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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20221393.tiff
Unified Title Company of Northern Colorado, LLC 1275 58th Avenue, Unit C Greeley, CO 80634 Phone: 970-356-3551 Fax: 970-356-2063 Transmittal Information Date: File No Property Address Buyer\Borrower Seller 03/08/2021 21866UTG 13813 County Road 74, Eaton, CO 80615 Wesley J. Basiliere and Shaun A. Basiliere For changes and updates please contact your Escrow Officer: Not Applicable Unified Title Company of Northern Colorado, LLC 1275 58th Avenue, Unit C Greeley, CO 80634 Phone 970-356-3551 Direct Phone: Fax: 970-356-2063 Email Escrow Processor: E -Mail: Direct Phone: Escrow officer(s): Title Officer: Melissa Scherer Unified Title Company of Northern Colorado, LLC 1275 58th Avenue, Unit C Greeley, CO 80634 Phone: 970-356-3551 Fax: 970-356-2063 Email: mscherer@.unifiedtitle.com Copies Sent to Customer: Wesley J. Basiliere 13813 Weld County Road 74 Eaton, CO 80615 Phone: 802-355-5180 Fax: Attn: Wesley Jay Basiliere DELIVERED VIA: E-MAIL Buyer: Wesley J. Basiliere and Shaun A. Basiliere DELIVERED VIA: AGENT Buyer's Agent: Buyer's Attorney: Lender: Seller: Seller's Agent: Seller's Attorney: Mortgage Broker: Phone: Fax: Attn: Misc: Wesley J. Basiliere 13813 Weld County Road 74 Eaton, CO 80615 Phone: 802-355-5180 Contact: Wesley Jay Basiliere Email: wjaybas@gmail.com Phone: Fax: Attn: File No: 21866UTG Amendment No: 1 COMMITMENT FOR TITLE INSURANCE Issued by Stewart Title Guaranty Company SCHEDULE A Effective Date: March 3, 2021, 8:00 am 2 Policy to be issued: (a) 2006 ALTA® Owner's Policy Proposed Insured: Proposed Policy Amount (b) 2006 ALTA® Loan Policy Proposed Insured: Proposed Policy Amount To Be Determined End 300.00 Total: 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4 The Title is, at the Commitment Date, vested in Wesley J. Basiliere and Shaun A. Basiliere 5 The land referred to in this Commitment is described as follows: 300.00 Amended Subdivision Exemption No. 1030, recorded February 8, 2007 at Reception No. 3453984, being a part of the East Half of the Southeast Quarter of Section 32, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. For Informational Purposes Only: 13813 County Road 74, Eaton, CO 80615 Countersigned Unified Title Company of Northern Colorado, LLC By: Melissa Scherer File No: 21866UTG Amendment No: 1 COMMITMENT FOR TITLE INSURANCE Issued by Stewart Title Guaranty Company SCHEDULE B, PART I Requirements Effective Date: March 03, 2021 at 8:OOam 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. 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. FOR INFORNIATIONAL PURPOSES ONLY: 24 -month Chain of Title: The only conveyance(s) affecting said land recorded within the 24 months preceding the date of this commitment is (are) as follows: Deed recorded December 29, 2010 as Reception No. 3741722. NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported. File No: 21866UTG Amendment No: 1 Stewart Title Guaranty Company Stewart Title Guaranty Company SCHEDULE B, PART II Exceptions Effective Date: March 03, 2021 at 8:00am THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements or claims of easements not shown in the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public record. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 7. Any water rights or claims or title to water, in or under the land, whether or not shown by the public records. 8. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer ser ice, or for any other special taxing district. Note: Upon verification of payment of all taxes the above exception will be amended to read, "Taxes and assessments for the current year, and subsequent years, a lien not yet due and payable." 9. Rights of VVay for VVeld County Road 74. 10. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby as reserved in United States Patent recorded July 17, 1893 at Reception No. 48873. 11. Terms, agreements, provisions, conditions, obligations and easements as contained in instrument, recorded October 17, 1953 in Book 1371 at Page 407. 12. Oil and gas lease between T. Wesley Galloway and Marie Galloway and Patrick Petroleum Corporaiton of Michigan recorded April 9, 1981 at Reception No. 1854579, and any interests therein or rights thereunder. 13. The following Notices concerning underground facilities have been filed with the Weld County Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the Land: (a) Mountain Bell Telephone Company, recorded October 1, 1981, in Book 949 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 September 3, 1985 at Reception No. 2023390. (f) Union Rural Electric Association, Inc., recorded October _5, 1981 at Reception No. 1871004. (g) Western Gas Supply Company, recorded April 2, 1985, in Book 1063 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) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 at Reception No. 2058722. (k) United Power, Inc. recorded January 24, 1991 at Reception No. 2239296. 14. Easement(s) and rights of way including its terms and conditions for pipeline or pipelines as granted to Natural Gas Associates Inc. in instrument recorded April 7, 1986 at Reception No. 2049038. 15. All interest in all oil, gas and mineral rights as reserved in a deed recorded August 5, 1988 at Reception No. 2150547, and any interests therein or rights thereunder. 16. Terms, reservations, agreements, provisions, conditions and obligations as contained in Warranty Deed, recorded October 20, 2004 at Reception No. 3229031. 17. Notes and easements as shown on map of Subdivision Exemption No. SE 1030, recorded November 12, 2004 at Reception No. 3235208. 18. Notes and easements as shown on map of Amended Subdivision Exemption No. 1030, recorded February 8, 2007 at Reception No. 3453984. 19. Terms, reservations, agreements, provisions, conditions, obligations, and easements as contained in Bargain and Sale Deed and Grant of Easement, recorded March 9, 2007 at Reception No. 3460751. 20. Easement(s) and rights of way including its terms and conditions for natural gas pipeline as granted to Kinder Morgan Interstate Gas Transmission LLC in instrument recorded July 17, 2008 at Reception No. 3566968. 21. Request for Notification of Surface Development recorded March 3, 2009 at Reception No. 3608594. 22. All interest in all oil, gas, sand, gravel and other mineral rights as reserved in a deed recorded June 3, 2009 at Reception No. 3627336, and any interests therein or rights thereunder. 23. All interest in all oil, gas, coal, sand, gravel and other mineral rights as reserved in a deed recorded December 29, 2009 at Reception No. 3667295, and any interests therein or rights thereunder. 24. Deed of Trust from Wesley J. Basiliere and Shaun A. Basiliere to the Public Trustee of the County of Weld, State of Colorado, for the use of JPlllorgan Chase Bank, NA to secure $374,400.00, dated January 8, 2013 and recorded January 22, 2013 at Reception No. 3904610. 25. Deed of Trust from Wesley J. Basiliere and Shaun A. Basiliere to the Public Trustee of the County of Weld, State of Colorado, for the use of JPAlorgan Chase Bank, NA to secure $140,000.00, dated September 27, 2017 and recorded October 9, 2017 at Reception No. 4342619. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. AL I A uommitment 0:5/1 fMb) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart® title guaranty company STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Require-ments; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the Commitment upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Chairman of the Board Issued By. 5 f- StaI" re —nuo pLisnnNr. nnnrn. Unified Title Company of Northern Colorado, LLC (Company) 2026 Caribou Drive, Suite 101 Fort Collins; CO President 004 -UN ALTA Commitment (6/17/06) CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledgeof any defect, lien, encumbrance,adverseclaim or other matter affect ngthe estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule hereof, and shall fail to disclose such knowledgeto the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudicedby failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledgeto the Company, or if the Company otherwiseacquires actual knowledgeof any such defect, lien, encumbrance,adverse claim or other matter, the Company at its option may amend Schedule B of this Commitmentaccordingly, but such amendmentshall not relievethe Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included underthe definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon coveredby this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisionsand Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favorof the proposed Insured which are hereby incorporatedby referenceand are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgagethereoncovered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusiveremedy of the parties. You may review a copy of the arbitration rules at<http://www. alta. orp. stewart -title guaranty company 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 P.O. Box 2029, Houston, Texas 77252. Upti TITLE MPANY UNDERSTANDING YOUR TITLE COMMITMENT SCHEDULE A: No. 1: Effective date: This is the date our title plant is certified through. There will typically be a 1-2 week gap between the certification date and the date the commitment is issued. No. 2A: Owner's Policy Proposed Insured: This is how the buyer's name(s) appear(s) on the Contract, all Closing documents and your Final Title Policy. If your name is appearing incorrectly, please advise your Realtor, Builder and/or Lender. No_ 2B: Loan Policy Proposed Insured: This is how your lender has requested their name appear. If you are working with a Mortgage Broker, then this name may be unfamiliar to you. If a determination has not yet been made on what lender will be providing your loan, then this may appear as 'TBD' (To Be Determined). If you are paying cash for this purchase, this item will be left blank. Charges: Title Premiums, Endorsements and Tax Certificates: These are fees for the items that the Company has determined may be required by your Lender and/or to meet the terms of your contract. Your lender may request additional items. This does not include any closing fees. No. 3: The estate or interest in the land...: This shows the type of ownership that is going to be insured. No. 4: The Title is, at the Commitment Date...: This shows the name(s) of the current owner(s). No_ 5: The land referred to in the Commitment...: This is the 'legal' property description for the real estate you are buying or selling. SCHEDULE B -SECTION 1: These are Requirements that must be satisfied in order to provide clear title to the Buyer and/or Lender. The closer and/or processor for the Title Company, will generally take care of satisfying these requirements, however there may be times when your help will be needed as well. Some requirements will be met prior to closing, and others will be met at the time of closing. SCHEDULE B -SECTION 2: These items are Exceptions to your coverage. We are telling you these items exist (whether by recordation in the County Clerk and Recorder's office or because we have knowledge of them through other means). Since these items have been disclosed to you, you will not be provided any coverage for same. Owner's Extended Coverage will delete Items 1-5 of the pre-printed items on Residential Sale Commitments, provided that the coverage was requested by contract and collected at closing. Copies of the plat and covenants will be automatically sent to the buyer and/or Selling Agent. We are happy to also provide you with copies of any other exceptions as well. DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: A.THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT C. 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 Note Colorado Division of Insurance Regulations 8-2-2, Section 5, Paragraph G requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Title Company Name conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note 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: 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 materialmen 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 unfiled Mechanic's and Materialmen'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. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: 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: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. 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. CO Commitment Disclosure STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information, Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA) The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether y ou can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control They can be financial and nonfinancial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes information about your creditworthiness. No We don't share For our affiliates to market to you Yes No For nonaffiliates to market to you. Nonaffiliates are companies not related by common ownership or control They can be financial and nonfinancial companies. No We don't share We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a nonaffiliate, such as a third party insurance company, we will disclose your personal information to that nonaffiliate Sharing practices How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 Unified Title Company of Northern Colorado, LLC PRIVACY POLICY NOTICE Our Commitment To You In order to better serve your needs now and in the future, we may ask you to provide us with certain information We understand that you may be concerned about what we will do with such information —particularly any personal or financial information. We agree that you have a right to know how we will utilizethe personal information you provide to us. We have, therefore, adopted this Privacy Policy to govern the use and handling of your personal information. Our Privacy Policies and Practices Information we collect and sources from which we collect it: Depending upon the services you are utilizing, we may collect nonpublic personal information about you from the following sources: ■ Information we receive from you or your representatives on applications or other forms ■ Information you or your representatives provide to us, whether in writing, in person, by telephone, electronically, or by any other means. ■ Information about your transactions that we secure from our files or from our affiliates or others. ■ Information that we receive from others involved in your transaction, such as the real estate agent, lender, or credit bureau. ■ Information obtained through our web site, as outlined below. Use of information: ■ We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. ■ We will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. ■ In the course of our general business practices, we may share and reserve the right to share the information we collect, as described above, about you or others as permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERM ITTED BY LAW. Security and Confidentiality of Your Information: Safekeeping of your non-public personal information is a high priority. We maintain physical safeguards, such as secure areas in buildings; electronic safeguards, such as passwords and encryption; and procedural safeguards, such as customer authentication procedures. We restrict access to nonpublic personal information about you to those who need to know that information in order to provide products or services to you. We carefully select and monitor outside service providers who have access to customer information, and we require them to keep it safe and secure. We do not allow them to use or share the information for any purpose other than to perform the service for which they are engaged. We train our employees with respect to security procedures and monitor compliance therewith We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Information Obtained Through Our Web Site We are sensitive to privacy issues on the Internet and believe it is important you know how we treat the information about you we receive on the Internet In general, you can visit our web site on the World Wide Web without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, averagetime spent on the site, pages viewed, and similar information. We use this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and e-mail address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order, or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above Cookies Our web site may use "cookies" to improve the level of service to visitors. Cookies are lines of text that are transmitted to a web browser and stored on the visitor's hard drive. When the visitor returns to the web site the cookie is transmitted back. Cookies provide a way for a server to recall a previous request or registration, or to keep track of a transaction as it progresses, thereby eliminating the need to repeat the information previously provided. A cookie can only be accessed from the web site that placed it on the visitor's system. The cookies used by us do not collect personal identification information and we do not combine information collected through cookies with other personal information to determine a visitor's identity or e-mail address. Cookies are commonly used on web sites today and should not harm any system upon which they are transmitted. Browsers can be configured to notify visitors when cookies are about to be received and provide visitors with the option of refusing cookies. man 616f43'? JCS F. .•• - CEiti.PUlena. SYSTEM NO. 1 FBI GS 1. Ole allegations of fact in the claim heroin filed for said system ar4 supnerted by the evidence. 2y The name of the clainent is Joe F. 3-Laythorn and his post office. address is Eaton, Colorado. 3 The nude of the we3.l and construction worts commis cla .mint is punIr ins system from vb.ich the appropriation hereby claimed. 1s derived is the JJu F. HAYTEMILT PUMPING =UM NO. 1. 4. The source o£ supply of wr..terr fox. said. pL'1mpin ; sy.5tero, i«t the «i atv.I, � ��"�{�f f ?, f ' o,, '1� �' ��Z �' w �tt.`r. from r. +.do lying to shy Borth y� lieut., .J. � a V �1,:.. i �"•� � 1.. L d w•�Ca l .►.L7A s, �.�4� ^, c.n vl 1 r. � arc l Mai eY� "t Wad. � s fir- a n:: oll� � i i.� �x. said .:.Lii:%�r fli2G�. ����. ♦.LS' E3 � �.»s� 'ic.._1;,. 1]�.d � ?"�k,� D,rL"sue 'viu.•Ce'�� �� . {.. [>r , d. Y1;j' =mins from said wr:11. Such tinter is not naturally Crib:4,:.7 to any s treKid. and If left to itself would. not reach nor aLswent. • hc.i floe ray: :.:ny �lJ.Jiblr�a3. stream. CLIima xt ! s ;Land is all irrigated xrau Catcher. ta%J..:�.;y 4liw G:ichw Fwud:4 F,t ►�ez, supplemontod by fr..,.► su.it~. ;�'e:�;%,�3�u.� : laavr <'1 wwC said land. its lo:'::. Lc3. within Water District No. 3: Water Division 1 of th:: Static of Colorado. description system, �;>�1,w � � �. �; �enet�:til .�esci�..pi:.�-orti ��i'' the 33 F t,_.,. by r�......�, ki' �•,x..ch tr, appropria- tion of tro..ter is accromp a sia ea w c.s set forth. in the cl .-Ln. h::r;.,; .i7. and as f o ?,�irs; &mid. system coiis..s t,a of ow. iri igatxtas .-re t located on the fuzm of `I cLLt;}1L:E7v1 Quarter t1..W46. «-JA.A. �:.&I. tp,ys Soutil"•sv8t ti:.u.-7,2':.er MO of Section. rtt rtf^tbro (32), ;.il To nsh'?p ct er. ( f) (66) razest. of he Sixth Principal 1M•)rid1"n Said 1uc..:a..��� ... a.sump apvrxx.,al.tcay 374 a..... ary::riz :' n ..ridth from 33 foot at the. Wee', end to 73 feet at the F`iazt ncl1 at s Doint apDreatimatLly 1490 feet North and l2}6 feet East of uho southwest corner of saLd Section 32'. Said. cell o 20 feet in depth, equLpped with a motor) vi th intlh column inside of the 222 foot casing., and has a, carp=.� �.tg of 1.5 cubic feet or water per emu; and of time. The,... normal 3.evei. or said -ra ter is 12 inches belvw the surface lath a draw dgvr. of 10 fe4.tt. in .01x?s70ea. k"w•om sfi_ic3 nub through said zrel dit; _ _s m:., ].^.t4rals for ti afi; iirr i &s tion of o l:+.'!.'is�"..' nt+ 9 s aid farm. doe .1rr.7.ewtion sy,thm uz.s 5r:- p=ene d and cilr""n a 7. ea in themoath •44:, 1935, .e.al.a r:,1 �� ' ,lq^v.lfrt%.„ hell '? y� ��� '4 �eS y � is 1I1C. �.-� {+� y b��gwef c i Gsl teJo r.� Jrw.r ✓ +. �� �.K 4.�.f.7' µ 4Y�i...� .i. ,I1.si.`.�. .+. r. for .»Tl i;1, T �.ca of 240 a3.e:"s .°.'l.L.L.d fArm b.:]..'3`nging to el 1. „aw v as aforesaid. id. i -tirl n n .a r Y ne r to t, ct m e 1r. r. r 7 ter t rT and ....3 t .. r:.,r_: �o��.?,r.. ����Z�. �. c,. ::��...; i.C% ,.1;.1;7,7 .r3�.t�'t; f•L•_ .,u��rl_x of .a.,..CJ. �a.rr" tiiou water heratoferll and nay bain4& talr n fJ*Z;r+s dit°rhea from the Cache la O 7. Claimant h n periS�: 4ed is is appropriation of vat -::r in the amount of 1.5 cube fe a of _ er cvtc:ona nf i=:r. by and from sad pumping eystrmt Mr %I ,_1..,x.1 O3{ LW Z.:, :J'lv�y Iv 01 :L .+..�it ••ii� s�.�.:� uti LJ�� �tii! ~.�Z�L .��� e'�j 1i. .'�.:�r ':`.rte r . w V d,.:'r:mpz, ~'L zaS. L iri Il .4 to ca tar41 f collect; V. -err -..t, .mmo End .31,.'.} by r,l;'•j 1 thL"%?.'n ttirl gEtmp; Dunn and ecuipmnt .^.f3uC'rio. .na , s s JOE .t Tr_AI 1'EO'F •T PUMP IM 'i� t1 run-off, Rvr, to 1. h. r •� • rr p ♦ . A .w a7' ♦.a".'� -�-�y `+'.1 n A.. a s. _ s �+� .�'. •.�y4 and Z�r-��•:`��'�3. [.iZ e.�ii� '�i i�.�'E.i! � !:v y �1 �'. `�+'X!. a=%:,1 fur. the iz.... r'tcti t':n i;f lass ..tir. a ) wc,11 o f l'.�..* '� ..Y• the 1r.wv I.. 7 1 . 5 :%i.�l..•. c •••yam '.'�` 7A R\ .�.L k! �,1. �.i..i"I ve tin* sl;.'0.." 3Lre,7 _ thy 31; ,',,, TEER2F03E, IT 16 ORDERE,D, ADJUDGED AnD DECREED that the party or ov4ixnnth,r:Ce.i.1' called thl JOE F, fit` Oi' :• Y'UZT-ING SYSMI ITT, 1; ].: c.teee,•a1 on the .farm. of claixiz';:,; which' un1 T m ni 409 inCludes .4J7..e SoL.`l.baast QuLrtar (SED and 84 acres in she 'Southwest Qmartor (SO) of Saction Thirty-two (32) r in Township Seven (7) North, Rzial�e Sixty- six (66) West of the Sixth Prinett?al W.. ridi€an, in Weld County) Colorer u and describs `d in the claim and findings ranting Cher: to f be and they are hereby tlermitted to canture, eolloctpup:), divert ana u.se thn. w 4c:rs deo - crib d. in said c3.a.'_m and f.414.j.nzu he.:;rein ;: t ugh a -ad by zo.c.:ans of the sEd.d sum ,, equilv13nt U ' :zn $.a G1 systam and locutod ana l'y. ,:x be in the for Lgos.nz f i ndln a herein. Sala. V -�•+r'r a c.a arc,: ti } ;` hC j e r+re , e .t � 7 .l,� r!„ i yr ti ;�c.rt,� err. •.�.- .:1. :� .x• �s.�, _ 11 3,� w. �.r.���Jt�..c. �.a � •���,., d�v��� s e�s� ",d veis i ty n Aviv e r as follows: Cubic r ce t Priority L, n -z, cne .7). �.►_ :; `.1 • _ 1aY 31, a k/35 ..••••• ._ _. J02. arc .. .. 1::iosi.bK.. *La nel L.sse_ .',� f6r irrigation of ..I, r+: aw.d;'arlAttxeo1.:. r.a'..: Tlamt';':..1 ..1,.1_`iv_. t t,:1. by ..�'.- ..fs. �3��.w-T•�.