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Home My WebLink About20232319.tiffPIT( Heritage Title Company Date: File No.: Buyer(s)/Borrower(s): Property: Assessor Parcel No.: April 17, 2023 459-HS0817361-416 M & M Excavation Co., a Colorado corporation 25490 County Road 58, Kersey, CO 80644 R5273408 and 06317200002 7251 W 20th St Building L, #100 Greeley, CO 80634 Phone: 970-330-4522 / Fax: 866-828-0844 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. To: Wernsman Engineering and Land Development 1011 42nd St. Evans, CO 80620 Attn: Eric Wernsman Phone: 970-353-4463 Fax: Email: ejwerns25@gmail.com END OF TRANSMITTAL Title Transmittal Printed: 04.17.23 @ 04:25 PM by V COD1101.doc/ Updated: 12.31.21 Page 1 CO -C W-FFAH-01610.114165-H S 0817361 CLTA CHAIN OF TITLE GUARANTEE Guarantee Number: Issued By: re) COMMOnwealthTM LAND TITLE INSURANCE COMPANY HS0817361 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, COMMONWEALTH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Heritage Title Company - NoCo Region 7251 W 20th St Building L, #100 Greeley, CO 80634 Countersigned By: /144.7 Terry N. Williams Authorized Officer or Agent NNpTITLf/ vS.9 /$' z' SEAL ' 8 �o3 N? NfBRA5�P Commonwealth Land Title Insurance Company By: Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary CLTA Chain of Title (06/06/1992) Printed: 04.17.23 @ 04:25 PM Page 2 CO-CW-FFAH-01610.114165-SPS-0-23-HS0817361 NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies. C. R. S. A. § 10-1-128 (6)(a). Anti -Fraud Claim Statement Printed: 04.17.23 @ 04:25 PM Page 3 CO-CW-FFAH-01610.114165-SPS-0-23-HS0817361 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0817361 ISSUING OFFICE: Heritage Title Company - NoCo Region 7251 W 20th St Building L, #100 Greeley, CO 80634 Main Phone: 970-330-4522 SCHEDULE A Liability Fee Title Officer $150.00 $150.00 Lynn Vance 1. Name of Assured: Wernsman Engineering and Land Development and M & M Excavation Co., a Colorado corporation 2. Date of Guarantee: April 11, 2023 at 12:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matters relating to the interest, if any, which was conveyed to M & M Excavation Co., a Colorado corporation pursuant to a Quitclaim Deed recorded July 12, 2012 at Reception No. 3858547 in and to the land described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Only the following deeds and maps appear in such records subsequent to January 26, 1948: Book 1219 at Page 510 Reception No. 3073634 Reception No. 3504763 Reception No. 3545423 Reception No. 3858547 This Guarantee does not cover: 1. Taxes, assessments, and matters related thereto. END OF SCHEDULE A CLTA Chain of Title (06/06/1992) Printed: 04.17.23 @ 04:25 PM Page 4 CO-CW-FFAH-01610.114165-SPS-0-23-HS0817361 EXHIBIT "A" Legal Description Lot B of Recorded Exemption No. 0963-17-2 RE -4762, being a part of the E2 of the NW4, Section 17, Township 5N, Range 64 W of the 6th P.M., Weld County, Colorado, as evidenced by that certain plat recorded April 3, 2008 as Reception No. 3545423, County of Weld, State of Colorado CLTA Chain of Title (06/06/1992) Printed: 04.17.23 @ 04:25 PM Page 5 CO-CW-FFAH-01610.114165-SPS-0-23-HS0817361 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0817361 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A) of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule A and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. CLTA Chain of Title (06/06/1992) Printed: 04.17.23 @ 04:25 PM Page 6 CO-CW-FFAH-01610.114165-SPS-0-23-HS0817361 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0817361 (continued) 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. DETERMINATION AND EXTENT OF LIABILITY This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. CLTA Chain of Title (06/06/1992) Printed: 04.17.23 @ 04:25 PM Page 7 CO-CW-FFAH-01610.114165-SPS-0-23-HS0817361 COMMONWEALTH LAND TITLE INSURANCE COMPANY GUARANTEE NO. HS0817361 (continued) 10. PAYMENT OF LOSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is One Million And No/100 Dollars ($1,000,000) or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of One Million And No/100 Dollars ($1,000,000) shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: Commonwealth Land Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Administration END OF CONDITIONS AND STIPULATIONS CLTA Chain of Title (06/06/1992) Printed: 04.17.23 @ 04:25 PM Page 8 CO-CW-FFAH-01610.114165-SPS-0-23-HS0817361 First Amri an Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Issuing Office: , Issuing Office's ALTA® Registry ID: Commitment Number: 5509-4031647 Issuing Office File Number: 5509-4031647 Property Address: 25296 County Road 58, Weld, CO 80631 APN: R5273308 Revision Number: SCHEDULE A 1. Commitment Date: January 23, 2023 at 8:00 a.m. 2. Policy to be issued: a. 2021 ALTA Policy - form(s) To Be Determined Proposed Insured: To Be Determined Proposed Amount of Insurance: $0.00 The estate or interest to be insured: See Item 3 below 3. The estate or interest in the Land at the Commitment Date is: Fee Simple interest 4. The Title is, at the Commitment Date, vested in: M & M Excavation Co., a Colorado corporation 5. The Land is described as follows: See Exhibit A attached hereto and made a part hereof Premiums: Owner's Policy: $ Lender's Policy: $ Tax Certificate Fee: $ Endorsement(s): $ Informational Commitment Fee $475.00 (100.00 tbd fee & 3 hrs @ 125.00/hr) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 1 of 15 First Amri an Commitment No. 5509-4031647 Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) SCHEDULE B, PART I —Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. 