The URL can be used to link to this page

Browse Search

Home My WebLink About20231107.tiffPIT( Heritage Title Company Date: File No.: Buyer(s)/Borrower(s): Property: Assessor Parcel No.: 7251 W 20th St Building L, #100 Greeley, CO 80634 Phone: 970-330-4522 / Fax: 866-828-0844 July 8, 2022 459-HS0803921-416 HS Land & Cattle, LLC, a Colorado limited liability company 20203, 20609, 21171 & 21421 Highway 60, 12497 County Road 25 1/2, Milliken, CO 80543 R43404786, R4405986, R4406786, R4407786, R4468706, R4468806, R6778847, R6778848, R6777916, R6775878, R6777914, R0116001, R0116201, 105718000026, 105718000036, 105719000006, 105719000018, 105719100001, 105719100002, 105719100003, 105719100004, 105719300009, 105730200047, 105730200052, 105719000021 and 105719000023 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: Civil Resources 8308 Colorado Blvd. Suite 200 Firestone, CO 80504 Attn: Kyle Regan Phone: (303)833-1416 Fax: Email: kyle@civilresources.com END OF TRANSMITTAL Title Transmittal Printed: 07.08.22 @ 02:44 PM by V COD 1101.doc / Updated: 12.31.21 Page 1 CO-CW-FFAH-01610.114165-HS0803921 CLTA CHAIN OF TITLE GUARANTEE Guarantee Number: Issued By: re) COMMOnwealthTM LAND TITLE INSURANCE COMPANY HS0803921 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, COMMONWEALTH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Heritage Title Company - NoCo Region 7251 W 20th St Building L, #100 Greeley, CO 80634 Countersigned By: /144.7 Terry N. Williams Authorized Officer or Agent NNpTITLf/ vS.9 /$' z' SEAL ' 8 �o3 N? NfBRA5�P Commonwealth Land Title Insurance Company By: Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary CLTA Chain of Title (06/06/1992) Printed: 07.08.22 @ 02:44 PM Page 2 CO-CW-FFAH-01610.114165-SPS-0-22-HS0803921 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: 07.08.22 @ 02:44 PM Page 3 CO-CW-FFAH-01610.114165-SPS-0-22-HS0803921 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0803921 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 $350.00 $350.00 Lynn Vance 1. Name of Assured: Civil Resources 2. Date of Guarantee: July 1, 2022 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 HS Land & Cattle, LLC, a Colorado limited liability company pursuant to a Special Warranty Deed recorded January 31, 2018 at Reception No. 4372051 (Parcels I and II); Warranty Deed recorded June 7, 2004 at Reception No. 3186914 (Parcel III); *See below in and to the land described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Only the following matters appear in such records subsequent to August 30, 1972: 1. Parcels I and II: Reception No. 1541160 (SE4NE4 and NE4SE4 18-4-66) Reception No. 1540251 (S2SE4 18-4-66 and N2NE4 19-4-66) Reception No. 1540249 (E2NW4 and N2SW4 19-4-66) Reception No. 4372051 (all of Parcels I and II) 2. Parcel Ill: Book 452 Page 563 (S2SE4 19-4-66) Book 478 Page 535 (N2SE4 19-4-66) Book 1101 Page 125 Book 1501 Page 445 Reception No. 1679702 Reception No. 1848718 Reception No. 2042610 Reception No. 2045931 Reception No. 2146185 Reception No. 2751573 Reception No. 2777983 Reception No. 3186914 CLTA Chain of Title (06/06/1992) Printed: 07.08.22 @ 02:44 PM Page 4 CO-CW-FFAH-01610.114165-SPS-0-22-HS0803921 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0803921 SCHEDULE A (continued) 3. Parcel IV: Book 1398 Page 599 Reception No. 1535104 Reception No. 1713864 Reception No. 1713865 Reception No. 1716505 Reception No. 3309324 Reception No. 3309325 Reception No. 3655694 Reception No. 3655695 Reception No. 3719668 Reception No. 3815166 4. Parcel V: Reception No. 1596100 Reception No. 2054934 Reception No. 2181149 Reception No. 2182581 Reception No. 2187350 Reception No. 2188366 Reception No. 3596407 Reception No. 3597551 Reception No. 3815167 5. Parcel VI and VII: (N2NW4 30-4-66) (S2SW4 19-4-66) (RE -4931) (RE -4932) (Lot B RE -4932 and Lot B RE -4931) (Lot B RE -4932 and Lot B Re -4931) Book 1215 Page 265 Reception No. 1608188 Reception No. 1918019 Reception No. 2439340 Reception No. 2774236 Reception No. 3405196 Reception No. 3453065 (Lot B) Reception No. 3467267 (Lot A) Reception No. 3476744 (Lot A) Reception No. 4372050 (Lot A) *Special Warranty Deed recorded December 30, 2011 at Reception No. 3815166 (Parcel IV); Special Warranty Deed recorded December 30, 2011 at Reception No. 3815167 (Parcel V); Warranty Deed recorded February 5, 2007 at Reception No. 3453065 (Parcel VI); Quit Claim Deed recorded January 31, 2018 at Reception No. 4372050 (Parcel VII) This Guarantee does not cover: CLTA Chain of Title (06/06/1992) Printed: 07.08.22 @ 02:44 PM Page 5 CO-CW-FFAH-01610.114165-SPS-0-22-HS0803921 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0803921 SCHEDULE A (continued) 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: 07.08.22 @ 02:44 PM Page 6 CO-CW-FFAH-01610.114165-SPS-0-22-HS0803921 EXHIBIT "A" Legal Description PARCEL I: The SE 1/4 of the NE 1/4 and the NE 1/4 of the SE 1/4 and the S 1/2 of the SE 1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado Except those portions as described in Deeds recorded: November 20, 1939 in Book 1053 at Page 65 and October 14, 1958 in Book 1515 at Page 120 and August 6, 1959 in Book 1537 at Page 632 PARCEL II: The N 1/2 of the NE 1/4 and the E 1/2 of the NW 1/4 and the N 1/2 of the SW 1/4 of Section 19, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado Except those portions as described in Deeds recorded: January 7, 1941 in Book 1072 at Page 569 and January 30, 2013 at Reception No. 3906536 PARCEL III: Lots A and C Recorded Exemption No. 1057 -19 -4 -RE -2714 recorded June 30, 2000 at Reception No. 2777983, being the Southeast 1/4 of Section 19, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado PARCEL IV: Lot B, Recorded Exemption No. 1057-19-3-RE4932, recorded October 23, 2009 at Reception No. 3655695 , being a part of the S 1/2 of the SW 1/4 of Section 19, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado And Lot B, Recorded Exemption No. 1057-30-2 RE -4931, recorded October 23, 2009 at Reception No. 3655694 , being a part of the N 1/2 of the NW 1/4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado PARCEL V: Lot B, Recorded Exemption No. 1057-30-2 RE -4849, recorded December 23, 2008 at Reception No. 3596407 , being a part of the S 1/2 of the NW 1/4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado PARCEL VI: Lot B, Recorded Exemption No. 1057-19-01 RE -4379, recorded July 24, 2006 at Reception No. 3405196 , being a part of the S 1/2 of the NE 1/4 of Section 19, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado PARCEL VII: Lot A, Recorded Exemption No. 1057-19-01 RE4379, recorded July 24, 2006 at Reception No. 3405196 , being a part of the S 1/2 of the NE 1/4 of Section 19, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado CLTA Chain of Title (06/06/1992) Printed: 07.08.22 @ 02:44 PM Page 7 CO-CW-FFAH-01610.114165-SPS-0-22-HS0803921 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0803921 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: 07.08.22 @ 02:44 PM Page 8 CO-CW-FFAH-01610.114165-SPS-0-22-HS0803921 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0803921 (continued) 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. DETERMINATION AND EXTENT OF LIABILITY This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. CLTA Chain of Title (06/06/1992) Printed: 07.08.22 @ 02:44 PM Page 9 CO-CW-FFAH-01610.114165-SPS-0-22-HS0803921 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0803921 (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: 07.08.22 @ 02:44 PM Page 10 CO-CW-FFAH-01610.114165-SPS-0-22-HS0803921 Other valuableconsideration and ire �N..e.+...�.+.....valuable w..w..wn.MM.+.....wwrr.e.i.�/[e..w..�.., . ,. - YV" Ar en d _ ...w wrP '�«n.��` �..«.••........w....w.w...w•+.w«.w....w•.7r.w«r.. ..A.•••••• M..w•w...rr,��,,�Us,��.wFMNM+Qw.'1.�.I� eel �' and txx Ct0t,,. a 001 ""' o Corveratkon ' � ' • e ti ia....... Greele ..... - © CC034r o •..•••• Meld•w.•••w...w.w_.._........•._......amd the ealta at••••••••••21.04: Coloa do ...................... 0 A Itenhe eaed POM atty la the Caaa4 0f.-._..................V.M......•...,......... The Southeast Quarter (8.144) of the Northeast Quarter and the Northeast Quarter (lit) of the Southeast quarter (MO) of Section Eighteen (18), Township Poor (4) North, �� Snot (66) Vest of the 6th P.M. excerpting a parcel. o 3.12 acres previously conveyed by Deed recorded in B0t'1515, Page 120 of the Weld County Records; together with all water, water rights ditch and lateral rights appurtenant to said land, including all irrigation wells punpa, and three-tvelftha (3/12) interest in and, to the llbee-Worded Seepage Ditdh •0opwq; **daft egpatteetesees and entsnese the We WhetWhere^ echiset. toti... minearal reae » nations of record to the taxes for 197'0, ble in 1971; to inol i i11a"ein—i-Eir West area ey co oruerieVair="7131-06Fillr, Ant Pr4e tian Diatalg.t %....tautiaram W District, and the Central Weld -County atem - 1.� et, asp to i=►•te .#...a ,. . itch r ii a Jl. :.......... Ogled Ws— • ck.b4. ...••...••..rcio®of._...... ..x.................._....160. NM. ZM'. Rosalie R. Pivonka • Ira to e -I Ns to, .#e to 0 0• ssea ed MC__._.. 818 ,t,eept:ass, • DEC 1 51 9 VOWS smoonsintii amp This Deed blab tit* first died September . 69.lweaa Phelps Investment Company, aCo-Partnership et*. City and *save Denver sad ®bets of t7sie- iddv, et the fleet nut. nod Baton Cattle 41 Colorado corporation a eseaaestiea mooed sad NM*, wader and by oi:tue o< tbs lass of tip. Rate a< Colorado . of the ss.sad part: 1W1'1141llsf'1N. That the said tosrt Y et the fbst parts for axed to esmidaatios of the axes at other good and valuable considerations and Ten DOLLARS to the sold part y of the first net to head psld by tho saki party of the s.eos:d part, the receipt wissrecd is hereby eaafeased and acknowledged. bs s wasted. bentabsd. sold sad ooa .d. and by thaw weeel 6s dives grant. bargain, IA convey and confirm. sorts the add carts of the ascend park its neccee.ors and win= forever. ell of the following dsecribsd lot er wad of lead, ettum* Wes sad being g ba the assMy of Weld sad Sete of Ocitorade. to sit: Smith of the Southeast Quarter (81/2 SE 1/4) and Southeast Quarter of the ire Quarter ( SE 1/4 SW 1/4) of Section Eighteen (18), and the North Half of the Northeast Quarter ( N 1/2 NE 1/4) of Section Nineteen (19), all in Tc'vnship Pour (4) North, Range Sixty-six (66) West of the Sixth Principal Meridian, together with eight (8) shares of the capital stock of The Western Mutual Ditch Company, two (2) irrigation wells, including pumps, motors and all equipment relating thereto, excepting therefrom that certain parcel as conveyed by deed recorded in Book 1537 at page 632 of the Weld County records, with all its appurtenances, and warrants the title to the same, subject to the following: 1. 1969 taxes due and payable in 1970, and future assessments of Northern '�. Colorado Water Conservancy District. 2. Rights of way or other easements as granted .or reserved by instruments of . record or as now existing on said premises, including, but not limited to right- of-way as described in instrument recorded in Book 1032 at page 181, right-of- way as conveyed by deed recorded in Book 1053 at page 65, right-of-way as . conveyed by deed recorded in Book 1072 at page 569, and right-of-way as described in contract recorded in Book 1032 at page 183, all as contained in the Weld County records. • 3. Any and all reservations, limitations, conditions and exceptions contained in ' • instruments of record which in any way relate to or burden the above described premises, including, but not limited to that certain reservation contained in deed dated March 22, 1910, recorded April 8, 1910 in Book 320 at page 12 of • the Weld County records of all oil, coal, and other minerals within and under- lying the N 1/2 of the NE 1/4 of said Section 19, Township 4 North, Range 66 • West of the 6th P.M., Weld County, Colorado TOONVNIIR with all sad dome r the baeeditsaserr -' aggertarams its Weds( or is asp** opprotaboing, and the monks sad rsversi as. reasiedwr aed , ,mdse'. rea* Waft and petits thesedt and all whalaewao et tie said vat Y tithe ant w�..plane in law the estate. des. title. fyaMeost. deist sad dssrr ased or equity, of, b sad to the above bate w�tiw sad 8seorlhod. with the aaA� the ToHA�J'i AND TO Row tin said oasrdses � AM die add � Y of the first iw't. far said d of the sated v tie weed �a.do ver.a ooh• � bargain sad rive to wad with lb. raid f . i the Beers. omoe kors.wt. sad aasigas. that at tine Saw d the seseai6att aad dil ors of Woe the said war d tfa mead >�. � �°°� ae d aood, sore. priest, abrade sad aaab, it is well .eland of the venues cesci�"polar sad lowed ea ee!tr d indefeasible estate of is bsuitaaoo• in last, is fee simple. sad hs good right. �e ia Ramat and farn as aforesaid. sad that the _ we free and dear ten � baai ds.and aril and cosspanto, b► the sales. . tasee, aseoaaaa� and of whatever kind nature all fes>oeee sad a� its. >�*ia• and the above bargained presateos in the quiet and peeled voai1e'fon of the said party of the woad park its anceassers and asks, against all and eves► pap or parsons lawfully claiming or to dale the whole or say part thereof. the sold part y of the first part shall and will WARRANT AND FORM= DDDNND. IN wax= wasnor. The said vasty oldie first part hoes hereunto sot its' head and sal the day tad year first se writhes. - phi a Inv = x „t .!Co?!n.Pa. nX...ldtDl b" ' oro e s • ..partner ,,,,,...,,. .q. , $4,1 E . { nor COLORADO. ;= 4 t • anc�'••? 1a of Denver -4: b me this first day of 4''t was acknowledged �llf N. Phelps and Dorothy T. Phelps /0 . d' '•rbbaa„�ii'os April 1, 1970 . Witaltilifiar hand and .filial seal. i 1 o, o+ N O '-•t 14 wee '4 •o 0 ore 0 vsID toog Retarded t1EC 51969 itik-sue Usserden first This Deed. �taai this diF et s3aptembor It . anima William E. Phelps and Dorothy .Phelps 9ity and cou„b of Denver ' std die of Gobs• rd.%oetieBast part. and Eaton Cattle Co., a Colorado corporation a. a senora** orb and misting nailer and by virtue of the laws of the State of Colorado . at the second dart: _ WrnixisETE. That the said Wert Joe of the first part, for and in consideration et the sum of Ten and no/100ths DOLLARS to the said peales of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, have granted. bargained. sold sad conveyed. and by these presents do grant. bargain. sell. convoy and confirm. unto the .aid party of the ascend part. Its amens= and satins forever. all of the following described lot or parcel of land. situate. lying and being in the County of Weld and State of Colorado. to wit: The N 1/2 of the SW 1/4, and the E 1/2 of the NW 1/4, all in Section 19, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, together with all irrigation systems, pumping plants, motors, water rights, ditches, equipment and appurtenances now placed on said premises or used in connection with irrigation of said land WOWS= with all and singular the hereditament; and appurtesanc s thersmto belonging or in anywise appertaining. and the reversion and re'+owvtonc, remainder sad ressinders. rests, issues and profits thereof; and all the eatate, right, title, interest, claim and demand whatsoever of the said pert ies of the first perk either in law or equity. of, in and to the above bargained pressisss. with the hereditament' and appurtenance.. TO EATS AND TO HOLD the said premises above bargained and described. with the apprrrt ounces, unto the said pasta of the its srroosesors and assigns forever. And the said port ies of the first part. for he eel v®s, exoautc s, and adminlstsstoes.de covenant, grant, bargain aad agree to snd with the said party of the second part, its sucoessors and assigns, that at the time of the eneeeliag and delivery of thee, tolerate, it IX well ogled of the premises above conveyed, es of good. sure, perfect, absolute and Indefinable estatnef inheritance. la law. in fee simple. sad ha ye good right. full power sad lawful authority to grant. bargain. son and convey the same in manner and foam as aforesaid. and that the same are fires and clear from all former and other grunts. bargains, sales, liens, taxes, assessments end encumbrances of whatever kind or nature ter• except lien for General Taxes for the year 1970 and subsequent years; subject to restrictions of record, if any and except easements, rights of way and reservations of record; and the above bargained promises in the quiet and peaceful possession of the said party of the second part. its successors and assigns, against all and every person or persons lawfully or to claim the whole or any part thereof. the said' part of the first part shall and will WARRANT FORMER DEFBND. Hf warms WHEREOF. The add pastiest the first part hay hereon ^'� : sir haadt3 end seals the day and year first above written. ., the R bert G. S oval�Jr. STATE OF COLORADO. City and courts of Denver iss. ,men instrument was acknowledged before me this Ky wzpires April 1, 1970 WiTNESityis pd and official seal. _. /// ••,,, 4). • •.• r _. c or 11 em E oroth . Phelps first day of ••••GMEAL) -MEAL) September Notary Patin.• Ne. itaLIVAIMANTY DUD To couroanrrorr—lie PlastielnollOs =usgyres ow. MAe w.r lOr., , Deaver. ats.+o—sere 4372051 01/31/2018 02:47 PM Total Pages: 5 Rec Fee: $33.00 Doc Fee: $420.00 Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRANTY DEED Eaton Cattle Co., a Colorado corporation, 21421 Highway 60, Platteville, CO 80651 ("Grantor"), for the consideration of $4,200,000 and other valuable consideration, sells and conveys to HS Land & Cattle, LLC, a Colorado limited liability company, 20203 Highway 60, Platteville, CO 80651 ("Grantee"), the real property (`Property") located in Weld County, Colorado described on Exhibit A, attached and incorporated by reference, with all appurtenances, including irrigation wells (Well Permit Nos. 8797 0206016; 8798 0206017; 8818-F 0206018; 4460-R 0206019; 19924-7 0206021; 19924-8 0206014); Reserving, however, to Grantor, its successors and assigns, all rights to any and all minerals, ores and metals of any kind and character, and all coal, asphaltum, oil, gas or other like substance, together with any geothermal resources located on, in or under the Property. Grantor warrants title to the Property against all persons claiming by, through or under Grantor, subject to the matters listed on Exhibit B, attached and incorporated by reference. Dated January 30, 2018. GRANTOR: 1,�K�.•arl • - I STATE OF COLORADO ) ss. COUNTY OF Eaton Cattle Co, a Colorado corporation .a�1 (- ) By: ton Phelps, President The foregoing instrument was acknowledged before me this 30th of January, 2018, by Ann Eaton Phelps, as President of Eaton Cattle Co., a Colorado corporation. Witness my hand and official seal. My commission expires: 7 .. S]S ;Z'4L 7,tbt'tki Notary Public ]9LWaCTSG P40011 antic Co\Pmpee[v 3t1 \C asiog DoedSpeco! Weepo ty need 012318 foaidoex 4372051 01/31/2018 02:47 PM Page 2 of 5 EXHIBIT A TO SPECIAL WARRANTY DEED (From Eaton Cattle Co. to HS Land & Cattle, LLC) Legal Description of Property PARCEL I: THE SE 1/4 OF THE NE 1/4 .AND THE NE 1/4 OF THE SE 1/4 AND THE S 1/2 OF THE SE 1/4 OF SECTION 18, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPT THOSE PORTIONS AS DESCRIBED IN DEEDS RECORDED: NOVEMBER 20, 1939 IN BOOK 1053 AT PAGE 65 AND OCTOBER 14, 1958 IN BOOK 1515 AT PAGE 120 AND AUGUST 6, 1959 IN BOOK 1537 AT PAGE 632. PARCEL II: THE N 1/2 OF THE NE 1/4 AND THE E 1/2 OF THE NW 1/4 AND THE N 1/2 OF THE SW 1/4 OF SECTION 19, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPT THOSE PORTIONS AS DESCRIBED IN DEEDS RECORDED: JANUARY 7, 1941 IN BOOK 1072 AT PAGE 569 AND JULY 23, 2010 AT RECEPTION NO. 3707103 AND JANUARY 30, 2013 AT RECEPTION NO. 3906536. A-1 GJM 01/30/2018 4372051 01/31/2018 02:47 PM Page 3 of 5 EXHIBIT B TO SPECIAL WARRANTY DEED (From Eaton Cattle Co. to HS Land & Cattle, LLC) Title Exceptions 1. ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT THAT 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. MATTERS SHOWN ON THE IMPROVEMENT SURVEY PLAT OF THE PROPERTY PREPARED BY ALEX RONDALL PERKINS DATED DECEMBER 10, 2008. 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. RIGHTS OF THIRD PARTIES (IF ANY) RESULTING FROM ANY FENCES NOT BEING LOCATED ON PROPERTY BOUNDARY LINES. 6. TAXES AND ASSESSMENTS FOR 2018 AND SUBSEQUENT YEARS. 7. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER_ 8. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 9. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR. ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE PLATTE RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 07, 1878, IN BOOK 20 AT PAGE 216. 11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 22, 1891, IN BOOK 51 AT PAGE 154. 12. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY RECORDED JULY 07, 1898 IN BOOK 130 AT PAGE 122. 13. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY RECORDED FEBRUARY 11, 1889 IN BOOK 130 AT PAGE 206 AND SEPTEMBER 3, 1895 IN BOOK 123 AT PAGE 540_ 14. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY DEED RECORDED JULY 22, 1903 IN BOOK 208 AT PAGE 123. 15. RESERVATIONS MADE BY UNION PACIFIC RAILROAD COMPANY, IN DEED RECORDED MARCH 22, 1910, IN BOOK 320 AT PAGE 12, PROVIDING SUBSTANTIALLY AS FOLLOWS: RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR SAME, ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS B-1 GIM 01/30/2018 4372051 01/31/2018 02:47 PM Page 4 of 5 MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME. 16. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY CONTRACT RECORDED OCTOBER 07, 1938 IN BOOK 1032 AT PAGE 179. 17. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY CONTRACT RECORDED OCTOBER 07, 1938 IN BOOK 1032 AT PAGE 181 AND 183. 18. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY CONTRACT RECORDED JUNE 03, 1948 IN BOOK 1228 AT PAGE 242. 19. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED IN DEED, RECORDED JUNE 05, 1962, IN BOOK 1616 AT PAGE 345, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 20. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY AND COVENANTS IN DEED RECORDED FEBRUARY 28, 1877 IN BOOK 22 AT PAGE 26. 21. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 22, 1908 IN BOOK 131 AT PAGE 213. 22. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 12, 1948 IN BOOK 1227 AT PAGE 152. 23. RESERVATIONS BY THE UNION PACIFIC RAILROAD COMPANY OF: (1) ALL OIL, COAL AND OTHER MINERALS UNDERLYING SUBJECT PROPERTY, (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, (4) THE RIGHT TO MAINTAIN AND OPERATE ITS RAILROAD IN ITS PRESENT FORM OF CONSTRUCTION, AND TO MAKE ANY CHANGE IN THE FORM OF CONSTRUCTION OR METHOD OF OPERATION OF SAID RAILROAD, ALL AS CONTAINED IN DEED RECORDED APRIL 08, 1910, IN BOOK 320 AT PAGE 12. 24. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY CONTRACT RECORDED OCTOBER 07, 1938 IN BOOK 1032 AT PAGE 183. 25. OIL AND GAS LEASE RECORDED MARCH 24, 1972 UNDER RECEPTION NO, 1590171 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED AUGUST 12,1974 UNDER RECEPTION NO. 1642522. 26. OIL AND GAS LEASE RECORDED JULY 22, 1975 UNDER RECEPTION NO. 1665477 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY Mt, iDAVIT OF PRODUCTION WAS RECORDED JANUARY 30, 1976 UNDER RECEPTION NO. 1680182. 27. TERMS, CONDITIONS AND PROVISIONS OF ORDER RECORDED SEPTEMBER 01, 1978 AT RECEPTION NO. 1765389. 28. OIL AND GAS LEASE RECORDED AUGUST 09, 1982 UNDER RECEPTION NO. 1899985 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED AUGUST 15, 1984 UNDER RECEPTION NO. 1977652. 29. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE RIGHT OF WAY GRANT RECORDED MARCH 31, 1983 AT RECEPTION NO. 1922082. 30. TERMS, CONDITIONS AND PROVISIONS OF STIPULATION AND CROSS -CONVEYANCE RECORDED APRIL 29, 1983 AT RECEPTION NO. 1925155. B-2 GIA 01/30/2018 4372051 01/31/2018 02:47 PM Page 5 of 5 31. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE RIGHT OF WAY GRANT RECORDED JULY 20, 1984 AT RECEPTION NO. 1974813. 32. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE RIGHT OF WAY GRANT RECORDED SEPTEMBER 04, 1985 AT RECEPTION NO. 2023466. 33. OIL AND GAS LEASE RECORDED DECEMBER 02, 1985 UNDER RECEPTION NO. 2033920 AND 2033921 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY Al. h1DAVIT OF PRODUCTION WAS RECORDED MAY 04, 1987 UNDER RECEPTION NO. 2098217. 34. TERMS, CONDITIONS AND PROVISIONS OF SURFACE OWNER'S AGREEMENT RECORDED OCTOBER 14,1985 AT RECEPTION NO. 2028401. 35. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE RIGHT OF WAY GRANT RECORDED JANUARY 05,1988 AT RECEPTION NO. 2126830. 36. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE RIGHT OF WAY GRANT RECORDED FEBRUARY 28, 1991 AT RECEPTION NO. 2242578. 37. TERMS, CONDITIONS AND PROVISIONS OF VALVE SITE CONTRACT RECORDED DECEMBER 17, 1992 AT RECEPTION NO. 2314923. 38. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE RIGHT OF WAY CONTRACT RECORDED DECEMBER 17, 1992 AT RECEPTION NO. 2314924. 39. OIL AND GAS LEASE RECORDED AUGUST 18, 1993 UNDER RECEPTION NO. 2346757 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED JULY 28, 1994 UNDER RECEPTION NO. 2399711. 40. TERMS, CONDITIONS AND PROVISIONS OF BLOCK VALVE SITE AGREEMENT RECORDED MARCH 30, 1998 AT RECEPTION NO. 2602407. 41. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE RIGHT OF WAY GRANT RECORDED AUGUST 26, 2002 AT RECEPTION NO. 2981188. 42. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT, RIGHT OF WAY AND SURFACE USE AGREEMENT RECORDED AUGUST 24, 2004 AT RECEPTION NO. 3211980. 43. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT REGARDING DITCH LATERAL RECORDED MAY 19, 2009 AT RECEPTION NO. 3623994. 44. TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT TO RIGHT OF WAY CONTRACTS RECORDED SEPTEMBER 29, 2009 AT RECEPTION NO. 3651298. 45. TERMS, CONDITIONS AND PROVISIONS OF SECOND AMENDMENT TO RIGHT OF WAY CONTRACTS RECORDED JULY 14, 2014 AT RECEPTION NO. 4030444. 46. TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT TO BLOCK VALVE SITE AGREEMENT RECORDED JULY 14, 2014 AT RECEPTION NO. 4030445. 47. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED AUGUST 1.3, 2014 AT RECEPTION NO. 4037893. 48. TERMS, CONDITIONS AND PROVISIONS OF REQUEST FOR NOTIFICATION RECORDED DECEMBER 21, 2007 AT RECEPTION NO. 3525268 AND OCTOBER 15, 2007 AT RECEPTION NO. 3511023. 49. EXISTING LEASES OR TENANCIES, IF ANY, INCLUDING, WITHOUT LIMITATION, ANY OIL AND GAS LEASES AND SURFACE USE AGREEMENTS NOT OTHERWISE LISTED ABOVE. 50. RESERVATION BY UNION PACIFIC RAILROAD COMPANY CONTAINED IN INSTRUMENT RECORDED APRIL 13, 1955 IN BOOK 1416 AT PAGE 243, AND ANY AND ALL INTERESTS THEREIN OR RIGHTS THEREUNDER. 51. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT RECORDED MAY 28, 2002, UNDER RECEPTION NO. 2955109. B-3 GJM 01/30/2018 WARRANTY DEED RECORD. —The C. F. Hocekel Blank Book E Litho. Co.. Denver, Colo. ?2050 Are��`fo21.0 WARRANTY DEED STATE �OF COLORADO, t Co . usin fssOF WELD, This Warrant Deed filed for record at goo cic ..,_.M.;' / —KI,g 7..7__, isi1o.. Recorder. uty. this Mee8, Made this 4,7 day of_...F....�'_......... -�- ..... in the year of our Lord one thousand -nine hundred and... , between of the Comity of -------le.--/ and State of Colorado; of the first part, and.._.._. of the -- County of_.._... /-e-�r , and State of Colorado, of the second part: WITNESSETII, That the said part. ....of the first part, for and in consideratim5. of the sum to the said party _._.of the first part in hand paid by the said par._..of the second part, the receipt whereof is hereby confessed and acknowledged, 11a:4 granted, 6argained, sold and conveyed, and by these presoeents do,e rv.._grant, bargain, sell, convey and confirm unto the said part....._.of the second part, heirs and assigns forever, all the following described lot..%r parceLr.of land, situate, lying and being in the County of Weld and State of Colorado, to -wit: /9, TOGETHER with all and singular the Irereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part__. ..._of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditarnents and appurtenances. T,ttAVE AND TO HOLD theudat,-.,:lepremises above bargained and described, with the appurtenances, unto „9,1 the second par ,. eirs and assigns forever. And the said - i .r�e....� .. .. ..._. part_. ....of the first part, fo ... ... ... .. _... .....p.. � heirs, executors and administrators, do_e - ➢ovenant, grant, bargain and agree to d Eft the said part.. the sec d part, 7i heirs and assigns, that at the time of the ensealing and delivery of these presents we seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ham good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and cl r from all fmer and other grants, bar ins, sales, liens, taxe , asses ents and incumbrances of whatever ]rind nature soever- the said part .. . o;co-eiJ �2Prir� ( and the above bargained premises, in the quiet and peaceable possession of the said part against all and every person or persons lawfully claiming or to claim the whole or any p will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said par first above written. Signed, Sealed and Delivered in Presence of STATE OF COLORADO, / ss. COUNTY OF S/S/r- I' a Not 3, Public in and for —said-Z—e: of the second part, _ _ _heirs and assigns, thereof, the said part G " of the first part shall and -of the first part haQ_hereunto set..... (.. / hand — and seal — the day and year [SEAL] [SEAL] [SEAL] [SEAL] County, in the St oresaid, do hereby certify that .. r who is personally known to me to be the person..—.p...whose name rr_a subscribed to the —e-e-°--e-e----c. - D d, appeared before me this day in person and acknowledged that...... -e9 -......signed, sealed and delivered the said instrument of writing as .free and voluntary act for the uses and purposes therein set forth Given under my hand and1 atLe anal, this..._.,,? day of__ My commission expires /f/f , A. D. 19/6 Notary Public. 535 WARRANTY DEED RECORD. —The C. F. Hoakol Black Hook $ Lithe. Co., Denver, Colo. 20031 TOGETHER with all and singular the bereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate; right, title, interest, claim and demand whatsoever of the said-part,cP_A-,of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the,Q l_premises above bargained and described, with the appurtenances, unto R No_ y WARRANTY DEED PROM STATE OF COLORADO, l ss. County CF WELD, 1 This Warranty Deed was filed for record ao at...C1..�o'clock- /..I -------- --.-`f---, 191? Recorder. Deputy. tbis .SVeeb, Made this ..1.‘day of in the year of our Lord one thousand nine hundred and-__. µP.d/...�..�-�1 �� between �—� ip --— eZ �rz�P/1/�l!�ra P!dPl..�i ��tie�i of the County of first part, and.__ '%.4<Yith,1 ?1/ 99 fP L� , �k2�rand State of do, of the .�o'�. of the -- County of 75 , and State of Colorado, of the second part: WITNESSETH, That the said park .Gucc the first part, for and in consideration of the sum nS, to the said part 'a the first part in hand paid by the said part.g0A.Pif the second part, the receipt whereof is hereby confessed and acknowledged, ha..wanted, bargained, sold and conveyed, and by these presents do — grant, bargain, sell, convey and confirm unto the said part..dsodrf the second part,.�n..0. ..heirs and assigns forever, all the following described lot —or parcel- of land, situate, lying and being in the County of Weld and State of Colorado, to -wit: i .ac• CGO the said part.d24.o the second part,,... dp�t2� ipp21 hh>eirs a/r/�d assigns forever. And the /�said p _pp A_e r yei . - tans �C//_GG[ILP,✓roo — .s2. Tp 2L-d%-- part_4 Q of the first part, for7lhPlr? d8- " p�� heirs, executors and administrators, do — covenant, grant, bargain and agree to and with the said part of the second part, , 6 �0- - t heirs and assigns, that at the time of the ensealing and delivery of these presents ‘a....4.e_- well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, kind ha-u,e-. good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and. clear from all former and other grants, bargains, sales, liens taxes, assessmendttssr and incumbr y noes of whatever kind P-2� nature soever: 4 - --- .....- - -- _ .,,.2 �Ea: .�i?dli.?:Fl� .. tz 4--/44l ✓C-p'.'-l-r.it f.� (-,c e O. 0e..) . - — .� .. r -A -v /yL7 ' and the above bargained premises, in the quiet and peaceable possession of the said part....�ol..� L .of the second part, nn 2A2 heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part....�C.P.�..of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said parttof the first part ha.o-whereunto set hand.,S...and seal the day and year first above written. Signed, Sealed and Delivered in Presence of [SEAL] [SEAL] [SEAL] [SEAL]. STATE OF COLORADO, ss. COUNTY OF.. -_f /-�C/✓rF� I,----- a Notary Public n and for - aid County, in the Statiep�'{o said, o hereby certify that - ..- f!/ Pau o- who personally known to me to be the person.xts--whose name-- d- subscribed to the...L2—on Deed, appeared before me this day in person and acknowledged that. signed, sealed and delivered the said instrument of writing ast/1 free and voluntary act for the uses and purposes erein set forth Given under my hand and.�seal, this Zot-I day of. My commission expires f A. D. 19./2,,% Notary Public. kscN V. 1042 - e Reception No." s Ann Spomec, Rocordor 8001t1101. PAGE 125 STATE OF COLORADO,) • ) SS. COUNTY OF WELD. ) IN THE DISTRICT COURT T No. 2027 In - the Matter of the Estate of) DECREE OF COURT OH PETITION TO JULIA BRECi OE, ) ' REOPEN ESTATE TO DET FNII;E DEVI- -) SEES TAKING IN iEI «IEDER. Deceased.. ) This cause came on for hearing on this day on the petition of John D. Breckon and Howard:«. Breckon to determine devisees taking in remainder under the Last Fill and Testament of said deceased upon the death of Jesse Curtis Breckon, life tenant, and the Court now having examined the files and records in said cause finds that under the decree of final settlement it was pro- vided that upon the death of Jesse Curtis Breckon theabove en- titled estute might be reopened and further proceedings had therein, that this provision of said decree was intended for the purpose of fixing person or persons taking in remainder after the death of the said Jesse Curtis Breckon. This Court further finds from the records in said cause that whensaid estate proceedings were commenced the only children of Jesse Curtis Breckon then living were John D. Breckon and Howard W. Breckon, and the Court further finds that by the terms of the decree of final settlement, it was ordered that the sum of Six Thousand Six Hundred Forty-six and 8/100 Dol- lars (Y;6646.08) should be held by Jesse Curtis Breckon during his lifetime and be entitled to any income that might be de- rived therefrom; that - Upon on his death the same should then belong to those taking in remainder under the provisions of said will. Further that any real estate belonging to said Julia Breckon in her lifetime should likewise pass under the terms of said will to Jesse Curtis Breckon for and during his life but upon his death the title to said real estate should be and become the -1- gpO4t0i PAU i26 property of the grandchildren of said deceased and that if any child or children should depart this life ..leaving issue, the issue of such children should take the part of such de- • ceased grandchild. And the Court further finds from a decree of final settle- ment and heirship in the estate of Jesse Curtis Breckon entered by the County Court in the City and County of Denver that Jesse Curtis Breckon departed this life on the 23rd day of January, 1941, leaving as his only children the two petitioners herein, that is to say, John Denver Breckon and Howard Westfield Breckon, also known as John Ds Breckon and Howard Breckon; that from said decree of heirship this Court further finds that there were no other children born of Jesse Curtis Breckon leaving issue him or them surviving, and the Court further finds that the said pe- titioners, Howard W. Breckon and John D. Breckon have waived any interest in the sum of Six Thousand Six Hundred Forty-six and 8/100 (36646.08) Dollars or any part thereof mentioned in said decree of final settlement in said estate, and that no account- ing of the aforesaid sum by the deceased is therefor required. It is, therefore, ORDERED, ADJUDGED, and DECREED that John Denver Brockon, also known as John Ds Breckon, and Howard V oatfield Breckon, also known as Howard Ei. Breckon, are the sole and only grandchildren of Julia Breckon, deceased, entitled to take in re- mainder under the terms of her said Last Will and Testament, that the said John D. Breckon, also known as John Denver Breckon, and Howard W. Breckon, also known as Howard r estfield Breckon, are en- titled to the real property and water rights belonging to Julia Breckon at the time of her death. Entered by the Court this 18th day of November., A0 D. 1942. Judge. -2- BOOK 1101 PAGE127 STATE OF COLORADO ) COUNTY OF WELD )ss' IN COUNTY COURT As Clerk of said court I hereby certify that the within and foregoing is a true and complete copy of DECREE OF COURT ON PETITION TO REOPEN ESTATE TO DETERMINE DEVISEES TAKING IN REMAINDER: RE ESTATE OF JULIA BRECKON, Deceased - No. 2027. • WITNESS My hend and official seal at Greeley in said county and state this \1 ]38th day of November , 1942 . ,, ' a . c . By G%!G'' Clerk Deputy. 6011k 1501 PAGE Recorded at..... o, 21g1°;',94,ANN 9f'UF9iii Reception No.._ _Recorder. 445 REAL ESTATE CONVEYANCE 0 THIS DEED, Made this 24th day of April in the year of our Lord one thousand nine hundred and fifty—eight between JOHN D. BRECKON County of of the City & Denver and State of Colorado, of the first part, and HOWARD W. BRECKON of the City & county of Denver and State of Colorado, of the second part: WITNESSETH, That the said partY of the first part, for and in consideration of the sum of Ten Dollars and other valuable considerations Daaairtrs; to the said party of the first part in hand paid by the said partY of the second part, the receipt whereof is hereby confessed and acknowledged, haS granted, bargained, sold and conveyed, and by these presents dce S grant, bargain, sell, convey and confirm, unto the said par® of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to -wit: n ilndivided one-half interest in and to the Southeast one -quarter SEA) of Section 19 Township 4 North, Range 66 West, Weld County, olorado, excluding all minerals. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said part y of the second part, his heirs and assigns forever. And the said party of the first part, for himself , his heirs, executors, and administrators, do es covenant, grant, bargain, and agree to and with the said par of the second part, hi S heirs and assigns, that at the time of the enscal- ing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the seine are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever lcind or nature soever. Except taxes for the year 1958 and subsequent. and the above bargained premises in the quiet and peaceable possession of the said party of the second part, hiS heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said party of the first part ht6 hereunto set his hand and seal the day and year first above written. STATE OF COLORADO City & County of Denver }ss. The foregoing instrument was acknowledged before mee this A. D.19 58 , by John D. Breckon my'et:mission expires January 26 o ;Q i t i r :..0�I.re.G'� ) �S (SEAL) ihn D. • reckon (SEAL) (SEAL) 24th day of April , 1s 59 . Witness my hand and official seal. J ] Notary Public. l4 9:{Y. W RANTI`DEED.—For Photoftrophir Record. '�'. ✓-•'i�rnd(,.,,(N binnon Pte. Co., MCfre. Robinson.'Legal Si,,!,., 1824.49 Stout St., Denver, Colo. day of husband ct'.o'clock__....f...Dt, ,150 Recorded at............q...L.�..w......... O Reception No........1g .9.702.... THIS DEED, Made this 19 76between JAN 2 6 1916 January Howard W. Breckon and Evelyn P. Breckon, husband and wife, of the City and County of Denver Colorado, of the first part, and and State of RECORDER'S STAMP State Documentary Foe Date JAN2G1976 . ..............._.._.........___ R. O. Pyeatt and Alice Pyeatt of the County of We 1 d and State of Colorado, of the second part: WITNESSETH, that the Bald part ies of the first part, for and in consideration of the awn of DOLLARS, One hundred seventy thousand and no/100 to the said part ie S of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha we granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not In tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to wit: The SE 1/4 of Section 19, Township 4 North, Range 66 West of the 6th P.M. Excepting and reserving, however, unto HOWARD W. BRECRON, his heirs and assigns forever, an undivided one-half interest in and to all minerals, including but not limited to oil, gas and coal. TOGETHER with all and singular the hereditament and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditamenta and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part ies of the first part, for them eel yes , the 1&a, executers, and adminietratere do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these prea- ents they arewcll seized of the premises above conveyed, as of good, sure, perfect, absolute and Indefeasible Mate of inheritance, in law, in fee simple, and ha ve good right, fall power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taws, assessments and encumbrances of whatever kind or nature seevery EXCEPT general taxes for 1976 and subsequent years, and EXCEPT„.4, easements, restrictions, rights of way, and leases of record, if any, and the above bargained premises in the quiet and peaceable possession of the acid parties of the second part, their heirsand assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part 1e$ of the first part ha ye hereunto set theitmnd s and seal s the day and year first above written. Signed, Sealed and Delivered in the Presence of [SEAM Howard W. Breckon .