�alr-;, 4f1�;�f�ri�. STATE OF COLORADO SS CERTIFICATE COUNTY OF LARILIER .) I, Xennoth A. Johnson, Clerk of the District Court of Larimer County, the samo being a Court of Reoord, in. the State aforesaid, do hereby certify the above and foregoing to be atrue, perfect and complete copy of that certain portioli of a deoree relating specifically to structure identified as JOE Fe HAYTHORN PUMPING SYSTEM NO. and dated and entered September 10, 1953 in case numbered 11217 in said Court and entitled: "In the Matter of the Adjudication of Priorities of Rights to the Use of Water for Irrigation and Other Beneficial Purposes in Water District No. 3, Water Division No. 1, State of Colorado" and subject to the general and paramount conditions and provisions of said decree. IN WITNESS VIALREOF, I have hereunto set my hand and affixed tho seal of said Court, at Fort Collins this 14th day of A.D. 1.9 Ja r^f October Clark Deputy Clerk eRecorded in Weld County, CO Doc Id: 3741722 12/29/2010 03:52 P Page: 1 of 1 Total Fee: $53.00 Steve Moreno, Clerk and Recorder SPECIAL WARRANTY DEED ld THIS DEED, Made thispfil day of December, 2010 between GRE Holdings LLC, a Colorado limited liability company of the Said County of Weld and State of COLORADO, grantor(s), and Wesley J. Basiliere and Shaun A. Basillere whose legal address is 13813 Weld County Road 74, Eaton, CO 80615 of the Said County of Weld, State of Colorado, grantee(s): WITNESS, That the grantor(s), for and in consideration of the sum of Four Hundred Twenty Thousand Dollars and NO/100's (S420,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever not in tenancy in common but in joint tenancy, all the real property together with ihuinuvements, if any, situate, lying and being in the Said County of Weld, State of COLORADO, described as follows: Amended Subdivision Exemption No. 1030, recorded' February 8, 2007 at Reception No..3453984, being a part oldie East Half of the Southeast Quarter of Section 32, Township 7 North, Range 66 West of the 6"' P.M., County of Weld, State of Colorado. Doc Fee S 43.0a also known by street and number as 13813 Weld County Road 74 , Eaton, CO 80615 TOGETHER with all and singular the bereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs, and assigns forever. The grantor(s), for himself, his heirs and personal representatives or successors, does covenant and ' agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. STILLER: GRE Ho o limited lia.ili co., -n —byrTennif on, +at agcy STATE OW7DO }sa: COUNTY OF 1 V4-.7-. The foregoing instrument was aclmowledged before me this �0-434 day of December, 2010 by Jennifer Ostenson as Manager of GRE Holdings LLC, a Colorado limited liability company n (A tik;114414t1f f1T11 1Vd�tuyPublic DESot at, N ~ t)` � 1 O..,,•� (Ql?Aii° " Af1111110t� Witness my hand and official s al. My Commission expires: Q/3- SYWDJTI Special Warranty Deed Joint Tenants FilcNo. F0363218 0 . e rdads 9 1981 o � � - - 1 O .,. Producers 21 1954 . es w r• TIM ACReZelgiiT. ,trade and entered into Ibis ._ 9th day of..... J4,ne _-�-- Rot:. No. 18545.19_ Stole of Colorado, Weld County Pork 6r PozopdM OIL AND OAS LEASE T. WESLEY GAI.IAWAY Alp. MARIE GALLOWAY,. Husband Wife ma PATRICK PEIROLE M CORPORATION OF MICHIGAN ................ ....................�........ _ .................... . hereinafter called lessor ('whether one or more) 10 .80.,... by end between ...........-.......__....... hereinafter called lessee' Ten F, More paid, receipt of which is hereb ecknerwledtled. I. W ltn6CtHa net the lessor, for and in consideration of ! cash in hand and of covenants and imminent, hertinalter contained on the part of the lessee to be paid, kepi and performed. has anted, demleed. leased and let and -by 1 prrKan don ge grant, &mire. aand to inclusively unto said lessee, with the ',elusive right of mining. reviewing' by geophysical end other operating lot and producing therefrom cif and all gas of whatsoever nature or kind. and laying' pipe thee. telephone and telegraph lines. Fanning ins ens . budding tanks. paweat� stations. gasoline' plants, ponds, roadways. and structures thereon to produce save. market end take rare ne products the 'actuate outface and subserfeer rights and Privileges related in any manner to any and all such operation" and any and all other rights pyviles's orangery. incident ices or convenient for the economical oplretion alone or conjointly with neighbosint land for such purposes, all that certain tract err tracts of lard eftaaled in the County of ._.WEEP . .............,„.. _..........._ . state of COLORADO , described sr follows. towvlt: SEE Eli HIBIT "IA's ATTAGIED HERETO AND MADE PART HEREOF d section ...-3 ., roma.'p...__.aang.6b. West • 6thPaMllnc! raaetaening...243.t.Q_� �-- _- „Clef, mom or lees. 2. It b aveed that this lease shall moral's in Lonna for s ernes years from date and as long thereafter as oil or gas of whatsoever natant or kind, or o lden of than 4 from slid land or pprere pooled therewith or dritline operations iry continued as hereinafter provided. If prior to discovery of 011 or gas on sald� cm acreage pooled s= th, lessee should drill a dry tole or boles thereon, or if alter discovery of oll or gas rodyelion thereafter cease foe any cause. this lease shall not terminate if Woes commence" additional drilling or reworking operations within slaty (O) days thereafter. eir (If it be within the primary term)) cornor resumes the payment, en tender of rental on or before the rantal.payine dale neensuing alter the ex- piration of three (3) months from the dale d wasplike of a 'dry hole or cessation of production. If. et the enerstion of neat ensuing the printery Senn of this lease. oil or gat is not being produced on or from said land or said premise' but leasm is then mealiest in drilling or reworking operations thereon then Leis sha ll all condense in force ao long thereafter ■r drilling ot emoekinit operations are being continuously prosecuted out said toad or on a drilling or de- velopment or operaling•unit which includes all ma part of said land: and drilling or reworking operations shall be eomklered to he continuously prosecuted if not more than sissy days shall elapse between the rnnspletion or abandonment oi one +ell end the beginning of (negations for the drilling or networking of another well. If nil or gas shall be discovered and/or fereducrd from ■ny such well For wells drilled. bona drilled or reworked at or after the expiation of the promos, term of this 'case, this lease shall continue in farce s( lone thereafter as oil or scan is produced from the leased peemisea or bon► any such unit which includes all or ■ part of said lands. 9. In consideration of the permit's the said lessee envenants and astrees a (a) To deliver to the coedit of lessor, free of colt in the pipe fine to which lessee may connect his wells thr equal one -eighth part of all oil produced and saved from the leased premiers. or at the knee's option, rosy pay to the 'your err such one -eighth royalty. the market price for oil of like grade and gravity prevalline on the dsy such oil la run into the pipe line or Into &tossµr tanks. b) To pay lessor for gas of whatsoever nature or kind produced and sold, or used oil the Monies. or used in the manufacture of any products therelnont, one -eighth. at the market price at the well for the ear sold. used off the premises, or in tha manufacture of products therefrom, Where ass from a well producing Ives linty is not cold or used, lessee navy pay or tender as tchit;• One Duller per year per net royalty acre ',rained hereunder such payment or tender to be made on or before the annivenary date of thlr lease aril ensuing after the expiration of Of) days hum the date such well is shat in and thereafter on or before the anniversary dale of this irate during the period such well it shut iu In the royalty owners nr to the royalty owners' credit in the rental depository hank herein designated. If such payment nr tender is made, it will he rnntidered that gas is being pmeloc d within the meaning of this lease. 4. if operations for the drilling of a well for oil or gas are not commenced nr if there is no 011 ur etas teeing protested on geld land car on &crealty Wooled therewith ass hereinafter penvided on or before une year from the date hereof, thee !rase shall terminate as to hoth panics, unless the lessee set or before that date shall pay or tender to the lessor or to the tonne's credit in the EATON Bank at Eaton„ Colorado _. ----....... or ire secretion, which shall continue es the depository for rental regardless of changes in the ownership of said land, the sum ei* IThi0..Thiidred Forty. Three 4 .60/100thso."... l OLLAIIS (IE 243.60 1 which shall n persle as a recital and cover the privilege of deferring the commencement of operatic -me for Milian of a well ._ .__......_.- ........ .. for twelve months from said dale. In like manner and mum like payments or lenders thr commencement of operation% for drilling of a well may he further deferred for like peeks& of the same number of months seems ntely. All payments or tenders may be made by check or draft of lesser or any aligner thereof, ,nailed or delivered on or before the rental paying elate. II is understood and mimed that the consideration first excited herein, the down payment. covers not only the privilege granted to the ,late when saki first rented is pavolde as afnresaiel. but also the lessee's nixed 01 eximilinit nod period ea aforesaid, and any and all other rights conferted. Should the depostinry hank hereafter cline without a trrevessor. lessee or its rotten% may depend rental nr royalties in any National hank ioruted in the same county with the first owned hank, due metice of euch deposit to be mailed to lesser at last known address. S. Lessee. at Its option. is hereby given the right and power al any time an from time to lime as a recurring right. either before or after production as to all or any part of the land described herein and es to any one or moor of the forations hereunder, to l or unitise the leasehold estate and the mineral elute covered by this lease with other land. lease or leases In the immediate vicinity for the production of oil and gas. or separately for tho production of ellher. when 1 lessees Judgment it Is necessary or advisable to do so. and Irrespeetive of whether ■uthorlty similar to this exists with to surfs ottner land, !Ease or leases. Likewise. units previously formed to Include fotmallons not producing oil or gas. may be reformed to exclu such non -producing formations. The forming or reforming of any unit shall be accomplished by lessee filing executing and filof retard se declaration of such Unitization or reformation. which declaration shall describe the unit. Any unit may include land upon which a wen has thereto. fore been completed or upon whirls operations for drilling have theretofore been commenced- Production, drilling or reworking operations or a well shininfor want of a Market anywhere on a unit which includes all or a part of this lease shall be treated as a it were pproduction. dHlling or operations or a well shut in for want of s market under this levee In lieu of the royalties elsewhere herein specified. including shut-in re allocation s reveille". lessor shall receive on production from the unit w pooled royalties only on the portion of such production allocated to this leave; such shall be that proportion of the unit production that the total number of surface acres covered by this tease and included in the unit bears to the total number of surface sorsa in such unit. In addition to the foregoingR•� lessee shall have the right in unitize, pool, or combine all or any part of the alcove described lands ma to one or more of the formations thereunder with other lands in the same general Brea by entering Inlets co- ooppeesslimp or tarot tan of development or operation approved by any governmental authority and. from time to time. with like approval. to modify. change or terminate ens, such plan or agreement and. In such !bent. the terms. conditions, and provisions o1 this lease shall be deemed modified to conform to the terms, eosdbttons • and provisions of such approved cooperative or unit plan of development or operation and, particularly, all idrlltlm and development requirements of this ease. express or implied. 'hall be sallified by compliance with the drilling ■nd development requirements of such plan or agreement. and Shin lease shall not temelnate or expire during the life of such plan or agreement. In the event that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan. then the production allocated to any particular tract of land shall. for 1 use purpose of eoemputlrt the royalties to be paid hereunder to lessor. be regarded as having been produced from the particular tract of land to allocated snq not to any other tract of hand; and the royally payment' to be made hereunder to legato &hall be based upon productbn °nee as w aliocated. Lessor shalt formally express lessor's consent to any cooperative or unit plan of development or operation adopted by tepee and approved by any governmental agency by executing the same upon request of lessee. O. Lunra say at any tune. release this lease or to env stratum or strata and es to part or all of the lands shove described after which all payments sod the liabfJitirr. reafter to amnia as to the lands event released, shall cease and determine. In the ent of a partial release the annual delay rental alcove nacntfoned shall be seduced proponlocudely. Z. Lease shall have the Mad to nee; free of cost, gas, oil and rester produced an said land for its. operation fireman, incept water from ditches.. ponds. eneevoies, or wells of Imam. Wawa mounted by the lessor. Imam awl hury its pipe lines on cultivated pe►rtions below plow depth. No well shall be drilled mono slum 200 feet to the house ar barn now on said premises. without the written content of the boor. Lessee a5all pin for damages roused by his operation to "pawing trope tan said lands. Lassa' Beall have the right at any time to remove all machinery end natures pieced on said premises, including the right to drew and remove '.molt: e. lithe estate of either party hereto is assigned, and the privilege of asstgcrb+■ in whole or in part is exprenly allowed. although it is aimed that no change or derision in ownership el the land. Rentals or royalties, however accomplished, shall operate to enlarge the nblixations or diminish the rights of the lessee. the covenants hereof shall extend to their heirs. eaecutorsadministrators, successors or anions but no change in the ownership of the land or assignment of rentals or allies shall be Isindln on the lessee until suer, the tester km burn furnished with certified mimes of muniments of title demisting title from lessor; and it 1s becen reed ir1 tbO event � lees' shall be seslgned as to a port air pars of the above-elesersh l lands and the assignee a assignees of sank pest or pants shra7 fail or woke delaslt in the payment of Ihts proportionate part elf the rents dor from hirer to t esm, ,reek default shall not operate to defeat as affect this lease ineafar us it cowry a pert a parts of said Linde as in which the Laid blare or any masteries) thereof shall make due ps of said mental. 1n Use event of death of any pesem math(' to rental. hereunder lessee may pay cat treader such rentals to Owcredit of the doomed or estate of the decrased until such time as lessee is furnished with proper evkkoce of the appoenlmnent and qualification of an esecutat .tl adrnlnisnator of estate. or U them be mono. three until lessee b fenddeed wide evidence satisfactory, to it as to the heirs or devisees ef the deceased. Q. Lessor hereby eminent* aed frees to defend the title to the hada herein deecribeed, and mitres that the levee shall hare the right ■1 nay time io pay fee lessor. aro morgmer. Wen or slits, lisps on the share -described fade in the event of default of payment brr lessor and he suhmgand to the nights of the holder thereof. and imam ilioneby aspen that wet playrooms madeby the lessee for the lessor may be Iron" any arnounte oil mon ey which nay became des the Moor udder the knot of tllaas�ease. 10, if said lessor awns a lets interim in the ahogeodeetelbed lamed them the entire' and undisided fee simple estate therein. there the nwalties and rentals iserrin provided shall he paid she imam only in which Isis interest hears to the whole and use hoded fee. Ally interest to the tuaiucuon from the lands herds described to whicelime cant crest ed helot any he raided shell be deducted burn the 'malty herein reserved. • )+ . ►-.: i/a! Y oo=sittorrada 107 100100.11110 10110106101 bo01.1M Intotaarraut.1—iltelpyffloatibark lead not *gift le Wass, elrf sois or own et do partial • the om ffaWaaa Imamradon laws �. � s,, Itaaatoe wow swir..wq m0000 _east their Woo, aaalosears,' omit mem d forms= "ohoY ow so wsdiod. lir r1�1wo d WA E�l olsamo d aa d t e Apr6111 a6orr 111411aaU ' . dIN y,. Social Security No. 53 L.. - .4 _ .._. _. , !Ns act and lord. r•r•..r ••- rr. . tn. STATE OF....__...._ .............___ _ __................. r. os. COUNTY OF_ ........................_._......................._ .._.... . day or , 19 Waco II50. personally- appeared instrument. *red acknowledged t0 me that........._...................asecutl"d 16! falls! as ......»........«............ ....................w.... Inv set and deed. 'MY commission !xpiref i - STATE OF._.. . _ .... ........._...._� ... :.__..«_. fs. c4UPtTYor......................_.._ ..»....�._ ...._.._..........._ . . ........... bloeeey Pw�biia . _...._.__. ...__le Ore year ......»... _..__......--.__...._.. before aar. a biatszy Pidstls. EXHIBIT 'W!, RAGED AND. MAtiE PART. Of OIL `AND � r CAS .,LEASE =1�T�� JUG : 9, �� 195, 6�BY�� ' , F AND Ham: T 4 TISSLEY GALLOWAY :MARIE CALLOWAY,Lessors AND PATRICK PEMOLEU41::.. 'r }. - CORPoRATION - Lassie, SAID LEASE COVERING 'h1E FOLLOWINGS ESCRIBED LANDS IN i�•' nhr crews �ter. �.►w r 1IRVNSHIP. 7. I440Rill RANGE 66 WEST; 6th P.M. _ . '' '►` Section 3Z:.:1he ou hest arter IRA) ; excepting _reservations contained in - ',recorded in Book��:241 at e` i it • `° - � k :: Fag . ��, , .weld :County Records , �A�90. All that „part of, the South61 g �est Quarter (SW/4) of said. Section- 320:=described -as follows, Beginning 270 ft, : North '.of ' tie South rte earner of said section; � said point being lo�ited : on tli _North .. 9i of _ Road right :of :lay, thence along the North side, of. said: County.- Road right, of `way on the . foloting, course:. Northi.72°9!.. 72Q9' . West' . 2;019. ft. :to the East:bad bank of Moods:Lake inlet,. thence., a =s . � - . long aid bunk�_'of : the �Waods . Rreservoir `in]e t !on the. following : courses; North X 11° 35 ! .1 East S 132 ' ft; , . cthene North, -28° 0' , Eaigt. 451 ft.., thence.lbrth 11!35''` Oast 361,ft. ,::,thence . Y - :=North Q°15! ' Fast; jZ�p ;ft� t'n�eF North 16°48' -west- 610 ft, to the South. side: of: the GreatliesteOPRa boas- gt►t 'of . y, ;thence North 88° Sr. Past along _ said side'. of the treat liestepr. Railroad:. right' of way 1804 . -ft. to' the . North' and ' South -Half Sectiar line, - thence in a Southerly -direction along said half sktion°line '' 2330 ': £t. more or 'Jess to the point AR111e257 WESTEP17 SEA 3'7 C.:OMPAITI 2202 Piccadilly Road Aurora, Colorado 90011 March 9. :587 Mrs. Aary Ann Ee:ersteir Weld County clerk and Pecorder g2s lots St. f-reeley, Colorado Dear Mrs, :elegy in: In r-ompliance calls Senate 5111 'Nimber 372 as enacts by ,,e neral Assemhly, in ]?at, we wish to advise yso of 9 _ 2en which se:,es as a notification for Western ,:lope s ":ompany iacili-:os located in Weld sou=k as po= the attached : y,. 2a L.onation center is located at the 2;Elic Service Yompany yard. 1@201 West 10th : e:;e, (;olden, Colorado aS491. ,fe dis 9: lelepl one number is S;1 -s@1!, 7 Tiestions regarding ' stera Slope ; s Company may : answered by or dispatcher. Sincerely %I/ ki.or-i a�— 244 Doug!!. H. car=:a %;� lic�en; :• Mesa Division stern slew sac Co. -_,d_2 P � P' / F. & ,S;-- 1 ; liri R68W r 'B.ICNEYE GB T' WELLII44 vry T MENT FiART %Oat SET FR'S a ASicorip FEEDERS A RIEL FALLS Twists ' 7t1'CO _NRC LIht ' Y04'TEgI sem% . '. R67W I R 66 -NUFFN I2 c EYRON OIL dal5 }r maw - AOLT GA PURCHASE POW 2 W 4 4 R65 W R64W AULT Td AALiFiv TARN T.B. R 63 R62 RSIW T 12 N r '0 N T 9 N T 8 N T 7 N R 60 'T mr 11>IrppenS Nruet.WTM se r G :Fc. -w, -.- It rM- :w IwE Fr:,.[µ.CrION tsrp, arga.0lio push. ti. R 59w TOLD); ROAD _ f - I NOSOR.-SEVERANCE • } L_ i ?. . _ FLOW MET • -r Y rr;cRafr .r' GREELEY' 1 OREEI#Y Clji._ ' lovELAM 'MD LANE ., . SO. atiltY: . _ r+• ^l KERSEY T.R. I:64H°• 10cmi FLv a D4TIPICH TEL DENTID MIALS4 ,.../„,, ... • Tlollol , CHITS LOplp,wr SUOIIR ” 14ST IONGIENT r g ce N. R GP „ERIE- TRI TOWN - ��r °t CRTIONUI t _4 - LLEY ERIE AIA FON F. GP, e . a • J d PONn T.B. r SUGAR I� . P•31900 PLATTEV TB. JJAAtANNNNIND WtfTEFIBINiG AJRGUL4E PT. GATHERPIG SYSTEM _ COMP, STATION - I" WTrara BF s i, 4 , � FT. LUPTON CI.Or _. .. - ' PURCHME POW . -yi e r. __ rd LLPfON EtECifOC-t 'it LUPTOI} I.B. T.4 WFSTLASe1�E DIVISION SdINDNR' I ItEY5TC1� -SET •NEENESKIRG • SQ IONE I .T • 4" rt' a sfAcidl6 LNW6 GU -- . - 1 OeeuiiillY At tree woe is We Id eevllr, Ar WESTERN SLOPE OAS COMPANY eN Armlet /eMrereewt fatI1NW Motes. Filet plummet to Mclew FLS-IOS. Cali ente Revise! Sieletet HT. to elHwaae. TINS KNERAL DESCRIPTION Mineola, the etRealretla leeallee el Wiwi,. Slope Des Cerateee eelae4rawee IeNNtiee M ei .1"Ae reel• 4 /fit, Define esCevNies weer lMee .wttrsrees4 lwiliNrr, ""t*" wiLrArA, le eer lel La. 320: l'iceAe J<L iJimo .40g 'AA rw PIRA, 361,-¢714 etR}'s/-7JN ROGGCN I W" U2t LKI iWLLET I SOUTH ROGGEN ROUNDUP STORAGE B COMPRESSOR STATION ROUNDUP •CIG PURCHASE POINT WELD CO_ _ MOk6Ak - -- Lam"" 4UAM8 ADAMS CO T 6 N T 5 N T 4 N T 3 N T 2 N T I N 7 Associated Natural Gas, Inc. B 1045 REC 019?3524 524 10/01/84 /01/84 I S: 52 S23.00 1/003 F 0339 MARY ANN 7FUEPS EI?v CLERY & RECORDER WELD CO, CO September 24, 1984 Weld County Clerk & Recorder 915 10th Street Greeley, CO 80631 Gentlemen: in accordance with Colorado Senate Bil No. 172 (Par. 9-1.5- 103 ( 1 ) ), please find attached a man showing gas pipeline .facilities existing or under construction by Associated Natural GAs, Inc. in Boulder County. This .ap supercedes the mays furnished ?-10-84_ For exact location o3 the facilities, please contact Mr. E.F. Catron Vice President Operations, at (303) 572-8402 in Eaton, Colorado, or contact our Denw er Office at (303) 295-9645. di* Attachment CC: J.C. deGraffenried E.F. Catron Sincerely, 7J. Richaa d aoael' •ccc�•z IMAGRANIAaa AT THE TIME OF RE' CGRDAT}C64, T!' S gii- FOR 7+?s BE*:' :tOTOCO.APtit[ 3tE?k`wtpCTfG�i $mid Yi.LEG4Sj:..irr. CAlitI7N RFi maim 4 OPI, iAtt tiltE ? 144001 ETC_ 4.04.6c.-7 7Lo• _ �rri� �G �rGi/7 sow 600 • Nor 3 emety� smart • Oar 5493 . Dernior, Colorado 80217 •3031292-3331 PFCs F.r.412.,., ,, D9 104 r• . MAP_ r..... . _ 0,Imr T L. i { JAN f7 ;J.^A, . at+bf C I Aafafm^.71 -r Mika Fe RgZs! Ii �tll^r.Ls+5 aii'la rkIR:.$ 1 -2t, ..t Y s lzr�filLac.g: . tA641. 4la-miLoa ; Ag:;IA .,7;E 17 t kfrL E: � ,d U Nia 44 7 °a s ; a r Uvt t..cw kf tY3r -o r ie e i/ .arrwrt ,:•2S fs[]�y rases v. sa , ; fix ,S r l•' -4'£L • iCb ii ,ialf,AY `SW Ij 41i X61eANI, a=a A.A.! A s TI 0"fa „kw, X4C fti 7d. 1-.17 /..i.fi 'LA(:trU. i -.A�-{tia j`l�N itR)G� b ;f 1V 29 -Lr(AtF.F.i, i? A P"'-�3ielF E! Q i iIAL( k, z. t T I i wt:1Khti i_ ":N � YtifltNY 3:: P3jii ,, .ti;fk Z i i rLi.,', Al. Br nor. t nor 3 �• ti�GE AO -(dent; of i� X�• 2G I 3d •2 �h s' f N •,• ] .lam Le' 1-4 :✓� ;L 5 7RA • AAUP > "l 7 7 �s.'7FF.iH - r3.LI : Fit€ -.: Fksf i k" A Tq.. a'ra r 5 _SA!