schedule B, Part I -Requirements; 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. This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 1 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 COMMITMENT NO. HS0831371 COMMONWEALTH LAND TITLE INSURANCE COMPANY AMENDMENT 2 (continued) 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. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 9� 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for 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 Two Million And No/100 Dollars ($2,000,000.00) 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. END OF CONDITIONS This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 2 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 DISCLOSURE STATEMENT • Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 8-1-2 (Section 5), if the parties to the subject transaction request us to provide escrow -settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance 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 owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that Heritage Title Company - Fort Collins conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • Colorado Division of Insurance Regulation 8-1-2, Paragraph M of Section 5, requires that prospective insured(s) of a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. • Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f. of Section 5 - requires a title insurance company to make the following notice to the consumer: "A closing protection letter is available to be issued to lenders, buyers and sellers." • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes 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. • Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file a document that does not conform to requirements of this paragraph. • Section 38-35-109 (2) of the Colorado Revised Statutes, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 of the Colorado Revised Statutes, the Company is required to disclose the following information: o The subject property may be located in a special taxing district. This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 1 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 DISCLOSURE STATEMENT (continued) o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o 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. • Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: 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 that such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 -Requirements; Schedule B, Part 11 -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 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. AMERICAN LAND TITLE ASSOC,' ION ALTA Commitment for Title Insurance (07/01/2021) Printed: 11.11.24 @ 12:17 PM Page 2 CO -C W-FFAH-01610.114144-S PS -1-24-H S 0831371 -N/IRESAFE,. Inquire before you wire! WIRE FRAUD ALERT This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: http://www.fbLgov http://www.ic3.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Page 3 HS0831371-CG - WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective July 1, 2024 Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); • biometric data (e.g. fingerprints, retina or iris scans, voiceprints, or other unique biological characteristics, and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third -party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for these main purposes: • To provide products and services to you or in connection with a transaction involving you. Privacy Statement Printed: 11.11.24 @ 12:17 PM by V COD 1274.doc Page 4 CO-CW-FFAH-01610.114144-HS0831371 • To improve our products and services. • To prevent and detect fraud; • To maintain the security of our systems, tools, accounts, and applications; • To verify and authenticate identities and credentials; • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. • To provide reviews and testimonials about our services, with your consent. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Connecticut Residents: For additional information about your Connecticut consumer privacy rights, or to make a consumer privacy request, or to appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. For Colorado Residents: For additional information about your Colorado consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada's telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: aginquiries@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For additional information about your Oregon consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710 We may disclose the categories of Personal Information and Browsing information listed above to the following categories of third parties: • FNF affiliates and subsidiaries; Privacy Statement Printed: 11.11.24 @ 12:17 PM by V COD 1274.doc Page 5 CO-CW-FFAH-01610.114144-HS0831371 • Non-affiliated third parties, with your consent; • Business in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service providers; • Law endorsement or authorities in connection with an investigation, or in response to a subpoena or court order. For Texas Residents: For additional information about your Texas consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. We may disclose the categories of Personal Information and Browsing information listed above to the following categories of third parties: • FNF affiliates and subsidiaries; • Non-affiliated third parties, with your consent; • Business in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service providers; • Law endorsement or authorities in connection with an investigation, or in response to a subpoena or court order. For Utah Residents: For additional information about your Utah consumer privacy rights, or to make a consumer privacy request, please call (888) 714-2710. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. For Virginia Residents: For additional information about your Virginia consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good -faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Privacy Statement Printed: 11.11.24 @ 12:17 PM by V COD 1274.doc Page 6 CO-CW-FFAH-01610.114144-HS0831371 Accessing and Correcting Information; Contact Us If you have questions or would like to correct your Personal Information, visit FNF's Privacy Inquiry Website or contact us by phone at (888) 714-2710, by email at privacy@fnf.com, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Privacy Statement Printed: 11.11.24 @ 12:17 PM by V COD 1274.doc Page 7 CO-CW-FFAH-01610.114144-HS0831371 19J R 4029983 Pages: 1 of 2 07/11/2014 03:10 PM R Fee:$16.00 D Fee:$355.00 Steve Moreno; Clerk and Recorder; Weld County, CO VIII I ��Il lit 'Ir��l ' IOC IV/110 KM (lid Bill IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Special Warranty Deed (Pursuant to 38-30-115 C.R.S.) State Documentary Fee Date: July 09, 2014 $ 355.00 THIS DEED, made on July 09, 2014 by ZEILER FARMS, INC., A COLORADO CORPORATION Grantor(s), of the County of LARIMER and State of COLORADO for the consideration of ($3,550,000.00) *** Three Million Five Hundred Fifty Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to VIMA PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 1625 PELICAN LAKES POINT #201 WINDSOR, CO 80550, County of WELD, and State of COLORADO, the following real property in the County of Weld, and State of Colorado, to wit: THE NE 1/4 OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO **SEE ATTACHED EXHIBIT A DEED RESTRICTIONS also known by street and number as: VACANT LAND WINDSOR CO 80550 with all its appurtenances and warrants the title against all persons claiming under the Grantors), subject to general taxes for the year 2014 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Record Tide Matter (Section 8.1) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements, (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Of= Record Title Matters (Section 8.2) and Current Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special tax district; and other ZEILER FARMS, INC., A COLORADO CORPORATION[ CONRAD K-ZEILER AS PRESI County of WELD State of COLORADO NANCY A. LOHR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19924008574 My Commission Expires July 18, 2016 The foregoing instrument was acknowledged before me on this day of July 09, 2014 by CONRAD K. ZEILER AS PRESIDENT OF ZEILER FARMS, INC., A COLORADO CORPORATION Witness my hand and official seal. My commission expires 7 -1/16 Z/ air? t Public When Recorded Return to: VIMA PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY c* 1625 PELICAN LAKES POINT #201 WINDSOR, CO 80550 Form 13767 01/2011 swd.odt Special Warranty Deed (Photographic) FCC25119311 (19458396) EXHIBIT A DEED RESTRICTIONS Grantee agrees to forego any residential, commercial or industrial development of the Property for twenty (20) years following the date herein. Notwithstanding the foregoing, Grantee shall be allowed to construct up to four (4) farmhouses for caretakers of the Property. These deed restrictions shall encumber the Property, run with the land and be binding upon Grantee's successors and assigns. 4029983 Pages: 2 of 2 07/11/20]4 03:10 PM R Fee:$18.00 D Fee:$355.00 Steve Moreno, Clerk and Recorder, Weld County, CO IIIII Faill llMit 'liCh ktlilii «, l'IMiliVi llrh II II Hello