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Home My WebLink About20230194.tiffSUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE. Guarantee No.: CO-FCTV-IMP-27COG6-1-22-N0039540 Fidelity National Title Insurance Company a Florida corporation, herein called the Company GUARANTEES SunShare, LLC The Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Fidelity National Title Insurance Company Countersigned by: John Miller Authorized Signature 1... ..4 z2POR•P°RI, V :o- EnSt SEAL =i „ 111l\\e.S �rch.cIJ. No]..i President Ma is NL'I➢Lllr _ Secretary 27COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No. N0039540-010-TO2-ES Guarantee No. CO-FCTV-IMP-27COG6-1-22-N0039540 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 validity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. The identity of any party shown or referred to in Schedule A. The validity, legal effect or priority of any matter shown or referred to in this Guarantee. (c) (d) 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 as shown in Schedule A. 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 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. 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 prejudice 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. 27COG6 2 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No.: N0039540-010-TO2-ES Guarantee No.: CO-FCTV-IMP-27COG6-1-22-N0039540 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 or 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 an 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. 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 Assure 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 full 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 Arbitration 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 of the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $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 $1,000,000 shall be arbitrable 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 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: FIDELITY NATIONAL TITLE INSURANCE COMPANY Claims Department Post Office Box 45023 Jacksonville, FL 32232-5023 27COG6 3 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No.: N0039540-010-TO2-ES Guarantee No.: CO-FCTV-IMP-27COG6-1-22-N0039540 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). * Any and all Mortgage Guarantee Coverages shall not be in effect until such time as stated premium has been paid to the Company. 27COG6 1 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Liability: $180.00 1. Name of Assured: SunShare, LLC 2. Effective Date of Guarantee: August 2, 2022 at 6:00 PM 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, 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 set forth below: Warranty Deed recorded January 30, 1917 in Book 463 at Page 404. Last Will and Testament recorded July 16, 1954 in Book 1395 at Page 279. Last Will and Testament recorded June 6, 1973 at Reception No. 1614720. Quit Claim Deed recorded February 9, 2005 at Reception No. 3260015. Letters of Administration recorded August 28, 2018 at Reception No. 4426670. Personal Representative's Deed recorded August 28, 2018 at Reception No. 4426671. Warranty Deed recorded August 28, 2018 at Reception No. 4426672. Quit Claim Deed recorded October 31, 2019 at Reception No. 4537082. Special Warranty Deed recorded October 21, 2019 at Reception No. 4537084. Quitclaim Deed recorded May 6, 2020 at Reception No. 4588131. Quit Claim Deed recorded July 12, 2021 at Reception No. 4734746. This Guarantee does not cover: 1. Taxes, assessments, and matters related thereto. 2. Instruments, proceedings, or other matters which do not specifically describe said land. Order No.: N0039540 -010 -T02 -ES Guarantee No.: CO-FCTV-IMP-27COG6-1-22-N0039540 SCHEDULE A CHAIN OF TITLE GUARANTEE Order No.: N0039540-010-TO2-ES Guarantee No.: CO-FCTV-IMP-27COG6-1-22-N0039540 Fee: $180.00 27COG6 1 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No.: N0039540-010-TO2-ES Guarantee No.: CO-FCTV-IMP-27COG6-1-22-N0039540 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GREELEY, IN THE COUNTY OF WELD, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: Lot B of Family Farm Division No. FFD21-0008 recorded July 2, 2021 at Reception No. 4732191, being part of the East half of the Southwest Quarter of Section 22, Township 6 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado. For Informational Purposes: Tax ID No.: R8973454 27COG6 2 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) d ' M Chile Meet). Made this day of.... in the ye or .,o one thousand nine hundAd and..... Q: r4 mtween of the -- County of ( first part, and........4 '':,rr 1.c'��, r, and State o of the -----•County of.... , and State of Colorado, of the second part: . WITNESSETH, That he said parM:......of the first part, for and in consideration of the sunr of..;1,o_aes4:.4as:tr...erg. a:tag.eta a „. /../.r .c4 �:s..as;,l I)OLLAItS, to the said part. ,....of the first part in hand paid by the said part, ......of the second part, the receipt. whereof is h by confessed and acknowledged, hotly granted, argained, sold and conveyed, and by these presents do:C....grant, bargain, sell, convey and confirm unto the said part•-'.. of the second part,.`I .,a..heirs and assigns forever, all the following described lot..:: _or paic�el_- aof land, situate, lying and being in the. 7 County of Weld and State of olorado, to -wit: wi**itrirtI' taw *aColo.--The C. F. Roteltet AUtitk Bonk its tithe. Co., Mil fi a�P .1 .: f WARRANTY DEED STATE OF COLORADO, COUNTY or Wean, This Warranty Dc pcl was filed for record at,ii!` . el 1:0",. �, 3,d , 1917 C, �j GL.- v ! / L s1LJ �'•r c .e- ��,�--:ar 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 said part..y....of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO, LAVE AND TO HOLD thethoafeWpremises above bargained and described, with the appurtenances, unto (U the said part . _....o he___2.part.,f —4--- -t-r/; hei ,t)assigns forever. And the said � I • part< • of the first. part, fo fa -r. rare • st :,v heirs, executors and administrators, do-Ccovenant, grant, bargain and agree ticand w' 1 the said part.' _....of the seco part, heirs and assigns, that at the time of the ensealing and delivery of these presents `% --�-- w ized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and lyi-r.�. good right, fullpower and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and g Y g�, clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind --y- nature soever: and the above bargained premises, in the quiet and peaceable possession of the said part. of the second part,., ... __heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any thereof, the said part. of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part.. ...of the first part ha -hereunto set _ -c,-ala hand —.and seal-- the day and year first above written. / . ! .4 Signed, Sealed and Delivered in. Presence of a Notary Public/in f -- _said J. to me to be the person.. ----whose name ...... asta -r.....subscribed to the. acknowledged that ...... _ ; . .signed, sealed and delivered the said for the uses and purposes therein set forth [SEAL] [SEAL] [SEAL] [SEAL] County, in the State aforesaid, do hereby certify that who is personally known ,D d, appeared before me this dajy in person and .free and voluntary act. aa- of writi Given under my hand andaa ,'. • at' Ewa!, this \?4,Xl day of_ My commission expires , A. D. 19/7.. Notary Public. This Warranty Deed was filed for record at`^ 4.o'clockg..Ag &AX, 3/ , 1917 this 1Deeb, Made thin ............. :.;�' day o ....• , * _P_L? and State of fo of the.......�-..:":"..........:...C-ount.� of -! larado, of the first part, and of the County of.... -{ , and -- / State of Colorado, of the second part: WI'1'NE SSE' 1!,, That the said part...of the first part, for and in consideration of the sum to the said parts' .....of the first part in hand paid by the said part. ....of the second part, the receipt whereof is he ay confessed and acknowledged, hn..4" granted, 1 aY rgaint d, sold and conveyed, and by these pr nts do: ^':.grant, bargain, sell, convey and confirm unto the said part.4?....of the second pa r_f—v heirs and assigns forever, all the following described lot --:..or pa...of land, situate, lying and bein in the... County of Weld and State of Colorado, to -wit: -e- 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 said part.. ....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. -2 remises above bargained and described, with the appurtenances, unto the said part And the said , s�.c` raaser,::x:: z_:.;�.�„� part. . of the first. part, for ' ; , heirs, executors and administrators, doc covenant, grant, bargain and agree the said - _-t' heirs and assigns, that at the time of the ensealing and delivery of these presents -7--s.—v.. . part... _....of the second part, we seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and hode g d right, full power and lawful authority to grant, bargain, sell and convey the same hi 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 —e--es nature soever: i and the above bargained premises, in the quiet and peaceable possession of the said par .. of the second part, __heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any thereof, the said part --` of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part, ....of the first part ham hereunto set hand and seal '--thy day and year first above written. STATE OF COLORADO, f-� COUN'rY oxa to me to acknowledged that ---x4; signed, sealed and delivered the said instrument of writ g for the uses and purposes therein set forth.,; :// [SEAL] [SEAL]. [SEAL] [SEAL] e person.asen...whose subscribed to the. ._ cif r � _...