_�. f a,'.&. ,e�, _ 1 Altar 0, I _g [d L! i5 _ .. `_ 1 E-024i[� m��•r .�TKklt?L"IP I4': lakrGN94 R7i.'�€ tE_Feri'' t — _.l i2 - s� ' ° 1_L it•F Ilkiio..,70:., ��Lsrbf-WpO-11 ,r:1Ei-ti '23Sly' mil`• T L AOUs'��+� .i 1. ...e�v.�v ! t E 2 —7- �ANIti[A ilE if { . CAVE5 "+ : {�E � l 5 � i 1 -, 3 e ieks � i �$1_! t - 372 ffitE i ;' _ - R. -... ;{ifYW TNRBST i_ ,y tx i Iik. { itt rFP fl, .fl Akt.ZAiO i�iire j} g ': 5 at iiTfA 17 tr a8 ;at FIMir i e,le >PFii"T * 8 x Eff tiAL'X i iK.iA0 elfLy. > 1 ELi i ;3 �-iP `S1 fII LT}Peol i rt L Ci • Fez .i iuhE �- r x1_':0+1-t� 7k A•u01U14A it0@.FAK tLY;c?? Z Mid*? `E/rTieY i L 4,94�4i.1PJ .. 3" IVelr.! a" E stet i R fi r3 PUS EA ill: It E aua•r•'i al N' 346J.u?3r4! xIIcliktroattr MY;IY- T Lt cs £aPFAL 6�itV (ZS} 27 4 leC f • i.-1-s Cre� rrsc� .48.00r0 24. 3 F Nt ,V it s mss IT 1 •1 _ k ue_ '.1t1 • &At .40 a t J i €3SO • � t6' 37 9 rw QSSCIIt6tP441.E sy 'osre 3, cc i ars 4 it a t nt'e .� % =', O,i."' 16. yy 700 1 2 >71_5(iria l� diaill.i44 R.. xk w TER i} 1 -111 4441 4 7.,;—� a, �' .by'_4,er7� x "t FrO �iec r.rsr;ma;'rr zIt' ^x.:,.1,0 micLe5 4 g1 at Wel,,' a ir;�s * for k'. 4 4". f iA�if : C ticirtrwr�; f`. -747-17.7;77-471-7-371),„A :o?A", .fytfsr>, 4 AY 114. .41; Qiktaar 1 u.�it@ w A r S4tc£f .4 SO) 'f A fit ^�i FteL ela-Abergi *A; rtCj.-'f fif R.i16Cx: � S 7 4.4411. l J4, .3r!+ f Y.a1R1ffi 2 co ,- +y • `g -1:13 3f�n F ; r \ \ y« / f $:- �». } .. , \< >�< r -�� }el y . SOr �<y /\. k2� �� m .�5 SC y. . - ��� ) .. :�p� a� \� � lit-sYMIs 4 Er . N , . nti *dam k , 174" ° t •- 1 • B ay5 R W q? F D341 MARY ANN F R? � ? a 2 1045 R 0:982584 1010:Ze4 1::12 c2-2: CAD ( >y m© \ \ F 0241 MARY ANN F ERSTEIx Cez9E`^REC 235 wTto Jo\`\c / 22\ \ \ ; \§1\�' �y2 / : ti 4 _ f Iv-2 .D. C.-.• &A:VI L/0 °DETAttS .5,= Ix J. D : -?..E ;: -P101 ---, PE - Ear` r �` t T4 . ns e / V7 43 3 ;1 ' r„,„„..„ LEGEND °d i 3. � -r..ti`s .. a• AR2b75417 i B 3229 REC 02175317 04/10/89 08:52 $23.00 1/003 F 0402 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 455OO7ED NaU141.6451 ANC. March 28, 1989 Weld County Cleric & Recorder 915 10th Street Greeley, Colorado 80631 Gentlemen: In accordance with Colorado Senate Bill No. 172 (Par. 9-1.5-103(1)), please find attached a map showing gas pipeline facilities existing or under construction by Associated Natural Gas, Inc. in Weld County. This map supersedes the map furnished January 27, 1987, For exact location of the facilities, please contact Mr. Roland Reinick Division Manager, Greeley Colorado at (303)454-3366. Sincerely, E.F. Catron V.P. of Operations EFC:rs Enclosures cc:File 4404 SEVENTEENTH MEET • SUITE 600 • DENVER, COLORADO 80202 • (303) 242.333: MA1UNG ADDRESS: P.U. BOX 5493 • DENVER, COLORADO 80217 Z O1 y DJ 0 0 M 41 N O N CAD W 0 0 C, ▪ 0 PoNs Zi--, Z V NI t0 to t-+ C .1 Cif W rn a H +Ik► t+3 '''. 1--iiM 2 Co C, ca r to tzl �t o 00 Sr .• trt PI W 0 O 0 6li) 0 N O W • t23O r o rr o iv a nc Ow r 'OH 3r oisA1oii3A tTh �-C) m a N O tV V V co co b s _ F, ern • A O°d A� d LARIMER CO 'WELD CO V a N r es W N v5 w G Af 0 "CH Sa300a xr 03 D- -- 08 NOMIMI3A W W W N r W D x a W 457 r N (R Er; w N 0 z N .. W m N 0 V N r� N W COLORADO AND rS6U HERN RALRO AO N u r 1 N cm N N w O N u BOULDER CO WELD CO r N N O W u N N u P a N w �i 1 • I • W I i I I t . I ' • , I 1 I .'4"- -- •-- 4.,z --4-F---- Z CO .3 x as ►4 i -- I , _ -: I w i I _ I 7R a I jII \5 • I1 i I iI I ' I _ -- it _. .. �I' " i ,i I 1 I 1 I I I I !Lr I I I I I I 1 i1_. t ____4_ , lj I I I '.:: ...,..._ .:...... .....+ . ._..L.-- -•- r- --r-- ;—• ----, - ...•t. w__ ..t—_� _ iI I -.I` I I E I ' `-'l- i - I I I ! -- ' a I 1 i _ . _� . L �. I I i I i l I 1 I 1 i � I 1 r f t • a I 41. I — I —+- f I 1 i 1 i .4.. .. _.� _._.. _ . _.:,__ - ____I__....4 _.-__ i . 1 • ___ _J._ .. _. .....—� I r I I .0 r fn I I I RI .... _ -1- I h I � 4 1 i, I i I i dI ; I F ..L I I I I _4 I _ I i -t..__...t � _.1---- • 0 I; le I _t- t•---- I 4—.._ I I \ 1 - .4 _ _ + __ ____1....... +___1_ __ I I .._.....�-_...�. _._�-� I I 4 i I _.... _.�. . ... .. I ._I w— .—�._—..rt.— l I I I -.— --- -..1_ I 1 I w 1 I % 1 I I g 1 O 1 ` _ I 1 7 i I i _ _j__ 1 I I 6 I 1 ...: I I I 1 'fit. 6 I_ir 4 _1---- ,r i 1 I , 11 --• --�--- - • -1 •-- .--I i -- I I I iI 4 i I -1---H-----t- , I u I I I I I I i a 1' 1 A I ! � I 41, 440m._�_ -� 1 m o' a I 1 • X 4 i • „ i • F• • ,1 1 I I • I 1� 1. I I 1 I f t I •••. I r L I Z -a i �. • �. I �• A I i I +•--- i I � ; f { i l t r1 I . I - .� f -m .1- _•_ t I/ -•- Z Ci+ a - r• - • -_ • I �_.. 4-• I i I l V _.. 1. — ' - —r i a I r 1 Z CD y I 4 4L 41 u • . • • W I I �II .Y ._• I 1 1 c • - u I r co 4s e a 03 cn 4' �• • 03 4Ib� 4i Z z 11) a x Co3 a •.______L ... �"��.;• I I -t-____ �_._ +.��.__7-_. I_ _�M._ ; -_. t_ _ I ter. 1;T I I I I !_ t` L =f v _TIP I • r- 1 { c I ` a { 11 4 I I� I - - - '----��-- t--- --� -- I 'I I I I I ' I i ...m.r.— .•••••Ilm....... a vow im ....* .m, 7_.•.....,........_•.....i___ : .....7___ ...7. _._._,..__ ; I I I I . __I_..._. 4. _ 1_____:___. -+-__ 1 I - j 1 1.. __-_t.._. -1 - - I I a, C...11 I I I I I ..... I I i I 1 1I I I I I I. I 1 I I, i I I i , i I I i.• I —t- +--- .f._. . I 1 i I , I at I — •— •— --t--.4.---1---- �_ _ _-f-__7_._- t___1__-_�._� I I I I E 1 _ ...1� —I I to I I I a I I I I I 1 ... • _ --.-1---• ; - I I I I I I I B 1117 REC 02058722 06/26/86 12:32 $24.00 1/008 F 1777 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2058722 NOTICE OF GENERAL DESCRIPTION OF AREA SERVED BY PANHANDLE EASTERN PIPE LINE COMPANY CONCERNING UNDERGROUND FACILITIES PURSUANT TO C.R.S SEC. 9-1.5-103 (1) (1981) Pursuant to C.R.S SEC. 9-1.5-103 (1) (1981), Panhandle Eastern Pipe Line Company hereby gives notice of the following information: I. Panhandle Eastern Pipe Line Company owns and maintains underground facilities within the County of Weld , State of Colorado, for the purposes of transmission and gathering of natural gas. 2. The general description of the area served by Panhandle Eastern Pipe Line Company within the County of Weld , and State of Colorado is as follows, to wit: (See attached or accompanying system map and list of sections, townships, and ranges.) 3. Notice is given that Panhandle Eastern Pipe Line Company may place additional underground facilities in the future anywhere within its general service area described in paragraph 2 above. 4. Anyone concerned with the location of the underground facilities of Panhandle Eastern Pipe Line Company within the County of Weld , State of Colorado, may obtain necessary information regarding the same from the following person or persons: Name: A. A. Smith Job Title: Area Superintendent Address: 635 N. 7th, P.O. Box 127 Brighton, CO. 80601 Telephone: (303) 659-5922 Notice is further given that in the event said individual is no longer so employed or retained, contact should be made with that individual who occupies that ,fob title with Panhandle Eastern Pipe Line Company. SIGNED AND SEALED this 0,j'44I day of crL4ft �, 1986. PANHANDLE EASTERN PIPE LINE COMPANY ve B 1117 REC 02058722 06/26/86 12:32 $24.00 2/008 F 1778 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO) ) ss. COUNTY OF ADAMS ) The foregoing instrument was acknowled ed efore me this Z .,day of ¢ , 1986, by Shainc)n . -)Sa kgrir • Panhandle Eastern Pipe Line Company. :10 -1 Notary Pubic Address: 35 iNt.1-0‘.. Ave. �. 091000,R 1019R/pg20/gw 86 00 3/008 B 1117 HARYQANNg722 FEUERSTEIN,CLERKZ&3 . RECORDERWELD CO, CO F 1779 WELD COUNTY Panhandle Eastern Pipe Line Company has buried natural gas pipelines in the following locations: TOWNSHIP RANGE SECTIONS 1N 64W 3,5,6 1N 65W 1,2,3,4,5,6,7,8,9,10,11,16,17,18,19 20,21,28,29,31,32,33 1N 66W 1,2,3,4,5,6,7,8,5,10,12,13,14,15,16 17,18,19,20,21,2!,26,27,28,29,30,32 .33,34,35,36 1N 67W 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15 17,19,20,21,22,23,24,25,26,27,28,29 30,31,32,33,34,36,36 1N 68W 1,2,3,6,7,8,10,11,12,13,14,15,16,17 19,20,22,24,25,29,30 2N 63W 5,6,7,8,9,18,19 2N 64W 1,5,6,7,8,10,11,12,13,14,15,16,18, 19,20,22,27,28,30,32,33,34,35,36 2N 65W 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15 16,17,18,19,20,21,22,23,24,26,27,28 29,30,31,32,33,34,35 2N 66W 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15 16,17,18,20,21,22,23,24,25,26,27, 28,29,30,31,32,33,34,35 2N 67W 1,2,3,4,5,6,8,9,10,11,12,13,14,15, 16,17,19,20,21,22,23,24,25,26,27,28 29,30,31,32,33,3+x,35,36 2N 68W 1,2,3,4,5,6,7,8,'x,10,11,12,13,14,15 17,18,19,21,22,2:3,24,25,26,27,28,29 30,31,32,33,34,35,36 3N 63W 19, 21, 28, 29, 30, 3l , 32 3N 64W 2,3,7,8,9,10,16,17,18,19,25,30,31 3N 65W 2,3,4,5,6,8,9,10,11,12,13,14,17,18, 19,20,22,23,24,26,27,28,30,31,32,33 34,35,36 _ � _ e Or_ B 1117 REC 02058722 06/26/86 12:32 $24.00 4/008 F 1780 MARY ANN FEUERST]EIN CLERIC & RECORDER WELD CO, CO WELD COUNTY (coat) TOWNSHIP 3N 3N 3N 4N 4N 4N 4N 4N 4N 5R 5N 5N 5N 1019R/pg22/gw RANGE SECTIONS 66W 1,2,3,4,5,6,7,8,9,10,11,12,13, 14,15,16,17,18,19,20,21,22,23,24, 25,26,27,28,29,30,31,32,33,34,35 67W 1,2,3,4,7,8,9,10:,11,12,13,14,15,16, 17,18,19,20,21,22,23,24,25,26,27,28 29,30,31,32,33,34,35,36 68W 7,8,14,17,20,21,22,23,24,25,26,27, 28,29,31,32,33,34,35,36 63W 3,4,5,7,8 64W 10,11,12,13,14,15,16,21,24,25,26,35 36 65W 1,2,4,5,6,7,8,9,10,11,12,13,14,15, 16,17,18,19,20,22,23,24,26,27,28,29 30,31,32,33,34 66W 1,2,3,4,6,7,8,10,11,12,13,14,15,16, 19,20,21,22,23,24,25,26,29,30,31,32 ,33,34,35,36 67W 2,3,4,5,6,9,10,11,12,14,16,17,19,20 21,22,27,28,32,33,34,35,36 68W 1,2,3,4,5,6,10,11,12,13,14,15,23,24 63W 20,21,28,29,32,33 65W 26,27,33,34,35 66W 18,19,20,21,22,27,28,29,30,31,32,33 67W 5,6,8,11,14,15,16,17,19,21,23,24,25 26,27,28,30,31,32,33,34,35,36 K Q N O CO Ki a Crl N � N . to c "3 a► 1-I N Z 0 co �� tnj N RI •• tJ V N ' 4 .'[l VI 173 N VC, DP • o n Ou 0 O G O co i oktLEY s —tip:: rte•: R 5w r,_ — ....... II.I,.hJ •=r;' i f• . , .4,rrrrrr"""�l��!����� iJ it i ., • o ++1. s ■ � ._•. .r eo t4). . KEA C a ,. i, s ��' : • �' ' f, ..�� a..' rod. .l9. . 333 iro atsr L V[/.Ci! 0vLLL 1101 r 3331 1L Y K R Ca Q 1 q PI m F-+ F-+ �•I F� CO 1-a fV �1 %I n K 0 � N Z O Z {T1 co � v • N C rs 7�f (1] 0 �Hiyy c', {aJ \ H N Z n co oN 'x N N R'7 .. W 7CI N •n -' o ..� �-eft E_! N z� tai Q d n o C1 O n aW �.. ridi. $5. . it �r °e _ My . _ w�': _ e d _ EYAMSION 1;: Wr- 4 Oi }J CO to a 64" CrJ N w AO O N f. d 1-4 n O -4 a no Oc I 4 �p u stl+ Last !1 a<� wEtti t4 • i kN) tO w w v w CO w .a .1 xn 0 Z 0 z4-71 CO til • a N.1 .hJ En 0 H t» lei •••••. HN.) za n c▪ o ✓ o, 7C w Q , .e w t n' !iJ N hz, bob �i o. t -I v n pm 0 n o O co WELD aP '4 NOTiCE PURSUANT TO UNDERGROUND FACLI r I 4'681V 1,87W E c0 � 2 i I—_. 46 ` i 3] J 6' 3: i I I I I �� I 4 ` I $6 31 36 3. 1I 31 ..::1. i I q6,.....L.1 F 9 CYq`%pava.�r��➢P'Tw-Rn� i ] = I I g l � ii � i i I , I I I I9F. ,ir I —_—. I 3 e� a. ! c { 1 I a g i! 31 36 31.. I 1 36 aa6 37 1 t I 31 11 •6 1 JI 5 f 1 6 , 2 6 m .. •r. ,... ��.,,.. r.,.., i M 6 l I1 v i' `:: z e . I I I ice: I I I I r 31 36 31 36 ] i I 31 i 30 31 I `..... 1 w.va 6 l�ovaonvs maw 6 1 6 1 s I 1 6 x! } I" I I i r I i II I I* iI 4 31 ! 36- --"-_ - - 30 3I I 36 31 COMPIT ROT 6T r vi=i� rjirN!l1�w NOTiCE PURSUANT TO C.R.S. SEC. 9-1.S-103 UNutr uKuUlvU FAuiLITIES OF UNION R.E.A. INC. N0TTCE PORSUAYT DT C.R.S_ COhaR 1112 58CERSRD. T 1 Pursuant to C.P.S. Sec- 9-1.5-1C Inc. hereby gives notice `o the 1. Union Rural Electric AS facilitieS within the Cou,ty of of trarSmission and disc-:buticr 2. The general desoriptior Association witnin tLe Count/ o' on :ills 2nhIbil as follows, to 1, Ail Sections of Tosvrshic 1 Ail Sections of To4mshlas ;15 Sections of Tovoshpps Oil Sections of Townsnips P.' I ce__`_rs cf Tosalshios I LEI I � ! I I I 1 _._..�� J 36 31 r 21 f I IIaSw imuo ccaxz t FUfl fi RIPO W — �- DIUCTIFICRIEn AREA :'xf�^ "-emu 2=21 Z22212122C2 os I.Bes SERVED wrt� BOA RIS31t, maw Y 3, Notice is given that Nn unde-3roend facilities or may pl eithlo its genarai car•++ce area 4. Anyone concerned witF t Union Rural Electric Assoicazior State of Colorado, may obtain of foil ... ;g person or Persons: 'lame: Dorthv Ruecles 307 Title: EnginEariog Address: 18857 Telaphone No., 73031 F= Rottce is further given that iv employed o- retained, contact 5h 'Jn'.oi Rural Electric Associatio- 5:G'iED AND SEALED thl� LIn:; ATrTCArfe kl-Dd9 ee>.rvl'Y'l.:., fre -iy- -y ___ __ 1981, by Richard L. Arnsld, Gene WITNESS my hand and Official sea my tommisowsn expires: _ My Address is: ! 44.patr ✓ U� ION RE A. INC. CEZETITICKTM3 smIDs y =QED= p&CfLITION OF AREA SEMI) waa 17O1717177 J Reg W A631V dCPc _ NOTICE PURSUANT OT L.R.S. SEC. 9-I.E-103 (_) CONCERNING UNCERSFOUND FAIL:TIES +Ur UN iO Pi;_A_ AESTE_A i- , c. Pursuant to C.R.S. Sec. 9-1.3-107 (1) {19D1). Union ¢:oral Electric Fssoeiat',on, Inc- hereby gives notice to the following ,nicrmatiol. 1. Union Rural Electric Association, Inc, OWTS end maintains underground facilities within the County of 'old , State of Colorado, `or the F -r=oses of transmission and drstrlbut,on or elertel..y. 2_ The general description of the area served by Union Ro^a1 Electric Association within tre County of _ fold and State of Colereen, is ird:cated on this exhnhit as follows, to wits Weld Coutny All Sections of Townsaia 1 North, Range 54Aest. All Sections of Townships 1 North & 3 Acrtn, Range ES 'Test. All Sections o= To,mshrps 1 Nor:•,h, 2 No-th, 3'dgrtn 4 e Nnetr, Range tt Nest. All Sections of Townships 1 North, 2 North, 3 Norm d = `oath, ;ante 67 west P11 Sect,r65 of To_nsh,ps 1 Ner'_h. 2 r:orth_ 3 Norm a aanga -_ .a.-. 3. Notice is given that Union Rural Electric Association, Inc., may have underground facilities or may place underground faci'itnes in the furture anywhere oithin its general 5ed5ite area desc-inea ir, paragr_on 2 aoo.__ A. Anyone concerned with the locataen of the underground facilities of Union Rural Electric Association, Inc. wielli; the County oz State of Colorado, may obtain necessary enformatlon regerc-no the same from The follo'w'ing parson or persons: Name: Soh Title- Engineering Serv-ces A_lress_ 18851 r 16Crh cvd grnghton ^n SCom Telephone \o_: 13031 Fg-or51.{`f 1^ng ns^arse PA" ndera'ur 'or Enterprise 222) Notice is funther given that :n the event sold :ndrviduals are no longer so employed or retained, contact should be :Wade witn the Engineering Deartment at Union Rural Electric Association- Inc- Pt the saA0 address ant telechnne mm`_er. SI MED PhD SEALED thcis _ day of 0ccooen, 13a1 =.r sTFTr h L''2! 1FI�-1 O3 — _ ) ss. c e'er The :g_ Try ___ ____ _ makrowlorged mt,'h; - Car -- 1981, by Ri Cbend L. Arnold, General Manager of „r=un RCRnr T_1 .C. WITNESS my hand and official seal. ^. Fo,zr,V Pub -1c DT5ION RURAL ELECTn1L ASSOCIRT:ON, INC. Er - General Manage - My Cormissioa My Address isc AA, • saor2 18'74084 ,��` � � arfoN DAirE..• ....... >6s7T«tE /0 WAY ./70'4N FFUERSTEN, Clerlenj. �, . ........ Colorado' public Service company. POST OFFICE BOX 1668, FORT COLLINS, COLORADO 80522 October 30, 1981 Office of Weld County Clerk & Recorder Post Office Box 459 Greeley, Colorado 80532 Attention: Mary Ann Feverstein, Clerk and Recorder To satisfy requirements of Paragraph 9-1.5-103(1) of Senate Bill No. 172 which became effective October 1, 1981,. Public Service.Company of,Colorada: hereby desires to make the following information -a matter of Public retOrd In regard to underground natural gas and electric facilities in Weld..County, Public Servide Company of Colorado's Northern Division presently installs, operates', and. maintains natural gas and electric facilities in the towns `of. Windsor, Severance, Johnstown and .Milliken and also installs, operates, and maintains .natural gas and electric facilities in the rural areas-of.western:. Weld County in T4N-R66W, T4N-R67w; I4N-R68W, T5N-R66W, T5N-R67W I -R66W, T6N-R67W, T7N-R66W, T7N--R67W, T8N-R67W, and T9N-R67W: Specificinformation on the location of these natural gas and electric facilities can be obtained from the Gas Engineering and ElectricCngineerng Departments at the Northern Division Service Center at 1800 East Prospect Street in Fort Collins, phone 686-2291. Public Service -Company of Colorado's Boulder Division operates, and maintains natural gas and electric facilitiesninyinstalls, Mead and Erie and also installs, operates, and maintains natural gas'and electric facilities in the rural areas of weld County in T1N-R68W. Specific information on the location of these natural gas and electric facilities can be obtained from the Gas. Engineering and Electric Engineering Departments at the Boulder Division Service Center at 2655 No. 63rd in Boulder, phone 443-1101. BOOK.,2§.3 RFc PTiOiv..A874084. Page Two October 30, 1981 ":7F7 Public Service Company of Colorado's Platte Valley Division presently installs, operates,andmaintains natural gas facilities in the towns of Wattenberg, . Lochbuie., and Fort :Lupton; and in:the rural areas: of Weld County in T3N�R67W, T2R-R67W; T1N-R67W,.T2N.-R66W, TTN-R66W..and .T1N-R65W and installs:., operas., and maintains electric facilities i:n the towns of.Pl.atteville,:Hudson, Keenes burg, and Fort Lupton, and in the rural areas of Weld County in T1N-R63W,. T2N-R63W, T1N-R64W; T2N-R64W, T3N-R64W, T]N-R65W, T2N-R SW, T3N-R65W, TIN-R66W,.T2N-R66W,:T3N-R66W; T4N-R56W, and T3N-R67W. Specific information on the location of these natural gas and electric facilities:can be obtained from the Gas Engineering and Electric Engineering Departments at the Platte Valley Di Vision Service Center at Highway 85 and Baseline Road in Brighton,:Phone 659-1421. Sincerely, Jack Fowler Operations Manager; Northern Division JF as AR223 29I� B 1288 REC 02239296 01/24/91 10:16 X10.00 1/002 F 0506 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO NOTICE PURSUANT TO §9-1.5-103, C.R.S., CONCERNING UNDERGROUND FACILITIES OF UNITED POWER, INC. Pursuant to §9-1.5-103, C.R.S., United Power, Inc., formerly Union Rural Electric Associatem, Inc., hereby gives notice of the following information. This Notice amends and supersedes the Notice filed by Union Rural. Electric Association, Inc., on October 5, 1983, in Book 449, Reception No. 1871004, Weld County records. 1. United Power, Inc., owns and maintains underground facilities within Weld County, Colorado, for the purposes of transmission and distributicn of electricity. 2. They genera! description of the area served by United Power, inc., within Veld County, Colorado, is as follows, to wit: All Sections of Townships 1 North and 2 North, Range 63 West of the 6th P.M.; all Sections of Townships 1 North, 2 North end 3 North, Range 64 West of the 6th P.M.; all Sections of Townships 1 ?forth, 2 North and 3 North, Range 65 best of the 6th P.M.; all Sections of Townships 1 North, 2 Worth and 3 North, Range 66 Nest of the 6th P.M.; all Sections of Townships 1 North, 2 North, 3 North and 4 Borth, Range 67 West of the 6th. P.M.; and all Sections of Townships 1 North, 2 North, 3 North and 4 North, Range 68 '`Zest of the 6th P.M. A map showing the general service area is attached as Exhibit A. 3. Notice is given that United Power, Inc., may have underground facilities or may place underground facilities in the future anywhere within its general service area described in paragraph 2. above. 4. Anyone concerned with the location of the underground facilities of United Power, Inc., within Weld County, Colorado, may obtain necessary inform.:.tion regard_ng the same from the following person or persons: Ns:me: Monica L. Hansen Job Title: Right -of -Way Specialist Address. 18551 East 160th Avenue, Brighton, CO 8C601 Telephone No.; (303) 659-0551 1-8001168-8809 Notice is further given that in the event said individuals are no longer so employed or retained, contact should be mace with the Engineering Department at United Power, Inc,, at the same address and telephone number. SIGNED AND SEALED this 2; day of r. • :! , 1991. UNITED PO-WER, INC, David 1. DunnelL General Manager STATE' OF COLORADO ) .es. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this day of 1991, by David I. Dunne'', General Manager of United Power, Inc. WITNESS my hand and official seal. Notary Public 3I Ja • s tra N. i t 7o4L-I _ C ww)t -gwti V 18IHX3 L. rs7'T3 Ct;I • OM ' '!! •f. E' 11p1 11 1111e11111i111a111}611ellterli11111111d19e11e1i�am : 1 31 1/1 vim iv 111rg �11�,J�J,1111111,1111TIIIiB118 1i1 19e1i11L111Aa9111f s ���' nn 11 w II Kr.EO COVNTI • s L" �-7 i � a chi i iar ti �~ t' d --L -.---� i a !c w I , ! . a 11i11‘111is1eldirlI4'' —"—�"� -+ —1 ._-_--L_ __i__ _L 1 iii x CD 4.1 {n NJ CD CO OD MNM 'XJ r4 tC CD y NJ Z 2w ml tai �o c V) y t� 4- i NJ �w t-� x ►� h+ CN C) C) G C -r' Q • X0 p ;v C. w� B 1204 REC 02150547 08/05/88 10:09 $6.00 1/002 AR2150547 F 1865 MARY ANN FEUERSTEIN CLERK RECORDER WELD CO, CO c�2�Lt��tlalLty�D�eed .�, THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property') from the Ind lviduaI(S). corporation (s), partnership(S). or other entity(ies) named below as GRANTOR to the individual(S) or entltylies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed, which the GRANTEE win pay (2) any easements and rights -of -way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral intereStS shown of record (6) any protective covenants and restrictions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions". The Specific Terms of This Deed Are: Grantor. (Give namets) and place(s) of residence: it the spouse of the owner -grantor is joining in this Deed to release homestead rights, identify grantors as husoand and wife ) T. WESLEY GALLOWAY AKA T. WES GALLOWAY AND MARIE H. GALLOWAY Grantee: (Give names) and addresstes). statement of address, including available road or street number. is required.) DALTON BROS., INC. 37867 WCR 35 Form of Co -Ownership: EATON COLORADO 80615 (if there are Iwo or more grantees named, they will be Considered to take as tenants in common unless the words "in Joint tenancy" or words of the same meaning are added in the space below.) Property Description: (Include county and state ) SEE ATTACHED EXHIBIT A State € ocurl Amtory Fee Date 815 tit $ „40.5 13813 WCR 74 Property Address: EATON CO 80615 Consideration: (The statement of a dollar amount r5 optional, adequate consideration for this deed writ be presumed unless this conveyanceiS identified as a Or. in any case this conveyance is absolute. final and unconditional.) FOUR HUNDRED SIXTY FIVE THOUSAND AND 00/100 Reservations -Restrictions: (if the GRANTOR intends to reserve any interest in the propeny or to co nvey less than he owns. or retne GRANTOR Grantors of the above desczi6%WepropgRigrresietpv° elirsm `$�nopEgi°a'n 'vg;n'a life estate is and to all oil, gas, mineral -and mineral rights in, on and under the above described property together with all rights of access thereto. Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.) Subject however to the following; Easements, or claims of easements, not shown by the public records. ** Executed by the Grantor on AUGUST 3, 1988 IS Signature Clause for Corporation, Partnership or Association: Signatuq Clause Individual(s): By MARIE H. GALLOWAY By Name of Grantor Corporation. Partnership or Association `�ec.LuJ Attest: ATE -°E -kit .i r nstr rn t14as acknowledged before me thrs � "'>r" Q �$L. Y• GALLOWAY AKA T. WES GALLOWAY =�1�L E5S h td anitiofFedal ER 20, 2989 • !Aftr•se�t�r.