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Home My WebLink About20220195.tiffLAND TITLE GUARANTEE COMPANY Land Title Date: August 13, 2021 Subject: Attached Title Policy/Guarantee Enclosed please find your product insuring the property located at 16087 COUNTY ROAD 40, LA SALLE, CO 80645. If you have any inquiries or require further assistance, please contact Land Title Customer Care Team at (970) 282- 3649 or customercare@ltgc.com Chain of Title Documents: Weld county recorded 09/25/1995 under reception no. 2456845 Plat Map(s): Weld county recorded 08/23/1995 under reception no. 2452480 Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured;(b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as ofthe Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions 1. The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. 2. In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, 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 Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it 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 Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371- 1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. ANTI -FRAUD STATEMENT: 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. This anti -fraud statement is affixed and made a part of this policy. Copyright 2006-2021 American Land Title Association. All rights reserved. The use of this form 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. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President BLB REPUBLIC NATIONAL TITLE INSURANCE COMPANY NS k (Gr2371-11;iar AMERICAN LANDTI1LE o ASSOCIATION AiLa; �gw— W Sener/ w � Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCIF25184663 Policy No.: PIB25184663.6133735 Liability: $50,000.00 Fee: $125.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES PAT STAHL Herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of August 06, 2021 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: RICHARD R. STAHL AND PATRICIA H. STAHL 2. The estate or interest in the land hereinafter described or referred to covered by this Binder : A FEE SIMPLE 3. The Land referred to in this Binder is described as follows: LOT A OF RECORDED EXEMPTION NO. 1057-26-3-RE1748, RECORDED AUGUST 23, 1995 AS RECEPTION NO. 2452480, BEING PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. 4. The following documents affect the land: RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED IN BOOK 1279 AT PAGE 206. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED FEBRUARY 16, 1972, AT RECEPTION NO. 1583848. Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCIF25184663 Policy No.: PIB25184663.6133735 4. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY IN INSTRUMENT RECORDED SEPTEMBER 16, 1975, UNDER RECEPTION NO. 1669975 IN BOOK 748 5. RIGHT OF WAY EASEMENT AS GRANTED TO ASSOCIATED NATURAL GAS, INC. IN INSTRUMENT RECORDED MARCH 31, 1983, UNDER RECEPTION NO. 1922075 IN BOOK 992 6. RIGHT OF WAY EASEMENT AS GRANTED TO SOCO WATTENBERG CORPORATION IN INSTRUMENT RECORDED DECEMBER 12, 1991, UNDER RECEPTION NO. 2271985 IN BOOK 1320 7. RIGHT OF WAY EASEMENT AS GRANTED TO SWANSON AND MORRIS, LTD. IN INSTRUMENT RECORDED APRIL 20, 1993, UNDER RECEPTION NO. 2329652 IN BOOK 1379 8. RIGHT OF WAY EASEMENT AS GRANTED TO SOCO WATTENBERG CORPORATION IN INSTRUMENT RECORDED APRIL 23, 1993, UNDER RECEPTION NO. 2330207 IN BOOK 1380 9. TERMS, PROVISIONS AND CONDITIONS AND RESERVATION OF MINERALS AS SET FORTH IN DEED RECORDED SEPTEMBER 25, 1995 AT RECEPTION NO. 2456845. 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED EXEMPTION NO. 1057-26-3-RE1748 RECORDED AUGUST 23, 1995 AT RECEPTION NO. 2452480. 11. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED JANUARY 23, 2001 UNDER RECEPTION NO. 2820943. 12. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED OCTOBER 15, 2007 UNDER RECEPTION NO. 3511023. 13. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED DECEMBER 21, 2007 UNDER RECEPTION NO. 3525268. 14. 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. 15. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND GRANT OF EASEMENT RECORDED SEPTEMBER 07, 2012 AT RECEPTION NO. 3871788. 16. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED AUGUST 02, 2018 UNDER RECEPTION NO. 4420477. 17. DEED OF TRUST DATED OCTOBER 20, 2015, FROM RICHARD R. STAHL AND PATRICIA H. STAHL TO THE PUBLIC TRUSTEE OF WELD COUNTY, COLORADO FOR THE USE OF JPMORGAN CHASE BANK, N.A. TO SECURE THE SUM OF $50,000.00 RECORDED OCTOBER 27, 2015, UNDER RECEPTION NO. 4153299. NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT. SUBORDINATION OF DEED OF TRUST AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED FEBRUARY 28, 2018, UNDER RECEPTION NO. 4378428. 18. (THIS ITEM WAS INTENTIONALLY DELETED) 19. DEED OF TRUST DATED JUNE 17, 2021 FROM RICHARD R. STAHL AND PATRICIA H. STAHL TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF JPMORGAN CHASE BANK, N.A. TO SECURE THE SUM OF $416,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JUNE 22, 2021, UNDER RECEPTION NO. 4728269. NOTE: THE FOLLOWING NOTICES PURSUANT TO CRS 9-1.5-103 CONCERNING UNDERGROUND FACILITIES HAVE BEEN FILED WITH THE CLERK AND RECORDER. THESE STATEMENTS ARE GENERAL Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCIF25184663 Policy No.: PIB25184663.6133735 AND DO NOT NECESSARILY GIVE NOTICE OF UNDERGROUND FACILITIES WITHIN THE SUBJECT PROPERTY: (A) MOUNTAIN BELL TELEPHONE COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO. 1870705. (B) WESTERN SLOPE GAS COMPANY, RECORDED MARCH 9, 1983 AT RECEPTION NO. 1919757. (C) ASSOCIATED NATURAL GAS, INC., RECORDED JULY 20, 1984 AT RECEPTION NO. 1974810 AND RECORDED OCTOBER 1, 1984 AT RECEPTION NO. 1983584 AND RECORDED MARCH 3, 1988 AT RECEPTION NO. 2132709 AND RECORDED APRIL 10, 1989 AT RECEPTION NO. 2175917. (D) PANHANDLE EASTERN PIPE LINE COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO. 1870756 AND RECORDED JUNE 26, 1986 AT RECEPTION NO. 2058722. (E) COLORADO INTERSTATE GAS COMPANY, RECORDED AUGUST 31, 1984 AT RECEPTION NO. 1979784. (F) UNION RURAL ELECTRIC ASSOCIATION, INC., RECORDED OCTOBER 5, 1981 AT RECEPTION NO. 1871004. (G) WESTERN GAS SUPPLY COMPANY, RECORDED APRIL 2, 1985 AT RECEPTION NO. 2004300. (H) PUBLIC SERVICE COMPANY OF COLORADO, RECORDED NOVEMBER 9, 1981 AT RECEPTION NO. 1874084. (I) ST. VRAIN SANITATION DISTRICT, RECORDED DECEMBER 14, 1988 AT RECEPTION NO. 2164975. (J) LEFT HAND WATER DISTRICT, RECORDED AUGUST 28, 1990 AT RECEPTION NO. 2224977. (K) UNITED POWER, INC., RECORDED JANUARY 24, 1991 AT RECEPTION NO. 2239296. (L) WIGGINS TELEPHONE ASSOCIATION RECORDED OCTOBER 14, 1992 AT RECEPTION NO. 2306829. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. Prepared by: HASLER, FONFARA AND MAXWELL Attorneys at Law Post Office Box 2267 Fort Collins, CO 80522 AR2 4 5 6A9 3 2456845 B-1512 P-596 09/25/95 03:06P PG 1 OF 4 REC DOC Weld County CO Clerk & Recorder 21.00 16.50 WARRANTY DEED THIS DEED, made this 8th day of September, 1995, by and between CECIL INVESTMENTS, LLC, a Colorado Limited Liability Company, the mailing address of which, for purposes of this Deed, is 1639 35th Avenue Court, Greeley, Colorado 80634 ("Grantor"), and RICHARD R. STAHL and PATRICIA H. STAHL, as joint tenants with rights of survivorship and not as tenants in common, whose mailing address, for purposes of this Deed, is 16087 Weld County Road 40, LaSalle, Colorado 80645 ("Grantees"). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantees, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, convey, and confirm unto Grantees, their heirs, personal representatives, and assigns, forever, that certain parcel of real property, together with all improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, or to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances unto Grantees, their heirs, personal representatives, and assigns, forever. And Grantor, for itself and its successors and assigns, does covenant, grant, bargain, and agree to and with Grantees, their heirs, personal representatives, and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the Property; has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple; and has good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature soever; and Grantor does hereby warrant the title to the same, subject to all easements and rights -of -way in place or of record; protective covenants of record; restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record; all zoning and other governmental rules and regulations; general property taxes for the current year; and expressly subject to all of the following: Leases and Tenancies: None. Mineral Exceptions or Reservations: Those of record. Miscellaneous: Encroachment by Scale House as now located on the Property onto the Highway Right of Way. Reservation of Minerals. Grantor expressly excepts and reserves unto itself, its successors and assigns, all oil, gas, gravel, and other minerals and mineral rights located in, on, or under the surface of the Property, together with the right of ingress and egress for the purpose of mining, drilling, exploring, operating, and developing the Property for oil, gas, gravel, and other minerals. In addition, Grantor expressly excepts and reserves unto itself, and its successors and assigns, all oil and gas leases of the Property, thereby entitling Grantor to all payments made pursuant to said leases, with the exception of payments made thereunder for surface damages. Notice. By accepting and recording this Deed, Grantees hereby expressly recognize and acknowledge that the Property is located in an agricultural area and that adjacent real estate owned by Grantor (the "Retained Property") will, in all likelihood, be utilized in the future for the raising of livestock, spreading of manure on fields, and the use of approved agricultural pesticides and herbicides. Grantees, for themselves and their heirs, personal representatives, and assigns, acknowledge and agree that such use of the Retained Property by Grantor and by Grantor's successors and assigns shall not constitute a nuisance. Grantor, for itself and its successors and assigns, does covenant and agree to and with Grantees, their heirs, personal representatives, and assigns■ that Grantees, their heirs, personal representatives, and assigns, shall and may lawfully and 2456845 B-1512 P-596 09/25/95 03:06P PG 2 OF 4 - 2 - at all times hereafter peaceably and quietly occupy, possess, and enjoy the Property hereby granted, or intended so to be, with the appurtenances, without the lawful hindrance or molestation of Grantor, its successors and assigns, or of any other person whomsoever, by or with his consent, privity, or procurement. IN WITNESS WHEREOF, Grantor has executed this Warranty Deed the day and year first above written. CECIL INVE TMENTS, LLC, a Colorado Limited Liability. Company By " rnon Cecil, Manager Roerta L. Cecil, Manager STATE OF COLORADO ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 8th day of September, 1995, by Vernon Cecil and Roberta L. Cecil, as Managers of CECIL INVESTMENTS, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: 11-15-97 ('/41/ otary Public IARELI, BLOC DARELEA • ` L, Cl)' BLOCH - 3 - 2456845 8-151.2 P-596 09/25/95 03:06P PG 3 OF 4 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN CECIL INVESTMENTS, LLC ("GRANTOR") AND RICHARD R. STAHL AND PATRICIA H. STAHL ("GRANTEES") 245 6845 B-1512 r-596 09/25/95 03:06P PG 4 OF 4 LEGAL DESCRIPTION OF THE PROPERTY Lot A of Recorded Exemption No. 1057-26-3-RE1748, recorded August 23, 1995, in Book 1508 as Reception No. 2452480, being a part of the W1/25W1/4 of Section 26, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. (Street Address: 16087 Weld County Road 40, LaSalle, Colorado) -4- -__ Hello