-. _ fot%� tasaid....a:Zat.p•e.:t° County, in the St to aforesaid, do hereby certify that f _' who is personally known ed, appeared before me this day in person and as free and voluntary act My commission expires day of c r'y.�" - , A. D. 19 tU7'1Gi OF WPC= 80L 1395 PAGE+ ! 9 JUL 16:1954 f 30 Recorded ot_i 0 r a ie at. Reception; .L s'a& t)' Ann.Spomer, Recorde• o'lock M. LAST WILL AND TESTA LENT I, OSCAR A . JOHNSON, of Weld County, Colorado, being of full age and of sound and disposing mind and memory, do hereby make, publish and declare this to be ray Last Will and Testament, and iereby expressly revoke all 'vials and Codicils to Wills heretofore made by me. Io I direct that all of my just debts, claims and demands, ()kJ costs of administration and funeral expenses be first paid LtSK out of the general assets of my estate. HS II 01! J A Sic HJB NHS I give and bequeath to my daughter Verna Pressor, now of Greeley, Cola:al do, ;,)511000.00, and to my daughter Ebba Johnson, now of Greeley, Colorado, 5A000.00, both legacies to be charged upon the lands, premises and water herein- after specificallyd evised and to be paid within the time and in the manner and according to the terms as set forth in paragraph III (a) of this my Last and Testament, and in case either one or both of my daughters should pre- decease me or should depart this life after my death, and before receiving said legacies as herein _provided, then and in that event said legacy or legacies or any :a:'t or parts then remaining unpaid is her; by give and bequeathed, share and share alike to the issue of the body or bodies of my said daughter or daughters, per stirpes and not per capita. -1- I1I I hereby grant and devise in fee simple abso_Lute to my son J. Herbert Johnson, now of near Greeley, Colorado, my farm, described as follows: The East .:tali CE..a) of. the Southwest ;,uarter (ala) of auction Twenty-two (22), Township six (6) ii orth, Range Sixty-five (65) :,Jest of the Sixth Principal •,'jeld County, Colorado, together with all imp ;'ovements and equipment used upon or in connec- tion with said farm, all hereditaments and appurten- ances thereunto appertaining, including all water, water r'ig;hts, the rights to water, and carrying rights therefor, howsoever the same may be evidenced and particularly eight (3) shares of the Capital Stock of The New Cache La Poudro Irrigating Company, and eight (3) shares of the Capital Stock of The Cache La poudre Reservoir Company; subject, never- theless, and excepting therefrom a pumping plant located in the northeast corner of said above des- cribed premises, ;;ore particularly described in deed dated and recorded January 30, 1917 in Book L1.63, Page 404, ',field County Recce' ds; said above land, premises and water is specifically devised subject to and charged with the legacies hereinabove pro- vided for in paragraph II of this lay Last Will and Testa- ment, which said legacies shall be paid within the time, and in the manner and according to the pro visions as here- inafter specifically provided, that is to say: BOOK 1395 PAGE 280 (a) The legacies he re inabo ve given and bequeathed shall be paid on or before five years after the appointment of my Executor, with interest thereon, or on unpaid bal- ances thereof, at the rate of five per cent (5) per annum, payable semi-annually; the sum d ' 2j0„00 or any multiple thereof, may be paid on the principal amount of each of said legacies at any time and all -payments thereon or of interest shall be equal and paid at the same time. Said legatees and each thereof shall execute and deliver proper -2- written receipts for all moneys paid to them, either of interest or principal, and coincident therewith, and at and upon receiving the full amount of said legacy, and coinci- dent therewith shall make, execute and deliver a full dis- charge, acquitance and release of the charge and lien on said lands, premises and water created for them and each of them hereunder. (b) In the event my said son should predecease me, then and in that event I grant and devise said above lands, Jr:.J preen s es and water to the issue of his body, share and ;LSIC - share alike, subject nevertheless to the legacies charged :IJ13 upon and against the same as Herein provided. d S I VP All the rest, residue and remainder of guy estate then remaining, I give and bequeath unto my three children above nah-ed, share and share alike; and La case any- one or more should predecease me, then and in that evens I give and bec4neath the share or interest of such one or ones to the issue of the body of such deceased child or children share and share alike, per s tirpes and not per capita. V. I hereby nominate, constitute and appoint my son JO Herbert Johnson, as Executor of this my Last Will and `estament, and I request that he be not reuired to furnish any bond or bonds as the representative of my estate or for any duty or duties which may be performed hereunder. In case any son should predecease me or for any reason be unable or unwilling to act as such executor, or after appointment should resign, refuse or be unable to act as Executor, then and in such event I hereby name, constitute -3 and appoint The Pirst National Bank of Greeley, golorado, a National banking Association, as Executor of this my Last Will and Testament, waich shall have the same rights, powers and duties and privileges as provided herein for my said son. VI. n my Executor sha fu ll ul right, power and author- ity to hole, keep and retain unsold all or any part or' my personal property on estate of whatsoever kind or nature not acre in specifically bequeathed, or to sell the Susie or any part thereof .@.t public sale or at private sale at such price or prices as he shall determine and upon final settlement of my estate in his sole discretidn, may make 1300K 1395 PAGE281 distribution of my residuary estate in cash and/or in kind, and shall be liable and responsible only four gross fraud and/or neglect. IN it IT E SS ;d1 'u_ EO2Ia ,have hereunto set my hand and seal a t Greeley, Colorado this 19th day of 1Lca, .b. 1949. OSC��4. JOHNSON (SEAL) The above and foregoing instrument, consisting of four (LL) sheets, with this sheet, was, by oscar A. Johnson, the above named testator, signed, sealed, publisned and declared as and for his Last Will and Testament in the ;.iresence of us - and each of us; and we, then and there, at his request and in his presence and in the eresence of each other, believing said testator to be of sound mind and memory and under no duress or constraint, Nava he_ eto subscribed our na�:.es as attesting witnesses thereto, this 19th day of Day, A.D. 1949, in Greeley, Weld County, Colorado. Albert s. Keys H.J. Bartels Wm. H. Southard of Greeley, Colorado of Greeley, Colorado of Greeley, Colorado STATE OF COLCI',ADO ) ) as COUNTY OF WELD ) . 8ODK 1395 P4GE 282 IN THE COUNTY COURT ITi PROBATE NO. 7217 IN THE MATTER OF TIE ESTATE OF ) ) OSCAR A. JOHNSON? ) ) ) Deceased ) ORDER ADMITTING WILL TO PROBATE This day comes J. Herbert Johnson and come also his attorney Wm. H. Southard of the firm of Southard & Southard;; and thereupon, the petition ccming on to be heard for the probate of the instru— ment of smiting heretofore filed in this Court purporting to be the last will and testament of the sa:d deceased; and it appearing to the Court that on or about the 25th day of December A— D. 19 53 , Oscar A. Johnson late of Greeley Weld County, in the State of Colorado, departed this life, leaving a writing purporting to be his last will and testament, and having at the time of his decease real or personal property in the County of Weld; and it appearing to the Court that heretofore, on to wit: the 31st day of December A. D 19 53 , the said instrument of writing, together with a petition for the probate and record thereof, was filed in this Court and that citation duly issued to the heirs, at law, legatees and devisees d=guar ian=ad 1=3=4 rrr=a l?min i hs-Coda €or- the=md ------herein; and that said citation was duly served, as evidenced by the returns' waivers thereon and=by he—agfirda it.Gi then=publisher-=of =the as provided by law; and it further appearing that the said writing purporting to be a will, bears date the 19th day of May A. D. 1949 , and is signed by Albert S. Keys, H. J. Bartels and ;TM. H. Southard as subscribing witnesses thereto; and it appearing frontthe testimony of the said Albert S. Keys and Wm. H. Southard , introduced in open Court that they and each of them subscribed their names to the said instrument as attesting witnesses thereof at the rocuest of the said Oscar. A. Johnson the said testator. , and in his presence and in the presence of each other, and that the said testat or then and there subscribed his name to the said in- strument in their presence and declared or acknowledged the same to be his last will and testament; and that the said testator at the time of the execution as aforesaid, was of full age, of sound mind and memory, and under no constraint. NOW, THEREFORE, No one objecting to the validity or legality of the. said in- strument, and the Court being sufficiently advised in the premises, doth find that the said Will was duly executed and attested as required by law, and that Oscar A. Johnson , the said testat or , at the time of executing the same, was of full age, of sound mind and memory, and under no constraint, and that said deceased was, at the time of death, a resident of and had real or personal property in the County of Weld and State of Colorado; wherefore, it is Ordered that the said instrument of writing be andhereby is admitted, re- ceived and deemed as and for the true last will and testament of the said Oscar h. Johnson. , deceased; and it further ap- pearing to the Court that the said testat or named J. Herbert Johnson as execut or thereof and no one objecting thereto, and the Court being sufficiently advised in the premises, it is Ordered that J. Herbert Johnson Pe appointed e recut or of the last will and tes- tament of the said Oscar A. Johnson deceased, upon :f .