><p�`• � _ Grantor Grantor T. WES GALLOWAY 55. r Dr.• r . . ) touilty'toF r,. ) ' The foregoing instrument was acknowledged before me this By • (• name individual Grantor(s) or if Grantoris Corporation. Partnership orAssociation. then identify signersas presidentor vice presidentand secretary or assistant secretary of corporation; or as partner(s) of partnership; or as authorized member(s) of association.) eay or AUGUST AND MARIE H. GALLOWAY ‘e-ela)±.7 Notary Public 1221 8TH AVE., GREELEY, CO. Grantor .19 88 WITNESS my hand and official seal. Sly tonenisslon expires: eay of , 14 Notay Public e 19S1 UPDATE LEGAL FORMS P.D. Box 1815 - Greeley. Colorado 80632 (303) 3511.6.'aso PSG. 201 t •. B 1204 REC 02150547 08/05/88 O�ORgCCgDERco.00 WELD CflfO 02 F 1866 MARY ANN FEUERSTEIN CLERK EXHIBIT A TO WARRANTY DEED DATED: AUGUST 3, 1988 GRANTOR: T. WESLEY GALLOWAY AKA T. WES GALLOWAY AND MARIE H. GALLOWAY GRANTEE: DALTON BROS., INC. The SE 1/4 of Section 32, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado; except a strip of land 80 feet in width off the North side of said SE 1/4 as conveyed by deed recorded July 14, 1905 in Book 221 at Page 208; also all that part of the SW 1/4 of Section 32, Township 7 North, Range 66 West of the 6th P.M., beginning 270 feet North of the South Quarter corner of said Section, said point being located on the North side of County Road right of way, thence along the North side of said County Road right of way on the following coarse: North 72°09' West 2019 feet to the East bank of the Woods Lake Reservoir Inlet, thence along said bank of The Woods Lake Reservoir Inlet on the following courses: North 11'35' East 132 feet, thence North 28°10' East 451 feet, thence North 11°35' East 360 feet, thence North 0°15' East 260 feet, thence North 16°48' West 610 feet to the South side of The Great Western Railroad right of way, thence North 88°50' East along said South side of The Great Western Railroad right of way 2804 feet to the North and South half section line of said section, thence in a Southerly direction along said half section line 2330 feet, more or less, to the Point of Beginning. Together with 6 shares of the capital stock in the Windsor Reservoir and Canal Company; 4 shares of the capital stock in the Larimer & Weld Reservoir Company; 4 shares of the capital stock in the Latimer & Weld Irrigation Company; one - 5/8" North Weld County Water District water tap; two hundred (200) units of the Northern Colorado Water Conservancy District, and one unadjudicated domestic well. ** Additional Exceptions continued: That certain oil and gas lease from T. Wesley Galloway and Marie Galloway to Patrick Petroleum Corporation of Michigan, recorded April 9, 1981 in Book 333 as Reception No. 1854579, and any interests therein, assignments, or conveyances thereof. That certain lease dated January 2, 1982 entered into between T. Wesley Galloway and Marie Galloway as Lessor and Ralph Prior and Carolyn Prior as Lessee. - That certain lease agreement dated November 5, 1987 entered into by Wes Galloway as landlord and Dianne Sullivan, as tenant covering the single family residence located at 13813 WCR 74, Eaton, Colorado 80615 for a 1 year period beginning January 1, 1988. ID -26-04 2?8 I11411111111IlllllllllllINItlllllll111I1V411111I111 HEFlAIr_afa T1.1 yN ▪ of wem_ slrte or cmn-nda pa d}ec y q e no sons (-• ant Ix�ty. tHoTag .^. ot, 93+9"e- Penh., a 5, ec nag on Inc LaeHo., State nick Ca ra note Systcm. NOHn Zonc, sp•a eOn�n.ro So n MOO,o weet clang is South Ine a Osborn, of 58631 'set toOne. Southwest ,.nine o f ',HENCE uonlis 25']O;eS Ewt o d:ala.,cc o le9t font !HENCE ',Oh 88ev't+ East o arsionce of 29].55 fee:: IPENCE South 29'31'45. Foal o snarl. of .51 feu, IHEN.t -.EWE South 26.65.08. Fos, o denonce of 25.0 fest, IHEISCf South 23.56,31- feat o 25 feet, IHECE 30Vrh 23'30'x5' Ewr a Js ancr- ne fie, frd, !HENCE South 24,2'9, Fos, u ',nonce el 56 feet, !HENCE Sautn MS'," Eon n dnnance of 72 64 Fen., 232C oer, leZerCE No,ln 8B'z9'4 1 +' Ent a c;slonee of ,36.08 ko.. eHEw.E eoorn 19-18'2x- Eost a d.elunce 12.96 feet. o ',snows or 12 96 feet IHiE'1Y 3ouH 1.,51 a.' Cw� o ,:.,once of 1e 55 leer, IHE.SCf Sown 02'37'0, Fos, a d.alonce o, 12 06 !HENCE Eau n 01'33',E" weal n ailancc 0 13 c0 icgtt IHEVCE Peel °nonce 0' 5 lefeeref Serum 01'6,39" Easl a dissencn of 2,3 feet. IHEVCE So 3 i feet, lefeeref Sou. 08'56'02" East a a.etonce of 2, 1 feet. Said ,Sonlecd 0o cc of to, nentO ns13561 Acres m[rd cr rss [17 and is subject to 2 rights -sr -re, ONNEKs. n^<rov'ead� �r '.rce pt� ao°meylm, ns sops., hers,. fee Or LI, c -pea a op y. o J C<LE eoa]o ifezea: MX, NUPANIAI CFR IEICAIE sls. 06 CUCKOO(' e COLN, OF MELD us ss sole woe ocknosieshoed ocrore me this e doc o ,, ri-e sst ire IU,� Wdoes. y god and seal n z mH�aeon Ewes: n.c- Ir-195 Eno Ac• tN�arceptea on" opp osc for flips 3ePyti�ta7N�F>�hng' adegry ga- Y � LOW, n OLLo o jre. Woe:, my hcact cod amok n,. '`'Ll�a• me erg B 4d YO3 NolnH'?LFPF. I6 STINE OF;; • y,ars-,.e'c OFRTFICA.s yes, o- _ . our Bnset C dethat_ the t Pot s on tic cam. rots a t hey bd' o al ^ e best rNs� • 1 Aix .•"'•410.67 4w ��Fe• Loner Sooe.yor 022082. ROLES 'ng o! o secona eet M e.etq readers 1 Jfi folic y o atod Porno, to 1rn acf "o., of',ta0. O 1 - ce`nf zone ere. �a •so6 , n pro >;y ro a per. man ',oe Done,. ei a, WW,V. 1 ur50-i0or .ilA neI W q epEe repo.,a LNeH tie 1erm� e05me �henlf 1t�!-to w 3 Ade IeAre slr.emrc. [n wan ns sus m..sl oblo:n Me omraw.c= sa S ord nukingnukings p ice. <] ✓cuvaaor.nours snnr�a ce asnre roar gradna-titer rr�ry n1 r-eet „,„ dr.n ]ter etprapras as dcf,xrp me bd°I 9 Ono., Ox sumo's., with the hg.! , Pe t apw�� o o.coreled deed tiro but upon w▪ h.rnhanx. Tans a .,n enPh„ „ xr.„ .,nM Curnply with the regoirercrcnts o• Appendix Ile -A o1 the •n.ernolionn rte Laae. the enuoieuntYlund.wner stoll be responsible for contrail., the no..., weeds, .purnsuunt to Chapter 15, A.Oolen I on.] Hof She Weld County Code 6) Effect., Jouyoo 1, 20C3, 13,ding isspod on the etel,th'e el tie x¢!d County Pend p c- Ptensp H, renreesnno 205z_rffs �!! ba ma. ma to adner. lg the see vj >i ,ea_ 1 c o d a be OP, Bo�ic'inga On] c ec1ne-on or Ag � Ewn'pt BOW �Igoportnc me�le0fn5ec r_at1,20 J e y mrenPunishing mrt •_ re9d ea fo- any eeev.a! eennce to 1ne 0deorng o •errs, for dolcr+lg ao •asp.,eg to i� psttt4 or mu.ori ogee Off -sere bale mayebc nonsonlxed App. nose frornerauS m., trvc4s. Itronttorsnal s and pceu p , du. .nm Is) WELD COON IT, lifiedi FANS, lAlhArtfill Web ,9unty is one the Mast product', noricollurol <pent. in 9of ogropturol The urio crees of Weld Coon,- ec�nie aingncons, oegs:a mng ogei< and o oreceedere end way of life eithos: nerohtoring Pro, rho, rcatures pro& isillsost fob., dwellers to rurol Weld oul ▪ wlw 4 v s ogrioJdurol cc lee Lionising: d '1ene: pro me pephcide, end dinclueing Me oso nf near, If rift:ening to ercent delSery of irlOalian a 1Nde ern. zeetentler 10 fam plaauctloz. t wlnoot nu Banco I1 rho agloultuisol operation anegee ,a be a fuser, employs ethads or arc, roe: that ore commonly . Odd ',spec covers o land preo con four a I~.odol son.ore miles spo frosse the Store or sm.r...) tore, rtfP.SOod acne,' huoa'a, :3.700) s of reepa tee m complaints new, than a palm!. of `he county an X03 ce set aces .tech must bet axe ed y cola, often loey ere VONA. •u na o ce reit some ke.,a of sorface croectre ram c pan nd rood Soo'w semc'H! see Chit, me wanaetl . 1 SUBDIVISION EXEMPTION NO. SE 1030 Part Of The Fast Half Of The Southeast Quarter Of Section 32, Township ? North, Range 66 West Of The 6th P.M", County Of Weld, State Of Colorado _41 rT\C� tJ2 t5 SFCTION ereINESS COPSES! PPP SOSIN ,lehrele PEP !PANSY 110 ]2098 — e—sa PUSHUPS CAP Lo E rt riepner hulls 19 Sorel PSIS CS .ZLriflate., Znxzs — RECORDFla EIR44 7700/ O.9f.II-6 RE.� L19 L21 L23 L25 'CO' FOLF..et µ r H 1 LS 16154 3C NOw r7- '-1-7--� RF L31 ro N¢ nALDM aluµai�n»t,IM�3 EWN \\ \ �P s o \� r, �raerE aaal 2F eEcuN xc 9A 1 p,op. ,y - 694.31' — — _ — _ _ . (aAvs a aanamcs see',H, WELD COL, NIY ROAD a 74 APS, Is.' Ness Cooly u feel anna, thn o slots Plone Coo-aircte S:enre Nolo. Zone. Nto a .me••con bate o distance of .J2 le sees with of other oce no o terctl hers, rololwa thereto N91E 'Hors eFte, yoa 4,:a.er zd.h aetcat !. m anent. Hoy any pc -on bwcd uo anv do Non LINE TABLE LINE BEARING LENGTH a r .a a¢3c 3 E F 25 e! 52,45'08-C 25 9'36 C 25 - SZVCSi01'E se.33' SZs'52't5T 5653 ___. nEB'•3'1A'E IS§SO' 2.1 06 I 70 stvr82et .1.96' 122 L]1 502 ] T, ' 296' LEGEND z x fcnbt LINL FhSCN[1.'r e OANnth Stailtm LINE • -aLap5aL000l """ IPUCT NFR .S JE,LAFO_d ▪ n5 .014VI.,' SE" 24 Oh 64 • AP STPPFEI Ot ▪ SPPROSISAIS .u..ss 2004397 DeSett Pre. JSA C,CeE5 5 CBJ 0 rc z y O o p o c a w • 4oV X woo W a r Z L¢wmo • * 6 U 5 4Saz ≥ o Q , m a W (R -i PPCJCCE 2004397 L2OSCr-e I'09'E 23.16' L32 512 YJ'2g'e 2, la 1 SHEET 1 aF I JUN -17-200B TUE 02:03 PM HASLER FONFARA & MAXWELL FAX NO. 9704939703 P. 05 IIIIIIIIIII1111111111111111111111111111111111111111111 3566968 07i17/2008 11:30A Weld County, CO 1 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder 968 PIPELINE EASEMENT kinder Morgan Intsrstats Gas Transmission i.LC KNOW ALL MIEN BY THESE PRESENTS: That J. ©ale. ML: o y and Vaterle.A. Moody, whose address is P.O. Box U. Eaton. CO 80615 (collectively, "Grantor"), far themselves, their heirs, successors and assigns, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, do hereby grant, convey and confirm unto Kinder Morgan Interstate Gas Transmission LLC, a Colorado limited liability company, whose address 1s P.C. Box 281304, Lakewood, CO 84228-8304, its successors and assigns ("Grantee"), a permanent, temporary, and additional work space easement, as described and depicted on Exhibit A attached hereto and made a part hereof (collectively referred to as the "Easements") to survey, construct, reconstruct, maintain, operate, inspect, renew, repair, remove, replace, change the size of, upgrade, abandon in place and remove a natural gas pipeline and all related above and below ground appurtenances including cathodic protection (collectively the "Pipeline"), in, on, over, under, across, upon and through the following described property situated In the County of Weld, State of Colorado, to wit Bart E/2, Sec. 32, T7N, R66W More fully described In that certain document recorded in the above referenced county as Reception number, 3464752 and in Exhibits °A-1", "A-2", "A-3" and "A-4" attached hereto and made a part hereof. See Attached EXHIBIT "A" EASEMENT PLATS The Grantor reserves the right to cultivate, use and occupy said property for any purpose consistent with the rights and privileges herein granted and, in the sole opinion of the Grantee, which will not interfere with or endanger any of the Pipeline facilities therein or use thereof by the Grantee, its agents or contractors, Such reservation by the Grantor shall include the right to construct and maintain a fence along the boundary line of the permanent easement, and across the permanent easement in such manner as is consistent with Grantees safety and operational requirements as specified in kinder Morgan Operations and Maintenance Procedure 244 (as it now exists and may be revised from time to time) (the "Procedure") and allows Grantee to exercise Its rights hereunder without interference. Such reservation shall in no event include the right to construct any buildings or structures, to impound any water, or to plant any trees or shrubs upon the permanent easement. The Grantee, at all times, shall have the perpetual right of ingress and egress over the permanent easement and from all roads and/or trails on the Grantor's property or by other routes mutually agreeable to the parties in order that the Grantee may access its Easements. The permanent easement shall be in perpetuity. The temporary easement and additional work space easement shall expire upon completion of the initial pipeline construction and restoration of the Easements. The sum paid by Grantee for the Easements is acknowledged by the undersigned as full consideration for the Easements, but not for damages to land and growing crops occasioned by the initial installation of the Pipeline, which damages shall be calculated as set forth below. Grantee shall pay Grantor for actual physical damages to land and growing crops occasioned by any future Installations, construction, reconstruction, maintenance, operation, inspection, replacement, repair, change in size, upgrade or removal of the Pipeline in the permanent easement. Grantor agrees to refrain from any action that is inconsistent with those rights being conveyed herein. Grantee agrees that in exercising its rights to construct the Pipeline hereunder it shall: 4. • Bore, rather than trench, the area under the existing hay stacking area as depicted on Exhibit A-2, in such a fashion as to leave Gr'antor's existing access to th area for storage and sales of hay unobstructed during construction; 2. Conduct Its operations in a fashion that avoids any material interference with the normal and cheduled operation of the circle pivot irrigation system that irrigates th t portion of the Easements located to the north of the Great Western R ilway right of way ("GNRR ROW!). In order to assist Grantee in c mplying with the obligations set forth in this JUN -17-2008 TIDE 02:04 FM HASLER FONFARA & MAXWELL I mill nm 111111 iiiiii iiii 111111 11111 III 11111 1111 1111 FAX NO. 9704939703 F, 08 3566968 07/17/2008 11:30A Weld County, Co 2 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder paragraph, immediately prior to and during the actual construction and restoration of the Pipeline Grantor or Its designated agent shall provide Grantee with all appropriate information regarding the operation of its circle pivot irrigation system, including hours of operation, periods when it will not be operating, cycle times and schedules. In addition, during any periods in which the irrigation system is not in operation, Grantor shall cause the Irrigation equipment to be located off of the Easements; 3. Prior to commencing construction of that portion of the Pipeline lying to the south of the GW RR ROW, Grantee shall, at its expense, relocate the existing headgate and related irrigation pipe to the south, so that it is located off of the Easements and continues to serve its irrigation purposes for the lands to the south of the Easements. Upon completion of construction and restoration of this portion of the Easements, Grantee shall re -locate the headgate and related irrigation pipe to their original positions. 4. Fallowing construction and restoration of the surface of the Easements, Grantee shall reseed all disturbed ground utilizing such seeds as are reasonably specified by Grantor. In the event that such seeding efforts do not result In proper growth, Grantee shall undertake such additional reseeding efforts as are reasonably necessary until proper growth 1s obtained. 5. Grantee shall pay Grantor for all actual damages to growing crops or. equipment located can or near the Easements caused by Grantee's activities in constructing, maintaining, upgrading or restoring the Pipeline. After the completion and installation of the Pipeline Grantee shall restore the surface of the Easements, as nearly as practicable and permissible, to Its prior condition and contour following any disturbance occasioned by construction or use of the Easements by the Grantee, its contractors, or agents. In addition, Grantee shall clearly mark the location of Its Pipeline with permanent above ground markers in accordance with Federal Department of Transportation regulations, Grantor agrees to accept the aforementioned consideration on behalf of itself and its Tenant, if any, and to take full responsibility for compensating Grantor's Tenant for any damage or loss that is owed to the Tenant as a result of this conveyance and the Grantee's use of the Easements. in the event of an abandonment of the Easement, Grantee may abandon the pipeline in place by filling the pipeline with a concrete slurry, water or ined gas, seal the pipeline openings and otherwise appropriately decommission the pipeline in accordance with the applicable provisions of the Pipeline Safety Regulations of the U. S. Department of Transportation. This Pipeline Easement may be assigned in whole or in part by either party. This Pipeline Easement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs, personal representatives, successors and assigns. This Pipeline Easement shall be interpreted and enforced in the state where the property described herein is located. If the Pipeline Easement covers property located in more than one county, venue shall be in the county where the majority of the property geographically exists. To Have And To Hold the said Pipeline Easement unto the said Grantee, Its successors and assigns, so long as the same shall be used or useful for the purposes of the Grantee or its assignee. IN WITNESS WHEREOF, Grantor has hereunto set his hand this day of June, 2ooa. GRANTOR: 11//16e; 14: iii-- alerfe A. Moody T JUN -17-2008 TUE 02:04 PM HASLER FONFARA & MAXWELL FAX N0, 9704939703 P. 07 111111 IIIII 111111 I�III IIII 111111 IIIII III IIIII IIII IIII 3 019 X 18/�00 008 D 0.OY : 8 eve MorennuClerMCB Recorder STATE OF COLORADO) ss. COUNTY OF WEM, j ' L._avismcv The foregoing instrument was acknowledged before me this 2008, by J. Gale Moody and Valerie A. Moody. Witness my hand and official seal. My commission expires: PDtj day of _ J_ 1111111 IIIII 11111111111 111111111111111111 11111 11111111 �seese qo�s oo oaouo Steve orcnoucled BPeooNer EXHIBIT "lA-1" J. GALE & VALERIE A. MOODY 20' PERMANENT EASEMENT AND RIGHT OF WAY SECTION 32, T7N, R66W of the 6TH P.M. WELD COUNTY, COLORADO DESCRIPTION OF A 20 FOOT WIDE, MORE OR LESS, PERMANENT EASEMENT AND RIGHT OF WAY, SITUATED IN THE EAST HALF OF SECTION 32, TOWNSHIP 7 NORTH, RANGE fib WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND BEING A PORTION OF THOSE CERTAIN TRACTS OF LAND DESCRIBED IN AND CONVEYED TO J. GALE & VALERIE A. MOODY, BY INSTRUMENT RECORDED UNDER RECEPTION NO. 3460753 OF THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER, WELD COUNTY, COLORADO, SAID 20 FOOT WIDE, MORE OR LESS, PERMANENT EASEMENT AND RIGHT OF WAY BEING SITUATED 10 FEET, MORE OR LESS, ON EACH SIDE OF THE HEREINAFTER DESCRIBED CENTERLINE, HAVING THE SIDE LINES EXTENDED OR SHORTENED AS NEEDED TO INTERSECT WITH THE SAID SECTION LINES AND SAID EAST AND WEST LINES OF THE TRACT OF LAND DESCRIBED IN RECEPTION NO. 3460753, WELD COUNTY RECORDS, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: WITH ALL BEARINGS HEREIN BE#NG BASED UPON THE COLORADO NORTH ZONE, NAD83 GRID NORTH AS DERIVED BY GLOBAL POSITIONING SYSTEM (GPS) SURVEY AND TIED TO THIS DESCRIPTION THROUGH THE BEARING OF NORTH 88°59' EAST BETWEEN THE FOUND MONUMENT (2 INCH ALUMINUM CAP, INSCRIBED C1/4 532, PLS 10855) AT THE CENTER OF SAID SECTION 32 AND THE FOUND MONUMENT(2-11'2 INCH ALUMINUM CAP, INSCRIBED SSS; PLS 16154) AT THE EAST QUARTER CORNER OF SAID SECTION 32; 20' PERMANENT EASEMENT AND RIGHTS OF WAY BEGINNING AT THE INTERSECTION OF THE VILEST LINE OF SAID TRACT OF LAND AND THE NORTH RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD, AS DESCRIBED IN DECREE OF COURT, RECORDED JANUARY 18, 1909 IN BOOK 289 AT PAGE 336, AND IN WARRANTY DEED RECORDED JULY 14, 1905 IN BOOK 221 AT PAGE 208 OF THE WELD COUNTY RECORDERS OFFICE; SAID INTERSECTION BEING THE CENTER QUARTER CORNER (A FOUND MONUMENT, 2 INCH ALUMINUM CAP, INSCRIBED C1/4 S32, PLS 10855) OF SAID SECTION 32; THENCE NORTH 88°59' EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 2176.6 FEET TO A POINT; THENCE SOUTH 01°19' VILEST, A DISTANCE OF 100.1 FEET TO A POINT; THENCE SOUTH 89°37' EAST, A DISTANCE OF 402.6 FEET TO A POINT; THENCE SOUTH 81°57' EAST, A DISTANCE OF 61.7 FEET TO A POINT ON THE EAST LINE OF THE SAID TRACT OF LAND; THENCE NORTH 01'49' EAST, ALONG SAID EAST LINE, A DISTANCE OF 39.6 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE SAID GREAT WESTERN RAIL ROAD; THENCE SOUTH 88°59' WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 444.6 FEET TO A POINT; THENCE NORTH 01°19' EAST, LEAVING SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 100.1 FEET TO A POINT; THENCE SOUTH 88°59' WEST, 20.0 FOOT OFFSET AND PARALLEL WITH SAID NORTH RIGHT-OF- WAY LINE, A DISTANCE OF 1726.7 FEET TO A POINT; THENCE NORTH 83°43' WEST, A DISTANCE OF 78.6 FEET TO A POINT; THENCE SOUTH 89°15' WEST, A DISTANCE OF 391.8 FEET TO A POINT ON THE VILEST LINE OF THE SAID TRACT OF LAND; THENCE SOUTH 00°42' WEST, ALONG SAID WEST LINE, A DISTANCE OF 31.8 FEET, TO THE POINT OF BEGINNING, THE INTERSECTION OF THE VILEST LINE OF THE SAID TRACT OF LAND AND THE NORTH FIGHT -OF -WAY LINE OF THE SAID GREAT WESTERN RAIL ROAD, WHICH IS THE EAST QUARTER CORNER (A FOUND MONUMENT, 2-1/2 INCH ALUMINUM CAP, INSCRIBED SSS; PLS 16154) OF SAID SECTION 32. SAID PERMANENT EASEMENT CONTAINING 03145.6 SQ. FEET OR 1.450 ACRES MORE OR LESS. CADoaauuelus and SatingsKaraWly DoeumerusNarrauves for Recarding651-P-151-mrD, doc Last prialed 7/ 1 WON 2 47O0 Ph5 Last saved by Joel Kirkpaatriuk l Ell Rill1lIf 111111RE 11! 