6. Evidence that all assessments for common expenses, if any, have been paid. 7. Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company. 8. The Company requires a five day notification prior to closing to update the information within this commitment. NOTE: This commitment has been issued for information purposes only and there are no requirements. The liability of the Company in terms of this Commitment is limited to the charges paid for the Commitment. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 2 of 15 First Amri an Commitment No. 5509-4031647 Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) SCHEDULE B, PART II —Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I —Requirements are met. Note: Exception number 5 will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 8. Any water rights, claims of title to water, in, on or under the Land. 9. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, Colorado, recorded October 14, 1889 in Book 86 at Page 273. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 3 of 15 First Amri an Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 10. Reservations made by the Union Pacific Railway Company in deed recorded December 26, 1891 in Book 106 at Page 138, providing substantially as follows: Reserving unto the company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prospect and mine for same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same; and any and all assignments thereof or interest therein. 11. An Oil and Gas Lease, executed by Samuel Steinmetz and Martha B. Steinmetz as Lessor(s) and by Colorado Land Services as Lessee(s) for a primary term of 3 years, dated December 22, 1993, recorded January 11, 1984 at Reception No. 1952680; and any and all assignments thereof or interests therein. NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein. 12. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Pipeline Right of Way Grant recorded January 8, 1998 at Reception No. 2588254. 13. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Value Site Contract recorded February 6, 1998 at Reception No. 2593078. 14. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Request for Notification of Surface Development recorded May 28, 2002 at Reception No. 2955133. 15. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Request for Notification of Surface Development recorded August 24, 2007 at Reception No. 3499549. 16. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Surface Use Agreement recorded September 4, 2007 at Reception No. 3501708. 17. All oil, gas, minerals and other mineral rights as reserved in instrument recorded September 18, 2007 at Reception No. 3504763. 18. Easements, conditions, covenants, restrictions, reservations and notes on the Map of Recorded Exemption No. 0963-17-2 RE -4762 recorded April 3, 2008 at Reception No. 3545423. 19. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Findings and Decree recorded September 29, 2010 at Reception No. 3721790. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 4 of 15 First Amri an Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 20. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Improvements Agreement according to policy regarding collateral for improvements recorded June 14, 2012 at Reception No. 3852644. 21. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Resolution recorded July 12, 2012 at Reception No. 3858544. 22. Easements, conditions, covenants, restrictions, reservations and notes on the Use by Special Review - USR - 11-0027 in instrument recorded August 8, 2012 at Reception No. 3864951. 23. Any interest in all oil, gas and other minerals conveyed to Kathleen M. Thomas, Irene G. Bond and Eileen Y. Bruce by Mineral Deed, recorded March 26, 2013 at Reception No. 3919719; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 24. Reservation of "All Mineral Lands", should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the terms of the Statute, "shall not be construed to include coal and iron land" as disclosed in U.S. Patent recorded May 20, 2013 at Reception No. 3933607. 25. Any tax, lien, fee, or assessment by reason of inclusion in the Central Weld County Water District, as evidenced by instrument recorded June 28, 2013 at Reception No. 3943872. 