%( r.;:yr • .l' >- - l' r�2-�r.._L�.6:::� [SEAL] Evelyn P'. Breckon Husband and Wife STATE OF COLORADO, [SEAL] Cd,Xot" W,[1,. Countyof Denver }ss. ,°\N.11 .• tj *.•• The foidgobig instrument was aclmowledged before me this a% iflifDpy.?yoward W. Breckon and Evelyn P. Breckon, and wife. ^' A�tY L1 �Iy Jt dtplree , 19 . Witness my hand official seal. Paula. No. 121. WAaIANTT orate—Ta Mat Teasels. —Bedford Publishing Co.. Iat4tt Stout Street Dram, Colorado -8-7S •If by natural person or peruses hero insert name or names; if by person acting in ee rerenlative or official capacity ar es attorney-1.•faot, then Insert nof parson executor, attorney -in -fact or other capacity or description; if by officer of cor- poration, then Insert gearns A f ouch fficer or officer. as lbe president or other officer. of such corporation, naming It —Statutory Amen 1 Coloreds Itetlood Stnil,ire taaa. SKLD, Inc. HT SKL19458 WE 1679702-1976.001 c=a' 929 Recorded at . S / o'clock_ fit Reception No. _1846118____ Weld County, Colorado FEB 22198.1 .r " Pltl�alt�-+r Recorders /—/ 1i THIS DEED, Made this 30th day of January . 19 81 , between R. O. PYEATT and ALICE PYEATT of the County of Weld and State of Colorado. of the first part, and M. E. FRITZLER !r CO., A Partnership whose legal address is 20730 Weld County Rd. 31 Gilcrest, Colorado 80623 of the County of Weld and State of Colorado, ,f the second part: Documentary i'ee FEB 21961 s�:-Qom..,_._ WITNESSETH, That the said part ies,f the first part, for and in consideration of OTHER GOOD AND VALUABLE CONSIDERATION AND TEN AND NO/100 DOLLARS to the sold parties of the first part in hand paid by said part y of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by there presents do grant, bargain, sell, convey and confirm. unto the said party of the second part, her heirs and assigns for. ever, all the following described lot or parcel of land, situate, lying and being lot 1w County of Weld and State of Colorado, to wit: The Southeast Quarter (SEt) of Section 19, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado; Together with (4) irrigation wells adjudicated under Case No. W-359 and registered with the State Engineer of the State of Colorado as Well Nos. 3-19924, 4-19924, 5-19924 and 6-19924, and together with 16 shares of the capital stock of The Western Mutual Ditch Company. also known as greet and number 20203 Colorado State Hwy. 60, Platteville, Colorado 80651 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise upper• Wining, and the reversion and reversions. remainder and remainders, rents, issues and profits thereof, and nil the notate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditament and appurtenances. TO HAVE AND TO (HOLD the said premises above bargained and described with the appurtenances, unto the said party of the second part, her heirs and assigns forever. And the said part ies of the first part, for them sal yes, heirs, executors, anti administrators, do covenant, grant, bargain, and agree to and with the said part y of the second part, her heirs and assigns, that at the time of the enaealing and delivery of these presents, they are welt seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, lions, taxes, assessments and eneumbranres of whatever kind of netureooever. EXCEPT 1981 taxes due and payable in 1982; SUBJECT TO conditions, covenants, easements, exceptions, reservations, restrictions, rights of way, patent reservations, oily gas and mineral reservations, conveyances and leases of record, burdens of existing fire protection districts, soil conservation districts and any other improvement districts; and SUBJECT TO existing Deed of Trust from R. 0. Pyeatt and Alice Pyeatt to the Public Trustee for the use of Howard W. Sreckon with a current principal balance of $62,500.00 which Grantors herein agree to pay, and the above bargained premises in the quiet lino' peaceable possession of the said party of the second part, her heirs unit assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ion of the first part shall and will WARRANT AND FOREVER DE FEND. IN WITNESS WHEREOF, the said part ies of the first part have hereunto settheirhand s and seal s the day and year first above written. _ 1 R. O (ISEALI Py/- C/C!' 7"` _.(SEAL) Alice Pyeatt`, _.(SEA 1.1 STATE OF COLORADO, fountyof Weld ,,,.0111e tbi"ni, strument was acknowledged before met his 30th day of January fj ,;'1,9, ,by••./;ft O. Pyeatt and Alice Pyeatt ,' Mycontntissidnealitres &c.tlo-i.-ty_ ..75" ,1U X/(/.Witnneeessslay hand andoffietalKral. \ • - ` G ?_F712. _.'')5: 1 J_:W`�. fc.-c.vvs, i"-r Li . , Sf b� No. esse WARRANTY DUD,. -tree t't ingwtae a.ev4- anerad New*, C.., Dear, Cokwa. n•TB SKLD, Inc. HT SKL19458 WE 1848718-1981.001 B 1102 REC 02042610 02/11/86 16:27 $3.00 1/001 F 1623 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2042610 Cc Fee WARRANTY DEED State Documentary Fee Dote Ee.h,r�_Li. 1 ;:A'L.;o KNOW ALL MEN BY THESE PRESENTS, That I, M. E. FRITZLER AND CO. whose address is 20730 W. C. R. #31, Gilcrest, Colorado, for the consideration of Three Hundred Nineteen Thousand and no/100 Dollars in hand paid, hereby sell and convey to R. O. PYEATT and ALICE J. PYEATT, as joint tenants, whose address is 238 - 41st Avenue, Greeley, Colorado, the following real property in the County of Weld and State of Colorado to wit: The SEA of Section 19, Township 4 North, Range 66 West of the 6th P.M., Weld County Colorado, together with 4 irrigation wells adjudicated under Case No. 359 in Water Division 1, State of Colorado under numbers 3-19924, 4-19924, 5-19924, and 6-19924, and together with 16 shares of the capital stock of Western Mutual Ditch Company, with all its appurtenances and warrant the title to the same subject to 1985 taxes payable in 1986; to deed of trust to the Public Trustee of Weld County for the use of Howard W. Brecken, recorded January 26, 1976 in Book 758 as Reception No. 1679703, Weld County Records, which the Grantees assume and agree to pay to deed of trust, trustee, to the Public Trustee, recorded February 2, 1981 in Book 297 as Reception No. 1848719, which the Grantees assume and agree to pay; to right of reservation of oil, coal, minerals and ways of ingress and egress as set forth in deeds recorded in Book 320 at Page 2 and in Book 233 at Page 240; easements for pipelines as set forth in instruments recorded in Book 1032 at Page 187, Book 736 under Reception No. 1658029, in Book 1068 under Reception No. 2008504 and in Book 1072 under Reception No. 2012326; rights of way for public highways as set forth in Book 86 at Page 273 and in Book 1072 at Page 568; and underground facilities of the Mountain Bell Telephone Company, Panhandle Eastern Pipeline Company, Union Rural Electrification Association, Public Service Company and Western Slope Gas Company; and easements, claims of easements not shown by the public records. Signed this STATE OF COLORADO ) COUNTYOF WELD ) 11,E I1I3111I,44.-I. L e./ ''4'he fo egoing instrument was acknowledged before `e this N;.--: ) ',,'• s,ot of r,.inn , 1986 by 7 ) (__.... ,1 i 4'1; i:A '` a ye a r rtne o M.9 E. Fritzler and Co. t--c--O-1- - .wi3ness my hand and official seal. •'' '- 141-\C:Mir commission expires: 6I(7,44,1he4 F <%; ,0F COl-° ,N,`, itinttit ttria. �Uh day of L n t ,^ 2 M. E. FRITZLER AND CO. • 1986. Ss. Notary Public SKLD, Inc. HT SKL19458 WE 2042610-1986.001 AR2D45931 - S 1105 REC 02045931 03/12/86 14:15 $3.00 1/001 - F 2102 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED THIS DEED, Made this 10th day of March 1986,hetwxen R. 0 Pyeatt and Alice J. Pyeatt 3 nJ 8 A.. of the County of Weld and State of Colorado. gmnton:md Phillip E. Camenisch whose legal address is 10504 Weld County Road 7 Longmont, CO 80501 of the Conroy of Weld WITNESSETH. That the grantor for and in consideration of the sum of State Documentary Fee Date -_'.12*-1d12-- $ and State of Colorado. grantee: other valuable consideration and Ten and No/100 ($10.00) -btiLLARS. the receipt and sufficiency of .which is hereby acknowledged. has granted. bargained. sold and conveyed, and by these presents does grant, bargain, sell. convey and confirm. unto the grantee. his heirs and assigns f mr:8er. all the real property together with improvements, if any. situate, lying and being in the County of weld and State of Colorado described as follows: The Southeast Quarter (SEI/i) of Section Nineteen(19), Township Four North (4 N), Range Sixty-six West (66 W) of the 6th P.M.; Together with Sixteen shares of the capital stock in the Western Mutual Ditch jCompany, and four (4) irrigation wells adjudicated in Case W-359, District Court, Water Division I and registered in the Colorado State Engineer's office as 8reckon Wells No. 3-19924, 4-19924, 5-19924, and 6-19924; together with one (1) unregister domestic and livestock well, as known by street and number as: TOGETHER with all and singular the hereditament. and appurtenances thereto belonging. or in anywise appertaining. and the reversion and reversions. remainder and remainders. rents. issues and profits thereof. and all the estate. right. title. interest, claim and demand whatsoever of the grantor. either in law or equity. of. in and to the above bargained premises. with the hereditantents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantee, his heirs and assigns forever. And the grantor. for himself. his heirs, and personal representatives. does covenant. grant. bargain, and agree wand with the grantee, his heirs and assigns, that at the time of the unsealing and delivery of these presents. he is well seized of the premises above conveyed, has good. sum, perfect, absolute and indefeasible estate of inheritance, in la, in fee simple and has good right. full power and lawful authority to grant, bargain, sell and convey the same in manner and tom, as aforesaid. and that the same are lice and clear front all former and other grants, bargains, sales• liens, taxes, assessments, encumbrances and restriction', of whatever kind or mat= sue,er- except general taxes for 1986 and future years, patent and prior reservations of record, 1986 farm crop lease, rights of way for public roads, utility easements, irrigation ditches, other reservations and/or restrictions of record, oil and as lease and pipeline rights of ways of record, inclusions pgpdin Protection }y��{nDistricts and Conservation Districts of record, and the 0 ePtt g antor41sffa�l•5nd',°MQ'XRRATT7"&D Ff7REVER DEFEND the above -bargained premises in the quiet and peaceable possession of thegrantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. --� IN WITNESS WHEREOF, the grantor ha: executed this deed on the date set forth STATE OF COLORADO County of Weld The foregoing instrument was acknmvledged before me in the Colorado, this / day of��'ir2-�--LLi� My commission expires May 26 If in Denver. insert "City and A9 87 . Poitness my hand and official seal. �17 H. 0, Pryyee C Alice J. Pyear_i County of .1986 .byR. O. Pyeatt and Alice Ik:.0eatt:rf,- k,i X1'1flfict. -4-o- j Ncxary " 801 8th St., Suite 220, Greeley, CO 8063 y - No. 932A. Rev. 7-S.l. WARRANTY DEED (For Photographic Record) Bradford Publishing, 5825 W. 6th Ate.. Lakewrood,CO 80214-(303)33-6900 10.85 SKLD, Inc. HT SKL19458 WE 2045931-1986.001 at AR27.46185 nNo B 1200 REC 02146185 06/28/88 15:04 $6.00 1/002 F 1514 MARY ANN FEUERSTEIN CLERK Sr RECORDER WELD CO, CO WARRANTY DEEb THIS DEED, Made this 28th day of June 19 88 . between PHILLIP E. CAMENISCH of the *County of Weld State of Colorado. grantor, and I WILLIAM H. EPPINGER and SHAREE L. EPPINGER and State Documentary Fee Dote _Lta -nrAA-DR whose legal address is 11111 Riverdale Road Delver, Colorado 80233 and State of Colorado. grantees: of the County of Adams WITNESS. that the grantor. for and in consideration of the sum of Tao Hundred Twenty Five Thousand and No/100ths DOC Fee the receipt and sufficiency of which is hereby acknowledged. has granted. bargained. sold and conveyed, and by these presents does 22.50 grant. bargain. sell. convey and confirm unto the grantees. their heirs and assigns forever. not in tenancy in common but in joint tenancy- . Countan of all the real property, together with improvements. if any. situate. lying and being in the WELD and State of Colorado. described as follows: See Exhibit "A" attached hereto and made a part hereof DOLLARS. also known by street and number as TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in anywise appertaining and the ! reversion and reversions, remainder and remainders. rents, issues and profits thereof. and all the estate. right, title. interest. claim and demand whatsoever of the grantor. either in law or equity, of. in and to the above bargained premises. with the hereditaments and TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances. unappurtenances. to the grantees. their heirs _. and assigns forever. And the grantor. for himself. his heirs and personal representatives. does covenant. grant. bargain and agree to and with the grantees. their heirs and assigns. that at the time of the ensealing and delivery of these presents. he is well seized of the premises ' above conveyed. has good. sum. perfect, absolute and indefeasible estate of inheritance. in law. in fee simple. and has good right. full power and lawful authority to grant. bargain. sell and convey the same in manner and form aforesaid. and that the same are free and clear from all former and other grants. bargains. sales. liens. taxes. assessments. encumbrances and restrictions of whatever kind or nature soeser. except the 1988 General Real Estate taxes due and payable in 1989 and all subsequent taxes thereto:- reservations, restrictions, easementsof way, in plrsc or of record, mineral reservations or exceptions of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees. their heirs and assigns. against all and even' person or persons lawfully claiming the whole or any part thereof. applicable to all genders. The singular number shall include the plural. the plural the singular. and the use of any gender shall be app i IN WITNESS WHEREOF the grantor has executed this deed on t date �t foha v . • STATE OF COLORADO County of Weld The foregoing instrument was acknowledged before me this 28th by Phillip E. Famen Sch O, rtr~ Z *If in Denver. insert "City and- ----- • - day of June . 19 88 . Witness my hand and official /,�ral. My Commisison expires F Y-+ / - 19 7d - Sea -f P. H c No. 921A. Rev_ 3.S5. DARRANI'i DEED ITo mini Tenants) Bradford Odaltstang...W boS,Sr.. Lslcvowf. CO Su_na—r?oii _:?69V0 SKLD, Inc. HT SKL19458 WE 2146185-1988.001 B 1200 REC 02146185 06/28/88 15:04 $6.00 2/002 F 1515 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO The N 1/2 of the SE 1/4 of Section 19, Township 4 North, Range 66 West of the 6th P.M. TOGETHER WITH Sixteen (16) shares of the capital stock in the Western Mutual Ditch Company, and four (4) irrigation wells adjudicated in r W-359, District Court, Water Division I and registered in the Colorado State Engineer's office as Breckon Wells No. 3-19924, 4-19924, 5-19924 and 6-19924; together with one (1) unregistered domestic and livestock well. SKLD, Inc. HT SKL19458 WE 2146185-1988.002 21111111L152111 111111111 11111L1 L11111111111L 111E L111 7 1701514 R 5.00!2000 0 0.001Weld County COsukama Quitclaim Deed This Quitclaim Deed made December 15, 1999, by William H. Eppinger ("Transferor"), of 20203 Highway 60, City of Platteville, County of Weld, State of Colorado, to Linda Kay Eppinger as ("Transferee"), of 20203 Highway 60, City of Platteville, County of Weld, State of Colorado. Transferor, in consideration of $0.00 Dollars, the receipt and sufficiency of which is hereby acknowledged, remises, releases, and forever quitclaims to Transferee all of the interest of Transferor, if any, in an to that real property located in the County of Weld, and State of Colorado, and more certainly described as follows: The S 1/2 and the N 1/2 of the SE 1/4 of Section 19, Township 4 North, Range 66 West of the 6th P.M. (This deen made pursuant to Adams Count, Colorado Court Order, civil action no. 99C 2904; no documentary transfer fee required) To have and to hold, all and singular the described property, together with the tenements, hereditaments, and appurtenances belonging to such property, or in anywise appertaining, and the rents, issues, and profits of such property to Transferee, and Transferee's heirs and assigns forever. IN WITNESS WHEREOF, Transferor has executed this Quitclaim Deed on the date first above written. State of illiam H. Eppinge Acknowledgment ) ss County of ) On this2e-e-V6:Mg9 , before me personally appeared William H. Eppinger, to me know to be the person described in and who executed the foregoing Quitclaim Deed and acknowledged to me that William H. Eppinger executed the same as her free act and deed. My commission Expires: 1-/g- Wi Witness my and and OfficiSeal. a- I_A Notary Public SKLD, Inc. HT SKL19458 WE 2751574-2000.001 I aiiii nisi uniu um iiiii ii iumii ui nm iiii ini 2777983 06/30/2000 02:44P JA Suki Tsukamoto 1 of 1 R 10.00 0 0.00 Weld County CO 9,Y3 SCALE: I"- 100' 0 100 LEGEND FENCE 200 • SET *4 REBAR WITH YELLOW CAP LS 13482 SEC 24 SEC 25 NW CORNER SE I/4 SEC 19 FOUND *5 REBAR WITH 2' CAP LS 10855 0.1'DEEP -� REFERENCE MONUMENT 7.0' EAST OF CORNER -4' COTTONWOOD 86.6W 1 3817"E 4W3 1J AVEL DRIVE WEST LINE S.E. I/4-''°1 GAS PIPELINE MARKER (TYP) S.W. CORNER S.E. 1/4 SEC 19 FOUND 3 I/4' CAP ON 2' NOM. PIPE O.3'DEEP - NO MARKINGS. VICINITY MAP NOT TO SCALE SEC17 HIGHWAY 256 I I ROAD 42 GI LCREST SEC 20 SEC 29 I MILE z • • 5 ar: 1 • • • • • • • RECORDED EXEMPTION No. 1057 -I9 -4 -RE -2714 THE SOUTHEAST 1/4 OF SECTION 19 TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6th P.M. WELD COUNTY, COLORADO LOT C CONTAINS 152 ACRES (THIS AREA ASSUMES THAT THE S.E. 1/4 CONTAINS 160 ACRES) `\ R-298'ER RADIUS 11 • • • LOT A CONTAINS 4.87 ACRES ± (INCLUDES ROAD 42 R.O.W.) 12517 WCR 42 REFERENCE MONUMENT ON NORTH R.O.W. ROAD 42 12.0 FEET EAST OF WEST LINE LOT A r WATER WELL • • • • • • • Ir 30' ROAD R.O.W. OWER Luis f ROAD 42 • • • • • • • • • • ..5 • • . . LOT B CONTAINS 2.50 ACRES ± (INCLUDES ROAD 42 R.O.W.) 12591 WCR42 REFERENCE MONUMENT 14.0' NORTH OF LOT CORNER REFERENCE MONUMENT Io.o•-.J 15.0' NORTH OF LOT CORNER-\ 1 130' ROAD R.O.W. NOTES : N CENTERLINE OF PROPOSED DR X k- N 9O'D0'OO"W 2662.74' GRAVEL —\16 rs' R.C.P. $IPMON SOUTHEAST COR. SE 1/4 SEC 19 FOUND 2 1/2' CAP ON *6 REBAR 0. BELOW ASPHALT SU FA LS 9644 SET RANGE BOX SOUTH LINE S.E. 1/4 SEC. 2 SEC. 18 ≥0 1-N 3-N 5-N 1-L SEC. 19 -L 5-L 5—J i N 0'21 '43-W r rn 0 °i N J S.E. 1/4 N 90'00'00"W 2662.74' I. Basis of bearings: The South line of the SEI/4 of Section 33 is assumed to bear N90'00'00"W monumented as shown on this plat. 2. This land survey and plat was made for the purpose of subdividing this parcel into the lots shown on this map. 3. Client requested that recorded rights -of -way. easements and encumbrances not be researched and not be shown on this land survey plat. 4. NOTICE: According to Colorado law you MUST commence any legal action based on any defect in this survey within three years after you first discovered such defect. In no event. may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 5. All proposed or existing structures will meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance. the required setback is measured from the future ✓ ight-of-way line. 6. Any future structures or uses on site must obtain the appropriate zoning and building permits. 7. Prior to the release of building permits the applicant shall submit evidence to the Department of Planning Services that Lots A & B have an adequate water supply of sufficient quality, quantity and dependability 8. RIGHT TO FARM COVENANT Weld County is one of the most productive agricultural counties in the United States. The ✓ ural areas of Weld County may be open and spacious. but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks. including conflicts with long-standing agricultural practices and a lower level of services than in town. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a ✓ ural area. Well run agricultural activities will generate off -site impacts. including noise from tractors and equipment. dust from animal pens. field work. harvest. and gravel roads: odor from animal confinement. silage, and manure: smoke from ditch burning: fries and mosquitoes: the use of pesticides and fertilizers in the fields. including the use of aerial spraying. Ditches and reservoirs can not simply be moved "out of the way of residential development without threatening the efficient delivery of irrigation to tields which is essential to farm production. Weld County covers a land area of over 4.000 square miles in size (twice the State of Delaware) with more than 3.700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement. ambulance and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads. no matter how often t ey are bladed. will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads w ithin subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases. will not be equivalent to municipal services. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment. ponds and irrigation ditches. e lectrical power for pumps and center pivot operations. high speed traffic, sand burs. Cuncture vines, territorial farm dogs. and livestock present real threats to children. ontrolling children's activities is important. not only for their safety. but also for the protection for the farmer's livelihood. 9. Prior the release of building permits. the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the lot and recorded exemption number. 10. - Should noxious weeds exist on the property or become established as a result of the proposed development. the applicant/landowner shall be responsible for controlling the noxious weeds. pursuant to Ordinance I69A. SEC. 30 CONTROL MONUMENT DIAGRAM NOT TO SCALE LEGAL DESCRIPTION CONTROL MONUMENT DESCRIPTIONS 3-J FOUND 3 1/4' CAP ON 2" NOM. PIPE - NO MARKINGS. 0.3'DEEP. MONUMENT RECORD BY LS 10855 (BERLIER) 10/2/89 CALLS FOR 3 1/4' X 30' ALUM. MONUMENT. I MARKED CAP & TIED MONUMENT 3-L FOUND e5 REBAR WITH 2" CAP LS 10855 (BERLIER) PER MONUMENT RECORD 2/10/90 5-J FOUND 2 1/2" CAP ON e6 REBAR 0.2' BELOW ASPHALT SURFACE LS 9644 (ALLES) PER MONUMENT RECORD 6/14/99. SET RANGE BOX. SEC. 20 REFERENCE DOCUMENTS USED FOR THIS SURVEY RECORDED EXEMPTION 1057-I9-I-RE17O1. 5/23/1995 QUIT CLAIM DEED - LINDA KAY EPPINGER. GRANTEE. RECORDED 2/25/2000 AS RECEPTION No. 2751574. WARRANTY DEED - PHILLIP E. CAMENISH. GRANTEE. RECORDED 3/12/86 IN BOOK 1105 AS RECEPTION No. 02045931 THE SOUTHEAST QUARTER (SE 1/4) OF SECTION NINETEEN (19). TOWNSHIP FOUR NORTH (T 4 N). RANGE SIXTY-SIX WEST (R 66 W) OF THE 6th P.M.. COUNTY OF WELD. STATE OF COLORADO SURVEYOR'S CERTIFICATE I. Allan W. Fredenburg . a Registered Professional Land Surveyor in the State of Colorado do hereby certify that this Subdivision Exemption plat was prepared under my personal supervision. and that this plat is an accurate representation thereof. I further certify that the survey and this plat complies with all applicable rules. regulations. and of the State of Colorado. State Board Of Registration For Professional Engineers And Professional Land Surveyors. and Weld County. Registered Land Surveyor. Colo. Reg. 13482 DEPARTMENT OF PLANNING SERVICES' REVIEW CERTIFICATE This plat is accepted and approved for filing. %pop Depa tment o P anning 'Services Director COUNTY OF WELD ) )ss STATE OF COLORADO) The fore oin certification was acknowledged before .A.D.. 20 0C) Witness my hand and official seal. otary Pu Ilc My commission expires: Ipsixc4 ADMINISTRATIVE 2 �s•i me this ' day of WE.NDI INL0ES NOTARY PUBLIC STATE OF COLORADO PROPERTY OWNER'S CERTIFICATE I. Linda Kay Eppinger. being the sole owner in fee of the above described property do hereby subdivide the same as shown on the attached map. I understand that this property is located in the Agricultural zone district and is also intended to rovide areas for the conduct of other uses by right. acce.Sory uses and ;'ses b `,•ecial review. $ Linda Kay Eppinger COUNTY OF WELD )ss STATE OF COLORADO) The foregoing certification was acknowled ed O►'Mit61.t• A.D.. 20 Witness; my hand and official seal. My commission expires: otary Public before me this SHARON JUNKER A '< day of laws g Q. 0) 4- '- t0 zO1- O~LQ r ---W41 a.�t~n0 w O k O r QurcI8 kW"C3 Okk.c3 1u82 iz t v' o < a ,,,ir ,r CAD FILE oo t 42 . Ica o • . ,..‹. ..,e Ion 0 DRAFTING AWF u. U U MY COMM1SSIO FY Ei'L3• 914 1 111111 11111 11111 11111 11111 111111111111 III 1111111111111 3186914 06/07/2004 12:33P Weld County, CO 1 of 1 R 6.00 D 115.00 Steve Moreno Clerk & Recorder WARRANTY DEED THIS DEED, Made this 20th day of May , 2004, between Linda Kay Eppinger of the County of Weld and State of Colorado grantor, and HS Land and Cattle LLC whose legal address is 4731 West 10th Street #G, Greeley, CO 80634 of the County of Weld and State of Colorado . grantee: W[TNESSET[I, That the grantor, for and in consideration of the sum of ONE MILLION ONE HUNDRED FIFTY THOUSAND AND NO/100 -DOLLARS, ($1, 150 , 000 . 00 ). the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed, and by these presents does [,,*rant, bargain, sell, convey and confine, unto the sn'antee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld , and State of Colorado, described as follows: Lots A and C of Recorded Exemption No, 1057 -19 -4 -RE -2714, recorded June 30, 2000 at Reception No. 2777983, being a part of the Southeast Quarter of Section 19, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado also known by street and number as 20203 Highway 60, Platteville, CO 80651 TOGETHER with all and singular the bereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditrunents and appurtenances. TO DAVE AND TO [[OLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor. for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for (axes for the current year, a lieu but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section Sa [Title Review], of the contract dated February 12, 2004 , between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above- rargained premises in the quiet and peaceable posses- sion of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The sineulw' number shall include the plural, the plural the singular, and the use of any gender shall he applicable to all genders. IN WITNESS WIII: ;OIL', rc grantor has executed this deed on the date set forth above. nda Kay STATE OF COLORADO COUNTY OF �. ss. The foregoing instrument was acknowledged before me this 20th day of May , 2004 by Linda Kay Eppinger My Commission expires: LESLIE A. DUBOIS NOTARY PUBLIC, STATE OF COLORADO MY crimitisstrm EXPIRES: WARRANTY DEED (for Pkwhigropl1ic Re'ord) (AesLJMr'WJ l 25, �Q�� Witness my hand and official seat -2° t� l ra Recorded S E` i -195 at l o'clock M. Reception No. �, Q' tom` ' '- V . , Recorder. p c (.i�t-1OA, tip.., f..�•. f.� . eaoKi398 PAGE599 • Witness My Hand and Official Seal Zi11O Peek Made this 21st- day of September in the year of our Lord one thousand nine hundred and fifty-four between TONY GUTFELDER, know also as TONY GUTEFELDER, and ROSE GUTFELDER, known also as ROSE GUTEFEIDER, of the County of Meld and State of Colorado, of the first part, and TONY GUTFELDER and ROSE GUTFELDER, of the second part: WITNESSETH: That the said parties of the first part, for and in consideration of the sum of One Dollar and other considerations DOLLARS, to the said partje5 of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, to pass not in tenancy in common but in joint tenancy, the survivor of them, their assigns, and the heirs and assigns of such survivor forever, all the fol- lowing described lotS or parcels of land, situate; lying and being in the County of Weld and State of Colorado, to -wit: Parcel 1: The South Half (S) of the Southwest Quarter (ST.;tr) of Section Nineteen (19), in Township Four (4) North, Range. Sixty-six (66) 'Vest of the 6th P.M., together with five shares of the capital stock of The Farmers Independent Ditch Company. Parcel 2: The North Half (WI) of the Northwest Quarter (NY,) of Section Thirty (30), in Township Four (4) North, Range Sixty-six (66) ':"est of the 6th P.N.., together with 4 shares of the capital stock of The Western Mutual Ditch Company, and 5 shares of the capital stock of The Farmers Independent Ditch Company. Excepting all coal, oil, and other minerals as reserved in Union Pacific Railroad Company recorded in Book 1128, Pape County records, relating to tract of land containing 12.13 1, and t -pp trc,ct of lard 6 15 acres in Par , TOGETHER wit i all and sat ular the here namen s and appurtenances t fcrcun o besot in or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part ieS of the first part, either in law or equity, of, in and to the above bargained premises, the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the said parties of the second part, the survivor of them, their assign,yy�,and Tthe heirs and assigns of such survivor for- ever. And the said parties of the first part, fore hem selves,/s i s, ' executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivering of these presents. they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha ye good right, full power and lawful authority to grant, bargain, sell and convey, the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever: County of Weld and State of Colorado, of the /(The consideration herein is less ,/ // and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ie s of the first part shall and will WARRANT AND FOREVER DEFEND. Deed of 546, Weld acres in • reel / 'than `;?100.00) IN WITNESS WHEREOF, the said pardesof the first part have hereunto settheir hands and seal'. the day and year first above written. Signed, Sealed and Delivered in the Presence of ,i n y Gutefnl Rose Gut STATE OF COLORADO,} Ss. ..-L-'ounty of ; Weld: — ----r r(SEAL) crier, wn also as Tony er. �,.i elder, 1pown also as hose Gutefelder. (SEAL) The foregoing instrument was acknowledged before me this l.St---..___day of September lye by Tony Gut.. e l ,jcnown also • s cmy Gutefelder, and Rose Gittfelder,J nuwr Putef_eld •r, December 20, My Commission Expires 1955. Notary Public. WARRANTY, b 'ED —To Joint Tenants —McVey Printery, Greeley, Colorado. L(\ I I U' Lel O O d soot 613 Roomd.d r %� a U G 1969 INDEXED , c. BM X1535104• in some,. *memo COLORADO DEPARTMENT OF HEALTH Office of the Local Registrar of Vital Statistics WELD COUNTY,Colorado CERTIFIED COPY OF DEATH RECORD brCEASED-NAME FIRST n,006s LAST R;• ROSE ELIZABETH GUTFELDER SEX " 2. Female DATE OF DEATH won TN. DAT, rul 3. March 16, 1969 SCE w.nrs, ea no. u.amc•" INDIA", AGE —LAST u"osw i .w u'oaw ' "'ry' DATE OF BIRTH gw"r", COUNTY OF DEATH 210. Weld iib va•n" A- White . DIRTHO',gee, Se. • 76 nose Sb. .r. D MRS. Se. OAT, a.wi 6. July 5, 1892 'Gal, TOWN OR LOCATION OF DEATH 4. Tb. Platteville INSIDE OTT LIMITS Insarr T. OR NO1 7c. no HOSPITAL OR OTHER INSTITUTION -NAME Iir NOT ,N errs in. eine .rwasr .No ",.au, 7d. Rt. 1, Box 107 v STATE OF BIRTH tie Nor IN Y.S.oeu.rw1., e. Colorado T CITIZEN OF WHAT COUNTRY 2. USA MARRIED, NEVER MARRIED, WIDOWED, DIVD CEDr ..c,.r, 10. married SURVIVING SPOUSE OF wlre. ales NIA,005 RAMS, 11. Anthony B. Gutfelder SOCIAL SECURITY NUMBER USUAL OCCUPATION io^i*Uso or MORN 0005 DOMINO no.r 0r RORKI12. 13e. House rife KIND OF BUSINESS OR INDUSTRY I3b. Home RESIDENCE - STATE ... )•a. Colorado COUNTY idb. Weld CITY, TOWN, OR LOCATION lot. Plattevill ,NS,Ot c,rY L'..."STREET aPscvT TICS. N0, ud. no AND NUMBER 14e. Rt. 1. Box 107 FATHER'S NAME r.w.T 5,001.. u.r 13. Tn)sia Stongpl MOTHER'S MAIDEN NAME .Scar .no,.. LAST' . 16. Barbara nornher Ir INFORMANT -NAIVE - _ RELATION TO DECEASED U. Anthony B. autfolder husband MAILING ADDRESS . OR V.•.0. NO.. CiTV OR TORN, . SIP, 17b• Rt. 1, Row 107, Platteville, Coln_ 10. CAUSE OF DEATH: .J 2 ,6T O0■ CAWS• •Cw List FOR Iai, Ibl, .ND ICI w0Mm, APPROwu iND =ATM IMMEDIATE CAUSE I.) . Pro$j'P83•i.VP cerebral vascular inaufficency • DUE TO, OR •• A CONsa OVINCa s► COND,neNA I. ANT, TONICS 0.1011 RISC TO Mn.DIOT• ≤•Y.o ,l,, (b) raliaed arthrd.o9c laresia R ... c,N OY■ TO. O .Eaut �T`�a"C.Y:5 �:.r ) (a PART II. OTHER SIGNIFICANT CONDITIONS. CONDITIONS CON TR, SLIr,Nc To 01•TN SLIT NOT RS TO e•Y.C e, VCR 10 PART I ,a, AUTOPSY ITse OM NOI 195. no IF YES want F,NO,Nos CON. SIOtRSO IN ,NINO c•u.C or DIS•TS 196. ACCIDENT, SUICIDE, HOMICIDE u•acnn 20.. DATE EHOUR OF INJURY ,no, TN. OAT. ra•R.NOYR, 205. Al. HOW INJURY OCCURRED. "crust 0R I IN PART, OR.ART r.. IT.. u, 20c. INJURY AT WORK ,YSCITY SOS OR00, 20d. PLACE OF INJURY AT NOM5. r•V c FACTORY, OFF,CO 5600.. Irc.,$..MITI 205. LOCATION I OR a.r.0. No.. CITY OR TORN. I 201. CERTIFICATION -PHYSICIAN 1962 1964 March 16 1969 , •TT1IND11D THE eCct•.CD IRON TO ,00 6•SrSARAN. •6,Ta ON , 21.05•x. Occudnto AT 1:05 PM ... eN rot DATE •SOY., ARO TO tot CAST OF N. AN00.t0ea, ARO.. tot CANINES STATED. CERTIFICATION —CORONER: 0 t.s,s OS TICE n,NcrlON o. Nt 5005 ' . CR,. THE DECEDENT WAS PRONOUNCED DEAD woe TM 0.Y VEAa Noun) out io Tot icusa.n crioN, is Iu ORIN, cCcc,. aO ON ion OAT. •N0 225. M. M. CERTIFIER -SIGNATURE on T,T.a 23a. W. P. 0RDELHEIDE MD DATE SIGNED 'none , Der. reel., 235• March 17. 1969 CERTIFIER -NAME (Type oft .R,Nn 23.• T 'P Or.ao11,pa.l5a Mn MAILING ADDRESS ow R.F.O. No. CITT 00 TORN STATS ZIP ..4U. 103 Union Avenue, LaSalle. Colorado BURIAL. CREMATION. REMOVAL Stan) 24e. Burial ' CEMETERY OR C1iEMATORY-NAME 265, (;reen Mountain Cemetery LOCATIOJ! mr, on row. STATS 24e. Boulder, Colorado DATE w0N TN. Dcr. raps. 2dd. March 19. 1969 FUNERAL HOME -NAME AND ADDRESS ow R.P.P. SO., Cr, OR TOWS, STATS. :IPI 25,. Adamson Mortua , 827 5th. St., Greeley.Colorado 80631 FUNERAL DIRECTOR -SIGNATURE LICENSE NO. 25b. H. ROSS ADAMSON 623 REGISTRAR -SIGNATURE 2510. RUTH MUNZ DATE RECEIVED BY LOCAL REGISTRAR 265. March 21,1969 I HEREBY CERTIFY THAT THE INFORMATION SET FORTH ABOVE WAS CORRECTLY COPIED FROM THE RECORD OF DEATH IN MY CUSTODY AS REQUIRED BY LAW. .e•�,Y`R 'I 17 , 1 ,1 •. 4 S.. * - W .• .No VV1 ALID_ WITHOUT - LOCIAC REGi STRAR IS T. J �- ' ' l3EAL / S- "r. ' . e G'. . ' A o L � COLORADO DEPARTMENT OF HEALTH AD RS 168 (REV. 2-69-100) WITNESS MY HAND AND SEAL THIS 20 DAY OF .Tune LP,„ LOCAL REGISTRAR OF VITAL STATISTICS REGISTRATION DISTRICT NUMBER GV=T 1py 238 • 19_69 COLORADO s� 5u .. +! ..,..._..r�,,. 7.),, h1AR 1 6 197% 712 (' _:Curt „) THIS DI3D. 1a made by fenedLet rlurfelder as Puy:.:;nn. t ).orc- nro.Livc of rhestc,te t , Tony r - ,.1 tier ^1. I .:;o norm a;:: i,, any B. Gui:le1d-r, deceased ( •entor, t BEN PICT CU11,IDLt:. ,,l,,,, address is: 12027 Counts Road 42 i i. revi.l le, .olora ir, 10531. and :(0)15 6ISUOP ,+Lose address. Ls: 201.6 Dottero, Loveland. Sabo, 80537; Conian5C in common; ldli'il:'. s. tire above -named decedent in his lifetime, made and eecutof his La:;t Will and Testament. dated November 12. 1974, uiricii 15111 was duly admitted to formal prob,r.ce on January 20th, 1176, by the Dis:.rrict )our) County of Weld and State of Colorado, Probate No. F- 13615; UHERE2,S, Grantor was duly appointed Personal Representative of said l;s tare. on January 20th 1976. and is now qualified and arcing in said capacity, NOW, THERM. ORS, pursuant to ;he potter conferred upon Grantor by Sec, 13-1.2-711. Colorado 1:evised Statutes 1)73, and by 3state Closing Order: enter:ed 'ij,/,,�-/'v /14 1'777, Grantor sells end con- veys to Grantees as tenants in common, Inc following Real Property in Wald County., Colorado: Par. 1: The Sof rum S. of Sect ioe 19. and Par. 2: The of tte 1lcl; of Section CO, a11. in Township 4 North, of Range 66 West of the .,'.h 1 in Weld County Colorado; EXCTPTING reservation of ell coal in Union Pacific bailroed Company, as reserved in Deed recorded in Book 112, page 574. Weld County records, as to Parcel 1; and ENCIPTING all coal, oil and other minerals as reserved in Deed of Union Pacific Railroad Company, relating to Tract of Land cuntaiui.n., 12.13 acres in Parcel 1, and to�Tracc of laud contoinin,; 6.15 acres in Parcel 2; Together rri.rh certificate No, 862 for ten (10) shares of the capital stock of The Fa::ace;: Independent Litch Company, and certificate No, 526 for four (4) shares of the capital stock of The Western liutuol Ditch Company; and two (2) irrigation 'lolls, v'it.: Well do, 11113, with an appropriation date of October 31, 1)52, for. 2.21 cu.ft. per second and Well No. 1111.4 with an appropriation date of August: 31 1134, for 2.2) cu.ft. per second; as Decreed December 2.6, .1972, in Case No. W 1502, in the Water Court, Wager Division 1, State of Colorado; Also subject to any liens arising by virtue of said lands being included within the boundaries of: a. Northern Colorado Water Conservancy District; b. Platte Valley Soil. Conservation District; c. The Platteville Fire Protection District; d. ,Central Colorado Water Conservancy District; Also subject to: Oil and Gas Lease dated February 11, 1970, and recorded i,Iarch 19, 1970, Reception No, 154405), Book 522, SKLD, Inc. HT SKL19458 WE 1713864-1977.001 e'°4-2 1T16G,1 � J,^^y��1 Weld County records; Tony Gutfelder, Lessor, to T.S. Pace, for a term of t;cn years; Lease covers sixty-seven (67) mineral acres now held by Amoco Production Company, Security Life Bldg., Denver, Colorado. 80202; Together with .0264776`7; royalty of total production proceeds of Gas Well in the N'sSW't of Section 19, Township 4 North, of Range 66 West of the 6th P.M., under declaration of Unitization recorded August 20. 1975, Reception No. 1667709, Book 746, Weld County records, paid by Amoco Production Company, P.O. Box 591, Tulsa, Oklahoma, 74102. With all appurtenances. Each of the above -named Grantees are hereby vested with an undivided one-half interest in and to the above described property. Executed '7/L /tti pi, 1977. As Personal Representative of the Estate of Tony Gutfelder, also known as Anthony B. Gutfelder, deceased STATE OF COLORADO ) ) SE. COUNTY OF WELD The 7f�oregoing instrument was acknowledged before me this j` 4e day of ///GZr�cl 1977, by Benedict Gutfelder, as Personal tepr.esen- tative of the Estate of Tony Gutfelder, also known as Anthony B. Gutfelder, deceased. ..••F•WITNESS my hand and Official Seal. y'iy1.;commi.ssion expires: Dec. 20 1970. �01ARY ' ,4sj'•.,, ,,•'�' Notary Public 1F c SKLD, Inc. HT SKL19458 WE 1713864-1977.002 7132 1: n Dole t6 2L,6 00, io,oredo, :n oil'. ,,n. 1'7".`"'5. 11 .. e). e ton e,U- .. ..nd 00uvey ., ;blt, 1' GI1'fl• .I Jail: -, la t.• 066ce 12621 6uun;.' 2. F1 viii1 .e!. ci Conn'.; t Loredo 60651. the Vroperty in the County of 1d end 3tete of 'oloredo. ENDULDND ONE -1 Lr L1' l., 'Si 'CC. . ..... 1. The .:.on I_ end Pa):_e 1 2: TII , , :c._:io of, vii in Township 4 North, c an!zc 64 .. of the Gilt P... in Weld County, Colorado: b.71.1'1ICG resefve! -on of :tl_l. cool in Union Pacill. is tiailro,d .Jompany, _. '. : -d in Hod recordedin Book 112, pas,e 574, Weld County records, 0.6 to V reel. 1; and EXCEPTING all coal, oil and other min - ..is c ,.cccrved in Deed of Union Pacific Railroad Company, rclet- iuW to Trace of land containing 12.13 acres in Parcel 1, rod Co Tree'.: of land conleiniru; 6.15 acres in Parcel 2• ''oe:_her with .,v,- Lif icote No. 862 for ren (10) shares of the _a.pi.t..zl. s uch of The Fvcnc_:, Independent: Ditch Cost any, and rli.fi. c,,,, No. 2.e for foot (4) snare: of the capitol stock of The f __:en Ditch :oelpany: and two (2) Irrigation hells, viz, Well No. 11113, with en appropriation deco of Detebor _1 1952. for 2.2) cu. ft. per second, end ci 'Fell No. 1.1.114, with an appropriation date of A.u;u;t c‘i 31, 1934, for 2,29 cu,ft. per second; as Decreed lJecataocr 26, 1972, in Case No. 1512, in elle Water Court, Water Division 1. State of Colorado; Also subject ro any liens -arising by virtue of said lends bei.nJ in- ' eluded teicbin the cot., nd-rtes of: Northern Colorado 'later Conservancy District; ° b. Platte Volley CoLl Conservation District; Tee Plactevil.le Fire Protection DisCeict•, ci.-.:entrol Colorado Enter Conservancy Di:;t. rice; •�i ',lso subject to: Oil :nd•Ccc Lease d.vted February 11. 