1111111111111 3566968 07/17/2008 11:30A Weld County, CD 5 of 9 R 46.00 D 0.00 Steve Moreno Clerk 8 Recorder TEMPORARY CONSTRUCTION EASEMENTS 32 FOOT TEMPORARY CONSTRUCTION EASEMENT #1 - EXHIBIT"A-3" COMMENCING AT A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE SAID GREAT WESTERN RAILROAD, AS DESCRIBED IN DECREE OF COURT, RECORDED JANUARY 18, 1909 IN BOOK 269 AT PAGE 336, AND IN WARRANTY DEED RECORDED JULY 14, 1905 IN BOOK 221 AT PAGE 208 OF THE WELD COUNTY RECORDERS OFFICE, SAID POINT ALSO BEING THE EAST QUARTER CORNER (A FOUND MONUMENT, 2-1/2 INCH ALUMINUM CAP, INSCRIBED SSS; PLS 16154) OF SAID SECTION 32; THENCE SOUTH 78°07' WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 424.1 FEET TO A POINT 32.0 FEET EAST OF THE AFOREMENTIONED PERMANENT PIPELINE EASEMENT AND RIGHTS OF WAY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°59' WEST, A DISTANCE OF 32.0 FEET TO A POINT ON THE AFOREMENTIONED PERMANENT PIPELINE EASEMENT AND RIGHT OF WAY; THENCE ALONG SAID PERMANENT EASEMENT, NORTH 01 °19' EAST, A DISTANCE OF 100.1 FEET TO A POINT; THENCE CONTINUING ALONG SAID PERMANENT EASEMENT, SOUTH 88°59' WEST, A DISTANCE OF 1726.7 FEET; THENCE CONTINUING ALONG SAID PERMANENT EASEMENT, NORTH 83°43' WEST, A DISTANCE OF 78.6 FEET; THENCE CONTINUING ALONG SAID PERMANENT EASEMENT, SOUTH 89°15' WEST, A DISTANCE OF 200.7 FEET TO A POINT; THENCE LEAVING SAID PERMANENT EASEMENT, NORTH 00°20' WEST, A DISTANCE OF 32.0 FEET TO A POINT; THENCE 32.0 FOOT OFFSET AND PARALLEL TO SAID PERMANENT EASEMENT, NORTH 89°15' EAST, A DISTANCE OF 202.5 FEET; THENCE SOUTH 83°43' EAST, A DISTANCE OF 78.6 FEET, THENCE NORTH 88°59' EAST, A DISTANCE OF 1758.0 FEET; THENCE SOUTH 01°19' WEST, A DISTANCE OF 132.1 FEET TO THE TRUE POINT OF BEGINNING; SAID TEMPORARY CONSTRUCTION EASEMENT #1 CONTAINING 68435.8 SQUARE FEET OR 1.571 ACRES MORE OR LESS. 32 FOOT TEMPORARY CONSTRUCTION EASEMENT #2 - EXHIBIT"A-3" COMMENCING AT A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE SAID GREAT WESTERN RAILROAD, AS DESCRIBED IN DECREE OF COURT, RECORDED JANUARY 16, 1909 IN BOOK 289 AT PAGE 336, AND IN WARRANTY DEED RECORDED JULY 14, 1905 IN BOOK 221 AT PAGE 208 OF THE WELD COUNTY RECORDERS OFFICE, SAID POINT ALSO BEING THE EAST QUARTER CORNER (A FOUND MONUMENT, 2-1/2 INCH ALUMINUM CAP, INSCRIBED SSS; PLS 16154) OF SAID SECTION 32; THENCE SOUTH 88°59' WEST, A DISTANCE OF 465.3 FEET TO A POINT ON THE AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAIL ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°19' WEST, A DISTANCE OF 100.1 FEET TO A POINT ON THE SOUTH LINE OF THE AFOREMENTIONED PERMANENT PIPELINE EASEMENT AND RIGHT OF WAY; THENCE ALONG SAID PERMANENT EASEMENT, SOUTH 89°37' EAST, A DISTANCE OF 402.6 FEET TO A POINT; THENCE CONTINUING ALONG SAID PERMANENT EASEMENT, SOUTH 81°57' EAST, A DISTANCE OF 27.3 FEET TO A POINT; THENCE LEAVING SAID PERMANENT EASEMENT, SOUTH 02°58' WEST, A DISTANCE OF 32.1 FEET TO A POINT; THENCE 32.0 FOOT OFFSET AND PARALLEL TO SAID PERMANENT EASEMENT, NORTH 81°67' WEST, A DISTANCE OF 28.0 FEET; THENCE PARALLEL TO SAID PERMANENT EASEMENT, NORTH 89°37' WEST, A DISTANCE OF 433.0 FEET TO A POINT; THENCE NORTH 01°19' EAST, A DISTANCE OF 131.3 FEET TO A POINT ON THE AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAIROAD; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, NORTH 88°59' EAST, A DISTANCE OF 32.0 FEET TO THE TRUE POINT OF BEGINNING; SAID TEMPORARY CONSTRUCTION EASEMENT #2 CONTAINING 17955.9 SQUARE FEET OR 0.412 ACRES MORE OR LESS. CL"°rarmcnrs and Sclbngn(aralMy Documenta Narralivcs for Recardingl6S 1 -1. -Li 1-r°vP d°c 4481 pruned 7115l20ait 2=47 00 rPd iaal saved by fad Kirkpatrick 2 11111111111 1111111111 1111111 1111111111111111 11111111 3566968 07/17/2008 11:30A Weld County, CO 5 of 9 R 46.00 D 0.00 Steve Morena Clerk $ Recorder TEMPORARY WORKSPACES TEMPORARY WORKSPACE #3 - EXHIBIT "A-4" COMMENCING AT A POINT ON THE WEST LINE OF SAID TRACT OF LAND, SAID POINT BEING THE CENTER QUARTER CORNER (A FOUND MONUMENT, 2 INCH ALUMINUM CAP, INSCRIBED C1/4 532, PLS 10655) OF SAID SECTION 32; THENCE NORTH 70°52' EAST, A DISTANCE OF 202.46 FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED TEMPORARY CONSTRUCTION EASEMENT #1 (EXHIBIT "A-2"), THE TRUE POINT OF BEGINNING; THENCE ALONG SAID TEMPORARY CONSTRUCTION EASEMENT LINE, NORTH 69°15' EAST, A DISTANCE OF 100.0 FEET; THENCE NORTH 00°45' WEST, A DISTANCE OF 25.0 FEET; THENCE 25.0 FOOT OFFSET AND PARALLEL TO THE SAID TEMPORARY CONSTRUCTION EASEMENT LONE, SOUTH 89°15' WEST, A DISTANCE OF 100.0 FEET; THENCE SOUTH 00°45' EAST, A DISTANCE OF 25.0 FEET TO THE TRUE POINT OF BEGINNING. SAID TEMPORARY WORKSPACE #3 CONTAINING 2500 SQUARE FEET OR 0.057 ACRES MORE OR LESS, TEMPORARY WORKSPACE #4 - EXHIBIT "A-4" COMMENCING AT A POINT ON THE EAST LINE OF SAID TRACT OF LAND, SAID POINT BEING THE EAST QUARTER CORNER (A FOUND MONUMENT, 2-1/2 INCH ALUMINUM CAP, INSCRIBED SSS; PLS 16154) OF SAID SECTION 32; THENCE SOUTH 15°04' WEST, A DISTANCE OF152.09 FEET TO A POINT ON THE SOUTH LINE OF THE AFOREMENTIONED TEMPORARY CONSTRUCTION EASEMENT #2 (EXHIBIT "A-2"), THE TRUE POINT OF BEGINNING; THENCE ALONG SAID TEMPORARY CONSTRUCTION EASEMENT, NORTH 81°57' WEST, A DISTANCE OF 28.8 FEET; THENCE CONTINUING ALONG SAID TEMPORARY CONSTRUCTION EASEMENT, NORTH 89°37' WEST, A DISTANCE OF 72.3 FEET TO A POINT; THENCE SOUTH 00°25' WEST, A DISTANCE OF 25,0 FEET A POINT; THENCE 25.0 FOOT OFFSET AND PARALLEL TO SAID TEMPORARY CONSTRUCTION EASEMENT, SOUTH 89°37' EAST, A DISTANCE OF 70.6 FEET TO A POINT; THENCE SOUTH 81° 57' EAST, A DISTANCE OF 26.3 FEET TO A POINT; THENCE NORTH 08° 03' EAST, A DISTANCE OF 25.0 FEET TO THE TRUE POINT OF BEGINNING. SAID TEMPORARY WORKSPACE #4 CONTAINING 2464 SQUARE FEET OR 0.057 ACRES MORE OR LESS. FOR AND ON THE BEHALF OF KINDER MORGAN INTERSTATE GAS TRANSMISSION LLC CALVIN HEINLY, PLS COLORADO LS # 2350'1 C:1Llscrslll'„iuIaml:uINIDER MORCIAN1h1DODY4551 P-151-nNC[Ilam Last primed 7.'iN2DOR 6:1 I rKl PM Lnsl Ravel by Wide 3 EXHIBIT "A-2" 20' t PERMANENT EASEMENT J. GALE Se VALERIE A, MOODY SECTION 32, T7N, R66W, 6th PRINCIPAL MERIDIAN CONTAINING 63145.6 SQ. FEET OR 1.450 ACRES MORE OR LESS TIE TO [MITER OF SEC. 32, T7N, WSW S 03'33' W 21.4' FOUND SECTION CENTER 3 2, r SCALE 1"--=500' I f 20't PEFWANE FFF EASEMENT 8.3145-6 S4- FT. 1.450 ACRES SCI0'{2'IM-31.B` N83'4.3.10-78.8. _Mo1_51W-391.8. POINT OF BEGINNING I f JI i s�-59 1�,�_.: N�sn9t2176.e' I TRACT EL -04, EL -06 J. GALE & VALERIE A. MOODY PART OF EAST 1!2 SECTION 32, T7N, R66W 6th PRINCIPAL MERIDIAN WELD COUNTY, COLORADO TYPICAL EASEMENT LAYOUT (M vary slightly per property) 0 250' 500 FEET COLORADO NORTH ZONE US SURVEY 'FEET NAD 83 32' t 0' LEGEND: 0 O TEMPORARY CONSTRUCTION EASEMENT LINE PERMANENT EASEMENT LINE = SURVEYED CENTERLINE PERMANENT EASEMENT LINE = FOUND MONUMENT PROJECTED CORNER LOCATION PROPOSED TEMPORARY WORKSPACE Nam8'E-100.1' TIE TO THE EASE 1/4 CORNER OF SEC. 32, 77N, RS6W FOUND QUARTER CORNER N0i 484E-39.6' _- - -: : I _ I _ 78 78 74 72 • 'I i i� _ -,J-- -- - L.__I _.1.-} "1- -� i _ f 4 VICINITY MAP NOT TO SCALE 1) BASIS OF BEARING; COLORADO NORTH ZONE (NAD83) GRID NORTH TIED TO THE SOUTH LAVE OF THE NORTHEAST QUARTER OF SECTION 32, T7N RS6W USING GPS METHODS. SAID SOUTH LINE HAVING A BEARING OF NBB^5VE BETWEEN A FOUND MONUMENT AT THE SECTION CENTER AND A FOUND MONUMENT AT THE EAST 1/4 CORNER. 2) DATE FIELD SURVEY; 9/2007 .3) THIS DRAWING IS FOR INFORMATIONAL PURPOSES ONLY AND IS TO DEPICT THE LEGAL DESCRIPTION SHOWN HEREON AND IS NOT INTENDED TO REPRESENT A MONUMENTED LAND SURVEY. PREMED 9t 1 Alliance Engineering A 44'aid Group Company KINosR,MowoAti SCALE 1 •=�04' DATE 10/04/07 DRAWN J. KIRKPATRICK REV. W.O. xxxx( CHK, DR. C. HEINLY COLORADO LATERAL J. GALE & VALERIE A. MOODY SEC. 32, TM, R66W, 6th P.M. WELD COUNTY, COLORADO SHEET 1 OF 1 CON. JCe 10700404 PROJECT ENGR. B. PE.EPCHAN PROJECT MGR. J. TRUJILLO FILE NO. 651-P-151 111A Pena e\1r1mad - a Colorer 1p•Akrwes /Irhlaypl-P.-111-mair/ I 1111111 Hill 11111111El 111111111111M III Milli IIII 35scu'se now uo 0o o.00'StevewMm w.ii:{w a Recorder EXHIBIT „A-3" 32 FOOT TEMPORARY EASEMENT J. GALE & VALERIE A. MOODY SECTION 32, T7N. R66W. 6th PRINCIPAL MERIDIAN CONTAINING 86391.7 SQ. FEET OR 1.983 ACRES MORE OIL LESS E1 7 Lg f "-L 10 L6 L5 L.4"------- L3 DETAIL #1 I L2L 1 5'O�.W 424.1 - J --` - -- �32 FOOT TEMPORARY CONSTRUCTION EASEMENT #1 L1= S 88'59' W 32.0' L2= N 01'19' E 100.1' L3= S 88'59' W 1728.7' I L4= N 83'43 W 78.6' L5= S 89'15' W 200.7' L6= N 40'20' W 32.0' L7= N 89'15' E 202.5' LS= S 83'43' E 78.6' TIE TO CENTER 4F SEC. 32. T7N, MAW S {13'33' w 21.9' FOUND SECTION CENTER L9= N 88'59' E 1758.0' L10= S 01'19' W 132A. 20'# PERMANENT EASEMENT 83145.6 SQ. FT. I 1.450 I I TiE TO EAST I THE 1/4 CORNER OF SEC. 32, 17N, R6619 32 FOOT TEMPORARY FOUND C s QUARTER I 86391.7 SQ. Fr 1.963 ACRES {TOTAL) CORNER I I '- - MEAT WESTERN R.R. -- � AREA N 3T RAE I �""- wOK o 10, A� 37LJAM_ A, -MO NARFUVITY JULY 14. WG6 MOO 121 FIAGE 20e HELD CR1M T RI 'S OFFKE I L18 S88'59' 485.3' L17 L11 CT3 L14 I L16 t�5 i DETAIL #2 I 32 FOOT TEMPORARY I I CONSTRUCTION EASEMENT #2 3 L11= S 01'19' W 100.1' I L12= S 89'37' E 402.5' L13= S 81'57' E 27.3' I I -� ..- - ---- - _- - - - `TL1� -S-0.7.587-41 32.' L15= N 81'57' W 28.0' I L16= N 89'37' W 433.0' L17= N 01']9' E 131.3' L 1 S= N 88'59' E 32.0' I TRACT EL -04, EL -06r - J. GALE & VALERIE A. MOODY PART OF EAST 1/2 SECTION 32, TTN, R66W re 6th PRINCIPAL MERIDIAN WELD COUNTY, COLORADO . f TO r 74 TYPICAL EASEMENT LAYOUT (#slay vary slightly per property) 1 r--`- t--- _- r TEMPORARY CONSTRUCTION EASEMENT LINE 1 I ! � _ _ PERMANENT EASEMENT UNE r VICINITY MAP SCALE a 250 s — — — 1_ 32' 10' _ 1 '=,JOO' 500 FEET LEGEND: I 10' - SURVEYED CENTERUNE _ a - PERMANENT EASEMENT LINE TO SCALE I 1) BASIS OF BEARING: COLORADO NORTH ZONE (NAD83) GRID NORTH TIED TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 32. T7N RSBW USING GPS METHODS. SAID SOUTH LINE HAVING A BEARING OF N6859'E BETWEEN A FOUND MONUMENT AT THE SECTION CENTER AND A FOUND MONUMENT AT THE EAST 1/4 CORNER_ 2) DATE FIELD SURVEY: 9/2007 FOUND MONUMENT COLORADO NORTH ZONE 4 = PROJECTED CORNER LOCATION 3) THIS DRAVANO IS FOR INFORMATIONAL PURPOSES ONLY AND IS TO US SURVEY FEET = PROPOSED TEMPORARY WORKSPACE DEPICT THE LEGAL DESCRIPTION SHOWN HEREON AND 15 NOT INTENDED NAD 83 TO REPRESENT A MONUMENTI:D LAND SURVEY. PPEPIRED BY: P- O Alliance En ineerin g A Wa nid Group Couivarly KIRREORGAN COLORADO LATERAL J. GALE 8 VALERIE A. MOODY SEC. 32, T7N, R66W, 6th P.M. WELD COUNTY, COLORADO SHEET 1 OF 1 SCALE+. isou DA1E 1D o4/o7 REV. W.O. # xxxxx DRAWN J. KIRKPATRICK CHK. DR. C. HEINLY FILE N0. 651-P-'151 CON. JOB f 10700400 PROJECT EHGR. B. PELEPCHAN PROJECT MGR. J. TRLIJ ILLO PEI lw6e &\i8fobeGo — 1011 Odr..o l.E.dVrunM Plata\CLUCI—P Ipl.Vra8ry IIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3566968 MgB q ie.00�080 00 Steve Moreno 6 Recorder FOUND SECTION CENTER 3 SCALE 1"=500' 0 250' 500 FEET COLORADO NORTH ZONE US SURVEY FEET NAD 83 EXHIBIT "A-4" TEMPORARY USE AREAS J. GALE & VALERIE A. MOODY SECTION 32, T7N, R66W, 6th PRINCIPAL MERIDIAN CONTAINING 0.114 ACRES MORE OR LESS DETAIL. #3 2� L3 L4 [L2 L1 TEMPORARY WORKSPACE #3 2500 SQ. FT., 0.057 ACRES L1 = N 89`15' E 100.0' L2= N 00`45' W 25.0' L3 = S 89'15' W 100.0' L4= S 00`45 E 25.0' TEMPORARY WORKSPACE #3 SEE DETAIL DETAIL #4 3 a -• O 41, rr L11 L10 L12 L13 1.14 TEMPORARY WORKSPACE #4 2464 SQ. FT., 0.057 ACRES 1 dlru MOON2 -ACE 336 1- 1000 WAFIRANTY ar .r,1L.Y 14. 1006 0000 221 200 VELD COUN rECORDBYS OFFICE �1 a= N-EI V-1�7' sN .Q'-- --- -- L11- N 89'37' W 72.3' L12= S 40'25' W 25.0' L13- S 89`37' E 70.6' L14� S 81'57' E 26.3' L15= N 08'03' E 25.0' f TRACT EL -04, EL -06 J. GALE $1 VALERIE A. MOODY PART OF EAST 1/2 SECTION 32, T7N, R66W 6th PRINCIPAL MERIDIAN WELD COUNTY, COLORADO TYPICAL EASEMENT LAYOUT (Moy vary slightly per property) 1-1---- 32' 1 0' 10' LEGEND; TEMPORARY CONSTRUCTION EASEMENT LINE PERMANENT EASEMENT UNE - SURVEYED CENTERLINE PERMANENT EASEMENT LINE = FOUND MONUMENT O .. PROJECTED CORNER LOCATION I = PROPOSED TEMPORARY WORKSPACE FOUND QUARTER CORNER TEMPORARY WORKSPACE #4 SEE DETAIL BO ra re 74 72 ■■ � —1 ■ ■ ■ , i ■[ i .. 6 ■ �! s —I— , T _ — I -- VICINITY MAP NOT TO SCALE 1) BASIS OF BEARING: COLORADO NORTH ZONE (NAD83) GRID NORTH TIED TO THE SOUTH UNE OF THE NORTHEAST QUARTER OF SECTION 32, T7N RS8W USING CPS METHODS, SAID SOUTH LINE HAVING A HEARING OF N813'591 BETWEEN A FOUND MONUMENT AT THE SECTION CENTER AND A FOUND MONUMENT AT THE EAST 1/4 CORNER. 2) DATE FIELD SURVEY: 972007 3) THIS DRAWING IS FOR INFORMATIONAL PURPOSES ONLY AND IS TO DEPICT THE LEGAL DESCRIPTION SHOWN HEREON AND IS NOT INTENDED TO REPRESENT A MONUMENTED LAND SURVEY, PPEPNIED 6Y wo. # XXXXX Alliance Engineering A Wood Group Cornildny KlNplIIMONaAII SCALE 1'=500' HATE 10/04/07 DRAWN J. KIRKPATRICK REV. CHK. DR. C. HEINLY CON. JOB # 10700400 PROJECT ENGR. B. PELEPCHAN A[ l•A11R Vgimp44o — Dowses u1.Vwurrio Aotsww+f—laew«a+■o PROJECT µGR. J. TRUJILLO COLORADO LATERAL J. GALE & VALERIE A. MOOD' SEC. 32, T7N, R66W, 6th P.M. WELD COUNTY, COLORADO SHEET 1 OF 1 FILE N0. 3586968 07/17/2008 11:30A Weld County, CO 9 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder I Mill 111111 ���� IIII Illilll III VIII IIII IIII 3627336 06/03/2009 04:02P Weld County, CO 1 of 1 R 6.00 t) 0.00 Steve Moreno Clerk & Recorder EXEMPT BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, That J. GALE MOODY, whose mailing address is Post Office Box 210, Eaton, Colorado 80615, of the County of Weld, State of Colorado ("Grantor"), for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to VALERIE A. MOODY, whose mailing address is Post Office Box 210, Eaton, Colorado 80615, of the County of Weld, State of Colorado ("Grantee"), the real property situate in the County of Weld, State of Colorado, which is legally described as follows: Amended Subdivision February 8, 2007, as of the E1/2 of the North, Range 66 West State of Colorado. Exemption No. 1030, recorded Reception No. 3453984, being part SE1/4 of Section 32, Township 7 of the 6th P.M., County of Weld, (Street Address: 13813 weld County Road 74, Eaton, Colorado) RESERVATION OF MINERALS. Grantor expressly excepts and reserves unto himself, and his heirs, personal representatives, and assigns, all oil, gas, sand, gravel, and other minerals and mineral rights located in, on, or under the surface of the real property conveyed hereby. Signed and delivered this .to:L-6-r-4—day of May, 2009. STATE OF COLORADO ) COUNTY OF LARIMER ) S8. The foregoing instrument was acknowledged before me this _26/-- day of May, 2009, by J. GALE MOODY. WITNESS my hand and official seal. My commission expires: 1(I J o I ~"ANSOS. 'I= .4 O O 1 tARr i N PU6V . oF //if/antitio (HFFM 5/26/09) tr'1A-i - - Notary Public HASLER, FONFARA AND MAXWELL 125 SOUTH HOWES, 8TH FLOOR POST OFFICE BOX 2267 FORT COLLINS, CO 80522 3904610 01/22/2013 08:22 AM Total Pages: 17 Rec Fee: $91.00 Steve Moreno - Clerk and Recorder, Weld County, CO Return To: JPMorgan Chase Bank, N.A. Collateral Trailing Documents P.O. Box 8000 - Monroe, LA 71203 Prepared By: Ryan Gilbert 6465 Greenwood Plaza Blvd Englewood, CO 80111 J a (U1 -1,Qk-1 Ch icago �OOQIr+d� Division Aliquippa, PA 15001 Deed of Trust 71'n243'0148 JP Morgan Chase Bank Columbus, OH 43240 Definitions. Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, l8, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated January 8, 2013, together with all Riders to this document. (B) "Borrower" is WESLEY J. BASILIERE AND SHAUN A. BASILIERE. Borrower is the trustor under this Security Instrument. (C) "Leader" is JPMorgan Chase Bank, N.A.. Lender is a National Banking Association organized and existing under the laws of the United States. Lender's address is 1111 Polaris Parkway, Columbus, OH 43240 . Lender is the beneficiary under this Security Instrument. (D) "Trustee" is the Public Trustee of Weld County, Colorado. (E) "Note" means the promissory note signed by Borrower and dated January 8, 2013. The Note states that Borrower owes Lender three hundred seventy four thousand four hundred and 00/100 Dollars (U.S. S374,400.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February I, 2043. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late . charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means al I Riders w this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Balloon Rider O VA Rider ❑ Condominium Rider D Second Home Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify] COLORADO -Single Farnay-Fanrne Mae/Freddie Mae UNIFORM INSTRUMENT VMP® Wolters Kluwer Financial Services 201901074.0.0.0.4002-J20110929Y Iniu- 1 7415 1/01 03/11 Page 1 of 18 1111111111111 i 3904610 01/22/2013 08:22 AM Page 2 of 17 (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse trans fern. (1.,) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance'. means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the /teal Estate Settlement Procedures Act (12 U.S.C. Section 2641 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3540), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, RESPA refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. Transfer of Rights in the Property. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY [Type of Recording Jurisdiction] of Weld [Name of Recording Jurisdiction]: See exhibit "A" attached hereto and made a part thereof See Attached COLORADO -Single FamApFannie Mae/Freddie Mac UNIFORM INSTRUMENT For VMPite wooers Kluwer Financial Services 2onourco.0.0.a0p2-noi10929Y Iniaal110111"illi 11111111111111 1ilis : 3904610 01/22/2013 08:22 AM Page 3 of 17 Parcel ID Number: 070732400008 which currently has the address of 13813 COUNTY ROAD 74 [Street] EATON [City], Colorado 80615 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Uniform Covenants. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security lnstrament be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurers check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. [leach Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. COLORADO -Single Fanely-Fannie Mae/Frecage Mac UNIFORM INSTRUMENT VMPA Wollara Kluwer Financial Sereicee 201801071.0 0.0.4002-J2011ogzgY Initial : Page 3 0l 16 1 er r i �i 3904610 01/22/2013 08:22 AM Page 4 of 17 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due tor: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to I.ender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can 7ga s VOLORAOO-Smgie Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT f 1(N 03111 Wolters Kluwer Financial Senecas 201301074,0.0.0.4002-J20110929Y Irma ��� Pape 4 of 18 1 7 1 1 3904610 01/22/2013 08:22 AM Page 5 of 17 require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shalt pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender rnay require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any COLORADO -Single Family -Fannie MaerFieddie Mee UNIFORM INSTRUMENT VMPS 1 /eF18 201307074.0.0.0.4002 J20i10929Y Wolters Kluwer Financial Servioes Inrliels.`V� Pag 1 7 1 3904610 01/22/2013 08:22 AM Page 6 of 17 other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Bonrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. AlI insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then COLORADO -Single FamiirFarwne Mee/Fredche Med UNIFORM INSTRUMENT vMPe Wolters 10u er Financial Services 201301 074.0.0.0.4002420110929Y Initial& /v 1fi 1 �• 3904610 01/22/2013 08:22 AM Page 7 of 17 due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrowers rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taldng of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair of restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security COLORADO -Single FanairFannie Mae/Freddie MSc UNIFORM INSTRUMENT VIAND Wailers Kluwer Financial services 201301074,0.0.0.4002.120110929Y IS 7 t 18 i 3904610 01/22/2013 08:22 AM Page 8 of 17 Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between COLORADO -Single Family -Fannie Mae/Freddie Mae UNIFORM INSTRUMENT VMPO Wolters Kluwer Financial Services 201301074.0.0.0.4002J2011092ST i�mi■ nn�i 3904610 01/22/2013 08:22 AM Page 9 of 17 Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section l0 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (A) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (B) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. COLORADO -Single FarneyFanrne Mae/Freddie Mac UNIFORM INSTRUMENT VMPA Woners Kluwer Financial services 201301974.0.0.0.4002-J20110929Y 11111111 3904610 01/22/2013 08:22 AM Page 10 of 17 In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lenders judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's j udgnent, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising COLORADO -Single Family-Femie MaedFredclie Mac UNIFORM INSTRUMENT VMPO Welle�rs Kluwer Financial Services 201301074.0.O 0,4pQ2•J20170929Y Ini i�mnnt�� ii s 3904610 01/22/2013 08:22 AM Page 11 of 17 any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers;. Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. cOLORAOo•Sngte FamilrFenrde Mae/Fretlde Mac UNIFORM INSTRUMENT WP® Wolters Kluwer Finanoai Servxes 201301074.0.0.0.40O2-J20110929Y 1111111111111111 3904610 01/22/2013 08:22 AM Page 12 of 17 There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to lake any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants COLORADO -Single Family-Fanme MaerFreddie Mac UNIFORM INSTRUMENT YMP49 Wolters Kluwer Financial Services 201301074.0.0.0.4002420110929Y IIIIIIII11111111111111 15 101 16 i 3904610 01/22/2013 08:22 AM Page 13 of 17 or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashiers check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given incompliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an COLORADO -Single Family -Fannie MaerFnetkae Mac UNIFORM INSTRUMENT VMPQJ Wolaaa Kiuwe. Financial Services z01301ora.o.0.O.a002-no110929Y 16 1111101 1111 1 • 3904610 01/22/2013 08:22 AM Page 14 of 17 "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Haznrdous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govemmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. Non -Uniform Covenants. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. if Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to he sold. Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall COLORADO -Single Family -Fannie Mee/Freckbe Met UNIFORM INSTRUMENT VMP® Wolters Kluwer Financial Services 201301074.0,0.0.4002420110929Y s 3904610 01/22/2013 08:22 AM Page 15 of 17 publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly canceled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Borrower (1) espy as' i L4/I shaun A Basiliere Date Seal 4,132/1hA //eray Seal COLORADO -Single Family -Fannie Maegreddie Mac UNIFORM INSTRUMENT VMF* Wolters Kluwer Financial Servioes 201307074.0.0.0.4002120110929Y In 7 11111111 • 3904610 01/22/2013 08:22 AM Page 16 of 17 Acknowledgment State of Colorado County of Weld This instrument was acknowledged before me on 1- 343 by vWe$It7 i e J • Fas i t ► ZYe. $ S]�gVfl 134s s l k ce - Notary Pii tie My commission expires: S-kiS"_ Zo[S (Seal) DREW A. SUTTLE • NOTARY PUBLIC • s STATE OF COLORADO My Commission Expires 05/18/2015 COLORADO -Single Famiy-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP® Wailers IOuwer Financial Services 201301074.0 0.0.4007JZ0110029Y In 111110iii NEM 3904610 01/22/2013 08:22 AM Page 17 of 17 Exhibit "A" Legal Description The land referred to herein below is situated in the county of WELD, State of CO and is described as follows: ALL THAT PARCEL OF LAND IN WELD COUNTY, STATE OF COLORADO, AS MORE FULLY DESCRIBED IN DEED INST # 3741722, ID# R4677207, BEING KNOWN AND DESIGNATED AS METES AND BOUNDS PROPERTY. AMENDED SUBDIVISION EXEMPTION NO. 1030, RECORDED FEBRUARY 8, 2007 AT RECEPTION NO. 3453984, BEING A PART OF THE EAST HALD OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PM., COUNTY OF WELD, STATE OF COLORADO. COMMONLY KNOWN AS: 13813 COUNTY ROAD 74, EATON, CO 80615 Tax/Parcel ID: R4677207 22677245 ggb AMENDED SUBDIVISION EXEMPTION No.1030 11 —D9-015 FIDE Dim,: 347$—ASE1030 Illllll i hill lipid NI11111111BIN III IIVpt VIIV ad']95d '21o8120Ci 11',94N N Itl CnuVe l:0 1 pI 2 R 21 00 6 0.00 6rrve Moreuo CIerM 9 Recorder Part of the East I Taff of the Southeast Quarter of Section 32, Township ? North, Rank 66 West of the 6th P.M., County of Weld, State of Colorado F DrMOO POO Of .0 1BR.F,IN er (E1/.1 SEI/4; c fit - e OZ. _ n:lrty Sw /lel, Stele al ,olo-rodo .d _being mare pe,,,,rly ffescrihed as 'allows. em LR.n6 x ue,nen CM). n a (S=1/4} of surd Sector J2 os be g Poem 0-0.8.1 East. belno CM Bearing or vise Colorado Sala Plcne eu o' ed here,s 5wt a 8here l7- r ro h Guo-ter Corner Sst-by o stn ., Co erc scam South 894914 Eesnest o astasoe or 2 a6 aBSuce of 3.3.5.5E. Satne Ooaamu:aid er eSouth Ow., Core, THENCE Sod,' El8,9.11. Wee: olosg ealo Sout, o diater,s. ef G3V.79 lost to the TRUE P.N1 OF BECINNINC. noon 2.,19.,n. bast distance or serci reet. THENCE Borth Z.1.2B.3i, Ennt n din -tenon of I. BO Icel. THENCE took, 1.0'32' East o lsmncs a 100 CO bet THENCE Scan 5S2a0, Eoet a distance or 15?,1 feet', THENCE Sculh 33'28'3, Eost o dialonce a Ib22 TT fest', THENCE Sam 27-.0'.0" foot a liatancc d 25.41 'cat. IHENCE Eolith 2,9,3, Lost distance 2,, , THENCE 5,, 2 '5,'0.