=ia-T.rg cmd=,i-n-the=r3enarl-- sum:=artd==amounb-rat? =Dollar-sT and, taking the oath as prescribed by statute. Done in open Court this 7th day of January A. D. 19 5.. eas B95 PAGE28 3 • STATE ....OF C OLO RA DO ) . • ) ss COUNTY GP WELD ) 1N /`rHE COUNTY COURT . No. 7217 I1V<.THE I &TTrR OF TIE ESTATE ) OF OSCAR A. JOHNSON, ) OniDr ox":P INAL DISCiUAIlu? ULCEs ..3LJ ) NOM oh this day comes J. Herbert Johnson, as Executor of the above entitled estate, by his attorneys, Southard and Southard, and 11.01/;i13 this Court that he be discharged as such Executor, released from further liability in the premises, and said estate declared to be full,; and completely finally settled :and closed; And the Court, having examined the files tierein, and be - inn. sufficiently advised in the promises, DOT II VIiD that dis- tribution has been rade of all the assets in the hands of J. Herbert Johnson, as such Executor; that said Executor has fully and faithfully perfornr,d all duties required of him under the Last Will and Testament o?' s.. id testator, and th.•t all matters pertaining to said estate are fully and completely finally settled and closed. IVY], THERE:MU,. IT IS ORDERED, A DJI3DG7.:;D AND DECREED, that J. Herbert Johnson, as Executor of the Estate of scar A. Johnson, Deceased, be, and he is hereby, discharged as such Executor, released from farther. liability in the premises, and said estate fully and completely finally settled aria Lie:lod. Done in Open C our t th is By the Court: 1 day oi' Ju.Ly,:-..). 1)54. join J. •OOJ.JY CO:1FI11 COURT OF .F.T.T) Ji.}�}.1T' , 3REFLEYD COLO. C.7 F TIE D TC 'PE A li •rT T . T:?T 1 `. CORRECT COPY OF Tr, TniT T�(+,t DT;Cr. _,_. . o, ?i':, 1, r, T , S.•} T.Tr. r � fLn._..T) T • , 'ri:.aet.a L'.J!.TI.T�11°j'r1�\+]fn iJi!:Z J .r11:Tf 'DC L.CTPTE THEREOF,.., I T ?'TAI CU 1'0 n,, TDAUM JULY /II j ; ;f is A County Judge ORTr,•T'TTT T ^TT` '.T'ij AND r'T i�: T^TS"',{T �... � .,::.. .....: � . _ � , f_:, r , I:_.71:. ..: 01' PROP rTTF OF n!?'Eli. ® /: r' r". I,.T 0 OSCAR P., Ti .:I.S Clue: I„ J. HEMBENT JOU*SOU, of Weld qty, Colorado,' bslleg of trill and legal age, or eased and disposing lied and seser, and under no duress or constraint, do hereby asks, publish and declare this to be my Last Will and Testament, hereby revoking any and all other Wills and Codicils to Wills here.. totore by me at any time made; that is to say: I. I direct that all of my just debts, claims and isommeds allowed by the Court, and funeral expenses, be paid out of my estate as soon as cos enisntly may be after my deseese. remainder of any estate, of whatsoever nature or description;, whether real, personal or mixed and wheresoever situate of which I may die seized and possessed or to which I may be entitled at the time of my death to nay two sons, Dean Arthur Johnson and James Donald Johnson, or the survivor of them,. in equal shares, Provided, in the event either or both of my said sons should predecease me, leaving a child or children surviving me, then the child or children surviving me of such deceased one or ones shall take collectively, in equal shares, the portion of my estate his, her or their father would have taken if living, per stirpes and not per capita. •III. I hereby mune, constitute and appoint my son Dean Arthur Johnson to be the Executor of this my Last Will and Testament; *and if, for any reason, he should fail to qualify, or chould 0 Jr - resign, fail or reruns to act either before or after quill - fringe then I name, constitute sod appoint The Pivot National Bank of Greeley, Colorado to be the Executor of this ar £.sst will and Testament; and I direct that neither thereof be ti t- gaired to give bond for the proper discharge of his or its duties as such. 1Ry said Executor shall have the powers set forth in the Colorado Fiduciaries' Powers Act. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal at Greeley, Weld County, Colorado, this 5th day of December, A.P. 1969, 1 The above and foregoing instrument, consisting of two (2) sheets, with this sheet, was, by J. Herbert Johnson, the above named testator, signed, uealal, putliahcd and declared as and for his Last Will and Testament, in the presence of us and each of us; and we, then and there, at his request and in his presence and in the presence of each other, believing said testator to be of full and legal age, of sound mind and memory and under no duress or constraint, have hereto subscribed our names as attesting witnesses thereto, this 5th day of December, A.U. 1969. 5-'/I6P,A 11-.4 2. 6f Greeley, Colorado of Greeley, Colorado of Greeley, Colorado • •t:. ;a, Masa .sails to w Wax e aer-41ema seats +aaaema aa.eawaae. YAM 10*aa..aas 16148 TM _UMW - FINDIMIL Omer leps -- MUMS OF iree—atiefieT dfwowas Ole Ali, lefteeaederbsatedneemode fnMe neettee, come on he. Weft tbtpobeor of ua ioeeera.ent fr odd*, hest slew that la Oh Cost. prepsdus t4 be the Lan TNT aid Teneseest lea .id dra m eed. 5- 3 Duda* Frio P 11 c w Ibir Wile B Mlle MD rs 1IFITA#lfifIA TO TI! CUM! home the slum& oral Wes bode time *idea bee bale dell arad aa, ar ankle hoe base wa loved by, ,eaeeeear• panda ayestolded by taw end mar at die Caret: tilt itch / adieLaa gnat a aw, yeah aid a+eideeee• have bees and it anla a elly Weeedoll emboli Welt Ike Ida batman* ko wags eloAese•aieeirad. iaahmel, aid seteat■l as needier by Ise as sail dee.da tti feet WM eat Illea met and >beR edit dieelbla use a eem less el ape or dies area d eared ailed oat ____ _ et the !thee de sera ere •isaned. Hermit d aid so tided, asee4iise or °sass laepreprr asdeot Why adailtilad, aid *a Des/: b.iap merelealkitedy edam d la dra peeei.e.t And the Court Perthar (node the Dee dent tree alto Exam as Jahn Hato Mama and id lanibeet Jansen IT 1b MICIUMCD, ADD= AND That tie said volkinfisedir its be and tee same Is 4srWra7 •de d red le potato and cawed. IT IS YUINTSIMIt'd That apse Wing and MN the stetaeoey cede at aaaae.sp_ feeheemeemetiebelienellead.lembreersieemal._.....................»..........................Alan* ::Fret harass taataoasaataef► i.eas ts..;.?eeti....t....rQ3i........... that ortw ... MI-=IMIMI is add wit; aid slew kooks see tin aid died the amid a akiiMILI i maer it fe theref e+e °edeeed that the acid leases teens ter odd a meat »flr and *et the eons bs Mad aid aimed a[ weer& IT vs mamas atosiso. That aid D9 %! Arthur Johnson ..,,.. .»..»..»... prl ble a )disuse Is *edam • melded by I. amid notice tee bed prbdiebeed at tract ono° a weed: dries aids of dame see.eedw wharf r webs less. w;A":. »1 f.1.l:Y 1.11.1111.C.— • eateemper peiatit aid put deed be said..» ......»:Lea f.1 ....................»...............»... ...Caewlp Deer in opaa Court:reds.. .1..9 3q► of yeut mar .................... A. D. ezz.. 4/41-7tx"---e47-c.4. "4; wit COMII: Ueda sedge. . • V I MU • MOW GEM - _a sea Miens NI NI lifinta COM a-- A/ Nti.!..l2S3 s� gas OMR - - Mang ar ,ar rte. �lwr J. amt o offulutzsava Mu re this fay sours laseadeemerJaheemsa, the lseecutvr of the !state at .t. 1lsebmet Ji ersN, ioleomgod, used peesas to to tlsat Court a flail sepsrt awl sandlematal fled sop et ed his mete dead defog as sue, arks that the ewe he sigrovell by the Cweet meths* be be dimeha's,d oaf said astate doeseent , is tie !lolly aftisfeeeeeil soosotdlieg to law. And it apeeelas to the Civet few the reamed. and files hersial, sad the Comet D@!! lam= That J. Nerbeet Jiihsesm departed this life: testate on or about Alto day of Septel3sr, la72; that en the lath day of September, 1971, Letters Testamentary mese issued to Dom Arthur Johnson; !het a intioe to elksimento to file claims against said estate was pehlish ei in the wane - r as dined by lean that all claims filed against odd estate heee beget Allem* axe paid; admin- istration and 3 ensues tames hese b 4 that all costs of !het the statutory ported fie fil.ing claim has elapsed and that than bee been psbliaked e peoper Pities of the filing of the final report, whine Mite fined ' ' =p as the last day for filing with this Cent to saltreport; rt; That full need ossp ate oreo sting has Mum made to Doan Arthur .ioltsassn rind James lonald Jebegea, as tie sole residuary beneficiaries twine Liss 'Iasi Will .ari iasiemsws vz v. nsroari Joimaea, uecesssi, do i tfis,'' said genets Arthur Mason and Jew Denali Johnsen have waived the filia43 of an raised sweet of receipts asad disbursements; lost should it develop that tie is any property belonging to said` deo:At that was met Levaotei*d as administered upon in said e state, t s such property belongs asset shall be distributed as follows: ae-hsif (l/2) thereof to Damn Arthur Mimeos. and eta -half (1/2) thereof to James SonaM j`:Nean, a. the eels residuary beneficiaries under the Last Will mad listamesit of J. Nerhert Mosses Deceased; The Court DO!K FU R rue that said Dean Arthur Johnson has faith- fully administered the estate of sand deceased which has come to his hands as Executor of said estate, and has fully performed his duties as such and as provided by law. TT IS, THEREFORE, ONDERED, ADJUDGED AND DECREED that the said final reports and all acts and doings of the said Dean Arthur Johnson in and about the administration of said estate be. and the same arc hereby, in a.!i !.ings fully ratified, cunTirmsd and approved by the Court. -1- r Jed it egweertag to the Court tint tke Mid Dean Aar Johnson bee illietstkettes alb said estate ale Mel reeeeipts therefor in tbls Court, V S that sett Seen Airtime JaAesen.be, anal be is bse r,4in dies' as cloth fteeenter aced r e1,wed tram further liability in the premises. aid this estate be tally awl finally settled and closet, lame is men Court this lay of _ ..