1270, and co� recorded ,darch 1.9, 1770, iocepcion No. 1544051, look 622, ':'cid County records; Tony Gutfelder. Lessor, to T.E. Lace, for term of Eon Years; r -- Lease covers sixty-seven (67) mineral doges, n,,,- held by Amoco Pro- duction Company, Security Life Bldg.,Denier. Colorado, 5o20? • Together with 0264776, royalty of coEal. production proceeds of Gas • Well in the I1_of Section 19, Township 4 North, of Nan.,c 61. West of CLe 6th P:;, under declaration of Unicication recorded ",u;;ust 20, 1)72, ttecepLion No. 166770`;, Book 746, 'del.d County records, paid ▪ by Cicero Produc lion Junlpany, P.U. Ile: _`.)1. Tulsa, Oklahoma, 74102. With ail appurtenances, and Uarrence the Title to the some. Signed this /i444 day of iie.4ch, 1977. Rose Bishop STATE: OF t;OLOIL1D0 ) COUNTY OF WELD '1'ho forei-oin; instrument trc!s eck,iowled_;ed before ale, this /9-t �. col, v4 -larch, 177 by Nos Bishop. E cll� N•I al. Cxurnca1sr3 e :'. .r l-] iEfi: my Rani Ind Offec aL ea• I • 'IlUH 161911 cti - tly,CPmmission centric: Dec. 20, 117'), g P D'1,\ J or t. 7/ Notary Public SKLD, Inc. HT SKL19458 WE 1713865-1977.001 Reco,dd e I 4' o'clock 1977 rto's. No, so*Mary Ann Fouentolo, Recorder AMENDLD WARRANTY DEED 1—I To correct Royalty, Interest in Gns Well ROSE BISHOP, whose address is 2016 Dotsero, Loveland, County of Larimer, and State of Colorado, for the consideration of ONE HUNDRED DOLLARS, and other consideration, in hand paid, hereby sells and conveys to BENEDICT GUTFELDER, whose address is: 12027 County Road 42, Platteville, Weld County, Colorado, 80651, the following Real Property in the County of Weld and State of Colorado, to -wit: AN UNDIVIDED ONE-HALF INTEREST IN AND TO: Parcel 1: The S'' of the SW; of Section 19, and Parcel 2: The N'g of the NW.; of Section 30, all in Township 4 North, of Range 66 West of the 6th P.M., in Weld County, Colorado; EXCEPTING reservation of all coal in Union Pacific Railroad Company, 71. as reserved in Deed recorded in Book 112, page 574, Weld County records, as to Parcel 1; and EXCEPTING All coal, oil and other min- erals as reserved in Deed of Union Pacific Railroad Company, relat- ing to Tract of land containing 12.13 acres in Parcel 1, and to Tract of land containing 6.15 acres in Parcel 2; Together with Certificate No. 862 for ten (10) shares of the capital stock of The Farmers Independent Ditch Company, and Certificate No. 526 for four (4) shares of the capital stock of The Western Mutual Ditch Company; and two (2) Irrigation Wells, viz.: c, Well No. 11113, with an appropriation date of October. 31, 1952, for 2.29 cu.ft. per second, and its Well No.11114, with an appropriation date of August 31, 1934, for 2.29 cu.ft. per second; as Decreed December 26, 1972, in Case No. W 1582, in, the Water Court, eq Water.Division 1, State of Colorado; o Also subject to any liens arising by virtue of said lands being in- cluded within the boundaries of: M a. Northern Colorado Water Conservancy District; b. Platte Valley Soil Conservation District; c. The Platteville Fire Protection District; d. Central Colorado Water Conservancy District; Also subject to: Oil and Gas Lease dated February 11, 1970, and recorded March 19, 1970, Reception No. 1544059, Book 622, Weld County LPN rt records; Tony Gutfelder, Lessor, to T.S. Pace, for a term of ten years; ne Lease covers sixty-seven (67) mineral acres, now held by Amoco Pro- " duction Company, Security Life Bldg., Denver, Colorado, 80202; Together with 2.64776% royalty of total production proceeds of Gas Well in the NSW of Section 19, Township 4 North, of Range 66 West of the 6th P.M., under declaration of Unitization recorded August 20, 1975, Reception No. 1667709, Book 746, Weld County records, paid by Amoco Production Company, P.O. Box 591, Tulsa, Oklahoma, 74102. With all appurtenances, and warrants the title to the same. Signed this 14th day of March, 1977. STATE OF COLORADO ) ) Q/ l wdz1,/ SS. Rose Bishop COUNTY OF WELD ) The fore^,ii.a instrument was acknowledged before Inc this ,I day ,p ,?1Ppi' 914,, 1977, by Rose Bishop. �4711,71NESS'm,� Nand and Official Seal. .41.1 en¢tom 'o,141,0ommitsion expires: Dec. 20, 1979. Notary Public SKLD, Inc. HT SKL19458 WE 1716505-1977.001 RRecorded eceptonallo o'clock 1111111 1 11111 32 3309324 08/03/2005 03:58P Weld County, CO WARRANTY DEED 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder 22r //' THIS DEED, Made this �J day of 1--UQ between aeo-e 1 icf 6 -144 -Fe oc✓/ 1 of the County of 1}...)..0-4 , State of Colorado, grantor(s) and Reps r r Gu f -re /cl.ev a 1,0 th/ I}. 4e/6- r whose legal address is laoa Gourtfj 1Qoad G'O1 S06,5 I of the County of LA.) e. t d WITNESSETH, That the grantor(s), for and in consideration of the sum of 7'en cO// Vs a✓Id n°/(bD the receipt and sufficiency of which is hereby acknowledged, ha bargain, sell, convey, and confirm, unto the grantee(s), the i r if any, situate, lying and being in the described as follows: , State of Colorado, grantee(s): DOLLARS, granted, bargained, sold and conveyed, and by these presents do grant, heirs and assigns forever, all the real property, together with improvements, County of U-) -C te:/ , State of Colorado, Mor4h YZ, Nbri-ylwes+ l� S2 h00 x3o, l otuns:1i , R " Eke- 0/2R; Cd kes��Crvlinerals On1 y) Gaccvff-Lj DT' tiff Idv(7C D F (ot-Qd0 -rC NO rnov)ey -{-re t7s erred . —6 k- "17fl2 4(.9(,07)65 .,_s r1l I1/ also known by street and number as: I I? D I C ol(fv kQd Q5.5, r '�lGtTf Q U i e JJ Sdto 5 l TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), -f {1Pt V' heirs and assigns forever. And the grantor(s),[[`fo"r - --k Q yr1 set V e 5 4 1t"r [4- heirs and personal representatives, do covenant, grant, bargain, and agree to and with the grantee(s), irw 7 heirs and assigns, that at the time of the ensealing and delivery of these presents, well seized of the premises above conveyed, ha 5 good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha -, good tight, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever, except The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises an the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor Is) ha executed this deed on the date set forth above. STATE OF COLORADO County of LAD.e- The foregoing instrument was acknowledged�before me this by E C4_ 61,-{ i e/d tv My commission expires Jc l IiaDo1.'] ss. day of rUr Witness my hand and official seal: --- Notary Public *If in Denver, insert "City and" . ,19 at7()5 No. 932. Rev.3.85. WARRANTY DEED (For Photographic Record) Bradford Publishing, 5825 W. 6th Ave., Lakewood. CO a0214- (303) ?33-6900 U SKLD, Inc. HT SKL19458 WE 3309324-2005.001 Recorded Reception 11111011111111111111101111 1111 111111111 111 11 1111 3309325 08/03/2005 03:59P Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk & Recorder Recorder. STATE OF COLORADO WARRANTY DEED THIS DEED, Made this 3 r day of i,G1 %11 between 14,2l cl r *�/f 1 ev ,'!I of the W County of e lci , State of Colorado, grantor(s) and t vie ok i c - 6'tt-f- 'e ldtr a-v)d Pie �h l� . -h f e /der JoiwfTie octvl-5 whose legal address is l� 136' - 1 do�7 Cmuok 0,2_4 zi,2 Co of the County of W e l5 WITNESSETH, That the grantor(s), for and in consideration of the sum of --t•' CI I IQ vs avid f' /1 ( DOLLARS, the receipt and sufficiency of which is hereby acknowledged, ha o granted,bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the grantee(s), -Hke c Y heirs and assigns I19 forever, all the real property, together with improvements, W if any, situate, lying and being in the County of -ePd , State of Colorado, described as follows: Q' C. Sec+T DO i9 TUc.ov)5I2i Li',lgairljL (0(0 , State of Colorado, grantee(s): ti D7 tAegk Cd /-66 ( minerals Only) Coll vtfi 6-F ()Mc e lc fro f bre( o No Yvl b>r1 P Ll -raA l 57e rre d , ror '{ f � 7O1AYf °SeS DJt l` also known by street and number as: a�aC45 IL ✓j i I( Oct d `7 �') 41)/611+-e111' l `i 1 (�sti W65/ TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. � ^ TO HAVE AND TO HOLD the said premises above �� and described with the appurtenances, unto the grantee(s), "f t wQ t s heirs and assigns forever. And the grantor(s), for w\ sel V e) ' we i r heirs and personal representatives, do covenant, grant, bargain, and agree to and with the grantee(s), -f�.l i r heirs and assigns, that at the time of the ensealing and delivery of these presents, well seized of the premises above conveyed, ha 5 good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha .i good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever, except The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor (s) has executed this deed on the date set forth above. County of 3r The foregoing instrument was acknowledged before me this by —b--e VtP o l C Fe l dt 1aoO ) My commission expires °If in Denver, insert "City and" . ss. day of Witness my hand and official seal._ No. 932. Rev.3-85. WARRANTY DEED (For Photographic Record) Bradford Publishing, 5825 W. 6th Ave., Lakewood. CO 80214— (303) 23464-'' I. B6. SKLD, Inc. HT SKL19458 WE 3309325-2005.001 Guffelder RE -4931 a U O zs Guffelder-0902 O z co 0 RECORDED EXEMPTION NO. 1057-30-2 RE -4931 \2 NW4, SECTION 30, T. 4 N., R. 66 W., 6 D WELD COUNTY, COLORADO 111131111111111 111111111111 11111111111 Coup , CO 694 3655694 1012312009 12:06P Weld County 1 of 1 R 11.00 D 0.00 Steve Moreno Clerk & Recorder NE COR SEC 30 END #6 REBAR W/ 3 1/4" ALUM CAP LS 4392 1997 24 19 2 CO N N S00'07'34"E S00'07'34"E N00'07'34"W AG, OIL & GAS ACCESS CR 42 Y OIL & GAS ACCESS N 1/4 COR SEC 30 FND #6 REBAR W/ 3 1/4" ALUM CAP LS 13482 2000 op 1 O 00 to 30 T. 4 N. R=150' \ PETROLEUM \ WELL 0' 100' 200' .04 SCALE 1" = 200' / 400' 27.53• LOT B 74.64± AC (72.30± AC LESS CR 42 & 25.5 ROW) S89'47'25"E 2190.81' LEGEND 00 BOOK 2 (: ce PAGE 259 CD -O 4/7/1879 co LINE TABLE LINE BEARING LENGTH LI N00'06'12"E 177.81' L2 N88'13'22"W 132.19' L3 N58'29'09"W 21.53' L4 N40'55'53"W 35.53' L5 N30'06'20"W 29.03' L6 N26'56'44"W 144.79' L7 N25'48'22"W 16.61' L8 N20'43'42"W 43.12' L9 N27'22'19"W 28.74' L10 N38'44'46"W 39.73' SECTION CORNER 1/16 OR 1/4 CORNER SET #5 REBAR • W/ 2" ALUM CAP PLS 9644 END #5 REBAR O W/ 2" ALUM CAP PLS 9644 589'55'40"E � r• PETROLEUM WELL 24 19 25 to N O 25 15' EASEMENT ON, OVER, ACROSS LOT A FOR PURPOSE OF TRANSPORTING IRRIGATION WATER LOT A 4.33± AC (4.00± AC LESS CR 25.5 ROW) CR 42 • _ Lu M Lr) O (i) R=200' TANK BATTERY 30' ROW -D"-- 60' ROW -Om- BOOK 5 PAGE 330 12/7/1889 • N89'47'25"W AG, KyN OIL & GAS P co ACCESS z0 • 388.69' scx E3 S89'47'25"E N89 19 20 I\I30 4 LOT A 30 to to to tri N aw co 30 30 36 31 CR 40 LOCATION MAP SCALE: 1" = 2000' 29 O to >- I 29 31 32 388.69' '47'25"W 23.54' 1.1 CON i • N00'17'53"W W 1/4 COR SEC 30 END #6 REBAR W/ 3 1/4" ALUM CAP LS 7242 1997 2583.47' o M N) RES ACCESS to O N N00'17'53"W C 1/4 COR SEC 30 FND #6 REBAR W/ 2 1/2" ALUM CAP PLS 9644 DESCRIPTION A parcel of land located in the North One —Half Northwest One —Quarter (N2 NW4) of Section Thirty (30), Township Four (4) North, Range Sixty —Six (66) West of the 6th Principal Meridian, Weld County, Colorado, containing 78.97 acres, more or less. OWNER'S APPROVAL I (We), the undersigned, being the sole owners in fee of the above —described parcel(s) of land do hereby subdivide the same as shown on the attached map. I (We) understand that this parcel(s) is located within the "A" (Agricultural) zone district and is also intended to provide areas for the conduct of other uses, and uses by special review. enedict Gutfelder 3i9iD Betty Gutfelder The foregoing certificate was acknowledged before me this_2Lday of My Commission Expires: b ) h Notary Public: Witness my Hand and Seal: ACCEPTANCE This ctlat s Eccepted and approved for filing. Departm f Planning Services' Director The foregoing certificate My Commission Expires: _ Notary Public: was acknowledged before me Witness my Hand and Seal: _ SURVEYOR NOTES: thiagclay of •%IEJ A.D., 2009 1) All references to books, pages, maps and reception numbers are public documents on file at the Clerk and Recorders Office of Weld County, State of Colorado unless stated otherwise. 2) NOTICE: According to Colorado law, you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon (13-80-105 C.R.S.). Alles and Associates, Inc. and/or Kenneth R. Alles will not be liable for more than the cost of this survey and then only to the Client specifically shown hereon or in our file by signed authorization. Acceptance and/or use of this instrument for any purpose constitutes agreement by the client to all terms stated hereon. 3) BASIS OF BEARING: Considering the west line of the Northwest One —Quarter (NW4) of Section Thirty (30), Township Four (4) North, Range Sixty -Six (66) West, 6th P.M., County of Weld, State of Colorado to bear South 00'07'34" East, between monuments as shown on the plat, and all bearings contained hereon being relative thereto: 4) All known easements and/or rights —of —way, have been shown on this plat. The easements and or rights —of —way which are shown hereon may not be complete, are based on general information, and are to be used only in this context. 5) This land survey is only valid if print has the original seal and signature of the surveyor of record. SURVEYOR'S CERTIFICATE I, Kenneth R. Alles, a Registered Professional Land Surveyor in the State of Colorado do hereby certify that the survey represented by this plat was made under my personal supervision and checking. I further certify that the survey and this plat complies with all applicable rules, regulations, and laws of the State of Colorado, State Board of Licensure for Professional Engineers and Professional Land Surveyors, and Weld County, to the best of my knowledge. COUNTY NOTES: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right—of—way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 —foot radius of any tank battery or within a 150 —foot radius of any wellhead. Any construction within a 200 —foot radius of any tank battery or within a 150 —foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Platteville Fire Protection District to the Weld County Building Department. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles 1 and II of the Weld County Code. 8) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 10) Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 11) Prior to the release of building permits on Lot A, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld . County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 12) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long—standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long—established agricultural practices to accommodate the intrusions of urban users into a rural area. Well —run agricultural activities will generate off —site impacts, including noise from tractors and equipment; slow moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize on accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have on adjudicated right to the water. Weld County covers a land area of over four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including low enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self—sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. SHEET NO. 1 OF 1 DATE NO. REVISIONS BY CKD ALL/S AS OMi$3 (f ES, ll�C 428 N 2ND ST., LA SALLE, CO 80645 TELE: (970) 284-9562 FAX: (970) 284-9564 Drawn by: AM Checked: KRA Dote: 7/29/09 Approved: KRA BENEDICT & BETTY GUTFELDER 12027 CR 42 PLATTEVILLE, COLORADO 80651 RECORDED EXEMPTION RE -4931 Gutfelder RE -4932 Q 0 Gutfelder--0901 0 z 0 RECORDED EXEMPTION NO. 1057-19-3 RE -4932 S2 SW4, SECTION 19, T. 4 II., R. 66 W., 6 P.M. WELD COUNTY, COLORADO 695 7:3 1/4 COR SEC 19 FND #6 REBAR 2 1/2" ALUM CAP PLS 16154 1999 'CO 1717 tO N N 00.07' 30"E N00.07'30"E S89'5O'21 "E I 111111 nin uun iiiii iiu olio iiini iii nm uii ini 3655695 10/23/2009 12:06P Weld County, CO 1 of 1 R 11.00 O 0.00 Steve Moreno Clerk & Recorder 0' 100' 200' :..01 SCALE 1" = 200' 400' 2568.77' S89'46'00"E S89'46'OO"E 13 18 24 cfl U, N 0 24 CR 44 C 1/4 COR SEC 19 END #6 REBAR W/ 3 1/4" ALUM CAP PLS 10734 2OO3 18 17 19 T. 4 N. to to 19 CR 25.5 a LOT 19 A LOT B 25 3O 2572.15' CR 42 LOCATION MAP SCALE: 1" = 2OOO' 2O 0 2O 3O 29 ENCROACHMENT W/ BUILDINGS ON NORTH SIDE OF PROPERTY- S89'46'OO"E 504.77' S 1/16 COR SEC 19, 24 FND #6 REBAR W/ 2 1/2" ALUM CAP LS 34176 2OO8 FLOOD ZONE A COMMUNITY PANEL NUMBER O8O266 O75O C REVISED 9/28/1982 w 0 N') 0 0 0 z c2 rn rn of CO T. 4 N. 24 19 25 ■ 30 SE COR SEC 19 END #6 REBAR W/ 3 1/4" ALUM CAP LS 4392 1997 ( R=15O' PETROLEUM WELL LOTA 32.31± AC (31.74± AC LESS CR 42 ROW) TANK ( BATTERY 1 !-di R=2OO' N8 '41 . f,W \ .� . -I . .824.53'.._..__ \_._. 2067.38' N85'40' 2"E 125.97 N d0 :`)I 0 0 z. -EXIST AG 8c RES ACCESS FLOOD ZONE C COMMUNITY PANEL NUMBER O8O266 O75O C REVISED 9/28/1982 N co .c0 - --- 3O' SHARED EXIST AG OIL & GAS ACCESS CR 42 �-f- -ft t in too N89'41'39"W 2575.53' OZ -, LOT B 45.54± AC (43.45± AC LESS CR 42 & 25.5 ROW) N89'41'3c?W BOOK 2 PAGE 259 4/7/1879 CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD DIR CHORD C1 228.97' 760.31' 1715'17" 115.36' N67'12'O2"E 228.11' C2 215.11' 2547.39' 4'5O'18" 107.62' N59'46'12"E 215.05' C3 118.28' 338.86' 19'59'57" 59.75' N69.40'30"E 117.68' 1751.00 LEGEND 30.00' C -S 1/16 COR NOO'OO'OO"W N77'O6'46"E 46"E 108.41' R=15O' PETROLEUM WELL 1 EXIST AG & RES -� ACCESS EXIST AG OIL & GAS ACCESS SECTION CORNER L� 1/16 OR 1/4 CORNER 1/16 CORNER SET #6 X 3O" REBAR W/ 2 1/2" ALUM. CAP, L.S. 9644, 2OO9 SET #5 REBAR • W/ 2" ALUM. CAP PLS 9644 0 END REBAR W/CAP 3O' ROW -0.: 6O' ROW --+� BOOK 5 PAGE 33O :ter 12/17/1889 ir_ or) TANK / BATTERIES R�2OO''w� Y R=2OO'` N cc O -.4 N oci N S00'01'18"E S 1/4 COR SEC 19 END #6 REBAR W/ 3 1/4" ALUM CAP LS 13482 2OOO DESCRIPTION A parcel of land located in the South One —Half Southwest One —Quarter (S2 SW4) of Section Nineteen (19), Township Four (4) North, Range Sixty —Six (66) West of the 6th Principal Meridian, Weld County, Colorado, containing 77.85 acres, more or less. OWNER'S APPROVAL I (We), the undersigned, being the sole owners in fee of the above —described parcel(s) of land do hereby subdivide the same as shown on the attached map. I (We) understand that this parcel(s) is located within the "A" (Agricultural) zone district and is also intended to provide areas for the conduct of other uses, and uses by special review. B .�� r" Benedict Gutfelde Bettyfelder The foregoing certificate we s acknowledged before me this_ddy My Commission Expiresi. Notary Public: Witness my Hand and Seal: ACCEPTANCE ,614 This plat ccepted and approved for filing. Deportmen f Planning Services' Director The foregoing certificate My Commission Expires: Notary Public: _ was acknowledged before me Witness my Hand and Seal: _ SURVEYOR NOTES: this22aday ofOr-kA.D., O 1) All references to books, pages, maps and reception numbers are public documents on file at the Clerk and Recorders Office of Weld County, State of Colorado unless stated otherwise. 2) NOTICE: According to Colorado law, you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon (13 -8O -1O5 C.R.S.). Alles and Associates, Inc. and/or Kenneth R. Alles will not be liable for more than the cost of this survey and then only to the Client specifically shown hereon or in our file by signed authorization. Acceptance and/or use of this instrument for any purpose constitutes agreement by the client to all terms stated hereon. 3) BASIS OF BEARING: Considering the west line of the Southwest One —Quarter (SW4) of Section Nineteen (19), Township Four (4) North, Range Sixty -Six (66) West, 6th P.M., County of Weld, State of Colorado to bear North OO'O7'3O" East, between monuments as shown on the plat, and all bearings contained hereon being relative thereto: 4) All known easements and/or rights —of —way, have been shown on this plat. The easements and or rights —of —way which are shown hereon may not be complete, are based on general information, and are to be used only in this context. 5) This land survey is only valid if print has the original seal and signature of the surveyor of record. SURVEYOR'S CERTIFICATE I, Kenneth R. Alles, a Registered Professional Land Surveyor in the State of Colorado do hereby certify that the survey represented by this plat was made under my personal supervision and checking. I further certify that the survey and this plat complies with all applicable rules, regulations, and laws of the State of Colorado, State Board of Licensure for Professional Engineers and Professional Land Surveyors, and Weld County, to the best of my knowledge. COUNTY NOTES: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2OO3 International Building Code, shall be constructed within a 2OO-foot radius of any tank battery or within a 15O -foot radius of any wellhead. Any construction within a 2OO-foot radius of any tank battery or within a 15O -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-1O of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-•8--2O.C.1 of the Weld County Code. 4) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot(s) A and B may not be able to obtain building permits to construct non—agricultural structures. All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map O8O266 O75O C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59 and 6O. 5) The installation of any septic system within the 1OO—year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. 6) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 8) Prior to the release of building permit, the applicant shall submit evidence of approval from the Platteville Fire Protection District to the Weld County Building Department. 9) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 1O) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-2O and Section 29-3-2O.