- EflICNCE South e , a !Mance of B.Bance of 25,2 25.,1 ecl. n IENN, South S ,5 E 1 0 7-1 Monee of 5699 eel THENCE Scioto 23 28 E t a distance a' 1300 lens THENCE Soon rtr57 c." foe 1 N 12.3C 'c THENCE Sot IM1 0,33?6- West o asltoa<e of 13,00 Asst: THENCE Seth Cal -35" It's,: o astonca or 52.3' !set', THENCE SoLth Eost a distance o, 212I THENCE 5ctln 05'56'02" Eon o dlslonco or 23.21 toot. alBCPERTY 0.EP S CERTIFICATE cm-st, ow is mac inonay to nrosme once bn tee cccn.ol of other ano, y ag^t" c_ceesory saes ox sea 3. Cole Moody POPO, CERTIFlGr r NrcoiorQao GOWN, orWe a a` r MoOrllE{{ adore ma by V leenC tiFecoi 9 as Dropexi-14 nutners (hove. or0per+cl' „_3�du, n1 On art.K3 x O-1 .a -,,e nay ens and enl.CYl!l1 ltA4m l " ,212;1p010 ti iG s r: I;s lc,f, p4aer. CERT,FIC., OF neoROVA, RV -BE O=paBTME, eLANNING MRVC"5-(ACwIII,P 'I2 REVEIel e14!4,41004. .. Jt'irlut fUlRr AL LriyI 7-I 07- / • rno for N V dov o "I �y aemm� on arn,rea e�D�a2llpb ana m., I i,�l� - 2363 Witnees rey ho -rd and Sent 9=. MOORF NOTARY PUBLIC STATE OF COLORV.)C' , r- _-- - VICINITY MAP SCALE zH�,�tRs ��,IFlea,loN craron B. Jones c Bergalerea Professanol Land Surveyor ,n the 3-icte of Colo -coo, co , carofy la -at the s�e c=pmno. sure p.p.,of . a eto p Rrefeae P0,1,6 a F.i tiers nna nfesRo c 4n=a s, ,7-a a. nna +e< 622 - Cert"',cat',on Cellned Cerv6ca ion is assned os o stalemellny�y,3e51e—aD—e. fnnr ehm.eebprnan. pm.e ni an ,rnreaznnn In`,ae;I�elyr n7- uno�° ten cnes.o-m ym�e turn sae -ea, hie (c) b '.n amorccnno w,E con cents s.o 4nrae grant. (d) re no. o gucv+ty a7- wo•rc-ty. e2ner espresso, o pnM1< e�IT o ins aefc't,on o astoan n re soda w .r Coae. the iau,,.a setboot Ia awards Hc.n ne AS. rent -or -Acv Imc- t'ot3C fool. ralias Foos _ol any well hood mAny carstn.ionIGnahn a 200 root rodius o oeyrrtans ,Pone, County Cods. Bo -vices that the hos an ...outs *ate, ,uppy s,lc:ent ,airlyrquor-Ply and doper...HI... souls. n9d,o9 Permit, i sngna .Fete,. pmnt oa ci.y eerr.ts, noseeer. Crertiricate9nof Co sio ceemt.st be ned Cnth 3'me eClassing Oeaortmert and on eerlrrul cd/ar alum g p rmil a w -u for any eciricol sera..., t e boadirg wctor or watev. 7. Effective Joni., 1, ROC, Balding aer,le rasa. proucesd lots will Be ,suured to adnere le the fee structure c !Pe 'AMP, Lppans,r, meat lee one Be Snrrewe e g Impeel _ ( ,nonce 20Ob-B Section 5 and VOrn Prep, sesinentent.9 Stoles g g rer, . open ace,. Ine'e ore dranbuc4s, y including F due ue n Lo -nn ,long n.thte droetooxer come Ore .noent vas TOric- ottrant urban dwellers to ins.'s's To Bre, o no -o. sgnaonn4 s. mdse feat , , ottrcct ooDan ass ers to as .4 to y a ousels De gone imposts, Iscedhg nolac Oroma traotons and coalman,: Mow wmoving rla, 5vehicles roads: death frost otlums epI¢ tr r• 0s1 M1nl venc, eNte•,.e , e erns...t ar•,en nl dent o. .o ��a- -In. : e.cn"bey to uraauc,iun. �• enom S.lrau m: sto 1ty o' .0,06,49 me sneer mngnsoce ,e ores De sass, - sinlchsso'�Ilrob,a�o , Loran= arrholoron and fire FIFe orcloclIon usuoPy proud. by rolurBeers eta mug-. Bove the, p0,3 OPP POMP,. la prlOrlirea -enn that Node .n, be elcorra w e.ercr Y .•.dorm. 5 rondo r sison usubdl.�sansaar or them, WS: P.1- avosisae 3egiseng at tso'Gootheesl Cars, _nd asscsOng Mc East Inc of IM1. 3oom«st Ccort, or 5cetan 32, Tornshia ? North L., North Preen,' mm�om ,r,tee Le cm .,aLpm / gars le _ d other e s.o PcoorAng , ap., commence or, pg., actor bused pc, detect In this sun, wit, three t0l.lbtakircist POE doted rinonrnh 0,6E: wxrxn a, aSA CHECKED CBgr: AMENDED SUBDIVISION EXEMPTION Am SE -1030 J. GALE & VALERIE MOODY P.O. BOY: 210, EATON, COLORADO 80615 PHONE: (970) 454-1504 2004397-6 1 SHEET 1 OF 2 11-09-O6 I Illkll II lil lilll II IRI IIII 1116 RIIIII 111 II Il Illk lil I 09529,1E D2fl&I093 11'.d6R Meld Melly E9 2 e1 2 R 2ten 9 PM Slew Moreno Clerk e• Recorder LINE TABLE LINE . BEARING _r x2T'•918.E L3 999 91 , LENGTH L5 ..25.03.E 060335 L] 00.00' r3-62' 531'R6'35"E 02� � sr�w•ac'E 25,11'- L1s 525310,30"E L1� 523'503,E 52_13. 9,8,eT '.2e HRT•re S.D0R3,Ier 1,er 502']]'0 "E .26 5cr'59'OH U031,, R40z' I 329 . 501.3003.E ,3 L0' _, 33 51.'25 _ LEGEND —F- +FNEF VHF EEP.. FIDE O}FIPr 9 KIRI), LINE R. RE9OENrA_ n::cESS ei ns i[xlce[o "RN" � Fs 3Esc°.a eEo nrR • 0.1 LLOW 059 UNLESS OTIE'2R'`SE ENOM, E2 F 8e a • ,AP s1unPO esl, A 7,23090E O PA -MILKED ROSTON w Fxrn.c ARPIAA MOT Lon Jon c°r°1340 ie9i°t _H. SL+F'lyOF ,122098 AMENDED SUBDIVISION EXEMPTION No.1030 Part of the East I Taff of the Southeast Quarter of Section 32, Township 7 North, Range 66 West of the 6th P.M_, County of Weld, State of Colorado s 'CO SO 0 10C scn E - r=". CO' ]38'9' SPEODN 32, 1730 w •OSN PON C0.0.I RreLLG IN LHRE RED f.FrvffP.-Post :Ix-rH r [zRn(R SECTION 32. T3N, R60W a_OM�NL Ns _AP Sr:.hrF_] [SRS 9B ; rmEX5 COPPER 30 DIE QUA,.:ORARIPON CA .'_IININI I RAl P S-zaRED Ln22,RBe nxa 1 Jt� h .9 .AMENDED SE 1030 arvOr-xnlaE J f S 0, T lP N ▪ - L21 L23 L25 L30.— F0IIND 6'a RrR_R 43. L29 L31 3.7 03,3033 ONE 586'49'14 41 694 31 _ — _•— — — n_ctoken NrrrM`aeaw� W6tD(OUNTY ROAD 474 eea 30r NNIHc •x UN y. UFn534M>'E0 52]0982004 E ST3.00. CORNER�zle' w / AL. NINIIH [�V 53g11PE0 L51 E15< '99a I I IIf ,SECHHOP 3 ;IAN,1 e 0 +00 ue6 CO NTH IP AAP n 513 /, IA, FILL 3979—ASE1030 SCALE -190 JSA CHEEP', 33ry AMENDED SUBDIVISION EXEMPTION Am5E-1030 J. GALE & VALERIE MGOOY P.O. BO% 210, EATON, COLORADO 80615 PHONE- {870) 454-1504 PPOJEC A 290.397-8 2 SHEET 2 OF 2 (110`7.) PILE-EMPTION AND CASH ENTRY PATENx'.—Iobntoc'tm• .re.©a'.sc...s"'"".cekn4.a. I� TH U IT 4� F AM'. RICA, 305 Certificate No__./_.6 /-74 ala to `whom thus Prewat* $hall comes GREETING; � .10 d:._ ham deposited in the General Land Office of the United States a Certificate of the Resister of the Land Office at day _i.4/ whereby it appears that full payment has been made by the said according' to the provisions of the Act of Congress of the 24th, of April, 1820, entitled "An Act making further pro- vision for the sale of the Public Lands," fori,ae�-,�,�F 1t4yetaida,_ez_Ie _ &ad, lert-of,4 gizA;(1eL) AA. 4) 1_1di. ag4rigi. ;. ,..6.4t-lvta-d- e47/-17 Asa./ /r9zPtd/ 761 /Ca/4U/ according' to the Official Plat of the Survey of the said Lands, returned to the General Land Office by the Surveyor General, which said Tract haz1/ been purchased by the said.____ciZade2/1.1 OW? Know Ye, That the United States of America, in consideration of the premises, and in conformity with the several Acts of Congress in such case made and provided, have given and granted, and by these presents do give and ,grant unto the said___d‘i_l_zu___V_ePL and to heirs, the said Tract above described: To Have and to Hold the SC017,0, together with all the rights, privileges, immunities and appurtenances, of whatsoever nature, thereunto belonging`, unto the said �[Izteiv.__ et and to____ 4u_4.) heirs and assigns forever; subject to any vested and accrued water rights for mining, agri- cultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the Zocal customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law. treatimony Whereof; L. .64 -ede,l Presitlent of the Vatted States of America, have caused these letters to be made patent, and the Seal of the General Land Office to be hereunto affixed. Given under my hand, at the City of Washington, the._042(f day of__ hundred and_ , in the year of our Lord one thousand eight , and of the Independence of the United States the one hundred andL BY THE PR.ESID_ENT : __ hdidtda_44i1 BySecretary. Recorder of the General Land Office. Recorded, V' l.. Page it 6 _Pi ea for Record the _____ ./_ 71 day of-, A. D..T B7c,' , at 10 o'clock a, j11, asY/ By Deputy. BOOK249 RECEPTION 187°"5 DAT:" I 1981TIA,AE'. .0 IT.0 MARY ANN EEVERSTEIN, Clerk and Recorder, Weld County Colorado Denver, Colorado September 24, 1981 Mrs. Mary Ann Feuerstein Weld County Clerk Recorder P. O. Box 439 Greeley, Colorado 80631 Dear Ms_ F'euerstein: Mountain Bell Re: Senate Bill No. 172 -1981 -CRS 9-1.5-103, Establishing Procedures for the Protection of underground Facilities from Damage Caused by Excavation Work In compliance with ate Bill No. 1:2 enacted by the General Assembly of Colora we are providing you with the following information: 1.- Name of Operator of Underground Facilities: Mountain Bell 2.- Area Served by Mountain Bell: See attached map 3. Telephone Number of Location Center: 226-6310 4. Job Title of Location Center Supervisor: Assistant Manager 5. Address of Location Center: 4620 S. College Avenue Ft. Collins, Colorado 80525 If you have any questions or comments regarding this information, please contact `like Ragan on 624-6409. Fours truly, ec R. C. Lange District Staff Manager -Distribution Services Attachment RECORDER'S MEMORANDUM AT THE TIME OF RECORDATION, THIS IN- STRUMENT WAS FOUND TO BE INADEQUATE: FOR HE VEST PHOTOGRAPHIC REPRODUCTION BECAUSE OF ILLEGIBILITY, CARBON OR PHOTO COPY. DISCOLORED PAPER. Elie• s.. Airekii Ilk% h' litiiiiiarat-' ol _; �AIMININ h�� As 7■■Yd■■EaME - MillhJ u r i���II� TrilliMillim-41•17:1171121114111 ��e �� ■ itMUIR VIII 4■■EP,triancauEIl 3411954VIITIIImmiimumriiiM IIIIIi H�..1■ iiii MINE mill ■■ ME ' p I OMB AffiMact 1.0 rrailIFITh'ill ■ ��- _ �b� mime,. NNIIMEIMICIIIIIII M■■■LIE■■ �►lEtilIMMINIRMIWIIIRE - thrill _ . AMus a INO IINIII /1 magmmeonm ■ _gnaw Ems =EREibiNIIMIII !Ai1■ �I■/' ■! ` i ■ lijaill ...e. al_'i rM 1■EFIbi n 31,11ammum11111Lair En mu fillgtilliiirai iiiiiirmaililigil im.ACEN 1-iria in in 41141 immingainima lit It 4!Y �` �IAll iron iE �1!■11 1111■l1rr a mati1IlffERIM! ■� etimga4 ■■ ����•�/l/.. �r�■l111Q:i■■■ 1i ■ . �■�Ilf��im�NI.1■C! � i'�tE■!l ■ Le` 'E� I!�!iN ours �■■1r■a. R .., d r l. - ® �.RwMA _ _ _,:.ate r... r.�:'4• !'P. -) y.i Stiac (ice. 1tl. aF ry .4f S3. �a AR,1.97461c. July 10, 1984 Lela County Merit S Reco_c1ar 915 10th Street Greeley, C0 83631 Gentlemen: In accordance with Colorado Senate Bill No. 173 (Par. 9-1.5--103 (1)), please find attached a map showing gas pipeline facilities existing or under construction by Associated _Natura? Gas, Inc_ in Ueld County. This map superaedes the amp furnished 9-22-83. For exact location of the facilities. please contact Mr. E.F. C.stron. Vice President Operations, at (303) 572--$1302 in baton. Colorado, or contact our Denver Office at (3O3) 296-9645. S inceAe ly , 712. .1_ Richard Powell Attachment cc: J.C. deGtaffeasried E.F. Catrou Scift 800 • 1401 Severatesie0 *reed! • P.O. &N UM • Cabral. 80217 303,1292-33.3 a PI —UNE ,- �« .l.tati �. i .4 tor.e. -w< . 2 1 � .� _/i ! \ . . At . Z; 4 15 ' G,....p,* p " „ 1 a,` 1 v. - ' ti. 22 +, ^�� s_ " as__r� �� .y roe a +:: �dt] „ of M k 1 i c SoSSi • • `w w 64W . R i'"41 4 t 14 i if '4.y, —•. .....-iii7,1 - - ir e.. "Aim, :,m r �# t.4,01.--:;7. :� x,4 i Sall T .ma. ALs$+- t.r.�tr•-rarc-, mil ez its sv0 ss.y °` grits 1' spry,. ai.c�rr�..-.sErII.lE 51�'�a ' - 1Ws 'gr; +"" 4 °'rte ,1;.7,^sw i s!. Ilit,1 X = 7!11AKA ;. `€''1.,,�-;-., 7� , — ► { 7r' r t to a diao ti1114 $ "' • s r km _ = ,1,..t..Notritt-:-.*t 1 'OS A N r 4 vex er+. f. -Zak, . _ a. , y....—•�a�.-- / $64o.ea - — `4,. oe r,• � f .4604 ; i Str r � A44:„... I Pt LI ME 6" kik! .1 PIPE LIME l" i u - r f=. .s - t yr.;a,es. wg w i e 14 i if '4.y, —•. .....-iii7,1 - - ir e.. "Aim, :,m r �# t.4,01.--:;7. :� x,4 i Sall T .ma. ALs$+- t.r.�tr•-rarc-, mil ez its sv0 ss.y °` grits 1' spry,. ai.c�rr�..-.sErII.lE 51�'�a ' - 1Ws 'gr; +"" 4 °'rte ,1;.7,^sw i s!. Ilit,1 X = 7!11AKA ;. `€''1.,,�-;-., 7� , — ► { 7r' r t to a diao ti1114 $ "' • s r km _ = ,1,..t..Notritt-:-.*t 1 'OS A N r 4 vex er+. f. -Zak, . _ a. , y....—•�a�.-- / $64o.ea - — `4,. oe r,• � f .4604 ; i Str r � A44:„... I Pt LI ME 6" kik! .1 PIPE LIME l" i u - r f=. .s - t yr.;a,es. wg w i e a vown._.nipi•. Oen.. s,,,100•,...,.01•. € a WSW Mail. v► �w.x E a.70 fa M. • law V'"lit t 6-4!/ 6 , PIPELlIVE 4 „ if. f.'; PIP141Ar 5 L'; PIPELIAJE '0.'_.3:.X1'. 1 /N7.- E P/Pe -'.4-k- hti;e &ATTER Y -A_ .nip .1A- -.. w .'�1.• �. F � ..e. ,'sa ate. 67 R i H. ,igo,. .< F a MERSEY A ' SITE N AR21327D9 G; r B 1187 REC 02132709 03/03/88 09:42 $23,00 1/003 F 0797 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO • NCI 645 ASSOC«TE5, INC. February 23, 1988 Weld County Clerk & Recorder 915 10th Ss• -eet Greeley, Colorado 8001 Gentleman: in accordance with Colorado Senate Bill. No. 172 (Par. 9-1.5-1.03 (1) ), please find attached a map showing gas pipeline facilities 'existing or under aonssintion by Associated Natural Gas, Inc. in Weld County. This inap st.Tercedes the rap furnished January 27, 1:987. Far exact location of the facilities, please contact Mr. E. F. Catrcn Vice President Operations, Denver, Colorado at (303) 292--3331 or caant.ct Trigon Consultants, Inc. Denver office at (303) 295-9645. Sincerely, Michael J. Quigley Senior Vice President M1Q:ksd Enclosure cc: J.C. deGraffenried E.F. Catron 9404 SEVENTEENTH STREET • SUITE 600 • DENVER, COLORADO 80202 •.(303) 292-3331 MAILING ADDRESS: P.O. 8OX 5493 • DENVER, COLORADO 8©217 wpf.4�044..: Wf• P 1197 REC 02132709 03/03/88 09:42 $23.00 2/003 F 0798 MARY ANN FEUERSTETN CLERK S RECORDER WELD CD, CO R 88 W R67 W R68 W I offal�� ��®Z®l�i ® 3335 ' Aw II Ill 9 ling1111 ` I r MI� as M - . -- �t e .96 �1 _ ■ & ■ 8 N ,91: IN E ■■ _1 1111 - A .111 © d IN LE ' II III as 'a ■ I�� - -d ?lo NEN Iva „.,.,,. \ i 0 m Ilk,�R.. mom,„........... ME . plowationsin mu sumispitimm, NM 0 1lir' ;', I SRI01 41_ � e I a! Milo - r 1 " ion ��►�r 1....I. ,�ilii011111E MIEN ma MEM ELIE ---- `IL 0.i�•�"'� , ` - - ; ' - Apwspalmer tiffebiAllial It I I �will � RIMINFAMMilii o ni IME I1 0. ril ion`4111 . EmillPITELtaiLloiv i ! mmmi �!� i+9i7 Q mom �fis��m'' t ppa 41111111111111fil 0ll141 AIIIIL. I _ , • `„ iii' / e T 6 N T 4 N B 1187 REC 02132709 03/03/86 09:42 $23.00 3/003 F 0799 MARY ANN FEOERSTEZN CLERK s RECORDER WELD CO, CO R 70 W T 4 N 1 T 5 N 1 16 21 ELLOV/STONE RD. --L—._.- 8 ' 10 3 WOODLAND RD. y--,._..._...__ ___1__ FLATIRON RES. 27 I 28 22 VERMILLION RD. —{----- 15 4 ...__..__.._..._L. i 22 18 17 23 26 24 23 19 30 BUCKIn C.HAI, LAK( Th 90EDECK LAKE 20 5 8 20 211 35 36 MCCALL23 LAKE -Ta BLUE MTN. RES. 51 f� r 12 13 24 7 IB 19 f R 'IMER' BOULDp HIGHLAND y, r 5t"BOOlf.__ RECEPTION __1_____87_ - -----------^-} h �,�' ;tea.; MARY ANN 7-.EUERSTEN, Clerk ord Recorder: `!t'cEC Count/. i;,rnrir i —- sy FANEANDLE EAET,'LRI1 CO: -,ANY CONCERNING UNDRGROUND FACILITIES Pi-aSUANT TO SEC. 9-1.5-10'4 (1) f:9S1) Pez.su--__ to C.R.S. Sec_ 9-1_7-'(13 (l) (1931), Panhandle Eastern Pipe Line COO 2E_^ 'elere y' �ives n'otLice of _L__£zt 4e4wvu: 1. Panhandle Eastern Pipe _.rke. Company owns and maintains underground facili- ties within the County of weld , State of Cclorado, for the purposes pf 'rT�,1-4m2CC-nn it-p� ���₹•�s SvYiva".i of natµra/ gas. 2. The general description of the ,area served Parham eastern Pips Line Company within the Count; of Weld and State of Colorado, is as follows, to wit: See attached or accom anyin? sys«m nap and fiat of sections, townships and ranges. S. 'Notice is given that Panhandle Eastern Pip= Lima Company may placa ad- dit oral undergronmd facilities in the fntnre any —.here within its general service area described an paragraph 2 above. 1s. Anvore concerned with the location of the onders_ound facilities of Panhandle Enstern Pipe.L--1Q_ Company within the County of Weld. . State cf Colorado, may ohtala necessary information regarding the same from the following perso, Or peMsons. Name: G. E. Myrick Job Title: Area Superintendent Address: - P.D. Sox 127-.riYnton. Colorado Telephone No.: (303) 659-5922 4s further given that in the event said ne longer employee or reteined,TCo tact Should be made with that individual who occupies that j06. title with Panhandle Eastern Pipe Linn Company, Sit-NED AND SEALED this / � day of Adidiv , 1981. - �1. / �: .: . Robert J. Clair Rig t--Df_Wa-y Supoxvlso_ STATE OF COLORADO COUNT CF �.✓,3711Y ,ge foregoing instrument was ac'frx7ledge427.re_oan .� Lhis f �7U elites , 1981, by Z'Y,=a ().AJriv Dlot�M„a?ioe Lin.- Company, �4 h ., . y �A` , - 4^S� S-jlrtY a rs r.> ...n,- 2=:`�T ocficiai Srca J U Ct\r " \ �' Cf ..• Ny Cc m ssior • � o.;751i r X `,?7 a L- f , r Nv�}c_ of General Description Page -_- gag 3O.0 -K ............... RECE?' € :vim--«......«-_...-.. ........... Township 1 Ivor__ - Yan e 65 Wes , 7, 18, 31 1 North - __-_.ge 66 LtieSt Sections: 1, 2, 3, -:, 5, 6, 7, 3, 10, 12, 13, 14, 15, 16, 17_ 18, 19, 20, 21. -2, 23, 26, 2,, 28, 29, 32, 33, 34, 35, 36 To:'nsrip 1 `'.Drt ? Sections_ 1, 2, 2, 5, 6, I, 8, 10„ 12, 13, 14, 15, 17, 18, 3 2 2n n 76 . C J 1�7 , , LL, t, i s / �F_ t_; r ?7 7 — s v Z , s 30 V, '., JL, 3 -i .., 34, 35, 36 Township = Norte - Hene 68 West Sect=ons: 1, 3, 6, 7, 8, 1C, 11, 12, 13, 14, 15, 16, 17, 24, 25, 36 Township 2 'tor`^ - Range 65 :test Sections: 6 7a 18, 19, 30, 3'_ i'oi7 Sh 2 North = Range 66 west Sections: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 56 Township 2 ]4orth - Range 07 West Sections: 1, 2, 3, 4, 5, 6, 8, 9, 10, 13, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31; 32, 33, 34, 35, 36 Township 2 North - Ranoc 68 Nest Sections: 1, 2, 3, 4, 5, �, 10, 11, 12, 13, 14, 15, 19, 21, 22, 23, 24, • 2_, 25, 27, 28, 29, 30, 31, 32, 34, 35, 36 Toy nshiD 2 North - RanRe 63 West Sections: 5, 6, 7, 8, 9, 18 Township 3 North - Range 63 West Sections: 19, 21, 25, 29, 30, 32 Se _nop.... 6, 18, 19, 30, 31 T Curr ch Ztr 3North's ]73.cn�-e r �0 West A_7 Q Notice of General Descr ?r o Page -3- 177T3) rOUNT Township 3 - 67 W=s Sections: 1, 2, 3, 4, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19; 20, 21, 22, 23, 24, 25, 26, 27, «a 29, 30, 31 32, 33, 35, 36 Township 3_North - Range 688 ;nest Sections: 1L, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36 Township 4 North - Range 65 West Sections: 7, 18, 19, 30, 31 Township 4 Norte-! - Range- 66 West Sections: 2, 6, 10, 11, 12, 13, 14, 155 ?9, 2€}, 22, 23, 24, 25, 26, 29, 31, 32, 33, 34, 35, 36 Township 4 North - Range 67 West Sections: 3, 4, 5, 6, 9, 10, 11, 12, 14, 16, 1, !7Y 20, 21, 22, 27, 8, 33, 35, 36 Township 4 North. - Range 68 West Sections: 1, 10, 11, 12, 13, 14, 15, 23, 24 `township 5 North - Range 66 West Township 5 North -Range 67 West Sections: 5, 8, 11, 14, 15, 16, 17, 21, 28, 32, 33, 34, 35, 36 SEAVER CREEK NOURr,r WEER 7 tO IS IT 20 30 29 31 ,TO le 31 ' ?1 IS G 21 22 • n CCIUSTWATOM ed�Pa 3+x83ILIRs t 1 :Tv'iAProiscom psi _ �F ekod.re illdMM iPa39N:443 t9owRsa !Am ejelmeet me�d MS FPS W ^-$r19.C�ian Tea >C GOLD HILL N. 33 1 3e R 17t fBl • IT pE BUTTON BOCA RES. PS SOABGERVILLE =z: CO GE 15 i=UNCTIOh- ---- OI-20 b FURCIOld-- (0,-20 9 ;UNCTION --'9-4 -3• ExIBT �i$ Y�✓�k L3'1� PROPOSED Pi PE,xE - - - S W a5 Er 7 i0 6 I if crOMS / „ I 2i s I��i 3 K ! I I J J I � i 3{ SI 4 l �N I )) fl 1 r - -2S , 2f BOULDER T 30 i 1 3E I TaO:E YOrrNfalR ANTENNA FIELO� I r1 SITES D -15\ ("1 3LIST 491.11 YaCLET jr) AESERVOIN �i'c 3a BOULDER METROPOLITAN AREA I t SSSi11LE PEBERVOIR DNS 7:.srtiiLG REDERWMR LEFT NAND VALLEY RESERVOIR • eowsER RESERVOIR MESA RESERVOIR SIYKILE RESERVOIR .0 ER JPOLITAN 1 C 1V} LoEE HYGIENE CLOVER 9A5": 2�1 RES LAGER WR RFS I4 q vLLVOMT r, � I COUNTY COUNTY FROPI1I ESE R♦<fOtvOIol. R-..� DRVATAL �f LARE TERRY LAKE a 357 6 K ERTL" - s (:�LT*iv YS V TILLER LAKE ND S TELLER LAKE MAKE .ARE .COLORADO d SORTNC5 art LONG WINKS LAKES 2, NINEMILE COP,ryEfi 33 DIVIDE RiDERVOI.R A �� 2S 25 PARIAMC ',F-6FvOIR NO I $60T 3s "( . SDl6i04 52 33 35 4 to Tana saa g bit A- gm�Fpw ` �b5! 4} I ! RDA, CT -nIIONGSN a =r9: CANFIELD T11O`aAS ELLDRODO RESERVOIR RE5ERvicIR ti`s "OM. LAKE NO -E 26 25 ICIEIlIE �� LY6RF£LL i LaKe Axes FRTINCE LAKE NOl LAFAYETTE 56 ° 3' 9 1 I r. Io E I.ARE� 9 IP MEAD IG a GREAT KESTERN 65,- ' --tz AOR o ONION PACIFIC 34 33 o_QI o_ '(Th 40.00 PANHANDLE EASTERN FIFE LAE >,:OMPA,:T t.:11-% i ribvi ae1 ai • .LE reL v 657-4.• '' I� / g IT 22 2T 1 825-8" 353-9" - -ir ; GRA:iNtd -� 2 t,Pn� 4ih I } f+Re*1�h+-o- 4 -71 4 .6w,..[ a 2 A —FORE 9-reC-3' (REriRED Irl P yQf�;gn,.,y lk -1 7: J+ a O+ 13 5,..05144C'N i a# � 4-457-3e 4,23-4 i E i 7:o0 kti-ROCKk MT C- 7‘,.... I,4-iC1 O7°1 -ISO -3" a - Ril K., aa, _ c�+'. ;-^"r",. Fm&s• ,v; Ftp! 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SE 12 1 2E 1 1 I I HUDSON f 1 I t l s j 9 1p 803 11 I 12 I 7 B 5 € IV r s. ,8 li 16 t � x I I'l 4__,5 -FE 2, I4SER-, S I a.� 9-ra-G'•-293-SI 1-21a-alea-3- I i m + 1-214-6. i IS 1 14 I 13 19 I .7 ` I 1 16 I 1 I 6 , 1 " 4 Set 3"I ./. 2 •°DECD 70 / 2 2l 19 `13.P177 a-eRo M_I 1 I ' '9-3:0-3" I i I e 22 23 25 13 l 20 i I 2 , I EI I� 6 ',y t2� '•a.4 y, 1 I P-y16K2RtN0 19 36a-3° __ E 29 I e_ I G-nitesn-iI � ` 9235- 3"] 22 26 25 I 30 I ; r 1 29 25 E 3 4 A.- I la62-°-1-1 1c� a � A x. r....4.i n c`S -t39-e ,s_14L 973-aa9—H- l 3A 35 ! 36 31 �32 1 .3.5.d ==z, - 53 3v 32 I 1 o 11 / �; t € I NORSE CREE ," i 1 1 1-RE-gcRYOfp { I ' i T 1 39 4I •t3 45 43 Si 53 s≤ M"."-----Re-WI—Pnagazaaaimum a 0 1 K.,01 PAikin-A n n� i a r _ 8 ' I [I •-xROv6M -' 9 - w 10 12 22 I C* -1 I ! 17 16 i9 i4 13 2 � ^� 2O gi 22 23 24� - 18 29 ' 2 I GT�µ Rt w 4_ 29 (•g�kF'4N B BOS 6 M� axe rxr xa°e A /- 26 Q KEENSBURG 25 I j J sz I _ ,e 33 i 34 I 1 35 I 36 ! I I.4-- iI 5 4 J 2 52 IT 20 29 53 9 15 21 10 15 22 2S 27 e LE 5 0 IKILOMETER 14 23 PROSPECT R£58R ✓Orp 12 13 2 ip 15 f 24 25 5 PPA+r6HAit.ini f• P,A�TERN PPE LIP= ism 36 E 25 2� 22 70 a 12 IC 3 4 2 61 53 32Creals ic•^T 'TWA wing la bans an Lr6"°.ct OwK5226 Con INgarcNpn tar Ss 1baaG .22,59221,503s 6326.a.e aa�+d-!c X33 ees�ge.:. 7Rb 612662617116 c3e ieenee6 heel and sii cordials b IMK..' _ gamy Os5w and Stet Rcee . x°°69 Gape :�6Lr6L we Vase hew we 5 theR,I,=yQ L rime2@R!{ vapid carmen and arke r1a.�ywlrR ,,"5,--!--,e7.7 32 31 i J12 - 35 .RI 36 63 w°e .,..V• - X Y. .4 a.. ^_•.- S. 32 I i I .� ,,. 23 — •• Y'&n,,:_"L,i'� •• 3G 82 Toi 34 "N -s" ss i •.%W,e, '&". Tf3r I 16 «� i . ,,,yam. - 33 R g 6 _ 4 ! 2 a Ia s I 4 s Y r 6 6 I 4 t t 3 a 9 10 • 2 T a a .626/'21 ,teals I 1 {{{ I e .. ` /3 GI iT 16 IS 14 15 i6 I '6 1 is 26 13 ■ IL T 1r 16 24 1-59 .. Sabel 4 -3 �3"s0' 19602-5 20 21 mule, a6T5-6-1 22 23 26 I9 20 R1 � 22 23 ee 3 - 1 di:a � a 1 f 4 to v 10 9-556-5- a IW i_4�,�a 9 , `f 26 c 27 26 27 '--.. \ 20 C4Sl m , 22 n 26 �� aE 6 30 z-. 26 1 ib2 a"1 .1 3 595 N tI35 I x°i2T'LL I ";Z I G 33 34 - y 56 31 32 33 1 37 36 32 32 11 1I+ II —' d, , G-551 3s 4: 5252. A I 5.C -3 /- 91265 5.2316 NORTHER M � � �--I 5 I • ROGGEN 5 E 3 Y� 1 6 3 2 I I I 1-3 7- 4- Iggx-4 YsI^ J.L.i51E/ 66662,5 -19 537 2 075 J 62 6" I " 42 x Q B 9 TO 31 12 T a 9 " ,(( 6 i0 _, 63 ' u 6 ,a 14 13 .e •.. 3 a . 13 1a 2 .1 K r3 zo ze 23 za � n za 21 a u za S 1s zo ! z1 .• 17 ;.. ' 2r xc zs 30 2s 22 a 26 Z 39 rs ss 36 31 32 32 Ss 3y 31 32 33 34 yy 1 36 31 ' 32 1 I- i 31 26.0 9 RE3E9W0�9 N? )_ t4 VI/ L/14i 1 3 r l f i 1 -6 y a 1 3 I 2 (1 I 6 r of 6 4 4 2 a t6 I a` 0 13 1T 16 n 2C 19 20 21 22 ze 30 2 23 26 67 sa 31 32 33 54 67 PROSPECT VALLEY � I r a 9 . ..1.....1 12 T } 9 ,4 13 2 r .6 I 15 14 3 _ s / ' n 15 23 4 19 2G 21 I 22 S] 22 I '6 20 L1 26 ) 11 25 30 29 __ I , 566 VS V � i � -- 2s I I - 3a 5. 3s � I 33 I J 36 I a6 �"f _..../.....56.7.2 r 3 Lx N ) 55 „ _ 32 3 it .• i I —I-.6 73 544D CREEK L•-iL CODE 16 sUk CTION - OI 20 4 692CTIO2- - 19 FIACT'OL - 9-0'-3 EXIST'kG NPELME °4^POSED PPEL INE - 75 I L COMANCHE cares S] 69 91 aDatte 004267 34 3i I 22 33 R0N Ti � t at.R5720102 , r J -F ` 3E 5 � 93 i 34 F Ieo _ j I �� ' 1`T I - aJl r 6 s ! • 3 I . 