� .. i. t. 1313. cos Recorded at_ 1111111 11111 111111 11111 11111 111111 III 111111111 liii Page Grantor V1MLu DONALD riuR 3 'GuipJo3a1 is O. I i _ Reception No 3260015 02/09/2005 04:04P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder Recorder G ; Quit CIa inLVL�• .Q THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as GRANTOR to the individuals) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below wirh all its appurtenances The specific terms of this deed are• Grantor: (Give name(s) and pface(s) of residence: if the spouse of the owner•grentor is joining in this Deed to release homestead rights. identify grantors as husband and wife.) DEAN ARTHUR JOHNSON AND JAMES DONALD JOHNSON 21417 WELD COUNTY ROAD 66 GREELEY, CO 80631-96211 Grantee: (Give name(s) and address(es): statement of address, including available road or street number, is required,) AN UNDIVIDED 1/2 INTEREST TO EACH OF THE FOLLOWING: LIVING TRUST OF DEAN A. JOHNSON AND LaVONNE M. JOHNSON, DATED NOVEMBER 18, 20 I+; AND JAMES DONALD JOHNSON 21t€17 WELD COUNTY ROAD 66, GREELEY, CO 80631-962k. Form of Co -Ownership: (if there are two or more grantees named, they will be considered to take as tenants in common unless the words "in joint tenancy" or words of the same meaning are added in the space below.) Property Description: (Include county and slate) All of Grantor's interest in and to the following described real property: The East Half of the Southwest Quarter of Section 22, Township 6 North of Range Sixty-five West of the 61" P.M.. Weld County, Colorado, together with 8 shares of the capital stock of The New Cache la Poudre Irrigating Co. and 8 shares of the capital stock of The Cache la Poudre Reservoir Co. and all other ditch and lateral rights and privileges used for and necessary to the irrigation of said premises: Property Address: 21417 Weld County Road 66, Greeley, CO 80631-9624 Reservations -Restrictions: (If the GRANTOR intends to reserve any interest in the properly or to convey less than he owns, or if the GRANTOR is restricting the GRANTEE'S rights in the property, make appropriate indication.) Executed by the Grantor on JANUARY 27 20 OS Signature Clause for Corporation. Partnership or Association: Signature Clause for Indlylduat{s}: 11tWHM A. kpy�at Grantor Corporetioa. Partnership or Assoefaben D 4. ARTHUR ` _ �JOHNSON • T A F? :N� _ Y. N,,,t14.- ••bowlptOLORADOmilY !4 y OF WELD ) s5. The foregoing instrument was acknowledged before me this 84y• JAMES DONALD JOHNSON. WITNESS my hand and official seal .ik'/r1R111y„,,,,ion aspires: JANUARY 17, 2009 ,. ‘ ,,&TAT4, r}� ' FASHINGTON ,.05155 OF 4L F -C'2 ) ss . Jd: Zt4 +oYegOrn inslrLrncnl was acknowledged betore me this n'� 04. �GEAN TEUR JOHNSON. Ie `•.r j f +!me :rrrgbal Gran torts! or rf Grantor is Corporation Parfnershrq or Association, then identify signers as president or vice president and secretary or � .. 55 �l,ai `fitar`1 01 corporation or as parinerfs) 01 partnership, or as authorized member association l VvFT N _. ' ° l �•. .r to �,(t't�.t►1j�`a ind olticral seal asyeeerllint t litre a: 27TH day of JANUARY Notary Public Grantor Grantor , . 20 05 day of F'JJ Zr� Notary Public , 2005 p 1981 UPDATE LEGAL FORMS P.O. Box 1815 • Greeley. Colorado 80632 (3031 356-1199 c-� NO 203 4426670 08/28/2018 03:54 PM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County, CO District Court ❑Denver Probate Court CATE Weld County, Colorado Court Address: 9th Avenue & 9th Street Greeley, CO 80631 FILED: December 27, 2017 A COURT USE ONLY A In the Matter of the Estate of: JAMES D. JOHNSON, aka JAMES DONALD JOHNSON, Deceased Case Number: 17PR30741 Division 1 Courtroom LETTERS 11TESTAMENTARY ❑OF ADMINISTRATION Kenneth W. Johnson (name) was appointed or qualified by this Court or its Registrar on December 27th, 2017 (date) as: ErPersonal Representative. ❑Successor Personal Representative. The Decedent died on November 24, 2017 (date). These Letters are proof of the Personal Representative's authority to act pursuant to §15-12-701, et.seq, C.R.S. except for the following restrictions, if any: none Date: December 27th, 2017 Probate Registrar/pteputy) Jerk of Court _,G -71,3-2„u CERTIFICATION Certified to be a true copy of the original in my custody and to be in full force and effect as of MAY 1 4 2018 (date). Probate Registrar/(Deputy)Clerk of Court JDF 915 8/17 LETTERS TESTAMENTARY/OF A ® 2017 Colorado Judicial Department for use in the Cou 4426671 08/28/2018 03:54 PM Total Pages: 3 Rec Fee: $23.00 Doc Fee: $155.00 Carly Koppes - Clerk and Recorder, Weld County, CO PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Kenneth W. Johnson, as Personal Representative of the Estate of James Donald Johnson, deceased, Grantor, to DEVCO Investors LLC, a Colorado 'limited Liability Company, Grantee, whose legal address is 2809 E. Harmony Road, #310, Fort Collins, Colorado 80528, ofthe County of Larimer, State of Colorado. WHEREAS, James Donald Johnson died testate in Weld County, Colorado on November 24, 2017; WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and is dated May 11, 1998, which Will was duly admitted to informal probate on December 27, 2017, by the District Court in and for the County of Weld, State of Colorado, Probate Case Number 2017 PR 30741; WHEREAS, Grantorwas duly appointed Personal Representative ofsaid Estate on December 27, 2017, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer, and set over unto said Grantee for and in consideration of One Million Five Hundred Fifty Thou'ind Dollars ($1,550,000.00) the following described real property and any improvements located thereon situate in the County of Weld, State of Colorado: An undivided one-half interest in and to the following The East Half of the Southwest Quarter of Section 22, Township 6 North, Range 65 West ofthe 6th Principal Meridian, County of Weld, State of Colorado, together with all minerals, ores and metals of any kind and character, all coal, oil, gas or other like substance (including all royalty interests), and any geothermal resources located on, in, or under such real property, and also including 50 units ofthe Colorado - Big Thompson Project, eight shames of New Cache La Poudre Irrigating Company, and eight shares of Cache La Poudre Reservoir Company. also known by street number as 21417 County Road 66, Greeley, Colorado 80631. 4426671 08/28/2018 03:54 PM Page 2 of 3 With all appurtenances, subject to the following: the current residential lease, the current farn lease, and any oil and gas lease currently in effect; covenants, conditions, rights -of -way, easements, reservations, and restrictions of record; easements, encroachments and boundary line variances not shown by the public records; general property taxes for the year 2018; and those Specific Exceptions listed on Exhibit "A" attached hereto and incorporated by reference. As used herein, the singular includes the plural and the plural the singular. Executed X .2/, ete s — .2018. „ ii.neeed&spe, Kenneth W. Jo Personal Representative of the Estate of James Donald Johnson, Deceased STATE OF ) ,_ )ss. COUNTY On ( (! a : U ) The foregoing instrument was acknowledged before me thisx day of?` , 2018, by Kenneth W. Johnson, as Personal Representative of the Estate ofJames Donal ohnson, Deceased. Witness my hand and official seaL JENNIFER TREMaLAY Notary Public- California 8 Dorado County Corramsicn * 2229607 My Comm, Expees Jan 27.2022 Address k Maury Public (r4..& -&x 1` 'i ' V .ct.',( ltte_, ... My Commission Expires: ' 1141 �l 4426671 08/28/2018 03:54 PM Page 3 of 3 EXHIBIT A Properly Address: 21417 COUNTY ROAD 66, GREELEY, CO 80631 1. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD or COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1899 IN BOOK 86 AT PAGE 273 2. RIGHT OF PROPRIETOR OF A VSIN 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 MAY 01, 1877, IN BOOK 20 AT PAGE 125. 3. ALL RIGHTS ASSOCIATED WITH THE RESERVATION OP A PUMPING STATION CONTAINED IN DEED RECORDED JANUARY 30,1917 IN BOOK 463 AT PAGE 404 4. OIL AND GAS LEASE RECORDED NOVEMBER 14, 1977 UNDER RECEPTION NO.1735828 AND 17 829 AND AMC AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 5. OIL AND GAS LEASE RECORDED .TUNE 30.1982 UNDER RECEPTION ND.1887138 AND 1887137 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTT'HEREIN. B. OIL AND GAS LEASE RECORDED AUGUST 12. 1985 UNDER RECEPTION NO. 2020458 AND AUGUST 20. 1985 UNDER RECEPTION NO. 2021391 AND ANY AND AU. ASSIGNMENTS THEREOF, OR INTEREST THERM 7. DECLARATION OF POOLING AND UMTIZATION RECORDED SEPTEMBER 3, 2013 UNDER RECEPTION NO 3960888. 8. RIGHT OF WAY EASEMENT AS GRANTED TO BRISTOL PRODUCTION. INC. IN ANT RECORDED FEBRUARY 19, 1986, UNDER RECEPTION NO.2131459 AND 2131470. 