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 11) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 4O4 of the Clean Water Act. 12) Effective January 1, 2OO3, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2OO2-11) 13) Effective August 1, 2OO5, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2OO5-8 Section 5-8-40) 14) Prior to the release of building permits on Lot A, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (4OO) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 15) Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long—standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long—established agricultural practices to accommodate the intrusions of urban users into a rural area. Well —run agricultural activities will generate off —site impacts, including noise from tractors and equipment; slow moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of over four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self—sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. SHEET NO. 1 OF 1 DATE ._NO. 9/11/O9 REVISIONS BY CKD O1 ADDED NOTE OF ENCROACHMENT, CHANGED 5 1/16 COR. JKA KRA iLLI S AND I1SSOC8 J T/ $, lllny?C�'o 428 N 2ND ST., LA SALLE, CO 80645 TELE: (970) 284-9562 FAX: (970) 284-9564 Drawn by: AM Checked: KRA Date: 8/4/09 Approved: KRA BENEDICT & BETTY GUTFELDER 12027 CR 42 PLATTEVILLE, COLORADO 80651 RECORDED EXEMPTION RE -4932 eRecorded in Weld County, CO Doc Id: 3719668 09/21/2010 09:19 A Page: 1 of 3 Total Fee: $131.00 Steve Moreno, Clerk and Recorder WHEN RECORDED RETURN TO: Grotto Farms 1Z, LLC 619 N. Cascade Ave., Suite 200 Colorado Springs, CO 80903 WARRANTY DEED (Lot B of Recorded Exemption No. 1057 -19 -3 -RE -4932 and Lot B of Recorded Exemption No. 1057 -30 -2 -RE -4931) 44 THIS DEED is made this I day of September, 2010, by and between Benedict Gutfelder and Betty A. Gutfelder, whose legal address is 12027 CR 42, Platteville, CO 80651 ("Grantors"), and Grotto Farms II, LLC, a Colorado limited liability company, whose legal address is 619 N. Cascade Ave., Suite 200, Colorado Springs, CO 80903 ("Grantee') WITNESSETH, that Grantors, for good and valuable consideration, the receipt and sufficiency of which is hereby aclmowledged, hereby sell and convey, and by these presents do sell and convey unto the Grantee, its successors and assigns forever, the parcels of real property located in Weld County, Colorado, legally described on Exhibit A attached hereto. TOGETHER with all of the Grantors' mineral rights associated with and/or appurtenant to the parcels of real property located in Weld County, Colorado, legally described on Exhibit A attached hereto, including, but not limited to, all right, title, interest, claim and demand in and to all oil, gas, natural gas, sand, gravel and hydrocarbons appurtenant to such real property, together with any and all surface use, access easements, and all other rights in connection therewith (including exploration, extraction, well location, drilling, operation, replacement, recompletion, deepening, fracturing and twinning, completion, maintenance, production, work over, and noise mitigation rights and any and all other rights concerning the location of associated mineral production and drilling equipment and facilities, such as pipeline and flow easements, pipelines, tanks, separators, dehydrators, compressors and all other associated mineral drilling and production equipment and facilities, if any, that Grantors currently own). TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above described real property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said real property above described with appurtenances, unto the Grantee, its successors and assigns, forever. Grantors, for themselves and their respective successors and assigns, do covenant and agree that Grantors shall warrant and forever defend the above -described real property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof. [Signatures and acknowledgments appear on the following page] STUART TITLE eRecorded in Weld County, CO Doc Id: 3719668 09/21/2010 09:19 A Page: 2 of 3 Total Fee: $131.00 Steve Moreno, Clerk and Recorder IN WITNESS WHEREOF, Grantors have executed this Deed on the date set forth above. Benedict Gutfelder STATE OF COLORADO ) )ss. COUNTY OF NJ.a ) The foregoing Warranty Deed was acknowledged before me this C� day of Spa • 20.k:L., by "6..0.At:A t r�ei.\.q Witness my and and official seal. My commission expires: k —F -2cs t3 [SEAL] Notary Public Betty A, ntfellder STATE OF COLORADO LtL) ) ss. COUNTY OF 4 LI ) The foregoing Warranty Deed was acknowledged before me this tik-S day of 20_tp_, by Wittnessss my hand d official seal. My commission expires: [SEAL] Notary Public -2- eRecorded in Weld County, CO Doc Id: 3719668 09/21/2010 09:19 A Page: 3 of 3 Total Fee: $131.00 Steve Moreno, Clerk and Recorder EXHIBIT A 'decal Description of the Real Property Parcel 1 Lot B of Recorded Exemption No. 1057 -19 -3 -RE -4932, according to the map recorded October 23, 2009 at Reception No. 3655695, being a part of the S1/2 of the SW 1/4 of Section 19, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. And Parcel 2 Lot B of Recorded Exemption No. 1057 -30 -2 -RE -4931, according to map recorded October 23, 2009 at Reception No. 3655694, being a part of the N1/2 of the NW1/4 /4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., County of Weld State of Colorado. eRecorded in Weld County, CO Doc Id: 3815166 12/30/2011 12:58 P Page: 1 of 5 Total Fee: $74.28 Steve Moreno, Clerk and Recorder When recorded return to: HS Land & Cattle, LLC 20203 Highway 60 Platteville, CO 80651 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is dated to be effective as of December 29, 2011, and is made between: Grotto Farms II, LLC, a Colorado limited liability company ("Grantor"), whose legal address is 619 North Cascade Avenue, Suite 200, Colorado Springs, Colorado 80903, and HS Land & Cattle, LLC, a Colorado limited liability company ("Grantee"), whose legal address is 20203 Highway 60, Platteville, CO 80651. WITNESS, that Grantor, for and in consideration of the sum of Ten and no/100ths Dollars, ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto Grantee and its successors and assigns forever, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado, described as follows: Lot B of Recorded Exemption No. 1057 -19 -3 -RE -4932, according to the map recorded October 23, 2009 at Reception No. 3655695, being a part of the S1/2 of the SW1/4 of Section 19, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. AND Lot B of Recorded Exemption No. 1057 -30 -2 -RE -4931, according to map recorded October 23, 2009 at Reception No. 3655694, being a part of the N1/2 of the NW I /4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., County of Weld State of Colorado. (collectively, the "Property"). TOGEI'H>1R WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; RESERVING unto Grantor, all right, title, interest, claim and demand in and to all mineral, oil, and gas interests appurtenant to the Property (including all natural gas and other hydrocarbons), all rights and royalties related thereto under existing or future leases, and any and all surface use, access easements, and all other rights in connection therewith. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances, unto Grantee and its successors and assigns forever. Grantor, for Grantor STE fT'TIT E eRecorded in Weld County, CO Doc Id: 3815166 12/30/2011 12:58 P Page: 2 of 5 Total Fee: $74.28 Steve Moreno, Clerk and Recorder and Grantor's heirs and assigns, does covenant and agree that: the Property is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to those matters set forth herein and on Exhibit A attached hereto and incorporated herein by this reference; and Grantor shall and will WARRANT AND FOREVER DEFEND the above described Property in the quiet and peaceable possession of Grantee and its successors and assigns, against the lawful claims of all and every person or persons claiming the whole or any part thereof by, through or under Grantor. [Signature and notary appear on the following page] eRecorded in Weld County, CO Doc Id: 3815166 12/30/2011 12:58 P Page: 3 of 5 Total Fee: $74.28 Steve Moreno, Clerk and Recorder IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. GRANTOR: Grotto F : . I , LLC A Colora r imi ed il' company By: Name: Title: Auth ri /- d Rep e e tative STATE OF COLORADO ) ) ss. COUNTY OF El P450 The foregoing instrument was acknowledged before me this 2-3 day of December, 2011, by 5frfeth Zavave.--, as Authorized Representative of Grotto Farms II, LLC, a Colorado limited liability company, on behalf of said limited liability company. Witness my hand and official seal. Notary Public [SEAL] My commission expires: )4„ ) ZC« My Comm- Expires January 11, 2015 eRecorded in Weld County, CO Doc Id: 3815166 12/30/2011 12:58 P Page: 4 of 5 Total Fee: $74.28 Steve Moreno, Clerk and Recorder EXHIBIT A (Grotto Farms H to HS Land & Cattle) Affects both parcels: 1. Taxes and assessments for the year 2011 and subsequent years, a lien not yet due or payable. 2. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. Affects Lot B of Recorded Exemption No. 1057 -19 -3 -RE -4932: 3. Right of way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. 4. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded September 2, 1902 in Book 131 at Page 98 reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 5. Reservation of all mineral lands in the US Patent recorded March 18, 1897 in Book 153 at Page 40. 6. Reservation of all coal in the instrument recorded October 26, 1893 in Book 112 at Page 574, together with the appurtenant rights to use the surface. 7. All matters as shown on map recorded October 23, 2009 at Reception No. 3655695. 8. Right of Way Grant recorded December 29, 1994 in Book 1474 at Reception No. 2420883 and 2420884. 9. An oil, gas and mineral lease recorded March 19, 1970 at Reception No. 1544059 and any and all assignments thereof, or interests therein. Stipulation of Interest recorded April 17, 1989 at Reception No. 2176669. Notice of Oil and Gas Interests and surface Use recorded January 23, 2001 at Reception No, 2820950. Affidavit of Production and Extension of Leases recorded June 14, 2004 at Reception No. 3188742. Affects Lot B of Recorded Exemption No. 1057 -30 -2 -RE -4931: 10. Right of way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. eRecorded in Weld County, CO Doc Id: 3815166 12/30/2011 12:58 P Page: 5 of 5 Total Fee: $74.28 Steve Moreno, Clerk and Recorder 11. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 9, 1893 in Book 34 at Page 67. 12. Reservation of all coal, oil and other minerals in the instrument recorded March 7, 1944 in Book 1128 at Page 546, together with the appurtenant rights to use the surface. 13. Right of Way and Easement Agreement recorded June 15, 1988 in Book 1199 at Reception No. 2144876. 14. Pipeline Right of Way Grant recorded April 16, 1993 in Book 1379 at Reception No. 2329260 and re-recorded June 23, 1993 in Book 1388 at Reception No. 2338143. 15. Easement and Surface Use Agreement recorded August 3, 1995 in Book 1504 at Reception No. 2449783. 16. Right of Way Grant recorded December 29, 1994 in Book 1473 at Reception No. 2420884. 17. Easement, Right of Way and Surface Use Agreement recorded February 5, 2004 at Reception No. 3151614. 18. All matters as shown on map recorded October 23, 2009 at Reception No. 3655694. 19. Access and Irrigation Easement recorded September 21, 2010 as Reception No. 3719674. Affects both parcels: 20. Warranty Deed (Water Rights) recorded September 21, 2010 as Reception No. 3719669 and recorded December 6, 2010 at Reception No. 3736706. 21. Access and Irrigation Easement recorded September 21, 2010 as Reception No. 3719672. 22. Access and Drainage Easement recorded September 21, 2010 as Reception No. 3719673. 23. Dry Up Covenant and Easement Agreement recorded September 28, 2010 at Reception No. 3721517. 24. Dry Up Covenant and Easement recorded December 6, 2010 at Reception No. 3736707. BOOK 674 as AUG 221972 Recorded at o'clock. M., _ . ANN SPOMER Reception No. 1596100 Recorder. >;) L'1 CO THIS DEED, Made this 21st between GEORGE . of the County of Colorado, of the first part, and / day of zu gus t A. BRUCE JOid:SUI: and II. JOf2ISON of the County of ';•veld Colorado, of the second part: , 19 72 and State of and State of FILING STAMP State Documentary Fee Date AUG 219i2 O s O WITNESSETH, that the said party of the first part, for and in consideration of the sum of C Lighty-rive Thousand and i U/100 *** **"* "*"*"* "='t"*****x"'"*** " Ci DOLLARS r4 and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the p second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, O and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel • of land, situate, lying and being in the County of Weld and State t� of Colorado, to.wit: The South Half (51/2) of the I:orthwest ',uarter (NI;;1/4) of Section thirty (30) in Township Four (4) i:orth of Range Sixty-six (66) West of the 6th P.M., ca CCLTT a strip of land consisting of 4.9 Acres as conveyed by Deed recorded in Book 123 at Page 3E8, '.ie1d County ;records. Together with all water, weter rights, ditches and ditch rights appurtenant thereto end especially to ether with Ten Shares of the Farmers' Independent Ditch Co. water stock ui,c Two Irrigation ';ells :egistered in the Colorado State ,nf;ineers' Office .:s ::umbers 7164 end 7165, equipped with Fur ns end :"otors•ILR711 .:C: 11L:t unto ,rentor an undivided One Half (1/2) Interest in rand to all Oil, dc:s and other ::inerc1n,in and under the surface of the premises herein conveyed. ``�� rEXCrrERTIII2 • Mikkier�1g r se�r`rvgcj byt. U iionoPacVifi�c oRailroad CompCompany in 'i ii)EIT w?itli alh�,iw sinbu0O'ihe nereult�i:i,.:at� ::u ulptirt��ttces thereunto' belbnGin Rap p g , or to anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs. executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soave', L-i' '- -'E'J: General Taxes for 1917 ?, Ri hts of •,ioy for :ublic heads, Irri, Lion Ditches, any :icaervutions, :restrictions of irecord including, f'ie'ld County S111 -:division tetilfhtioils. .;uiiject to :Al ;,nd yss Lease of record in "look C23, '•fete County records. Inclusion within the northern Colorado •Va-er Conservancy District, the Plottn Volley Soil ':onservati-r. Divtrtct end the Plettevill Fire . rotection District $ nnc'. the 6entrul t.eld ;nur.ty dater District. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, ss. County of . u1 a The foregoing instrument was acknowledged before me this21:34; day of s t ,; ' : fe ] VL , •, ..•.... by .tug• e t::. o:. ; *�%'.• My Commission expires ( 1{�,• f ._'r /�/C , 19 Witness my hand al� , e ,n r got.ery�t73, 1ti 7 ' err r .�. '.ensen [SEAL] [SEAL] 'f S 'l:t \V.- RR.\\Il lei i I) l.`,I,.1111 le'li.l llll •If by natural person or persons here inert name or nap,,.; if by per.:on actin.: to reprc.entativu or official capacity or as attorney -in -fact, then insert name of pera,.n a:4 executor. attorneyin•fuct or other capacity or d.-..cril.tion : if by officer of corporation, then in.crt name of such officer or officer.. as the president or other officers of such corporation. nutninc it. Statutory Acknowledgment, See. 116.6.1 Colorado Revised Statutas. 1563. RECORDED EXEMPTION N2: I057 -3O -2 -RE 863 A82056934 B 1114 EEC 02054934 05/27/86 16:14 $6.00 1/002 F 0342 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 5.89°55'55W, 388.93' LOT "A" 1.00± ACRES N.89°55'55 E. 388.93' LOT "B' a 74t ACRES SCALE' ■ -FOUND PIN •-SET PIN R.67 W R.66 W. 24 VICINITY MAP SCALE: 1%2000' �ti tROJECT: 1986-54 N.90°00'00''W. 00'00"W. S.I/4 COR. 30-4-66 LOT "A'a 1.00± ACRES LOT "B'=74 ± ACRES TOTAL. a 75 ± ACRES OWNERS: A.BRUCE E a JANET H. JOHNSON 19619 W.C.R. 25-1/2 PLATTEVILLE, CO 80651 FREESE ENGINEERING APR. 24, 1986 SHEET I OF 2 B 1114 REC 02054934 05/27/86 16:14 $6.00 2/002 F 0343 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RECORDED EXEMPTION N2: 1057 -30 -2 -RE 863 LEGAL DESCRIPTION B'Ce ate! The South Half of the Northwest Quarter (SINW4) of Section 30, Township 4 North, Range 66 West of the 6th P.61., Weld County, Colorado, excepting 4.9 acres, more or less, for an 80 foot wide right-of-way strip deeded to Western Mutual Ditch on March 28, 1895 in Book 123 at Page 388. LEGAL DESCRIPTION LOT "A" All that part of the South Half of the Northwest Quarter (SINN}) of Section 30. Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the South Quarter Corner (Si Cor) of said Section 30 and con- sidering the South line of said Section 30 as bearing North 90°00'00" West with all other bearings contained herein relative thereto; Thence North 00°12'54" West, 3803.63 feet to the TRUE POINT OF BEGINNING; thence continuing North 00°12'54" West, 112.00 feet to a point on the South right-of-way line of the Western Mutual Ditch; Thence South 89°55'55" West along said South right-of- way line, 388.93 feet; Thence South 00°12'54" East, 112.00 feet; Thence North 89°55'55" East, 388.93 feet to the TRUE POINT OF BEGINNING. Said described parcel contains 1.00 acres, more or less, and is subject to rights -of -way or other easements as recorded by instruments of r d o any now existing on said described parcel of land. ecor d or as SURVEYOR'S CERTIFICATE I hereby certify that I have prepared this legal description, JAS 'ER FRE SE Colo .o P.E. & L,S, 43 PROPERTY OWNERS' APPROVAL 110, A. Bruce Johnson and Janet H. Johnson, being the sole owners n fee of the above described property do hereby subdivide the same shown on the attached map, as nso Yee �n �.,i..,. aennsonv Tlie forpggie5 certification waicknowledged before me by A. Bruce Johnson ,ftl • 00 ').ohnson, this day Att. f . 1986, Witness my hand and n My commission expires: 4i./1 -9O Not y u�4144" / PLANNING SERVICES APPROVAL This plat'+y,''cepted and approved for filing. ,41.11..)C o Director, Sept, o Ptarming 'S ThEk. foregoing' certification was acknowledged before me this ,3AA36. Witness my hand and seal. _ daY of My Commission expires: to tAlior t+ 10 IPA PROJECT: 1986-54 FREESE ENGINEERING APR. 24, 1986 SHEET 2 OF 2 e0 122H2 o6-ir6 £98 38-Z-0£-6901'8 N N0I1d IN X3 03080038 AMENDED RECORDED EXEMPTION N21O57-3O-2 -RUMS I 1 FILE #5067 ENV 2825 ARZL8bl69`I B 1234 REC 02181149 05/31/89 15:04 $9.00 1/003 F 0075 MARY ANN FEUERSTEIN CLERK 8 RECORDER WELD CO, CO Western Mutual Ditch SCALE: I "= 400' 0 - Set pin al— aunt pl n R.67W R66W 24 U 019 WCR 42 Western c Mutuai0itch 30 25 z s I-; cc 36 cc C.? WCR 4O 31 ae8o5 ss'w 368193' 30' r'LO r0�'W I 265%531 x .`: Sinew N. 9O°00.00" W. 30-4-66 ORIGINAL. BASIS OF RO.B. MARINO LOT'A' = 1.0*Ac. LOT 'B' =25.11 tAc. TOTAL :26.11&Ae. OWNERS: A. BRUCE a JANET N. JOHNSON 19619 WCR 25 1/2 PLATTEVEILLE .00 80651 VICINITY MAP SCALE,Ip=20O0' EREE2SE CNGIN2ERING 1966-92 ^_MENDED RECORDED EXEMPTIDVII N21057-.30-2 -RE863 B 1234 REC 02181149 05/31/89 15:04 S9.00 2/003 F 0076 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO LEGAL DESCRIPTION An that part of the South Half (Si) of the Northwest Quarter (NW}) of Section 30. Township 4 North. Range 66 West of the 6th P.M., Weld County. Colorado, being more particularly described as follows: Beginning at the South Quarter Corner (Si Car) of said Section 30 and considering the South line of the Southwest Quarter (SWi) of said Section 30 as bearing North 90°00'00" West and with all other bearings contained herein relative thereto: Thence North 00°18'03" West along the North -South centerline of said Section 30. 2659.53 feet to the center corner of said Section 30; Thence continuing North 00°18'03" West along the North -South centerline of said Section 30. 20.00 feet to the TRUE POINT OF BEGINNING (T.P.O.B.); '.Thence North 89°55'43" West. 867.20 feet;WtL ''hence North 00°12'54" West. 1313.95 feet; p` s Thence South 89°48'02" East, 865.24 feet to a point on the North -South centerline of said Section 30; Thence South 60°18'09" East. 1312.02 feet ,along said North -South centerline to the TRUE POINT OF BEGINNING (T.P.O.B.). Said described parcel contains 26.11 acres, more or less, and is subject to any rights -of -way or other easements as recorded by instruments of record or as now existing on said described parcel of land and including 1.6 acres, more or less for an 80 foot wide right-of-way strip deeded to Western Mutual Ditch on March 28, 1895, in Book 123. at Page 388, Weld County Records. LEGAL DESCRIPTION Lot ' Aie All that part of the South Half (Si) of the Northwest Quarter (NW$) of Section 30, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the South Quarter Corner 1 S$ Cor) of said Section 30 and considering the South line of said Section 30 as bearing North 90°00'00" West and with all other bearings contained herein relative +thereto: Thence North 00°18'03" West along the North -South centerline of said Section 30. 