3) \ 4ILN I� 2 r es 5 c ■ . 10 I I @ T 8 9 ...0 ¢ I /, I 8 13 T i^ iT .4 S M I3 .6 il. 16 IS 6.1501153 I! II IS I 16 iT 3 H I_ — - 22 .. 26 ry iY 2i - ca 24 zp 00 • e 3 32 M se 27 n 27 D at n 2T 26 25 36 i ili za 34 31 34 33 3r1 2 3. Q 33 34 36 31`c 4 32 ' I`, �` ale C 1 F 3 2 I IT 6 5 4 3 2 /' � 8 1 i I`g\ 1 6 3 e IE 1 7 8 4 10 ti _ & 6 9 10 II I i2 } T =I / 8 .� T is 1 IT K (1 r i9 14 l3 r8 r] i6 IS 16 13 �17 e f i _T\1., Z. 2 19 t0 t1 x2 23 t4 is LG I` LI Y2 28 ! 24 �r fi 19 30 30 2• 27 26 23 30 23 I 26 27 tt� 25 30 29 36 3. 33 3R I 36 36 1 3 32 f I 33 34 � i 36 h 3I 32 I b 0� S 4 lJ\ 4 3 2 f 6 0 I 1 1 4 3 'I (1r ? 2 el i }} ]]I � yf 8 /i /� 1 12 7 9 IG . 12 i B 9 10 lyl I ` n t , - i3 4 IT is IS 4 I3 r re A I9 4 _ � _ �i ,I)8 IT if i 24 / of j'l Is 20 2. 22 73 26 S r9 20 R (gr."; JJ��)) - z3 ?yr� / %/ / is =9 i g al o ta 2. 22 22 20 v f6 La I t6� 3 !� �� TR 31 32 n 34 38 34 31 3t 33 34 I 59 rrji1 i I7. 3' I u4 (.--V � p s c 25 0143.11262 CREEK 37 Ea 91 3C=2S COON Pr AMTIELOPE 04222 PANHANDLE EASTERN FRPE LINE 4ArtiiPtl SCALE i $ 3X3 .a i•3a rvws e�'iIX`6- _ -- —"_ 4C/' r0 RIJOV CREEK 9i.0P CRECK *7W O4.x` 0,18-:.5cu AR2023390 B 1082 REC 02023390 09/03/85 16:09 $27.00 1/009 F 2025 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO COLORADO INTERSTATE GAS COMPANY General Description of Underground Facilities in Weld County Prepared by Colorado Interstate Gas Company August 30, 1985 B 1082 REC 02023390 09/03/85 16:09 $27.00 2/009 F 2026 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Reference: State of Colorado Section 1, Title 9, Article 1.5, Colorado Revised Statutes 1973 Damage to Underground Public Utility Facilities General: Colorado Interstate Gas Company (CIG) is a Federally regulated natural gas transmission company which owns and operates an interstate pipeline system for the gathering, transmission, and wholesale distribution of natural gas. CIG's primary markets are distribution companies along the front range of the Rocky Mountains. Scope: This document, in compliance with Section 1, Title 9, Article 1.5 of Colorado Revised Statutes 1973, contains; 1) the name, address and telephone number from which information concerning the location of underground facilities within the county may be obtained, and 2) a general pictorial description of CIG's facilities in the county. NOTE: These maps are not to be used for the purpose of locating facilities. Notification: Any person requiring information about CIG facilities in Weld County, Colorado, as per Section 1, Title 9, Article 1.5, Colorado Revised Statutes 1973, may obtain such information by calling collect or writing: Colorado Interstate Gas Company 2951 Chambers Road Aurora, Colorado 80011 (303) 364-2631 During evenings, weekends, holidays, or any time contact with Aurora cannot be made, contact: Colorado Interstate Gas Company P. 0. Box 1087 Colorado Springs, Colorado 80944 (303) 473-2300 CIG will advise the excavator of the location and size of the facilities. CIG will also mark the location and size of such facili- ties if necessary, as required by Subsection 4, Article 1.5-103, Section 1, Title 9, Colorado Revised Statutes 1973. .110LINCSOtX,IClur/aHi S'AC.MCfv7412(de ,,�;. Rfiew ..i /Lt • 1 ` 1 Z i I r•� ••'AOOYES ORmounts /Pi ms+rCJllfHrAR£A• , 8630, '. i L I I'I V t !i S��y }•ir.www�rw�.cv - 4rw.yc' 76 St + 1 I 'I I . . F •[. 4..•. 1 r 'I rws;.-'•••••••••1.1••••:...1"....4,:•••••-7.!' , ' f L ,., 4.7 • ' t: wit wjr�' • • 1 ` •': %• `I- I • row; 'j " :" s Sr,•• ' .441444. i. .a _.,ty-� a� ihwiiZwwwrw•�rL•� n ..) r • h• 1' .,„ • f. r ..I .1 I i' i.:44,...t.i. 4,• '��`t SS ..1 i :{� wi .r' o r 1 = t : i�Grsi + A D A X61_•c k$ a• I` R6Sr R65M R6�r! lI_ • MArcr ro Ao.no r • • • • • more'! ro AOAYS 1. ,.-yArmroADArS! �"• �•.•j Is�i..•�• .L • •-.-rr- ;�•' j ..Y�s: w•�rwiy Iws:��i.i!- �� 1 ••� r�•� • �[. ►�!. 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WI C'JeSICW 4'JC,b'- 11 }I I +� ! 1j I' \ „1 �� I rF.Ke[rSEaJ6'sfL44`Nr.-r17L`-�, 111/ . - `I ''.L C N d L K I� B L L F E S. 1 '4.4 Imo. 1 { { --+�- t-.•.-,, I `---" f ` ;JI ,_-?.4..r..„-:.\!..,,I-°I, y1 w• I rlt TIIN 6. ct ,U ' 11 1• P { J 1 !+il ` ; TIIN1 ;l I I == 2 ., • �♦ I, .� ,,. •• a i. r.f!`-�'� 'r �i. I �, 1 �a, I \ _—t_--cti Si'' i �,' 76' 51 i I' r. ll L ) Si 3 i • f ,. _ .-_.+_.,:_.....!—____Y•1 _-- -- - --- -{--.. -_ ;w 'r."17'''_w.yp:,:.,. .....r.--)L-4-M w iii '}-r-��w�r'=-- I.• •I I .F.-. - I ! • ...-...� • gI . I 1 I ` 11 ( I I I L' `, wr:sllwww. ..-� -- - tip �_s 1.7140!.1j -'-� - f'o 0 14. • f I ; I 1 �� `� •04041.1d n,.!,..� 1 � �TI?H- :`I c "1 I i 1 COLO. WELD 4 REVISION 3 4/2.4165 :MO trkFSOR fitrutifSW IWIADAtF ? kW... R 64 ROW Pi i LLt. AR2004304 B 1063 REC 02004300 04/02/85 14:2.7 $3.00 1/001 F 2182 MARY ANN FEUERSTEIN CLERK RECORDER WELD CO, CO I T 10 N T 3 N B N T 7 N. T a N 7 -5 N I •4i •. f 67W A 6,5 W :1;64WR 63 k--:. Description of4rea • WEST #N : OIS _ uniiirerauajaru'{� M flit �; tbehal e" � S.9.l.Sw0 e -s, incndeFA • `'TkiS•G6NERff�4 h `•- eppr0xitnat87 7 7:7-trcier,,,trpitnd #ate QefDre"ex avatirl s. -- contact �. ; •4e k;ixgll •• ge3 7 a'f tl►,0 •••7.1. - • r -a• aliir' t asa.aaa8 uwtt : • W fKr eut raaau :MAW' r CRirkrro 1 rii •ofW�s'i -� theiincl `7;4/4 J.: J•a— ...,, '-7 _._._.—s tr t- r' -i. -. W:-- --g 61 W nd'facii4er �..e f r .L Y • 1 • I o!•—• .: .. r• ..: • i • •-P: :. - :`.:.• • • i.........-......L. ../- . • ......,1/4......„..1.,..4.....#-..' ....... f . g •.''i, 'f ' .- WELD t♦ �Ng Wad f. . swu f&Gorfio fait aaaaw r R 68 W R67 W. .R 6D -W. R 65W. R 64W--; .:,..: • R 83 W :ROW W f 161.W. • Pl en ;.. wMii t .reiaatwc 1.•••♦••.• r • 'i . no. r� . i 1 . �1• e, tai •1 • ; GUMS atlas a Zombi:00 ilalfia0.1+ ; . Mwbwtl IOaawf Ifyaet f1�Ni/ i a: twain :...• } ' ....7 . • ! . � f • "' • f ..,'•. ,f ..- "1 ' -fi 4. i s.1; L 0 AR2164975 a[LAcqu 1031 I!6- y 11O B 1218 REC' 02164975 12/14%88 10:38 $3.00 1/001 F 1925 MARX ANN FEi1ERSTEIN CLERK & RECORDER WELD CO, CO (1/ta.in cSa.nitatian L ip M icf r WaincSan� December 12, 1988 Ms. Mary Ann Feuerstein Weld County C1'erk and Recorder 91510th- Street Greeley, Colorado 80631 Re: Information on Underground`, Facilities Dear Ms. Feuerstein 600 '5(imLari cslts�t cStite p -Conymont sogai Pursuant to Article 4-1:5-103(1) Underground facilities information to be filed with County Clerk and Recorder of Colorado Senate Bill. No. 172 approved June 10, 1981, the following is provided: St. Vrain.Sanitation District owns underground sewer lines located in: Section. 31, T3N, R67W, 6th P.M. Section 36, 73N, R68W, 6th.P.M. Sections 1, 2, 3, 4, 5, 10, 11,•14; T2N, R68W; 6th P.M. in the Rights -of -Way of: Weld County Roads 9'3/4, 11 1/4, 24 1/.2, 24 3/4, 26 Turner.6oulevard, and crossing: Weld County Roads 3 4/2, 5 1/2,'7(A), 13, 22, 24 (twice) Interstate 25 and Fast Frontage Road Colorado Highway 119 (twice) ' Locates can' be obtained by calling,the.Manager, St. Vrain Sanitation District, 600 Kimbark Street, Suite S, Longmont,Colorado 80501, telephone 776-9570 or 776.6267. Very t1ours, L. D. Lawson, P.E. Manager 5' LDL:js cc: Alan Miller Weld County Utility Inspector AR2049038 B 1108 REC 02049038 04/07/86 15:33 $9.00 1/003 F 1402 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO FORM r1-r1rr-471 PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF TIN MOO and MORE the receipt of which is hereby acknowledged, . to be paid after s surveyestatillittii4 the rtes oithei iris has beet - compieed, and before consin,cdon is commenced, u Marie sGalloway• and .T:-zrWeslep taaSloWag- in joint tenancy hereinafter referred to as "Grantor" (whether one or more), does hereby grant, sell, convey, and warrant to Natural Gas Associates Inc.. a Delaware corpotatlon, its successors and assigns, hereinafter referred to as "Grantee". the right, pmrilege and easement for the pw�e-from time to time of constructing, operating, inspecting, maintaining, ping, repairing, replacing. charging the size of, and rem @ .pirliniftfkieirnea. or other appurtenances, for the transportation of a7, gas~ petroleum products, maxand arty other substanceswl i substances dtpr'latd or soild,'aly'goduds and derivatives of arry tithe foregoing, ernd any combinations and mixtures of ary ofthe towing, upon andakeipsrtr�rb boa keOrid try Gnome on, and through the following described lard located in Weld Courks-el Colorado to =we The Southeast Quarter (SFr} of Section Thirty -Two, in Township "Severc f 7) North, Range Sixty -Six (66), West of the Sixth Principal Meridian in Wela-Courifg, Colorado: Said pipeline easement being more particularly described in SIT 'A" attached heretau and made a part hereof. .r • • Section XXX Township K0C - Range XXX , together with the right of ingress and sprees to and from said pipeline or pipelines. or any of them. on, over. and arias said land and adjacent land of Grantor. It is agreed that the pipeline or pipelines b be laid under this grant shall be constructed at sufficient depth below the surface of the ground lo permit normal cultivation at the time of fiction, and Grantor shall have the right to fully- use and enjoy the above described premisn..: subject to the rights herein granted. Grantee shad have the right to clear all trees, undergrowth and other obstructions from the herein granted right-of-way, and Grantor agrees not to build. construct or create. nor permit others to build. construct or create any buildings. structures or engineering warier on the herein granted righter -way that will interfere with the normal operation and maintenance of the said line or lines.. Grantee agrees to pay to the owners and ba any tenant, as their interests may be, any and all damages to crape. timber. fences, drain tik Or other improvements on said premises that may arise from the exercise of the rights herein granted: pra tided, howevec that after the last pipeline has been constructed hereunder. Grantee shall not be liable for damages caused on the easemerd by keepirng said aasentern dear d trees, undergrowth. and brush in the exertise of the rights herein granted:Arty payment due hereunder may be made detect tithe said f3ran- toror any one of them. -by the paid Grantsa. Grantor represents that the above described land& (is not) vented for the period beginning scike s' to 4.4n4AR N / s T , 19_,EZ. on (cash) ei) basis to ph Prior / sr - to a The leans, oorntitions, and provisions of this contract shall extend to and be binding upon the heirs. executors. adminisbabrs, peruse represen- tatives, Lives, successors. and assigns of the parties hereto. The easement and rights herein granted may be leased or assigned in shots or in pars. TO HAVE AND TO MOLD said easement, rights, estates. and privileges unto Grantee, ifs successors and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this Signed. sealed, and delivered in the presence of: l T " day of /7/.r f* c ,19_2‘ THE STATE OF CdL d .eA•.04. COUNTY OF W EG1J ACKNOWLEDGEMENTB 1108 REC 02049038 04/07/86 15:33 $9..00 2/003 F 1403 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO SS. Before Me, the undersigned, a Notary Public in and for said County and State, on this day pereondfy appeared /en 41t � ervdt4.efJA1, end T 6./445,4,e .4 Y ; known to me to be the person S that 7'Nat s' executed the same as widche free and voluntary act and deed for the purposes and consideration therein expressed. Given Under y!k My corm' \, � e • . - zm•A 1/0OG . ,. x . F • 'eObt& of office, this � r Q who executed the within and foraying instrument, and acknowledgement to me T A+ / day of s m ce 8 ACKNOWLEDGEMENT THE STATE OF COUNTY OF co s c� Notary,PubliC f s � Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person who executed the within and icxegokva instrument, arid. a�iinorrledperr tt to me that executed the same as free and voluntary act and deed for the purposes and . consideration therein expressed. Given Under Mfr Hand and Seal of Office, this day,af. ' My commission expires: • •a.a11a_._,•: ,,t . ' + - �'�• . Notari Public .. -.c - s+ w . c 2 i TMs.. z B 1108 REC 02049038 04/07/86 15:33 $9.00 3/003 Irmimmommomel • REC4RDBR.. WELD�C4.,��:�� :��..-nr■.• F 1404 MARY ANN FEUERSTEIN CLERKy.& o�. 1111111 Illll Illll 111111 IIIII III! Illllll III IIIII IIII IIII 3229031 10/20/2004 10:24A Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder WARRANTY DEED THIS DEED, made this 15th day of October, 2004, by and between J. GALE MOODY, of the County of Larimer, State of Colorado ("Grantor"), and RODNEY L. NELSON, whose legal address is 6312 East Harmony Road, Fort Collins, Colorado 80528, of the County of Larimer, State of Colorado ("Grantee"). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm unto Grantee, his heirs, personal representatives, and assigns, forever, all the 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 "Conveyed 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 Conveyed Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Conveyed :Property above bargained and described with the appurtenances unto Grantee, his heirs, personal representatives, and assigns, forever. And Grantor, for himself and his heirs, personal representatives, and assigns, does covenant, grant, bargain, and agree to and with Grantee, his heirs, personal representatives, and assigns, that at the time o£ the ensealing and delivery of these presents he is well seized of the Conveyed 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 the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT AND SUBJECT TO all easements and rights -of -way in place or of record; any restrictions, reservations, or exceptions contained, in any United States or State of Colorado Patents of record; all oil, gas, or other mineral reservations or exceptions of record; all zoning and other governmental rules and regulations; and general property taxes for 2004 and all subsequent years. Mineral Reservation. Grantor expressly excepts and reserves unto himself and his heirs, personal representatives, and assigns, an undivided fifty percent (50%) interest in and to all oil, gas, sand, gravel, and other minerals and hydrocarbons and mineral rights located in, on, or under the surface of the Conveyed Property which are presently owned by Grantor, together with fifty percent (50%) of any reversionary or remainder mineral interests, including, but not limited to, fifty percent (50%) of the reversionary and/or remainder oil, gas, and other mineral rights which are subject to the life estate mineral interest reserved in the Deed recorded August 5, 1988, in Book 1204 under Reception No. 2150547 of the Weld County, Colorado records. Grant of Easement. Grantor hereby grants and conveys unto Grantee, his heirs, personal representatives, and assigns, forever, a non-exclusive, perpetual air space easement (the "Air Space Easement"), over the strip of land which is legally described on Exhibit "B" attached hereto and incorporated herein by reference (the "Easement Property"). The purpose of the Air Space Easement is to allow Grantee to operate a center -pivot sprinkler system on the Conveyed Property, with the end of the sprinkler "arm" passing through the air space, but not actually contacting the surface, of the Easement Property. Grantee shall not have the right to irrigate, to grow crops on, or to make any use of the surface of the Easement Property other than to allow the arm of Grantee's sprinkler to pass through air space on the Easement Property. Grantor shall not: use the Easement Property for any purpose which would interfere with the operation of Grantee's center -pivot sprinkler as aforesaid. Restrictive Covenant. Grantor and Grantee hereby agree that the East 1/2 of the West 1/2 of the Southeast 1/4 of Section 32, Township 7 North, Range 66 West of the 6th P.M. (the "Restricted Property") shall be owned, held, transferred, conveyed, leased, encumbered, used, and occupied subject to the following restriction: No building or other structure, including, but not limited to, dwellings, sheds, garages, barns, or outbuildings, shall be erected, placed, altered, or maintained on the Restricted Property for a period of five (5) years from the date of this Warranty Deed (i.e., during the period between October 15, 2004, and octpber 15, 2009). The restriction shall (HF&M 10/15/04) g2:-..(22: 1111111 III11 IIIII 111111 IIIII 1111111111111111111 IIII 1111 3229031 10/2012004 10:24A Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder run with the Restricted Property and shall be binding on all parties having any rights, title, or interest in the Restricted Property, or any part thereof, and shall inure to the benefit of the Grantor, his hairs, personal representatives, and assigns. Grantor shall and will WARRANT AND FOREVER DEFEND the Conveyed Property in the quiet and peaceable possession of Grantees, their heirs, personal representatives, and assigns, against all and every person or persons lawfully claiming the whole or any part thereof:. IN WITNESS WHEREOF, Grantor has executed this Warrant •end —tire --duty and year first above written. STATE OF COLORADO SS. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 15th day of October, 2004, by J. GALE MOODY. WITNESS my hand and official seal. My commission expires: #4`J'C6r Wylie \ DARELLA L. BLOCH OF CM - /11 Notary Public (HF&M 10/15/04) " 2 - 1111111 11111 Dill 11111111111 IIII 1111111 III IIIII I'll IIII 3229031 10/20/2004 10:24A Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN J. GALE MOODY ("GRANTOR") AND RODNEY L. NELSON ("GRANTEE") LEGAL DESCRIPTION OF THE CONVEYED PROPERTY Lot B of Amended Recorded Exemption No. 0707-32-3 AMRE-3678, recorded October 11, 2004, as Reception No. 3226578, being a part of SW1/4 of Section 32, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, AND the w1/2 of the SE1/4 of Section 32, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, except a strip of land 80 feet in width off the North side of said SE1/4 as conveyed by Deed recorded July 14, 1905, in Book 221 at Page 208; Also except a tract of land conveyed by deed recorded April 25, 1906, in Book 241 at Page 181. AND All that part of the East 100 feet of the SW1/4 of said Section 32 lying North of the Northerly right of way line of Weld County Road 74 and lying South of the Southerly line of the Great Western Railroad, in Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. (Vacant land, no street address assigned) TOGETHER WITH all rights, title, and interest o£ Grantor in and to Well Permit No. 232626 and the Joe F. Haythorn Pumping System No. 1 (Well Permit No. 13083-R); and TOGETHER WITH five (5) shares of The Larimer & Weld Irrigation Company and three (3) shares of The Windsor Reservoir and Canal Company. (HF&M 10/15/04) - 3 - 3229031 10/20/2004 10:248 Weld County, CO 4 of 4 R 21.00 O 0.00 Steve Moreno Clerk & Recorder EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN J. GALE MOODY ("GRANTOR") AND RODNEY L. NELSON ("GRANTEE") LEGAL DESCRIPTION OF THE EASEMENT PROPERTY A parcel of land being part of the East Half of the Southeast Quarter (E1/2SE1/4) of Section Thirty-two (32), Township Seven North (T.7N.), Range Sixty-six: West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner of said Section 32 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 32 as bearing South 01°48'54" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2636.36 feet with all other bearings contained herein relative thereto. From said East Quarter Corner the Center Quarter Corner of said Section 32 bears South 88°59'00" West a distance o£ 264:2.65 feet: THENCE South 88°59'00" West alone the North line of said SE1/4 a distance of 1321.33 feet to the Canter -East Sixteenth Corner of said Section 32; THENCE South O156'09" West along the West line of said E1/2SE1/4 a distance of 942.17 feet to the beginning point of a curve. The aforesaid line being non -tangent to said curve. Said point being the TRUE POINT OF BEGINNING: THENCE along the Arc of a curve which is concave to the West a distance of 644.66 feet, whose Radius is 1202.00 feet, whose Delta is 30°43'45", and whose Long Chord bears South 01°56'09" West a distance of 636.96 feet to the intersection with the West line of said E1/2SE1/4; THENCE North O1°56'09" East along said West line a distance of 636.96 feet to the TRUE POINT OF BEGINNING. (Vacant land, no street address assigned) (HP&M 10/15/04) " 4 - uniirnin uiiniiiiuiiiiuin umuii nuum iiu ld Cnty, CO 1 of 51 6 R 310.00 03/08/2007 e D 0.00 Steve Moreno Clerk & Recorder BARGAIN AND SALE DEED AND GRANT OF EASEMENT THIS BARGAIN AND SALE DEED AND GRANT OF EASEMENT ("this Instrument") is made and entered into this 1st day of March, 2007, by and between J. GALE MOODY and VALERIE A. MOODY, whose mailing address, for purposes of this Instrument, is Post Office Box 210, Eaton, Colorado 80615 ("Moodys"), and RODNEY L. NELSON and KATHY L. NELSON, whose mailing address, for purposes of this Instrument, is 13329 County Road 74, Eaton, Colorado 80615 ("Nelsons"). WITNESSETH: WHEREAS, Moodys own the real property which is legally described on Exhibit "A" attached hereto and incorporated herein by reference, consisting of approximately fourteen and 896/1000 (14.896) acres, more or less (the "Moody Property"); and WHEREAS, Nelsons presently own a portion of, and following the execution and recording of this Instrument will own all of, the real property which is legally described on Exhibit "B" attached hereto and incorporated herein by reference, consisting of approximately eighty-three and 397/1000 (83.397) acres, more or less (the "Nelson Property"); and WHEREAS, Moodys presently own a portion of the Nelson Property (the "Moody Portion of the Nelson Property"); and WHEREAS, subject as hereinafter provided, Moodys desire to convey to Nelsons, and Nelsons desire to acquire from Moodys, all rights, title, and interest of Moodys in and to the Moody Portion of the Nelson Property; and WHEREAS, Moodys desire to except and reserve all mineral rights with respect to the Moody Portion of the Nelson Property; and WHEREAS, Moodys also desire to except and reserve certain easements with respect to the Moody Portion of the Nelson Property; and WHEREAS, Nelsons desire to grant to Moodys certain easements with respect to the portion of the Nelson Property presently owned by Nelsons (the "Nelson Portion of the Nelson Property"). NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Conveyance of Nelson Property. Subject as hereinafter provided, Moodys hereby grant, bargain, sell, and convey to Nelsons, as tenants in common, all rights, title, and interest of Moodys in and to the Moody Portion of the Nelson Property. 2. Reservation of Mineral Rights. Moodys expressly except and reserve unto themselves, and their heirs, personal representatives, and assigns, all oil, gas, sand, gravel, and other minerals and mineral rights located in, on, or under the surface of the Moody Portion of the Nelson Property. 