9. TERMS, CON®ITRONIS AND PROVISIONS OF SALT WATER DISPOSAL AGREEMENT RECORDED SEPTEMBER 02, 1994 AT RECEPTION NO.2405 318 AND AMENDMENT RECORDED OCTOBER 16, 2007 AT RECEPTION NO. 3512063 10. TERMS, CONDITIONS AND PROVISIONS OF VALVE SITE CONTRACT RECORDED JULY 22, 1998 AT RECEPTION NO. 282•!619. 11. MOLEST EST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED OCTOBER 30, 2000 UNDER RECEPTION NO. 2803215. 12. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED APRIL 01, 2002 UNDER RECEPTION NO. 293807. 13. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED OCTOBER 15, 2007 UNDER RECEPTION NO. 3511023. 14 REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED DECEMBER 21, 2007 UNDER RECEPTION NO. 3525288. 15. ANY TAX, UEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED SEPTEMBER 29, 2010, UNDER RECEPTION NO. 3721790. 16. RIGHT OF WAY EASEMENT AS GRANTED TO NORTH WELD COUNTY WATER DISTRICT IN INSTRUMENT RECORDED APRIL 12. 2017, UNDER RECEPTION NO. 4293175 17. RIGHT OF WAY FOR SERVICE ROAD CROSSING THE SUBJECT PROPERTY ANC RIGHT OF WAY FOR DITCH AS DISCLOSED BY MAPS MAINTAINED BY TIE WELD COUNTY ASSESSORS OFFICE. 18. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE CERTIFIED JULY 13, 2018 PREPARED BY MAJESTIC SURVEYING, JOB 02018002t DIRT ROAD CROSSING PROPERTY AND MICAS FACILITIES AND CONCRETE DITCH SAID DOCUMENT STORED AS OUR ESI 3 703 19. ANY AND ALL RIGHTS OF THE DITCH COMPANY RELATING TO DITCH OR CANAL, WHICH TRAVERSES SUBJECT PROPERTY OR 1S DESCRIBED AS A BOUNDARY OF SUBJECT PROPERTY, INCLUDING BUT NOT LIMITED TO DITCH MAINTENANCE AND ACCESS RIGHTS TO LANDS ADJOINING TIE DITCH OR CANAL, AS DISCLOSED BY IMPROVEMENT LOCATION [ERT iF CATE PROJECT NO.2018003 PREPARED BY MAJESTIC SURVEYING. SAID DOCUMENT STORED AS OUR ESI 38948703 4426672 08/28/2018 03:54 PM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $155.00 Carly Koppes - Clerk and Recorder, Weld County, CO Warranty Deed (Pursuant to 38-30-113 C.R.S.) TIlS DEED, made on Mie..7 .2 2 , 201B by LIVING TRUST OF DEAN A. JOHNSON AND LAVONNE M. JOHNSON DATED NOVEMBER 18, 2004 Grantor(s), of the County of p /.- f2 e r and State of Washington for the consideration of 01,550,000.00) ""One Million Five Hundred Fitly Thousand and 00/10W"— dollars in hand paid, hereby sells and conveys to DEVCO INVESTORS LLC, A COLORADO LIMITED UAHIUTY COMPANY Grantee(s), whose street address is 2809 E. HARMONY ROAD, 5310, Fort Collins, CO 80525, County of Latimer. and State of Colorado, the following real property in the County of Weld, and State of Colorado, to wit State Documentary Fee Datm1)up,„, ace 2018 $155.00 t1 AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE FOLLOWING: THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO Together with a0 minerals, ores and metals of any kind and character, all coal, oil, gas or other like substance (including all royalty interests), and any geothermal resources located on, in, or under such real property, and also including 50 units of the Colorado -Big Thompson Project, eight shares of New Cache La Poudre Irrigating Company, and eight shares of Cache La Poudre Reservoir Company. also known by street and number as: 21417 COUNTY ROAD 66, GREELEY, CO 80631 with all its appurtenances and warrants the title to the same, subject to general tars for the year 2018 and those specific Exceptions listed on Exhibit A, attached and incorporated by reference. LIVING TRUST OF DEAN A. JOHNSON AM) LAVONNE M. JOHNSON DATED NOVEMBER 18, 2004 By: �u DEAN JOHNSON,TR E By: c` ti ..4-4-0--0‘40.--&-s--. LAVONNE M. JOHNSON, TR E State of was"'�r4 countyoffC pi&rr„e ) )ss. The forming instrument was acknowledged before me on this day of X t141 C} , 2018 by DEAN A. JOHNSON AND LAVONNE M. JOHNSON AS TRUSTEES OF THE LIVING TRUST OF DEAN A. JOHNSON AND LAVONNE M. JOHNSON DATED NOVEMBER 18, 2004. Witness my hand and official seal My Commission expires :x 3) O&' Natant peificLi KARAA. GWLAND Noisy Pubic Stab of *Appointment�E es Moth 8, 2021 When recorded return to: DEVCO INVESTORS LLC, A COLORADO LIMITED LIABILITY COMPANY 3030 S. COLLEGE AVE 8200, Fort Collins, CO 80525 Form 13 closIng/deeds/wdhtml 25159181 (399954) III111111111111111101111111 hIlillllII Ill 4426672 08/28/2018 03:54 PM Page 2 of 2 EXHIBR A Property Address: 21417 COUNTY ROAD 66, GREELEY, CO 60631 1. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP UNES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 2. RIGI-if 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 MAY 01, 1877, IN BOOK 20 AT PAGE 125. 3. ALL RIGHTS ASSOCIATED WITH THE RESERVATION OF A PUMPING STATION CONTAINED IN DEED RECORDED JANUARY 30, 1917 IN BOOK 463 AT PAGE 404. 4. OIL AND GAS LEASE RECORDED NOVEMBER 14, 1977 UNDER RECEPTION NO. 1735828 AND 1735829 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 5. OIL AND GAS LEASE RECORDED JUNE 30, 1982 UNDER RECEPTION NO. 1887136 AND 1887137 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 6. OIL AND GAS LEASE RECORDED AUGUST 12, 1985 UNDER RECEPTION NO. 2020456 AND AUGUST 20, 1985 UNDER RECEPTION NO.2021391 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 7. DECLARATION OF POOLING AND UNITIZATION RECORDED SEPTEMBER 3, 2013 UNDER RECEPTION NO. 3960688. 8. RIGHT OF WAY EASEMENT AS GRANTED TO BRISTOL PRODUCTION, INC IN INSTRUMENT RECORDED FEBRUARY 19, 1988, UNDER RECEPTION NO. 2131469 AND 2131470. 9. TERMS, CONDITIONS AND PROVISIONS OF SALT WATER DISPOSAL AGREEMENT RECORDED SEPTEMBER 02, 1994 AT RECEPTION NO. 2405316 AND AMENDMENT RECORDED OCTOBER 18, 2007 AT RECEPTION NO. 3512053. 10. TERMS, CONDITIONS AND PROVISIONS OF VALVE SITE CONTRACT RECORDED JULY 22, 1998 AT RECEPTION NO. 2627819. 11. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED OCTOBER 30, 2000 UNDER RECEPTION NO. 2803215. 12. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED APRIL 01, 2002 UNDER RECEPTION NO. 2938297. 13. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED OCTOBER 15, 2007 UNDER RECEPTION NO. 3511023. 14. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED DECEMBER 21, 2007 UNDER RECEPTION NO 352'5268. 15. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED SEPTEMBER 29, 2010, UNDER RECEPTION NO. 3721790. 16. RIGHT OF WAY EASEMENT AS GRANTED TO NORTH WELD COUNTY WATER DISTRICT IN INSTRUMENT RECORDED APRIL 12, 2017, UNDER RECEPTION NO. 4293175. 17. RIGHT OF WAY FOR SERVICE ROAD CROSSING THE SUBJECT PROPERTY AND RIGHT OF WAY FOR DITCH AS DISCLOSED BY MAPS MAINTAINED BY THE WELD COUNTY ASSESSORS OFFICE. 18. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE CERTIFIED JULY 13, 2018 PREPARED BY MAJESTIC SURVEYING, JOB 92018003: DIRT ROAD CROSSING PROPERTY AND OIUGAS FACILITIES AND CONCRETE DITCH SAID DOCUMENT STORED AS OUR ESI 35948703 19. ANY AND ALL RIGHTS OF THE DITCH COMPANY RELATING TO DITCH OR CANAL, WHICH TRAVERSES SUBJECT PROPERTY OR IS DESCRIBED AS A BOUNDARY OF SUBJECT PROPERTY, INCLUDING BUT NOT LIMITED TO DITCH MAINTENANCE AND ACCESS RIGHTS TO LANDS ADJOINING THE DITCH OR CANAL., AS DISCLOSED BY IMPROVEMENT LOCATION CERTIFICATE PROJECT NO. 2018003 PREPARED BY MAJESTIC SURVEYING. SAID DOCUMENT STORED AS OUR ESI 35948703 4537082 10/31/2019 04:40 PM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County, CO State Documentary Fee Date: $0.00 No Doc Fee Required Quit Claim Deed (Pursuant to C.R.S. 38-30-113(1)(d)) Grantor(s), JOSH STOGSDILL AND SHANNA STOGSDILL, whose street address is 21417 CR 66, City or Town of GREELEY, County of WELD and State of COLORADO, for the consideration of *** Ten Dollars and Other Good and Valuable Consideration *** dollars, in hand paid, hereby sell(s) and quitclaim(s) to DEVCO INVESTORS, LLC, A COLORADO LIMITED LIABILITY COMPANY as whose street address is 2809 E. HARMONY RD STE 310, City or Town of FORT COLLINS, County of LARIMER and State of COLORADO, the following real property in the County of Weld and State of Colorado, to wit: THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO This deed is being recorded to relinquish the right to purchase in lease agreement dated April 26, 2019. also known by street and number as 21417 COUNTY ROAD 66, GREELEY, CO 80631 with all its appurtenances. tr- Signed this day of October 2$, 22019. (3tj 1 2_& iq J STOQSiDII/ L, SHANNA STOGSDILL State of COLORADO County of (),2,2 .L61 )ss The foregoing instrument was acknowledged before me on this day of VU UCH (� by JOSH STOGSDILL AND SHANNA STOGSDILL Witt Notary Public IO-I(-74 My Commission expires SHANA L.ry Public State of Colorado Notary ID #20124061984 M Commission Expires 10.18.2020 PP. Land Title When recorded return to: DEVCO INVESTORS, LLC 2809 E. HARMONY RD. STE 310, FORT COLLINS, CO 80528 Form 1092 closing/deeds/statutory/qcd_statutory.html 25168564 (497052) 11I I IIIIIIIIIII1111111111111 4537084 10/31/2019 04:40 PM Total Pages: 1 Rec Fee: $13.00 Doc Fee: $62.50 Carly Koppes - Clerk and Recorder, Weld County, CO Land Tide viU la:a.M%cl CrA,,,7N: Special Warranty Deed (Pursuant to C.R.S. 38-30-113(1)(b)) Grantor(s), DEVCO INVESTORS LLC, A COLORADO LIMITED LIABILITY COMPANY, whose street address is 2809 E HARMONY RD #310, Fort Collins, CO 80528, City or Town of Fort Collins, County of Larimer and State of Colorado , for the consideration of ($625,000.00) ""Six Hundred Twenty Five Thousand and 00/100"" dollars, in hand paid, hereby sell(s) and convey(s) to LYTLE FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY, whose street address is P.O. BOX 574, Eaton, CO 80615, City or Town of Eaton, County of Weld and State of Colorado, the following real property in the County of Weld and State of Colorado, to wit: State Documentary Fee Date: October 