26. Any interest in all oil, gas and other minerals conveyed to Wolfhawk Energy Holdings, LLC by Mineral and Royalty Deed, recorded January 16, 2017 at Reception No. 4269933; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 27. Any interest in all oil, gas and other minerals conveyed to Principle Energy, L.L.C., a Louisiana limited liability company by Mineral Deed, recorded June 16, 2016 at Reception No. 4211751; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 28. Any interest in all oil, gas and other minerals conveyed to Ferrari Energy LLC, a Colorado limited liability company by Mineral and Royalty Deed, recorded December 7, 2016 at Reception No. 4259957; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 29. Any interest in all oil, gas and other minerals conveyed to Ferrari Energy LLC, a Colorado limited liability company by Mineral and Royalty Deed, recorded June 22, 2017 at Reception No. 4312486; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 30. Any interest in all oil, gas and other minerals conveyed to Wolfhawk Energy Holdings, LLC by Mineral and Royalty Deed, recorded July 21, 2017 at Reception No. 4320153; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 5 of 15 First Amri an Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 31. Any interest in all oil, gas and other minerals conveyed to Wolverine Energy Holding by Mineral and Royalty Deed, recorded January 25, 2018 at Reception No. 4370536; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 32. Any interest in all oil, gas and other minerals conveyed to HZN Resources, LLC by Mineral Deed, recorded June 4, 2018 at Reception No. 4404035; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 33. Any interest in all oil, gas and other minerals conveyed to HZN Resources, LLC by Mineral Deed, recorded June 11, 2018 at Reception No. 4405949; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 34. Any interest in all oil, gas and other minerals conveyed to JAB Resources LLC, a Colorado limited liability company by Mineral Deed, recorded June 20, 2018 at Reception No. 4408831; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 35. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Pipeline Easement recorded January 2, 2019 at Reception No. 4457306. 36. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Petition for Class D Irrigation Water Allotment Contract recorded February 13, 2019 at Reception No. 4466619. 37. Any interest in all oil, gas and other minerals conveyed to Royalty Asset Holdings II, LP by Mineral Deed, recorded June 24, 2019 at Reception No. 4499904; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 38. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Road Maintenance Agreement recorded September 17, 2019 at Reception No. 4524147. 39. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Right -of -Way Grant recorded October 16, 2019 at Reception No. 4532730. 40. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Resolution recorded October 18, 2019 at Reception No. 4533548. 41. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Petition for Class D Irrigation Water Allotment Contract recorded November 23, 2020 at Reception No. 4653969. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 6 of 15 First Amri an Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 42. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Pipeline Right -of -Way Grant and Easement recorded November 1, 2022 at Reception No. 4864526. 43. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Right -of -Way Grant for Pipeline Easement recorded December 13, 2022 at Reception No. 4871806. 44. Any existing leases or tenancies. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 7 of 15 First Amri an EXHIBIT A Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) The Land referred to herein below is situated in the County of Weld, State of Colorado, and is described as follows: LOTS A AND B OF RECORDED EXEMPTION NO. 0963-17-2 RE -4762, ACCORDING TO THE MAP RECORDED APRIL 3, 2008 AT RECEPTION NO. 3545423, BEING PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 8 of 15 First Amri an DISCLOSURE STATEMENT Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. C.R.S. 10-11-122 (4), Colorado Notaries may remotely notarize real estate deeds and other documents using real-time audio -video communication technology. You may choose not to use remote notarization for any document. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 9 of 15 First Amri an Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material -men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 10 of 15 First Amri an Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) ALTA COMMITMENT FOR TITLE INSURANCE issued by FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I —Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. FIRST AMERICAN TITLE INSURANCE COMPANY By: Oy2 Kenneth D. DeGiorgio, President By: Lisa W. Cornehl, Secretary This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 11 of 15 First Amri an COMMITMENT CONDITIONS Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 1. DEFINITIONS a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A. 2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 12 of 15 First Amri an Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 3. The Company's liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I —Requirements; and f. Schedule B, Part II —Exceptions; and g. a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I —Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I —Requirements have been met to the satisfaction of the Company. g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 13 of 15 First Amri an Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other purpose. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 14 of 15 First Amri an Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50095700 (12-17-21) Page 15 of 15 CI de tLers 455 Pages: 1 26/2013 04:54 PM R F $11.00 D Fee:$14.00 eve Moreno, Clerk and R=oar er, Weld County, CO kni p irtpow li 0 WAY DEED THIS DEED, mad 24th day of June, 2013, een Clyde A. Sanders of the County of and State of Colorado, 1� grantor(s), andM Excavation Co., a Col o corporation whose<ol address is 185 . sam Avenue, Greele 0O 80631 of thnty of Weld and State of ' redo, grantees: Oo VI#�I ESS, that the grantor(s), and in consideration of the 5wri of ONE HUNDRED FOIE THOUSAND 00/100 DOLLARS ($ 000.00), the receipt andciency of which is here ted, bargained, sold an oe veyed, and by these pre does grant, bargain, sell, the grantees, their heirs signs forever, TENANT SEVERALTY, all the improvements, if any, e, lying and being in the ofWeld and State of C LOT A OF RE ED EXEMPTION 0 7 -2 -RE -4762, ACCO G TO THE MAP RECORDED L 3, 008 AT RECE NO. 3545423, BE ART OF THE EAST OF THE N HWEST 1/4 OF SEC 17, TOWNSHIP 5 H, RANGE 64 WE THE SIX,' RINCIPAL MERID , COUNTY OF WEL)}, ATE OF COLOR) also k by street and number as: 96 County Road 58, Gre '; CO 80631 T THER with all and sin ertaining, and the reversio estate, right, title, interes O�t�►e above bargained prem TO HAVE AND TO grantees, their heirs covenant, grant, b and delivery of and indefeasiktate of inheritance, in laC`ee simple, and has good grant, bargain;sell and convey the same in m ner and form as aforesai all formed other grants, bargains, saf, liens, taxes, assessments kind�ture soever, except generates for the current year coy s, conditions, restrictio servations, and rights of, rantor(s) shall and will W NT AND FOREVER D peaceable possession of antees, their heirs and as aiming the whole or any ereof. The singular number selude the plural, the plur to all genders. the hereditaments and a reversions, remainder an m and demand whatsoev ith the hereditaments the said premises abov, ssigns forever. The gran and agree to and with th presents, he is well seize cknowledged, has ey and confirm unto roperty, together with do, described as follows: enances thereunto belon mainders, rents, issues and the grantor(s), either in la_ urtenances; gained and described, w ), for himself, his heirs, tees, their heirs and assi e premises above cony IN WITNESS ((a�te of Colorado c ounty Of WELD � The foregoing instrume My Commission exr>i or in anywise its thereof, and all equity, of, in and to appurtenances, unto the rsonal representatives, do, at at the time of the ense has good, sure, perfect, a full power and lawful a auid that the same are free an umbrances and restrictio ubsequent years, and e of record, if any. ��nn ND the above -bargained pr hises in the quiet , against all and every pe r persons lawfully singular, and the use of a .Crider shall be applicable REOF, the grantor has.?ted !fed this deed on the date s,rth above. O0 o 0 4. O O 0 O�O �OKO} ss. acknowledged before l June' , 013, by CI Witn• y and and OO g Address for Recorded ress 00 O WATV DEED Oe� 0 ents is: nlr COMM. EXP.08.18, 00 O File Y 47ITG to ty to cl8ar from whatever easements, 00 O0 anders eal. Notary Public 00 O 0 O0 O0 o ° ° ° ° 385:. f; 07/12/2012 1 2:2 TQta ages: 1 Rec Fee: 00 e Moreno - Clerk ecorder, Weld Co e0 000 O O �� fLAIM DEED 0 O0 O ,h O` e T I EED, made this 12 da of July, 2012, betwe I M Excavation Co. a &lorado corpo n, Grantor, and M & cavation Co., a Colo corporation, whose al address is 1 jalsam Ave., Greele 80631, Grantee; O ' WITNESSETH t Grantor, for and i nsideration of the s i0 Less Than Five Hundred Dollars, an d er good and valuabl sideration, the recei t t d sufficiency of whic are hereby ackno dged, has remised, rel 4.cl, sold, and QUITC ED, and by these pres does remise, r- e, sell, and QUITO unto Grantee and e's heirs, successo d assigns, fors ' , all the right, title, int , claim, and demand Grantor has in and G 1d- real property, to -they with improvem ts,if any, situate, lying, n• •eing in the County f eld and State lorado, described aws: O O O fi© , Lot B of Reco ed Exemption No. 0967-2 RE -4762, bein• . pert of the E2 of the �O NW4, -3.n 17, Township 5 Inge 64 W of the 1'a~ ., Weld County, �� Color-�; , as evidenced by tha in plat recorded Apr 008 as Reception No \2 3ot�j;►� 3 00 00 00 ( 4 D, � so known by street aumber as: NIA ,,.O e HAVE AND TO HO $ re same, together wit nd singular the app ►ances and priyiis thereunto belongi ' in anywise thereunto ertaining, and all the - sP= e, right, title, i tamest and claim whatso v �, of Grantor, either in la�w^^ equity, to the only prpp use, benefit and oof of Grantee andO itee's heirs, success xiand assigns forever.OW� �O IN W ITNE HEREOF, Grantor used this deed to be Muted on the date set f el (4 above. D o o o' M & M EXCA6ION CO, e4 e4 a Co do corporation e ab O( 00 O00 STATE OF COQ 'ADO .4-32 COUNTY ELD O \The foregoing instrum er, as President of M O (O�y: J ) ss. ) as acknowledged be Excavation Co., a Co ab nd official seal. OHO Terry S. +''ei-; -`dent 4.4 �O ado corporation. .@ ab 00O O00 X90 me this 12th clay of Ju OHO O 00 12, by Terry Hello