2659.53 feet to the center corner of said Section 30; Thence continuing North 00°18'03" West along the North -South centerline of said Section 30, 1142.10 feet to the TRUE POINT OF BEGINNING (T.P.O.B.): Them continuing North 00°18'03" West. 112.00 feet to a Feint on the South right- .f-isay'jine of the Western Mutual Ditch; Thence South 89°55'55" West along said South right-of-way line, 388.93 feet; Thence South 00°12'54" East, 112.00 feet; Thence North 89°55'55" Bast. 389.10 feet (388.93 Record) to the TRUE POINT OF BEGINNING. Said described parcel contains 1.00 acre, more or less, and is subject to any rights -of -way or other easements as recorded by instruments of record or as now existing on said described parcel of land. FREESI! ENGINEERING I98$ '92 ■ AMENDED RECORDED EXEMPTION Ne 0057-30- 2 - RE8631 B 1234 REC 02181149 05/31/89 15:04 $9.00 3/003 F 0077 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO We. A. Bruce Johnson and Janet H. Johnson. being the sole owner(s) in fee of the above described property do hereby subdivide the same as shown on the attached map. certification was acknowledged before me this day of by A. Bruce Johnson and Janet H. Johnson. Witness Tay hand 1= Spires: Its Pr919 Iuettby certify that this plat was prepared �rr supervision and that the same is correct to the best of my know�� \�xf? ef. Re: lte ; d Land Surveyor, Colo. Reg. t ATTEST: County Clerk: . _..311 OZI"Ige.p:.e60 Date /.5a/Ry COUNTY COMMISSIONER'S CERTIFICATE The accompanying plat is accepted and approved for filing. • Bawd of County Commissioners FREESE ENGINEERING 1988-92 B 1235 REC 02182581 06/13/89 16:12 $18.00 1/006 F 0946 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR218!58L DEED IN LIEU OF FOR1 OLCSURE KNOW ALL PEA BY THESE PRESENTS: State umentary a -F Date ..7Q. .. THAT the undersigned, A. Bruce Johnson and Janet H. Johnson 'hereafter "Grantors"), claim an interest in, and legal title to certain real property, described herein, which is secured to THE FEDERAL LAND BANK OF WICHITA, r,i known as FARM CREDIT BANK OF WICHITA (hereafter "Farm Credit Bank" or "Grantee") under that certain Mortgage dated March 20, 1980, and recorded on March 21, 1980 in Book No. 898, Reception No. 1820264 in the records of Weld County, Colorado, securing Loan N. 0790881-0-0 by Farm Credit Bank to Grantors; and WHEREAS, Grantors acknowledge their default in the loan secured by the foregoing Mortgage securing the Farm Credit Bank loan and Grantors have entered into that certain Restructuring Agreement with Farm Credit Bank, dated June 12 f 1989, by which they have agreed to restructure their debt and have agreed to deed to Farm Credit. Bank the property conveyed U.F. herein in partial satisfaction of their debt due to Farm Credit Bank, along $6.90 with other actions and performances due under the Restructuring Agreement; and WHEREAS, Grantors desire to perform, and have agreed to perform, pursuant to that certain Restructuring Agreement, waiving any and all further right, title, claim or interest in the property set forth below. NOW, THEREFORE, for good and valuable consideration, Grantors hereby acknowledge Farm Credit Bank Loan No. 0790881-0-0 is in default, is secured by the real property described below, disclaim all further right, title and interest in and to the property conveyed hereunder, including but not limited to any rights of homestead, leaseback, repurchase, redemption, or continued possession, and does hereby absolutely grant, convey, transfer and assign to 'BCE FEDERAL LAND BANK OF WICHITA, now known as FARM CREDIT BANK OP WICHITA, a corporation, whose address is 245 North Waco, P. O. Box 2940, Wichita, Kansas 67201-2940, its successors and assigns, all of Grantors° right, title and interest, including by way of description, and not limitation, rights in reversion or abandonment including those under the Bankruptcy Code, Title 11 U.S.C., rights of first refusal, repurchase, leaseback, restructure, cure, continued possession or redemption in and to all or any part the the following described property located in Weld County, Colorado, to -wit: See Exhibit "A" TO HAVE AND TO HOLD THE SAME, together with all growing crops, water, water rights, fixtures, equipment and appurtenances, and rights used and obtained or pertaining thereto, free and clear of any and all, further right, title, interest or claim of Grantors, and free and clear of all liens or encumbrances other than those held by Grantee under its Mortgage. Page 1 of 3 Pages SKLD, Inc. HT SKL19458 WE 2182581-1989.001 S 1235 REC 02182581 06/13/89 16:12 $18.00 2/006 F' 0947 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO GRANTORS WARRANT and shall forever defend the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against anyone claiing the whole or any part, parcel or interest in the above premises. Grantors acknowledge that this Deed has been tendered after full disclosure of the waivers contained herein and consultation with and upon the advice of Grantors' counsel, and has been freely and voluntarily given. Grantors acknowledge and agree their default under the original loan documents shall, for the purposes of this need, be deemed to be a continuing default in light of their waiver, quitclaim and assignment of all further rights in the property, including any rights of redemption, first refusal, leaseback, and restructure, as set forth above. Grantors acknowledge that Grantee's acceptance and recordation of this conveyance shall not be deemed a merger or waiver of Grantee's rights as a mortgagee or beneficiary under any Mortgage, Deed of Trust or other security instrument secured by the property, bt't is made solely for the purposes of providing a Deed in Lieu of Foreclosure to clear title, transfer possession and avoid, to the extent possible, aaditional costs, expenses and delays of judicial or public trustee foreclosure of the Grantee's rights under the above -described Mortgage. This conveyance is an absolute conveyance and is not intended as a grant of a mortgage or other security document. Further, Grantee's acceptance of this conveyance shall not be deemed or construed a merger or waiver of Grantee's right or claims under the loan secured by the foregoing property to commence or continue foreclosure or any other proceeding to collect the full amounts due under Grantee's loan from the property or any other parties that may be liable thereon in the event grantee deems or feels it necessary for any reason to continue such proceedings to clear title to the property. By their execution of this deed, Grantors hereby acknowledge, stipulate and agree to the voluntary waiver of any right of redemption, leaseback and restructure under state or federal law, and any right as a qualified farm owner -tenant or previous owner with informed consent. As a part of this conveyance, effective as of the date hereof, Grantors have specifically waived any rights it may have or claim as a qualified farm-owner/tenant under the provisions of 13-40-125► including any further rights to Leaseback, .right of first refusal, or going -away crops, and any and all rights under 13--40-104112), 13-40-124, 13-40-125► or 13-40-126, C.R.S., as amended. Further, Grantors specifically waive any rights of restructure or to repurchase or leaseback the property under the Pderal Agricultural Credit Act of 1987. Page 2 of 3 Pages SKLD, Inc. HT SKL19458 WE 2182581-1989.002 B 1235 REC 02182581 06/13/89 16:12 $18.00 3/006 F 09413 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO Fbr Notices under 13-40-125, C.R.S., amended by S.B. 123, the parties agree their addresses for Notice purposes shall be: Farm Credit Bank of Wichita c/o Farm Credit Services 127 22nd Street Greeley, CO 80631 Mr. and Mrs. A. Bruce Johnson 19619 Weld County Road 25 1/2 Platteville, CO 80651 or such other address as the parties may provide one another from and after the effective date of this Deed, in writing. Grantors hereby acknowledge THEY HAVE THE RIGHT TO REVOKE THE FOREGOING WAIVER UPON WRITTEN NOME SERVED UPON AND RECEIVED BY GRANTEE WITHIN THREE 43) BUSINESS DRYS AFTER EXECUTION HEREOF. DATED this /42 day o Page 3 of 3 Pages SKLD, Inc. HT SKL19458 WE 2182581-1989.003 S 1235 REC 02182581 06/13/89 16:12 $18.00 4/006 F 0949 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" LEGAL DESCRIPTION AR that part of the South Half (Si) of the Northwest Quarter (NW*) of Section 30, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the South Quarter Corner (Si; Cor) of said Section 30 and con- sidering the South line of the Southwest Quarter (SW*) of said Section 30 as bearing North 90°00'00" West and with all other bearings contained herein relative thereto: Thence North. 00°18'03" West along the North -South centerline of said Section 30, 2659.53 feet to the center corner of said Section 30 and the TRUE POINT OF BEGINNING (T.P,O.B.); Thence North 89°5543" West along the South line of the Northwest Quarter (NW*), 2583.57 feet to the West Quarter Corner (W* Cor) of said Section 30; Thence North 00°07'35" West along the West line of the Northwest Quarter (NW*) of said Section 30, 1337.77 feet to the Northwest Corner (NW Cor) of the South Half (Si) of the Northwest Quarter (NW*) of said Section ;i0; Thence South 89°48'02" East along the North line of the South Half (Si) of the Northwest Quarter (NW*) of said Section 30, 172.4.30 feet; Thence South 00°12'54" East, 1313.95 feet; Thence South 89055'43" East, 867.20 feet; to a point on the North -South centerline of said Section 30; Thence South. 00°18'03" East, 20.00 feet along said North -South Center line to the TRUE POINT OF BEGINNING. Said described parcel contains 53.00 acres, more or less, and is subject to any rights -of -way or other easements as recorded by instruments of record or as now existing on said described parcel of land and including 3.15 acres, more or less for an 80 foot wide right-of-way strip deeded to Western Mutual Ditch on March 28, 1895, in Book 123, at Page 388, Weld County Records. Together with 6 shares of the capital stock of The Farmers Independent Ditch Company and 100% of Benson Well No. 1-7164 and 75% of Benson Well No. 2.7165 and together with all water rights and all wells and equipment used for irrigation of said land. SKLD, Inc. HT SKL19458 WE 2182581-1989.004 F 02182581 0950 MARY ANN FEUERSTEIN/CLERK &IRECORDER �WELD CO, COO EiXBIT "s" Page 2 EN:EWING therefrom a portion of land in the Sl/2sg1/4 of Section 30, 7lbwnship 4 North, Range 66 West of the 6th P.M., described as follows: Beginning at the South Quarter Corner o€ said Section 30 and considering the South Line of said Section 30 as bearing North 90000'00" west with all other bearings contained herein relative thereto; Thence North 00:18'03" west 3261.70 feet to the True Point of Beginning; Thence South 891/4'47'06" West 867.20 feet; Thence North 00'12'54" West 100.00 feet; Thence North 89'47'06" Bust 867.20 feet; Thence South 00'12'54" East 100.00 feet to the True Point of Beginning, Weld County, State of Colorado. Said described parcel of land contains 2.000 Acres, more or less. • SKLD, Inc. HT SKL19458 WE 2182581-1989.005 AMENDED RECORDED EXEMPTION N2,I057-30-2 -RE863 FP) //2S 8 1/4 o Western Mutual Ditch co �- S. 89°4802"E. 8 1234 REC 02181149 05/31/89 15:04 $9.00 1/003 F 0075 MARY ANN FEUERSTEIN CLERK & RECORDER WEED CO, CO S 1235 REC 02182581 06/13/89 16:12 $18.00 6/006 F 0951 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO CJ as of 3t 2579.54' S.89°55'55"W. 388.93' 1714.30 53.00 AC. EXCLUDED U) rn 865.24 SOD°12'g4' . N.89"58'55" E. 389.10' 112.00 LCIT 111. LOT '8' Q N N 25. i i AC, . LR0.B. N.69°55'43" W. 867 20' SW Cor 30-4-66 N .89°55'43"W. . 2583.57' SCALE: II ", 400' • - S e t p i n ■ -- found pin R.S7W R66W 24 Waste Mutual Ditch .ti g'• .::. • • . �r LOT.. II II PS II WCR 42 25 0II z in a N N H rt u a: 36 2O 32 VICINfTY MAP SCALEtr=2000' ��i)k!G�IIi fnr>Y SKLD, Inc. HT SKL19458 WE 2182581-1989.006 112.00' 0 a Ni CJ.. m �a vla xJ Ea). O O f��/111 20.00' I Cnfr.Cor. e 3O' 30' N.0CPI8'O ' W. E859.53' S I/4 Cor N.90°00'00" W. 30-4-68 ORIGINAL BASIS OF P.0.8. BEARING LOT'A' 1,0 *Ac. LOT '8' =2,5.11 tAc. TOTAL =26.IIAAc. OWNERS: A. BRUCE a JANET H. JOHNSON i96I9 WCR 25 1/2 PLATTEVILLE,CO 80651 B 1240 REC 02187350 08/04/89 16:24 $20.00 1/004 F 0012 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR218735U DEED IN LIEU (P FORECWSURE KNOT ALL PERSONS BY THESE PA'S: THAT the undersigned, A. Bruce Johnson and Janet H. Johnson (hereafter "Grantors"), claim an interest in, and legal title to certain real property, described herein, which is secured to THE FEDERAL LAND BANK OF WICHITA, now known as FARM CREDIT BANK OF WICHITA (hereafter "Farm Credit Bank" or "Grantee") under than: certain Mortgage dated March 20, 1980, and recorded on March 21, 1980 in Book No. 898, Reception No. 1820264 in the records of Weld County, Colorado, securing Loan No. 0790881-0-0 by Farm Credit Bank to Grantors; and WHEREAS, Grantors acknowledge their default in the loan secured by the foregoing Mortgage securing the Farm Credit Bank loan and Grantors have entered into that certain Restructuring Agreement with Farm Credit Bank, dated June 12 , 1989, by which they have agreed to restructure their debt and have agreed to deed to Farm Credit Bank the property conveyed herein in partial satisfaction of their debt due to Farm Credit Bank, along with other actions and performances due under the Restructuring Agreement; and WHEREAS, Grantors desire to perform, and have agreed to perform, pursuant to that certain Restructuring Agreement, waiving any and all further right, title, claim or interest in the property set forth below. NOW, THEREFORE, for good and valuable consideration, Grantors hereby acknowledge Farm Credit Bank Loan No. 0790881-0-0 is in default, is secured by the real property described below, disclaim all further right, title and interest in and to the property conveyed hereunder, including but not limited to any rights of homestead, lees'eback, repurchase, redemption, or continued possession, and does hereby absolutely grant, convey, transfer and assign to THE FEDERAL LAND BANK OF WICHITA, now known as FARM CREDIT BANX OF WICHITA, a corporation, whose address is 245 North Waco, P. 0. Box 2940, Wichita, Kansas 67201-2940, its successors and assigns, all of Grantors' right, title and interest, including by way of description, and not limitation, rights in reversion or abandonment including those under the Bankruptcy Code, Title 11 U.S.C., rights of first refusal, repurchase, leaseback, restructure, cure, continued possession or redemption in and to all or any part the the following described property located in Weld County, Colorado, to -wit: See Exhibit "A" TO HAVE AND TO HOLD THE SAME, together with all growing crops, water, water rights, fixtures, equipment and appurtenances, and rights used and obtained or pertaining thereto, free and clear of any and all further right, title, interest or claim of Grantors, and free and clear of all liens or encumbrances other than those held by Grantee under its Mortgage. Page 1 of 3 Pages SKLD, Inc. HT SKL19458 WE 2187350-1989.001 B 1240 REC 02187350 08/04/89 16:24 $20.00 2/004 F 0013 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO GRANTORS WARRANT and shall forever defend the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against anyone claiming the whole or any part, parcel or interest in the above premises. Grantors acknowledge that this Deed has been tendered after full disclosure of the waivers contained herein and consultation with and upon the advice of Grantors' counsel, and has been freely and voluntarily given. Grantors acknowledge and agree their default under the original loan documents shall, for the purposes of this Deed, be deemed to be a continuing default in light of their waiver, quitclaim and assignment of all further rights in the property, including any rights of redemption, first refusal, leaseback, and restructure, as set forth above. Grantors acknowledge that Grantee's acceptance and recordation of this conveyance shall not be deemed a merger or waiver of Grantee's rights as a mortgagee or beneficiary under any Mortgage, Deed of Trust or other security instrument secured by the property, but is made ,solely for the purposes of providing a Deed in Lieu of Foreclosure to clear title, transfer possession and avoid, to the extent possible, additional costs, expenses and delays of judicial or public trustee foreclosure of the Grantee's rights under the above -described Mortgage. This conveyance is an absolute conveyance and is not intended as a grant of a mortgage or other security document. Further, Grantee's acceptance of this conveyance shall not be deemed or construed a merger or waiver of Grantee's right or claims under the loan secured by the foregoing property to commence or continue foreclosure or any other proceeding to collect the full amounts due under Grantee�•s loan from the property or any other parties that may be liable thereon in the event grantee deems or feels it necessary for any reason to continue such proceedings to clear title to the property. By their execution of this deed, Grantors hereby acknowledge, stipulate and agree to the voluntary waiver of any right of redemption, leaseback and restructure under state or federel law, and any right as a qualified farm owner -tenant or previous owner with informed consent. P. a part of this conveyance, effective as of the date hereof, Grantors have specifically waived any rights it may have or claim as a qualified farm-ownee/tenant under the provisions of 13-40-125, including any further rights to leaseback, right of first refusal, or going -away crops, and any and all rights under 13-40-10442), 13-40-124, 13-40-125, or 13-40-126, C.R.S., as amended. Further, Grantors specifically waive any rights of restructure or to repurchase or leaseback the property under the Federal Agricultural Credit Act of 1987. Page 2 of 3 Pages SKLD, Inc. HT SKL19458 WE 2187350-1989.002 B 1240 REC: 02187350 08/04/89 16:24 $20.00 3/004 F 0014 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO For Notices under 13-40-125, C.R.S., amended by S.B. 123, the parties agree their addresses for Notice purposes shall be: Farm Credit Bank of W5chita c/a Farm Credit Services 127 22nd Street Greeley, CO 80631 Mr. and Mrs. A. Bruce Johnson 19619 Weld County Road 25 1/2 Platteville, CO 80651 or such other address as the parties may provide one another from and after the effective date of this Deed, in writing. Grantors hereby acknowledge THEY HAVE THE RIGHT TO REVOKE THE FOREGOING WAIVER UPON WRITTEN ROBE SERVED UPON AND RECEIVED BY GRANTEE WITHIN THREE 113) BUSINESS DAYS AFTER EXECUTION HEREOF. DATED this /c day of STATE OF COLokAA0 SS: COUNTY OF WELD The foregoing instrument was acknowledged before me this 3rd day of August , 1989 by A. Bruce Johnson and Janet H. Johnson. al -��-i-• M commission Expires: ' c ary Public May 7. 