29, 2019 $62.50 THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO also known by street and number as: 21417 COUNTY ROAD 66, GREELEY, CO 80631 with all its appurtenances and warrant(s) the title to the same against all persons claiming under me(s), subject to Statutory Exceptions. Signed this day of October 29, 2019. DEVCO INVESTORS LLC, A COLORADO LIMITED LIABILITY COMPANY ITULLIO, MANAGER State of Colorado )ss. County of LARIMER DONNA MANCI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19894016570 My Commission Expires Novembo! ytI The foregoing instrument was acknowledged before me on this day of October 29th, 2019 by MICHAEL DITULLIO AS MANAGER OF DEVCO INVESTORS LLC, A COLORADO LIMITED LIABILITY COMPANY Witness my hand and official seal My Commission expires: Notary Public When recorded return to: LYTLE FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY P.O. BOX 574, Eaton, CO 80615 Form 1090 closing/deeds/statutory/swd_statutory.html 25168564 (497052) III I IIIIIIIIIIII III I VIII III 4588131 05/06/2020 08:02 AM total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County, CO When recorded return to: Lytle Farms LLC PO Box 574 Eaton, CO 80615 QUITCLAIM DEED THIS DEED is Dated May 5, 2020, and is made between Lytle Farms LLC, Grantor(s), of the County of Weld and State of Colorado, and Lytle Farms LLC, Grantee(s), whose legal address is 33449 Faith Lane, Eaton, CO 80615, of the County of Weld, and State of Colorado. WITNESS, that the grantor, for and in consideration of the sum of TEN and 00/100 DOLLARS,($10.00), the receipt and sufficiency of which is hereby acknowledged, does hereby remised, release, sell and QUITCLAIM, unto the Grantee and the Grantee's heirs and assigns, forever, as Tenants in Common, all the right, title, interest, claim and demand which the Grantor has in and to 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. 0803-22-3 RECX20-0012, recorded 04/08/2020 at Reception No. 4581304, being part of the East Half of the Southwest Quarter of Section 22, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, and the Grantee's heirs and assigns, forever. IN WITN't HEREO', thefaantor has executed this deed on the date set forth above. Il e bfre .'`Z t -(, } SS. The foregoing instrument was acknowledged before me this—da offl Q P _ Af i�� 1(N .f k.\rtY\--s i My c mmissi(DEB6Fi9NH LOMBARDELLI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014035574 MY COMMISSION EXPIRES NOV. 9, 2021 Witness my hand and offi;l seal Notary Public , by 4734746 07/12/2021 04:00 PM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County , CO State Documentary Fee Date: $0.00 No Doc Fee Required Quit Claim Deed (Pursuant to C.R.S. 38-30-113(1)(d)) Grantor(s), LYTLE FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY, whose street address is PO BOX 574, City or Town of EATON, County of WELD and State of COLORADO, 80615, for the consideration of "' Ten Dollars and Other Good and Valuable Consideration "' dollars, in hand paid, hereby sell(s) and quitclaim(s) to LYTLE FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY,as individual whose street address is PO BOX 574, City or Town of EATON, County of WELD and State of COLORADO , the following real property in the County of Weld and State of Colorado, to wit: LOT B OF FAMILY FARM DIVISION NO. FFD21-0008 RECORDED JULY 2, 2021 AT RECEPTION NO. 4732191, BEING PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. also known by street and number as 21417 COUNTY ROAD 66, GREELEY, CO 80631 with all its appurtenances. Signed this day of LYTLE FARMS J A CO • RADO LIMITE'. 'LITY COMPANY KAY - LYTLE, MEMBER State of COLORADO )ss County of WELD The foregoing instrument was acknowledged before me on this day of -64.t U 3-I by KAYCEE LYTLE AS MEMBER OF LYTLE FARMS LLC, A COLORADO LIMIT (ABILITY COMPANY Notary Public My Commission expires Io3-1 DEBORAH LOMBARDELLI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014035574 COMMISSION EXPIRES NOV. 9, 2021 When recorded return to: LYTLE FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY 21417 COUNTY ROAD 66, GREELEY, CO 80631 Form 1092 closing/deeds/statutory/gcd_statutory.html 25187809 (100171699) Land Title III IIIIIIIIIIIIIIIIIIII 11111 4734746 07/12/2021 04:00 PM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County , CO State Documentary Fee Date: $0.00 No Doc Fee Required Quit Claim Deed (Pursuant to C.R.S. 38-30-113(1)(d)) Grantor(s), LYTLE FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY, whose street address is PO BOX 574, City or Town of EATON, County of WELD and State of COLORADO, 80615, for the consideration of "' Ten Dollars and Other Good and Valuable Consideration "' dollars, in hand paid, hereby sell(s) and quitclaim(s) to LYTLE FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY,as individual whose street address is PO BOX 574, City or Town of EATON, County of WELD and State of COLORADO , the following real property in the County of Weld and State of Colorado, to wit: LOT B OF FAMILY FARM DIVISION NO. FFD21-0008 RECORDED JULY 2, 2021 AT RECEPTION NO. 4732191, BEING PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. also known by street and number as 21417 COUNTY ROAD 66, GREELEY, CO 80631 with all its appurtenances. Signed this day of LYTLE FARMS J A CO • RADO LIMITE'. 'LITY COMPANY KAY - LYTLE, MEMBER State of COLORADO )ss County of WELD The foregoing instrument was acknowledged before me on this day of -64.t U 3-I by KAYCEE LYTLE AS MEMBER OF LYTLE FARMS LLC, A COLORADO LIMIT (ABILITY COMPANY Notary Public My Commission expires Io3-1 DEBORAH LOMBARDELLI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014035574 COMMISSION EXPIRES NOV. 9, 2021 When recorded return to: LYTLE FARMS LLC, A COLORADO LIMITED LIABILITY COMPANY 21417 COUNTY ROAD 66, GREELEY, CO 80631 Form 1092 closing/deeds/statutory/gcd_statutory.html 25187809 (100171699) Land Title III IIIIIIIIIIIIIIIIIIII 11111 4771684 11/01/2021 02:46 PM Total Pages: 8 Rec Fee: $48.00 Carly Koppes - Clerk and Recorder, Weld County , CO AFTER RECORDING RETURN TO: CO Land Acquisitions LLC cio SunShare 1724 Gilpin Street Denver, CO 80218 SHORT FORM OF SOLAR ENERGY LEASE AGREEMENT THIS SHORT FORM OF SOLAR ENERGY LEASE AGREEMENT (this "Short Form") is made effective as of October 8 , 2021 (the "Effective Date") by and between LYTLE FARMS LLC, a Colorado limited liability company with an address of PO Box 574, Eaton, CO 80615 ("Landlord"), and CO LAND ACQUISITIONS LLC, a Colorado limited liability company, with an address at 1724 Gilpin Street, Denver, CO 80218 ("Tenant"), 1. Lease. Landlord and Tenant have executed a Solar Energy Lease Agreement (the "Lease") dated as of the Effective Date, by which Landlord leases to Tenant and Tenant leases from Landlord, the real property (the "Leased Premises") located in Weld County Colorado, and more particularly described on ExhibitA attached hereto and incorporated by reference. 2. Permitted Use. Tenant will have possession of the Leased Premises for the exclusive right for solar energy conversion, for the collection and transmission of electric power, and for related and incidental purposes and activities ("Solar Operations"), to be conducted in such locations on the Leased Premises as Tenant may determine, and whether accomplished by Tenant or a third party authorized by Tenant, including, without limitation: (a) Determining the feasibility of solar energy conversion on the Leased Premises or on neighboring lands, including conducting studies of solar radiation, soils, environmental conditions, and other meteorological and geotechnical data; (b) Developing, constructing, reconstructing, erecting, "enlarging, installing, improving, replacing, relocating and removing front time to time, and maintaining, using, monitoring and operating, existing, additional or new (i) individual units or arrays of solar energy collection cells/panels and related facilities necessary to harness sunlight for energy generation and storage, including without limitation, existing and/or future technologies used or useful in connection with the generation and storage of electricity from sunlight, and associated support structure, braces, wiring, plumbing, and related equipment ("Solar Energy Facilities"), (ii) facilities for the storage, collection, distribution, step-up, step-down, wheeling, transmission and sale of electricity and for communications in connection with the Solar Energy Facilities, including, without limitation, the following, at such locations as Tenant will determine that are developed, constructed and/or operated on the Leased Premises: underground and/or overhead distribution, collection and transmission lines; underground and/or overhead control, communications and radio relay systems and telecommunications equipment; energy storage facilities; interconnection and/or switching facilities, circuit breakers, transformers; cables, wires, fiber, conduit, , footings, foundations, towers, poles, crossarms, guy lines and anchors, and any related or associated improvements, fixtures, facilities appliances, machinery and equipment ("Transmission Facilities"), (iii) meteorological masts and solar energy measurement equipment, (iv) control buildings, control boxes and computer monitoring hardware, (v) utility lines and installations, (vi) Page I of$ 4820-003S-0669,.'... 