1990 Page 3 of 3 Pages 27 22nd Street Greeley, CO 80631 SKLD, Inc. HT SKL19458 WE 2187350-1989.003 EXHIBIT "A" LEGAL DESCRIPTION All that part of the South Half (Si) of the Northwest Quarter ? of Section 30, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the South Quarter Corner (Si Cor) of said Section 30 and con- sidering the South line of the Southwest Quarter (SWI) of said Section 30 as bearing North 90°00'00" West and with all other bearings contained herein relative thereto: Thence North 00°18'03" West along the North -South centerline of said Section 30, 2659.53 feet to the center corner of said Section 30 and the TRUE POINT OF BEGINNING (T.?,O,B,); Thence North 89°55'43" West along the South line of the Northwest Quarter (NW4), 2583.57 feet to the West Cor) of said Section 30; Thence North 00°07'35" West along the y Westnline( of the Northwest Quarter (NS7) of said Section 30, 1337.77 feet to the Northwest Corner (NW Cor) of the South Half (Si) of the Northwest said Section 30; Thence South 89°48'02" East along the North line f therter w South Half (Si) of the Northwest Quarter (NWi) of said Section 30, 1714.30 feet; Thence South 00°12'54" East, 1313.95 feet; Thence South 89°55'43" East, 867.20 feet; to a point on the North -South centerline of said Section 30; Thence South 00°18'03" East, 20.00 feet along said North -South Center line to the TRUE POINT OF BEGINNING. Said described parcel contains 53.00 acres, more or less, and is subject to any rights -of -way or other easements as recorded by instruments of record or as now existing on said described parcel of land and including 3.15 acres, or less for an 80 foot wide right-of-way strip deeded to Western Mutual Ditch on March 28, 1895, in Book 123, at Page 388, Weld County Records. Together with 6 shares of the capital stock of The Farmers Independent Ditch Company and 100% of Benson Well No. 1-7164 and 75% of Benson Well. No. 2-7165 and together with all water rights and all wells and equipment used for irrigation of said land. B 1240 RRC 02187350 08/04/89 16:24 $20.00 4/004 F 0015 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SKLD, Inc. HT SKL19458 WE 2187350-1989.004 AR2L88366 B 1240 REC 02188366 08/11/89 16:25 $15.00 1/003 F 2094 MARY ANN F'EUERSTBIN CLERK 5 RECORDER WELD CO, CO CORPORATION SPECIAL WARRANTY DEED Dete 41.44,4i.e22.:1 Stateppcumerpry Fee Farm Credit Bank of Wichita f/k/a The Federal Land Bank of Wichita THIS INDENTURE, made this 11th day of August, 1989, between FARM CREDIT BANK OF WICHITA F/K/A THE FEDERAL LAND BANK OP WICHITA, Wichita Kansas, a corporation, party of the first part, and STEVEN G. WEIGANDT and SHERYL MARIE WEIGANDT, as Joint Tenants, whose address is 1640 34th Ave.; Greeley, CO 80631 parties of the second part. WITNESSETH: That the said party of the first part, for and in consideration of the sum of $67,000.00 (Sixtyseven Thousand and DF no/100's) DOLLARS, $6..70 and other valuable consideration to it in hand paid by the said parties of the second part, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said parties of the second part, their heirs, successors and assigns, forever, its title and interest in the following described real estate situated in the County of Weld and State of Colorado, to wit: Legal Description is attached as Exhibit "A" and incorporated by reference herein. Resevering unto the Grantor herein all minerals and mineral rights owned by the Grantor herein which were acquired prior to January 23, 1966. SUBJECT TO: Easements, rights of ways, restrictions, reservations, mineral interests or mineral leases, and any building or zoning restrictions or regulations, and discrepancies an accurate survey would reveal. And further subject to an existing Farm Lease with A. Bruce Johnson. TO HAVE AND HOLD The same, together with all and singular the title and interest of the party of the first part in and to the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, forever. And the said party of the first part hereby covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises; and that it will WARRANT AND DEFEND the same unto the partiesof the second part, their heirs, successors, and SKLD, Inc. HT SKL19458 WE 2188366-1989.001 B 1240 REC 02188366 08/11/89 16:25 $15.00 2/003 F 2095 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO assigns, and all and every person or persons whomsoever lawfully claiming through, by or under it, them, or either of them. IN WITNESS WHEREOF, The laid party of the first part these presents to be signed by its vice president corporate seal to be affixed hereto, and attested by its by and with the consent and authority of its Board of on the date and year first above written. ATTEST: •: RAL �q •. r'• • Cs By Assistant S cretary has caused , and its Secretary, Directors, Ninth District Federal Land Bank Association, a Corporation as Attorney in Fact for Farm Credit Bank of Wichita f/k/a The Federal Land Bank of Wichita, a corporation. Vice President ACKNOWLEDGEMENT STATE OF COLORADO ) SS. COUNTY OF WELD Before me, the undersigned. a Notary Public in and for said County and State, on this 11th day of August, 1989, personally appeared Glen D. Buttolph to me personally known and known to me to be the identical person who subscribed the name of Ninth District Federal Land bank Association, a Corporation as Attorney in Fact for Farm Credit Bank of Wichita f/k!a The Federal Land Bank of Wichita, Wichita, Kansas, a corporation, to the foregoing instrument as its Vice President, and he being known by me duly sworn did say that he is such officer and that the seal affixed to said instrument is the corporate seal of said corporation and that the same was signed and sealed in behalf of said corporation by authority of its board of directors, and he acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the uses and purposes set forth and specified therein. WITNESS my hand and seal the day and year last above written. Notary Public My'•.Coiwnission expires: February 26, 1991 <k t..k %, t ‘‘W1tDEED•FLB " y 6 F C SKLD, Inc. HT SKL19458 WE 2188366-1989.002 ti B 1240 REC 02188366 08/11/89 16:25 $15.00 3/003 F 2096 MARY ANN FEDERSTEIN CLER1 & RECORDER WELD CO, CO EXHIBIT "A" Covering the Land in the Stste of Colorado, County of Weld. Described as: All that part of the South Half (S1/2) of the Northwest Quarter (NW1/4) of Section 30, Township 4 North, Range 66 West of the 6th P.M., being more particularly described as follows: BEGINNING at the South Quarter Corner (81/4 Cor) of said Section 30 and considering the South line of the Southwest Quarter. (SW1/4) of said Section 30 as bearing North 90'00'00" West and with all other bearings contained herein relative thereto; thence North 00'18'03" West along the North -South centerline of said Section 30, a distance of 2659.53 feet to the center corner of said Section 30 and the TRUE POINT OF BEGINNING (T.P.O.B.); thence North 89'55'43• West along the South line of the Northwest Quarter (NWI/4), 2583.57 feet to the West Quarter Corner (W1/4 Cor) of said Section 30; thence North 00'07'35• West along the West line of the Northwest Quarter (NW1/4) of said Section 30, a distance of 1337.77 feet to the Northwest Corner (NW Cor) of the South Half (S1/2) of the Northwest Quarter (NW1/4) of said Section 30; thence South 89'48'02' East along the North line of the South Half (S1/2) of the Northwest Quarter (NW1/4) of said Section 30, a distance of 1714.30 feet; thence South 00'12'54" East, 1313.95 feet; thence South 89'55'43' East, 867.20 feet; to a point on the North -South centerline of said Section 30; thence South 00'18'03' East, 20.00 feet along said North -South Center line to the TRUE POINT OF BEGINNING. EXCEPT a parcel of land conveyed to The Western Drainage and Water Supply Company by Deed recorded March 8, 1895 in Book 123 at Page 388, being more particularly described as follows: A strip of land 80 feet wide lying and being 40 feet wide on each side of the following described centerline: COMMENCING on West line of the SW1/4 WW1/4 Section 30, Township 4 North; Range 66 West of the 6th P.M., and extending in an Easterly direction from a point on said line about 1365 feet South of the Northwest corner of said Section; thence N76' -30M' East a distance of 2645 feet to a point on the East line of the SE1/4 NW1/4 of Section 30, about 1365 feet South of the North Quarter corner of said Section. TOGETHER WITH six shares of the capital stock of six shares of the capital stock of The Farmers Independent Ditch Company, and together with all irrigation water used for the irrigation of the above described property, including but not limited to, 100% interest in Benson Well No. 1-7164 and 75% interest in Benson Well No. 2-7165, adjudicated in Case t+'o. W-3050. SKLD, Inc. HT SKL19458 WE 2188366-1989.003 WEIGANDT RE -4849 0 z3 GANDT-080 O z CO O RECORDED EXEMPTION NO. 1057-30-2 RE -4849 PART S2 N W4, SECTION 30 . _ tlllllLllL1 , T. 4 N . R . 6 6 W. 6-M P.M. 11111115103\11,5111110\u\llolil\oll etiKRecorders s407 401023008 0447 4 44 Steve MorenoG►WELD COUNTY, COLORADOiof 1 R 1i.44 D '... 24 19 NE COR END 3 1/4" 25 30 ALUM CAP LS 4392 1997 CR 40.6 00 00 BOOK 17 PAGE 81 1/7/1921 to to V N89'48'02"W S89'48'02"E N 1/4 COR END 3 1/4" ALUM CAP LS 13482 2000 SO0'07'28"E N89'48'02" W co O 0 200.00' LOTA 4.00± AC OD cfl N CO N00.07'28"W EXIST AG CCESS M N OD S89'55'43"E 200.00' • W 1/4 COR END 3 1/4" I ALUM CAP cc LS 7242 U. 1997 20' ROW T NOTE: CR 40.5 ROW DOES NOT CONTINUE ACROSS SECTION 30. BOOK 17 PAGE 81 1 /7/1921 LEGEND Lz1 1714.24' LOTB 49.00± AC (48.99± AC LESS CR 25.5 ROW) N bp. CS R=200' TANK BATTERY SECTION CORNER 1/16 Sc 1/4 CORNER • SET REBAR W/CAP PLS 9644 O FND REBAR W/CAP WESTERN MUTUAL DITCH S89'55'43"E 2453.33' 0' 100' 200' 400' SCALE: 1" = 200' 'ro 0 z 865.31' LOT A 2ND AMRE-863 —NOT A PART — R=150' \PETROLEUM/ WELL LOT B RE -4850 —NOT A PART— LOT A RE -4850 —NOT A PART— --~- TANK - BATTERY • R�20 I 0' N89'55'43"W 867.20' BOOK 5 PAGE 330 12/7/1889 I 30' ROW_ -. 60' ROW -- EXIST AG, OIL & GAS ACCESS R=200' TANK BATTERY / \ / 24 19 T. 4 N. 25 LOT A_\ CR 40 1/2 N co 25 CR 42 19 20 30 30 LOT B to to to a� N a! 30 30 36 31 CR 40 LOCATION MAP SCALE: 1"=2000' 29 0 _� 29 31 32 C 1/4 COR END 2 1/2" ALUM CAP PLS 9644 2003 N O0'17' 53"W 20.00' SURVEYOR NOTES: 1) All references to books, pages, maps and reception numbers are public documents on file at the Clerk and Recorders Office of Weld County, State of Colorado unless stated otherwise. 2) NOTICE: According to Colorado law, you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon (13-80-105 C.R.S.). Riles and Associates, Inc. and/or Kenneth R. Alles will not be liable for more than the cost of this survey and then only to the Client specifically shown hereon or in our file by signed authorization. Acceptance and/or use of this instrument for any purpose constitutes agreement by the client to all terms stated hereon. 3) BASIS OF BEARING: Considering the east line of the Northast One—Quarter(NE4) of Section Thirty (30), Township Four (4) North, Range Sixty -Six (66) West, 6th P.M., County of Weld, State of Colorado to bear North 00'18'03" West, between monuments as shown on the plat, and all bearings contained hereon being relative thereto: 4) All known easements and/or rights —of —way, have been shown on this plat. The easements and or rights —of —way which ore shown hereon may not be complete, are based on general information, and are to be used only in this context. 5) This land survey is only valid if print has the original seal and signature of the surveyor of record. DESCRIPTION A parcel of land located in part of the South One —Half Northwest One —Quarter (S2NW4) of Section Thirty (30), Township Six (6) North, Range Sixty —Six (66) West of the 6th Principal Meridian, Weld County, Colorado, containing 53.00 acres, more or less. OWNER'S APPROVAL I (We), the undersigned, being the sole owners in fee of the above —described parcel(s) of land do hereby subdivide the same as shown on the attached map. I (We) understand that this parcel(s) is located within the "A" (Agricultural) zone district and is also intended to provide areas for the conduct of other uses, and uses by special review. Steven Wei9 andt The foregoing certificate w My Commission Expires; Notary Public. Witness my Hand and Seal - ACCEPTANCE Sheryl eigandt s acknowledged before me this This plat iaccepted nd approved for filing. Department of Planing Services' Director The foregoing certificate My Commission Expires- Notary Public' _ was acknowledged before me Witness my Hand and Seal. SURVEYOR'S CERTIFICATE day of C A.D., 200g. I, Kenneth R. Alles, a Registered Professional Land Surveyor in the State of Colorado do hereby certify that the survey represented by this plat was made under my personal supervision and checking. I further certify that the survey and this plat complies with all applicable rules, regulations, and laws of the State- of Colorado, State Board of Licensure for Professional Engineers and Professional Land Surveyors, and Weld County, to the best of my knowledge. COUNTY NOTES 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right—of—way line. * Na building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 —foot radius of any tank battery or within a 150 —foot radius of any wellhead. Any construction within a 200 —foot radius of any tank battery or within a 150 —foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permit, the applicant shall submit evidence of approval from the Platteville Fire Protection District to the Weld County Building Department. 6) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 7) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Quilding per the requirements of Section 29-1-20 and Section 29-3-20.8.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 8) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 9) Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.(Ordinance 2005-8 Section 5-8-40) 10) Prior to the release of buidling permits on Lots A and/or B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 11) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban. dwellers to rural Weld County would quickly be gone forever.r Agricultural users of the land should not be expected to change their long—established agricultural practices to accommodate the intrusions of urban users into rural area. Well run agricultural activities will generate off —site impacts, including noise from tractors and equipment; slow moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including low enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self—sufficient than urban dwellers. Children are exposed to different hazards in the country than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children.e SHEET NO. 1 OF 1 DATE NO. �BY ,CKD MARMARV AIM i WSOC8AI TES, Qnl�'IC 'a 428 N 2ND ST., LA SALLE, CO 80645 TELE: (970) 284-9562 FAX: (970) 284-9564 Drawn by: AM Checked: KRA Date: 11/7/08 Approved: KRA STEVEN & SHERYL WEIGANDT 19619 CR 25 1/2 PLATTEVILLE, COLORADO 80651 RECORDED EXEMPTION RE -4849 5� I11111111111111111TIMOR! 11I111III11111!III!III 3597551 12/31/2008 03:58P Weld County, CO 1 of 1 R 6.00 D 88.50 Steve Moreno Clerk & Recorder GENERAL WARRANTY DEED THIS DEED, made this 31st day of December, 2008, between Steven G. clZ 41 S Weigandt and Sheryl Marie Weigandt of the County of Weld and State of Colorado, grantor(s), and Grotto Farms, LLC, A Colorado Limited Liability Company, a corporation organized and existing under and by virtue of the laws of the State �'�fSain eel of Colorado, grantee; whose legal address is , .J Z , S . CQ44t4&c,, 1e. O X03 WITNESS, that the grantor(s), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B of Recorded Exemption No. 1057-30-2 RE -4849 recoded December 23, 2008 at Reception No. 3596407, being a part of the South 1/2 of the Northwest 1/4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado.EXCEPT a Parcel of land conveyed to the Western Drainage and Water Supply Company by Deed recorded March 8, 1895 in Book 123 at Page 388. AND Lot B of Recorded Exemption No. 1057-30-2 RE -4850 recoded December 23, 2008 at Reception No. 3596408, being a part of the South 1/2 of the Northwest 1/4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appeartaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except easements, covenants, conditions, restrictions, reservations, and rights of way listed on Schedule B — Section II of commitment for title insurance 2283UTNC of Unified Title Company of Northern Colorado, LLC as agent for Westcor Land Title Insurance Company, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Steven G. Weigandt �1 tt o (JJ Sheryl M rie eigandt STATE OF COLORADO COUNTY OF 1,1jQJ } } ss. The foregoing instrument SSwas acknowledged before me thisDecember 31, 2008, by Steven G. Weigandt and She/Ylfoy coMl Marie erri r�V--,lULputaO D�S WARRANTY DEED to Corporation) For Photographic Record Fite 0 2283UTNC �y/ yi,r,�FlAbl ['Co eRecorded in Weld County, CO Doc Id: 3815167 12/30/2011 12:58 P Page: 1 of 4 Total Fee: $45.61 Steve Moreno, Clerk and Recorder When recorded return to: HS Land & Cattle, LLC 20203 Highway 60 Platteville, CO 80651 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is dated to be effective as of December 29, 2011, and is made between: Grotto Farms, LLC, a Colorado limited liability company ("Grantor"), whose legal address is 619 North Cascade Avenue, Suite 200, Colorado Springs, Colorado 80903, and HS Land & Cattle, LLC, a Colorado limited liability company ("Grantee"), whose legal address is 20203 Highway 60, Platteville, CO 80651. WITNESS, that Grantor, for and in consideration of the sum of Ten and no/100ths Dollars, ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto Grantee and its successors and assigns forever, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado, described as follows: Lot B of recorded Exemption No. 1057 -30 -2 -RE -4849 recorded December 23, 2008 at Reception No. 3596407, being a part of the S1/2 of the Nw1/4 of Section 30, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado (the "Property"). TOGE TILER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; RESERVING unto Grantor, all right, title, interest, claim and demand in and to all mineral, oil, and gas interests appurtenant to the Property (including all natural gas and other hydrocarbons), all rights and royalties related thereto under existing or future leases, and any and all surface use, access easements, and all other rights in connection therewith. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances, unto Grantee and its successors and assigns forever. Grantor, for Grantor and Grantor's heirs and assigns, does covenant and agree that: the Property is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to those matters set forth herein and on Exhibit A attached hereto and incorporated herein by this reference; and Grantor shall and will WARRANT AND FOREVER DEFEND the above described Property in the quiet and peaceable possession of Grantee and its successors and assigns, against the lawful claims of all and every person or persons claiming the whole or any part thereof by, through or under Grantor. TEWIA T TITLE eRecorded in Weld County, CO Doc Id: 3815167 12/30/2011 12:58 P Page: 2 of 4 Total Fee: $45.61 Steve Moreno, Clerk and Recorder IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. GRANTOR: Grotto Farms, LLC, A Colorado company By: Name: Title: Authori Repr - n : five STATE OF COLORADO ) ss. COUNTY OF fir' &so The foregoing instrument was acknowledged before me this 23 day of December, 2011, by 13 s'seid L,�rnr �, as Authorized Representative of Grotto Farms, LLC, a Colorado limited liability company, on behalf of said limited liability company. Witness my hand and official seal. Notary Public [SEAL] My commission expires: , h raj 2°O -- MICHAEL MUELLER NOTARY PUBLIC, STATE OF COLORADO My Comm. Expires January 11.2015 eRecorded in Weld County, CO Doc Id: 3815167 12/30/2011 12:58 P Page: 3 of 4 Total Fee: $45.61 Steve Moreno, Clerk and Recorder EXHIBIT A (Grotto Farms to HS Land & Cattle) 1. Taxes and assessments for the year 2011 and subsequent years, a lien not yet due or payable. 2. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 3. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 9, 1893 in Book 34 at Page 67. 4. Reservation of (1) all oil, coal and other minerals underlying subject property; (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals; and (3) the right to ingress, egress and regress to prospect for, mine, and remove oil, coal and other minerals, as contained in Deed from Union Pacific Railroad Company recorded in Book 1048 at Page 101. 5. Right of way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. 6. Reservation of undivided 1/2 interest in all oil, gas and other minerals in the instrument recorded August 22, 1972 in Book 674 at Reception No. 1596100, together with the appurtenant rights to use the surface. 7. An oil, gas and mineral lease recorded November 3, 1981 in Book 954 at Reception No. 1876282 and any and all assignments thereof, or interests therein. 8. An oil, gas and mineral lease recorded November 3, 1981 in Book 954 at Reception No. 1876283 and any and all assignments thereof, or interests therein. 9. Grant of mineral interest in the instrument recorded October 3, 1984 in Book 1045 at Reception No. 1983881, together with the appurtenant rights to use the surface. 10. Reservation of all oil, gas and other minerals in the instrument recorded June 6, 1986 at Reception No. 2056332, together with the appurtenant rights to use the surface. 11. Grant of all interest in and to all oil, gas and other minerals as set forth in the deed recorded January 14, 1987 at Reception No. 2084812, together with appurtenant rights to use the surface. eRecorded in Weld County, CO Doc Id: 3815167 12/30/2011 12:58 P Page: 4 of 4 Total Fee: $45.61 Steve Moreno, Clerk and Recorder 12. An oil, gas and mineral lease recorded October 1, 1986 in Book 1148 at Reception No. 2090226 and any and all assignments thereof, or interests therein. 13. Reservation of all oil, gas and other minerals in the instrument recorded August 11, 1989 at Reception No. 2188366, together with the appurtenant rights to use the surface. 14. All matters as shown on map recorded December 23, 2008 at Reception No. 3596407. 15. All matters as shown on map recorded December 23, 2008 at Reception No. 3596408. 16. Dry Up Covenant and Easement recorded November 15, 2010 at Reception No. 3732539. 17. Special Warranty Deed (Water Rights) recorded December 31, 2008 at Reception No. 3597555 and recorded November 15, 2010 at Reception No. 3732538. Hello