4771684 11/01/2021 02:46 PM Page 2 of 8 safety protection facilities, (vii) laydown areas and maintenance yards, (viii) roads, bridges, culverts, and erosion control facilities, (ix) signs, fences, and gates, (x) maintenance, operations and administration buildings, and (xi) individual units or arrays of solar energy collection cells/panels and related facilities necessary to harness sunlight for energy generation, including without limitation, existing and/or future technologies used or useful in connection with the generation of electricity from sunlight, and associated support structure, braces, wiring, plumbing, and related equipment; (c) Using any existing water well or drilling, digging and excavating one or more wells on the Leased Premises for the purposes of servicing, operating and maintaining the Solar Energy Facilities, Transmission Facilities, and such other improvements and facilities (collectively, the "Solar Energy System") that is located on the Leased Premises, including the right to tap into (at Tenant's sole cost and expense under a separate meter) any municipal, township, county, or other public water service; (d) Removing, trimming, pruning, topping, clearing or otherwise controlling the growth of any tree, shrub, crop, plant, or other vegetation; dismantling, demolishing, and removing any improvement, structure, embankment, impediment, berm, wall, fence, engineering works, or other object, on or that intrudes (or upon maturity could intrude) into the Leased Premises that could obstruct, interfere with or impair the Solar Energy System or the use of the Leased Premises intended by Tenant: and (e) Undertaking any other lawful activities, whether accomplished by Tenant or a third party authorized by Tenant, that Tenant determines are necessary, helpful, appropriate, convenient or cost-effective in connection with, incidental to or to accomplish any of the foregoing purposes, including agriculture, performing surveys, and conducting soils, environmental, biological, cultural, and other tests and studies. (f) Notwithstanding the foregoing, Landlord shall have the right to access the Leased Premises for the purposes of grazing sheep, provided, however, any such entry shall require prior written notice to Tenant and approval by Tenant of such access, which approval shall not be unreasonably withheld, conditioned or delayed. 3. Solar Easement. Pursuant to the Lease, Landlord granted to Tenant the exclusive right and easement on, over and across the Leased Premises for the free and unobstructed flow of sunlight resources, together with the exclusive right to (a) develop, use, convert, maintain and capture such sunlight, (b) convert solar energy into electrical energy, and (c) derive and keep all credits and income therefrom. Without limiting the generality of the preceding sentence, the parties intend to create a "solar easement" pursuant to Colorado Revised Statutes Sections 38-32,5-100.3 through 38-32.5-103, for the benefit of the Leased Premises, burdening the real property described and depicted in Exhibit A. This easement will be effective until the earlier of full tennination or expiration of this Lease or Tenant's non-use for solar energy generation purposes continuously for two consecutive years during the Operations Term. In the event of interference with Tenant's enjoyment of the easement, Landlord will compensate Tenant for all damages caused to Tenant by said interference, 4. Access and Utility Easement, Pursuant to the Lease; Landlord granted to Tenant a non- exclusive easement grant for vehicular and pedestrian access, ingress and egress to and from the Leased Premises (including rights of ingress and egress for Transmission Facilities) over the Leased Premises, and over Landlord's adjacent property, at such locations as described in the Lease; including, without limitation, that certain 16 foot wide access easement as depicted on Exhibit A attached hereto; for purposes related to or associated with the Solar Energy System installed or to be installed on the Leased Premises, which, Page 2 of 8 4820-0035-0669.2 4771684 11/01/2021 02:46 PM Page 3 of 8 without limiting the generality of the foregoing, will entitle Tenant to use, improve and widen any existing and future roads and access routes or construct such roads as Tenant may determine reasonably necessary from time to time located on or providing access to the Leased Premises, across Landlord's adjacent property, In addition, pursuant to the Lease, Landlord granted to Tenant a non-exclusive easement for electrical interconnection purposes and other improvements, facilities, appliances, machinery and equipment in any way related to or associated with any of the foregoing, together with such rights of way as may be reasonably necessary to install, maintain, repair and operate any of the foregoing. Notwithstanding the foregoing, Landlord shall have the right to: (i) conduct flood irrigation; and/or (ii) install and use an underground drip irrigation, in any access or utility easement granted in the Lease, and Tenant's use of any easements therein granted shall not materially interfere with the foregoing rights of Landlord. In addition to Landlord's rights to use the described easements for any purpose not inconsistent with Tenant's Solar Operations (and provided such use does not otherwise interfere with Tenant's rights under this Lease), Landlord shall, at all times during the Development Term and the Operations Tenn, have the right to use and access said 16 foot wide access easement as depicted on Exhibit A attached hereto; The easements described herein, and as further described in the Lease shall terminate upon the later of the expiration or earlier termination of the Lease or the decommissioning described in Section 7.5 of the Lease. In the event Tenant fails to record notices of termination of such easements within 90 days following the later of the expiration or earlier termination of the Lease or the decommissioning described in Section 7.5 of the Lease, Landlord may record the termination in the form of Termination and Release of Easement attached to the Lease as Exhibit B. 5 Term. The Lease consists of two term periods, described as follows: (a) The "Development Term" commences on the Effective Date and ends on the sooner to occur of (i) five (5) years after the Effective Date, or (ii) the date on which the Operations Term (defined below) commences. (b) The "Operations Term" is a twenty-one (21) year term for the portion or portions of the Leased Premises that automatically commences on the commercial operations date, Tenant will have the option and right to extend the Operations Term for up to three (3) successive and continuous ten (10) year periods. 6. Termination: (a) Tenant will have the right to terminate the Lease as to all or portions of the Leased Premises upon at least 60 days prior written notice to Landlord, In the event Tenant exercises its option to terminate the Lease prior to the expiration of the Initial Operations Term, Tenant shall pay to Landlord a termination fee equal to the Operations Fee for one (I) calendar year, Tenant shall only have the right to terminate this Lease in the event (i) foreclosure proceedings arc instituted with respect to Landlord's Property or Tenant's rights to the Leased Premises; or (ii) an Event of Force Majeure (as defined in the Lease) occurs, and Tenant is unable to remedy such Event of Force Majeure within ninety (90) days by promptly beginning, and thereafter pursuing with reasonable diligence and in good faith, a reasonable correction or cure. (b) On each one-year anniversary of the Lease, in the event Landlord has not been notified y Tenant prior to such anniversary that Tenant has been awarded a new RFP or is moving an xisting RFP to the Leased Premises, Landlord shall have the right to terminate the Lease as to all sf the Leased Premises, provided Landlord delivers written notice to Tenant of its intention to enrtinate the Lease on or before thirty (30) days following the end of the calendar month in which he anniversary of the Lease Effective Date passes. In the event Landlord exercises its right to Page 3 °IS 4820-0038-0669.2 4771684 11/01/2021 02:46 PM Page 4 of 8 terminate the Lease in accordance with the terms set forth herein, such termination shall be effective thirty (30) days following Landlord's written notice, 7. Surface Use Relinquishment. To the extent that Landlord holds any mineral estate interests connected to the Leased Property at any time during either the Development Term or the Operations Term, Landlord hereby grants to Tenant a surface use relinquishment of Landlord's mineral estate interest related surface rights over the Leased Premises such that neither Landlord, nor any of its tenants, licensees, contractors, invitees, agents or assigns, will use the surface of the Leased Premises for mining, drilling, exploration, production, or other related purposes so long as the Lease is effective. S Owner Activities. Neither Landlord nor any of its tenants, licensees, contractors, invitees, agents or assigns, currently or prospectively, will materially interfere with, impair, delay or materially increase the cost of Tenant's Solar Operations, or the undertaking of any other activities or the free enjoyment or exercise of any other rights or benefits given to or permitted Tenant under the Lease. Without limiting the generality of the foregoing, neither Landlord nor anyone obtaining rights from or acting with the permission of Landlord will (a) interfere with or impair the free, unobstructed and natural availability of sunlight over or across the Leased Premises (whether by planting trees, constructing structures, or otherwise), or the lateral or subjacent support for the Solar Energy System, or (b) engage in any other activity on the Leased Premises that might cause a decrease in the output, efficiency or longevity of the Solar Energy System, 9. Construction With Lease. All of the terms, covenants, representations, warranties and conditions regarding the Lease and rights and obligations of Landlord and Tenant are more particularly set forth in the Lease, which is incorporated by this reference, This Short Form does not supersede, modify, amend or otherwise change the terms, conditions or representations and warranties of the Lease. In the event of any conflict between this Short Form and the Lease, the Lease will control, It is not intended that this Short Form constitute an amendment to the Lease, and the Lease will control in the event of any inconsistency between it and this Short Form, 10. Amendment. In the event Tenant shall exercise its right to increase or reduce the acreage of flee solar casement in accordance with the terms of the Lease, Landlord hereby acknowledges and agrees That Tenant shall have the right to record an amendment to this Short Form without Landlord's consent, except in the event such increase or decrease includes a substantial or material change to the layout or acreage of the Leased Premises. Any consent by Landlord required hereunder shall not be unreasonably withheld, conditioned or delayed in the event Tenant provides Landlord with assurances that any changes to the Leased Premises do not materially interfere with Landlord's ability to irrigate and farm the remainder of Landlord's Property (as defined in the Lease). Further, Landlord hereby acknowledges and agrees that Tenant shall have the right to record an amendment to this Short Form without Landlord's consent to correct any errors in the legal description attached hereto as Exhibit A. Remainder of page intentionally left blank; signature pages to follon Page 4 of 4320-003541669.2 4771684 11/01/2021 02:46 PM Page 5 of 8 SIGNATURE PAGE TO SHORT FORM OF SOLAR ENERGY LEASE IN WITNESS WHEREOF, Landlord has executed this Short Form sf Solar Energy Lease as of the date first set forth above. LANDLORD: LYTLE FARMS LLC a Colorado lira's" By N: e: a ee Lytle Its: Managing Member y company STATE OF COLORADO COUNTY OF This Short Form of Solar Energy Lease Agrees acknowledged before me on 2021, by Kaycee Lytle; Member and Manager of Lytle Farms LLC. TNESS my hand and official seal: Notary Public Commission Expires gi,. Page 5 ors 4820-0©38.0664.2 DIANA MARIE LIGES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184©13649 4771684 11/01/2021 02:46 PM Page 6 of 8 SIGNATURE PAGE TO SHORT FORM OF SOLAR ENERGY LEASE IN WITNESS WHEREOF, Tenant has executed this Short Form of Solar Energy Lease as of the date first set forth above, TENANT: CO LAND ACQUISITIONS LLC, a Colorado limited liability company By: SunShare Company Holdings, LLC, a Delaware limited liability company Its Manager y: Global Sun Holdings, Inc., a Colorado corporation Manager Name: Cortina Kumpe Its: Chief Operating Officer STATE OF COLORADO CITY AND COUNTY OF DENVER This Short Form of Solar Energy Lease Agreement was acknowledged before me on i VI 2021, by Cortina Kumpe, Chief Operating Officer of Global Sun Holdings, Inc., as Manager of SunShare Company Holdings, LLC, as Manager of CO Land Acquisitions LLC. WITNESS my hand and official se Commission Expires Page 6 orb 4820-01}5-06692 Notary Public SARAH MASSARA Notary Public State of Colorado Notary ID .20184039053 My Commission Expires 10-03.2022 4771684 11 /01 /2021 02:46 PM Page 7 of 8 EXHIBIT A TO SHORT FORM OF SOLAR ENERGY LEASE AGREEMENT THE FOLLOWING REAL PROPERTY LOCATED IN THE COUNTY OF WELD, STATE OF COLORADO: Address: 21417 Co Rd 66, Greeley, CO 80631 Legal Description: LOT B OF RECORDED EXEMPTION NO, 0803-22-3 RECX20-0012, RECORDED 04/08/2020 AT RECEPTION NO. 4581304 BEING A PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF COLORADO. Parcel Number: 080322300004 Total Acres Leased: Approximately 30.644 acres as depicted on the map Total Acres Subject to the Solar Easement: Approximately 8.02 acres as depicted on the map Total Acres Subject to the Access Easement: Approximately 1 01 acres as depicted on the map Total Acres Subject to the Utility Easement: Approximately 1.16 acres as depicted on the map 4771684 11/01/2021 02:46 PM Page 8 of 8 LYTLE FARMS SOLAR 40 on'', 4110.1M490 EXHIBIT A Page 8 of 8 4808416 03/08/2022 11:16 AM Total Pages: 4 Rec Fee: $28.00 Carly Koppes - Clerk and Recorder, Weld County , CO AFTER RECORDING RETURN TO: CO Land Acquisitions LLC c="o SunShare LLC 1724 Gilpin Street Denver, CO 80218 SHORT FORM OF FIRST AMENDMENT TO SOLAR ENERGY LEASE AGREEMENT THIS SHORT FORM OF FIRST AMENDMENT TO SOLAR ENERGY LEASE AGREEMENT (this "First Amendment to Short Form") is made as of January 26, 2022 (the "Effective Date") by and between LYTLE FARMS, LLC, a Colorado limited liability company with an address of P.O. Box 574, Eaton, CO 80615 ("Landlord"), and CO LAND ACQUISITIONS, LLC, a Colorado limited liability company, with an address at 1724 Gilpin Street, Denver, CO 80218 ("Tenant"). 1. Original Lease. Landlord and Tenant entered into that certain Solar Energy Lease Agreement dated as of October 8, 2021, as memorialized by that certain Short Form of Solar Energy Lease Agreement dated as of October 8, 2021, and recorded with the Weld County Clerk and Recorder at Reception No. 4771684, (collectively, the "Original Lease"). 2. First Amendment. Landlord and Tenant have executed a First Amendment to Solar Energy Lease Agreement dated as of the Effective Date, which deletes Paragraph 6(b) in its entirety and replaces it with the following new Paragraph 6(b): On each one-year anniversary of the Lease, in the event Landlord has not been notified by Tenant prior to such anniversary that Tenant (i) has been awarded a new RFP; (ii) is moving an existing RFP to the Leased Premises; or (iii) has begun the process to obtain any Approvals (as defined in Section 8.4 of the Original Lease), Landlord shall have the right to terminate the Lease as to all of the Leased Premises, provided Landlord delivers written notice to Tenant of its intention to terminate the Lease on or before thirty (30) days following the end of the calendar month in which the anniversary of the Lease Effective Date passes. In the event Landlord exercise its right to terminate the Lease in accordance with the terms set forth herein, such termination shall be effective thirty (30) days following Landlord's written notice. 3. Construction With Lease. All of the terms, covenants, representations, warranties and conditions regarding the Original Lease and rights and obligations of Landlord and Tenant are more particularly set forth in the Original Lease, which is incorporated by this reference. This First Amendment to Short Form does not supersede, modify, amend or otherwise change the terms, conditions or representations and warranties of the Original Lease except as expressly set forth herein. In the event of any conflict between this First Amendment to Short Form and the Original Lease, the Original Lease will control. Solar Energy Lease Agreement — Short Form First Amendment Lytle Farms, LLC—CO Land Acquisitions LLC (SunShare) Page 1 of 4 4808416 03/08/2022 11:16 AM Page 2 of 4 4. Ratification. Except as expressly modified hereby the Original Lease shall remain in full force and effect in accordance with its original terms. (Remainder of page intentionally left blank signature pages to fo Solar Energy Lease Agreement Short Form First Amendment Lytle Farms, LLC—CO Land Acquisitions LLC (SunShare) Page 2 of 4 4808416 03/08/2022 11:16 AM Page 3 of 4 SIGNATURE PAGE TO SHORT FORM OF FIRST AMENDMENT TO SOLAR ENERGY LEASE IN WITNESS WHEREOF, Landlord has executed this Short Form of First Amendment to Solar Energy Lease as of the date first set forth above. LANDLORD: LYTLE FARMS LLC, a Colorado limited ly1; % company By: Na K: ycee Lytle Its: Managing Member STATE OF COLORADO COUNTY OF ) ) ss. T is S ttrt Form of First Amendment to Solar Energy Lease Agreement was acknowledged before me on :7,274U, , 2022, by Kaycee Lytle, Member and Manager of Lytle Farms LLC. ORA . LOMBARDELLI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014035574 MY COMMISSION EXPIRES NOY 8, 2 5 Commission Expires: Solar Energy Lease Agreement —Short Form First Amendment Lytle Farms, LLC—CO Land Acquisitions LLC (SunShare) Page 3 of 4 otary Public 4808416 03/08/2022 11:16 AM Page 4 of 4 SIGNATURE PAGE TO SHORT FORM OF FIRST AMENDMENT TO SOLAR ENERGY LEASE IN WITNESS WHEREOF, Tenant has executed this Short Form of First Amendment to Solar Energy Lease as of the date first set forth above. TENANT: CO LAND ACQUISITIONS LLC, a Colorado limited liability company By: SunShare Company Holdings, LLC, a Delaware limited liability company Its: Manager By: Global Sun Holdings, Inc., a Colorado corporation Its: Manager By: Name: Corrina Kumpe Its: Chief Operating Officer STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER ) This hort Form of First Amendment to Solar Energy Lease Agreement was acknowledged before me on a .. , 2022, by Corrina Kumpe, Chief Operating Officer of Global Sun Holdings, Inc., as Manager of SunShare Company Holdings, LLC, as Manager of CO Land Acquisitions LLC. WITNESS my hand and official seal: U NOTARY PUBUC STATE OF COLORADO NOTARY ID 20224005709 MY ON e S FEB LDART 9, 2026 Solar Energy Lease Agreement —Short Form First Amendment Lytle Farms, LLC—CO Land Acquisitions LLC (SunShare) Page 4 of 4 Hello