3. Reservation and Grant of Access and Pipeline Easement. The parties hereto acknowledge that the Moody Property is irrigated by irrigation water which is delivered to the Moody Property by an existing underground pipeline located on the Nelson Property (the "Pipeline"). The Pipeline enters the Nelson Property at approximately the northwest corner thereof where a (HF&M 3/01/07) 1111111 111111111 1401 MIL 3460751 03/08/2007 11:56A Weld County, CO 2 of 6 R 31.00 0 0.00 Steve Moreno Clerk & Recorder surface headgate is located (the "Headgate"). Moodys hereby expressly except and reserve, with respect to the Moody Portion of the Nelson Property, and Nelsons hereby grant and convey to Moodys, with respect to the Nelson Portion of the Nelson Property, the following easements and rights -of -way: A. Anon -exclusive easement and right-of-way over and across, and under the surface of, as much of the Nelson Property as is reasonably necessary to access, use, repair, and maintain the Pipeline as a means of delivering irrigation water to the Moody Property. B. For purposes of accessing, using, repairing, and maintaining the Headgate and Pipeline, a non-exclusive easement and right-of-way over and across the twenty (20) foot wide strip of land which is legally described on Exhibit "C" attached hereto and incorporated herein by reference. 4. Binding Effect. All provisions of this Instrument, including the benefits and burdens hereof, shall be deemed to run with the Moody Property and the Nelson Property, and shall be binding upon and inure to the benefit of the heirs, personal representatives, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Instrument on the day and year first above wr VALERIE A. MOODY "Moodys" RMDNEY L NELSON v\ra. L_ • i K-) KATHY L.LSON "Nelsons" (HF&M 3/61/67) 2 3460751 03/08/2007 11:56A Weld County, CO 3 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO Ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 2nd day of March, 2007, by J. GALE MOODY and VALERIE A. MOODY. WITNESS my hand and official seal. My co DARELLA L. BLOCK . 6i .'a ires : //-/51-09 Notary Public STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 1st day of March, 2007, by RODNEY L. NELSON and KATHY L. NELSON. WITNESSµ ,, `. , � con -04' hand and official seal. �‘`��i`� FSfX1' expires: 08 No ary public (HF&M 3/01/07) - 3 - I 111111 1111 11111 111111 111111 IIII 111111 III 11111 Ell IIII 3460751 03/08/2007 11:56A Weld County, CO 4 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE BARGAIN AND SALE DEED AND GRANT OF EASEMENT BETWEEN J. GALE MOODY AND VALERIE A. MOODY ("MOODYS") AND RODNEY L. NELSON AND KATHY L. NELSON ("NELSONS") LEGAL DESCRIPTION OF THE MOODY PROPERTY Amended Subdivision Exemption No. 1030 recorded February 8, 2007, at Reception No. 3453984, County of Weld, State of Colorado. (Vacant land, no street address assigned) (HF&M 3/01/07) - 4 - 111111111M 11111111111111111 Ell 111111111 111111 3460751 03/08/2007 11:56A Weld County, CO 5 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE BARGAIN AND SALE DEED AND GRANT OF EASEMENT BETWEEN J. GALE MOODY AND VALERIE A. MOODY ("MOODYS") AND RODNEY L. NELSON AND KATHY L. NELSON ("NELSONS") LEGAL DESCRIPTION OF THE NELSON PROPERTY Subdivision Exemption No. 1084 recorded February 8, 2007, at Reception No. 3453985, being a part of the South Half of Section 32, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. (Vacant land, no street address assigned) (HF&M 3/01/07) 111111111111 11111 Fling 1111111111111 FUN 3460751 03/08/2007 11:56A Weld County, CO 6 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT "Cu ATTACHED TO AND MADE A PART OF THE BARGAIN AND SALE DEED AND GRANT OF EASEMENT BETWEEN J. GALE MOODY AND VALERIE A. MOODY ("MOODYS") AND RODNEY L. NELSON AND KATHY L. NELSON ("NELSONS") LEGAL DESCRIPTION A twenty (20) foot wide strip of land located in the Southeast Quarter of Section 32, Township 7 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado (the "Easement") described as follows: The bearings of one sideline (to be referred to herein as the "Outside Sideline") of the Easement are as follows: Commencing at the Northwest corner of the Southeast Quarter of said Section 32; thence North 88°59'00" East along the North line of the West half of the Southeast Quarter of said Section 32 a distance of 638.59 feet; thence South 68°01'42" East a distance of 19.49 feet; thence South 63°40'13" East a distance of 100.00 feet; thence South 59°18'44" East a distance of 100.00 feet; thence South 54°57'15" East a distance of 100.00 feet; thence South 50°35'46" East a distance of 100.00 feet; thence South 46°14'17" East a distance of 100.00 feet; thence South 41°52'47" East a distance of 100.00 feet; thence South 37°31'1.8" East a distance of 100.00 feet; thence South 33°09'49" East a distance of 100.00 feet; thence South 28°48'20" East a distance of 100.00 feet; thence South 24°26'51" East a distance of 100.00 feet; thence South 20°05'22" East a distance of 100.00 feet; thence South 15°43'52" East a distance of 100.00 feet; thence South 11°22'23" East a distance of 100.00 feet; thence South 07°00'54" East a distance of 100.00 feet; thence South 02°39'25" East a distance of 100.00 feet; thence South 01°42'04" West a distance of 100.00 feet; thence South 06°03'33" West a distance of 100.00 feet to a point of terminus; The other sideline (to be referred to herein as the "Inside Sideline") of the Easement is located South and/or Westerly of the Outside Sideline, and in all places 20.00 feet perpendicular to and parallel with said Outside Sideline, said Inside Sideline being extended or shortened to meet at angle points. To clarify the location of the Easement, the Inside Sideline begins on the West line of said Southeast Quarter of Section 32, a distance of 20.00 feet from the Center Quarter corner of said Section 32, and terminates at a point 20.00 feet West of the Outside Sideline's point of terminus. {HF&M 3/01/07} - 6 1111111 IIIII 111111 IIII IIIII 111111 111111 III IIIII IIN IIII 594 3608594 03/03/2009 04:59P Weld County, CO 1 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT STATE OF COLORADO COUNTY OF WELD Peterson Energy Operating, Inc., a Colorado corporation is a Mineral Estate owner or owns the right to occupy, make use of the surface and develop the minerals of the Mineral Estate Owner, underlying the following described lands located in WELD County, Colorado, as more particularly described in the leases shown in Exhibit "A" and the parcels shown on Exhibit "B" as they pertain to the leases listed in Exhibit "A", attached hereto and made a part of (the "Subject Lands"), to wit: Township T7N, Range R66W Section 32: The Southeast Quarter (SE/4), excepting reservations contained in deed recorded in Book 241 at ,Page 181, Weld County records: ALSO all that part of the Southwest Quarter (SW/4) of said Section 32 being described as follows: Beginning 270 ft. North of the South Quarter corner of said Section, said point being located on the North side of County Road right of way; thence along the North side of said County Road right of way on the following course: North 72°9' West 2,019 ft. to the East bank of Woods Lake Reservoir inlet; thence along said bank of the Woods Lake Reservoir inlet on the following courses: North 11°35' East 132 ft., thence North 28°10' East 451 ft., thence North 11°35' East 360 ft., thence North 0'15' East 260 ft., thence North 16°48' West 610 ft. to the South side of the Great Western Railroad right of way, thence North 88°50' East along said side of the Great Western Railroad right of way 1,804 ft. to the North and South Half Section line, thence in a Southerly direction along said Half Section line 2,330 ft. more or less to,the Point of Beginning, and containing in all 243.60 acres, more or less. Pursuant to C.R.S. Section 24-65.5-103(3), Peterson Energy Operating, Inc., a Colorado corporation hereby requests written notification of any and all Applications for Development (as defined in C.R.S. 24- 65-102(2), and all other proposed surface development activities on the Subject Lands in accordance with C.R.S. 24-65.5-101 et seq. Such notices should be sent to the following address: Peterson Energy Operating, Inc. 2154 W. Eisenhower Blvd. Loveland, CO 80537 Attention: Andrew S. Peterson, President EXECUTED this Z day of February, 2009. Peterson Energy Operating, Inc., a Colorado corporation Andrew S. Peterson, President I IMO VIII IIIIII IIII VIII IIIIII IIIIII III IIIII IIII IIII 3608594 03/03/2009 04:59P Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO COUNTY OF LARIMER The foregoing instrument was acknowledged before me this ;;Z q 1f, clay of February, 2009, by Andrew S. Peterson in his capacity as President of Peterson Energy Operating, Inc. WITNESS my hand and official seal. My Commission expires: i T-oq LIJ. pct .AILA1,-- FYI . Notary Public C N Q O 7 a) m U 0 c _o w Z 0 w a) Q0 9 c LE 'sp w U f6 -c O Q) 41 L o_ 03 m n3 n3 C co O a� cr a) a) t U $6 Q w Q h - Z O U LEGAL DESCRIPTION RECEPTION NO. LEASE DATE O W J LEASE NO. Q c r V3 � CO a1 rn n v u-) co 0 CO d7 O cD Patrick Petroleum Co. Q) N a) 1111111 IIIII 111111 I'll IIIII11141111111111111111111111II 3608594 03/03/2009 04:59P Weld County, CO 3 of 4 R 21.00 C 0.00 Steve Moreno Clerk 8 Recorder (n- o iinuininiiimmuuwnimuinuuniinuuni 3608594 03/03/2009 04:59P Weld County, CO 4 of 4 R 21.00 n 0.00 Steve Moreno Clerk 8 Recorder Exhibit "B" Owners Name O7-66-32-0 BERG SHARON MARIE STEVENS 3OHN RAYMOND & STEVENS CONNIE ANN (Additional) 07-66-32-1 MOODY J GALE MOODY J GALE & MOODY VALERIE A (Additional) 07-66-32-2 BROWN JEFFREY B & BROWN MELISSA A (Additional) ROTHARMEL .DONALD _L & ROTHARMEL JOAN_E (Additional) ROTHARMEL DONALD L & ROTHARMEL JOAN E (Additional) ROTHARMEL_DONALD _L & ROTHARMEL JOAN_E (Additional) WILSON. DALE_ ALLEN & WILSON_J_ULI.ANNE: (Additional) 07-66-32-3 EULER JENNIFER R_ & EULER_WARREN _R (Additional) GREAT WESTERN TRAIL AUTHORITY NELSON_.R.ODNEY_L NELSON KATHY L (Additional) NELSON RODNEY L & NELSON KATHY L (Additional) NELSON_RODNEY l NELSON KATHY L (Additional) WALKER BRENT A & WALKER KIMBERLEY_R (Additional) W_EABER DAVID 1. & WEABER_NATA€__IE S (Additional) 07-66-32-4 GREAT WESTERN TRAIL. AUTHORITY HUMPHREY ]1M. D & HUMPHREYK_I_RSTE=N.ft (Additional) MOODY J_GALE & MOODY VALERIE A (Additional) MOODY 3 GALE & MOODY VALERIE- A (Additional) MOODY J GALE & MOODY VAcE.RIE. A (Additional) MOODY )..GALE & MOODY VALERIE A (Additional) MOODY ] GALE. & MOODY VALERIE A (Additional) MOODY 1 GALE & MOODY VALERIE A (Additional) NELSON_RODNEY L.& NELSON KAPlY L (Additional) IIIIII 11111 111111 111111 1111 III 1111111 iii 11111 iiii 1111 3667291i 12/28/2009 02:21P Weld County, CO 1 of 4 R 21,00 D 0.00 Steve Moreno Clerk & Recorder SPECIAL WARRANTY DEED (NON -MERGING) THIS DEED, made this 15th day of December, 2009, between J. Gale Moody and Valerie .4. Moody, 13813 Weld County Road 74, Eaton, CO 80615 ("Grantors"), and Guaranty Bank & Trust Company, 2700 47th Avenue, Greeley, CO 80634 ("Grantee"). WITNESSETH, that Grantors, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: The real property which is legally described on Exhibit "A" attached hereto and incorporation herein by reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantors, either in law or equity, of, in and to the above premises, with the hereditaments and appurtenances, but not including mineral interests. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantors, for themselves, their heirs and assigns, do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantors, except and subject to easements, (12/15/09) RINGENBERG. FUNK & BELLER, P.C. 216 VILEST OAK STREET, 10TH FLOOR FORT COLLINS CO 80521 1111111!1111111111111M Ills 111�11��11� III Hill IIII IIII 3667295 12/28/2009 02:21P Weld County, CO 2 of 4 R 21.00 !) 0.00 Steve Moreno Clerk & Recorder restrictions, and rights -of -way in place or of record; oil, gas, or other mineral exceptions or reservatic ns of record; and real estate taxes for 2009 and subsequent years. N )twithstanding any other provision herein contained, it is expressly understood and agreed th it the parties do not intend that a merger of title occur with this conveyance and the Deed of 'Crust signed by Grantors and held by Grantee dated March 2, 2007, and recorded with the Weld County Clerk and Recorder on March 8, 2007, at Reception No. 3450753 against the above -described real property (the "Deed of Trust"). Such Deed of Trust shall remain a '.ien on the real property until expressly released by Grantee, or its assigns. MINERAL RESERVATION. Grantors expressly except and reserve unto themselves, and their heirs, personal representatives, and assigns, all oil, gas, coal, sand, gravel, and other minerals and mineral rights located in, on, or under the surface of the real property conveyed hereby. IN WITNESS WHEREOF, Grantors have executed this Deed the day and year first above wr tten. STATE OF COLORADO ) ss. COUNT' OF LARIMER 7 , VALERIE A. MOODY The foregoing instrument was acknowledged before me the _As -4. day of December, 2009, by I. Gale Moody and Valerie A. Moody. VyITNESS my ha goal tili'Ffla,i4l seal. `gy _,.........p `'1 Notary Public f N P LAG n My Commission Expires: i '\� X18 v \\ (22115/09) ��i�ifOiiCkt�A\\\\`\ 2 J�.y-....3^�1�✓ I IIIIII nuuiiunuin iiii III iuiini III IIIII 1111 IIII 3667295 12/28/2009 02:21P Weld County, CO 3 of 4 R 21.00 [I 0.00 Steve Moreno Clerk & Recorder EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY DEED BETWEEN J. GALE MOODY AND VALERIE A. MOODY ("GRANTORS") AND GUARA VTY BANK & TRUST COMPANY ("GRANTEE") LEGAL DESCRIPTION OF THE PROPERTY CONVEYED HEREBY Amended Subdivision Exemption No. 1030 recorded February 8, 2007 at Reception No. 3453984. Being more particularly described as follows: A parcel of land being part of the East %z of the Southeast 1/4 of Section 32, Tpwnship Seven North 7, Range 66 West of the 6'h P.M., County of Weld, S :ate of Colorado and being more particularly described as follows: BEGINNING at the Southeast Corner of said Section 32 and assuming the East li le of the Southeast '/4 of said Section 32 as bearing North 01°48'54" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Z 3ne, North American Datum 1983/92, a distance of 2636.36 feet with all 01 her bearings contained herein relative thereto. From the Southeast Corner of Kid Section 32 the South Quarter Corner of said Section 32 bears South 83°49'14" West a distance of 2654.20 feet. Said. South Quarter Corner being monumented by a Witness Corner, which bears South 89°49'14" East a di stance of 338.58 feet from said South Quarter Corner: THENCE South 88°49'14" West along said South line a distance of 632.79 feet to the TRUE POINT OF BEGINNING: T HENCE continuing South 88°49'14" West along said South line a distance of 694.31 feet to the East Sixteenth Corner common to Section 32-T.7N.-R.66W, and Section 5-T.6N.-R.66W.; THENCE North O1°56'09" East along the West line of said E112 SE1/4 a di stance of 763.06 feet; T HENCE North 27°49'18" East a distance of 98.71 feet; THENCE North 23°29'30" East a distance of 100.00 feet; T HENCE North 19°08'01" East a distance of 100.00 feet; T HENCE North 14°46'32" East a distance of 100.00 feet; T -IENCE North 10°25'03" East a distance of 100.00 feet; THENCE North 06°03'33" East a distance of 77.62 feet; THENCE South 53°24'01" East a distance of 157.64 feet; THENCE South 40°03'32" East a distance of 23.43 feet; THENCE South 34°26'35" East a distance of 62.80 feet; T HENCE South 33°28'04" East a distance of 122.77 feet; T EIENCE South 29°31'45" East a distance of 26.51 feet; T HENCE South 28'36'13" East a distance of 25.41 feet; (12/15/09) 3 111111 111111 1111I 111111111 VIII 11111111 3667295 12/28/2009 02:21P Weld County, CO 4 of 4 R 21.00 Q tl.00 Steve Moreno Clerk & Recorder PAGE 2 TO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY DEED BETWEEN J. GALE MOODY AND VALERIE A. MOODY ("GRAN TORS") AND GUARANTY BANK & TRUST COMPANY ("GRANTEE") LEGAL DESCRIPTION OF THE PROPERTY CONVEYED HEREBY (Continued from Page 1 to Exhibit "A") THENCE South 27°40'40" East a distance of 25.41 feet; THENCE South 26°45'08" East a distance of 25.41 feet; THENCE South 25°49'36" East a distance of 25.41 feet; THENCE South 24°54'04" East a distance of 25.41 feet; THENCE South 23°58'31" East a distance of 25.42 feet; THENCE South 23°30'45" East a distance of 62.72 feet; THENCE South 25°07'01" East a distance of 17.33 feet; THENCE South 24°52'45" East a distance of 56.69 feet; THENCE South 25°33'54" East a distance of 191.52 feet; THENCE South 23°28'44" East a distance of 13.00 feet; THENCE South 19°18'24" East a distance of 12.96 feet; T HENCE South 15°08'04" East a distance of 12.96 feet; T HENCE South 10°57'44" East a distance of 12.96 feet; T HENCE South 06°47'24" East a distance of 12.96 feet; T HENCE South 02°37'04" East a distance of 12.96 feet; THENCE South 01°33'16" West a distance of 13.00 feet; THENCE South 03°38'26" West a distance of 177.84 feet; T HENCE South 01°59'08" West a distance of 86.02 feet; T HENCE South 00°11'55" West a distance of 52.33 feet; THENCE South 01°47'09" East a distance of 23.18 feet; T HENCE South 05°21'35" East a distance of 23.21 feet; THENCE South 08°56'02" East a distance of 23.21 feet; T HENCE South 12°30'29" East a distance of 23.18 feet; THENCE South 14°32'11" East a distance of 77.51 feet to the TRUE POINT OF BEGINNING. (Street Address: 13813 County Road 74, Eaton, CO 80615) (12/15/09) 4 S 4342619 10/09/2017 11:10 AM Total Pages: 7 Rec Fee: $43.00 Carly Koppes - Clerk and Recorder, Weld County, CO WHEN RECORDED MAIL TO: JPMorgan Chase Bank, N.A. 710 Kansas Lane, LA4-2107 Monroe, LA 71203 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $140,000.00. THIS DEED OF TRUST is dated September 27, 2017, among WESLEY J BASILIERE, whose address is 13813 WCR 74, EATON, CO 80615-8608 and SHAUN A BASILIERE, whose address is 13813 WCR 74, EATON, CO 80615-8608 ("Grantor"); JPMorgan Chase Bank, N.A., whose address is Home Equity Lending Division, 1111 Polaris Parkway, Columbus, OH 43240 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of WELD County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the fallowing described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (Including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in WELD County, State of Colorado: ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE COUNTY OF WELD, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: AMENDED SUBDIVISION EXEMPTION NO. 1030, RECORDED FEBRUARY 8, 2007 AT RECEPTION NO. 3453984, BEING A PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. TALC ID: 070732400008. The Real Property or its address is commonly known as 13813 WCR 74, EATON, CO 80615-8608. The Real Property tax identification number is 070732400008. REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Grantor so long as Grantor complies with all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Grantor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Deed of Trust and any intermediate balance. Grantor presently assigns to Lender (also known as Beneficiary in this deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. E=xcept as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become date, and shall strictly and in a timely manner perform all of Grantor's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (t) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) during the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other 4342619 10/09/2017 11:10 AM Page 2 of 7 DEED OF TRUST Page 2 Loan No: 7672'40376 (Continued) authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which tender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantors ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without bender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest, Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lenders prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust, Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the fling, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and permissible fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and snail satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Leader at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to tender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. If the dwelling and insurable Improvements located on the Real Property is or becomes located in an area designated by the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Flood Insurance in an amount equal to the lesser of: (1) the total line of credit under the Credit Agreement with Lender, plus the outstanding principal balance of senior loans or lines of credit secured by the Real Property; (2) the maximum amount of Flood Insurance coverage available through the National Flood Insurance Program; and (3) the full insurable value (100% of replacement cost value) of the dwelling and insurable Improvements; or as otherwise required by law or Lender. If the dwelling is a condominium unit, the condominium association must have a master Flood Insurance policy on the entire building which provides coverage on Grantor's unit in at least this amount. If Grantor or the condominium association chooses to purchase Flood Insurance that covers less than 100% of the replacement cost value 4342619 10/09/2017 11:10 AM Page 3 of 7 DEED OF TRUST Page 3 Loan No: 7672140376 (Continued) of the dwelling and insurable Improvements because Lender does not require that much coverage, Grantor acknowledges that he or she may not have enough insurance to repair the dwelling in the event of a flood. The policies and/or endorsements must name Lender, its successors, and assigns, as mortgagee and/or as an additional loss payee. Grantor agrees to maintain such insurance for the term of the loan. The insurance requirements may change during the term of this Deed of Trust. If Grantor fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Grantors expense. This insurance Lender purchases will take effect as of the date that Grantor's insurance was cancelled, expired or no longer in effect for any reason. Except for f=lood Insurance, Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Grantor, Grantor's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Grantor acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Grantor could have obtained, Any amounts disbursed by Lender under this section are covered by the "Lenders Expenditures" section of this Deed of Trust (see below) and shall be additional debt of Grantor secured by this Deed of Trust. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. Lender is not required to pay interest on any insurance proceeds that it retains. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed improvements in a manner satisfactory to Leader. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the indebtedness, such proceeds shall be paid to Grantor as Grantors interests may appear_ If any proceeds are used to reduce the amount of principal which is owed to Lender under the Credit Agreement, that use will not delay the due date or change the amount of any of the monthly payments under the Credit Agreement. However, I and Lender may agree in writing to those delays or changes. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES, If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims (B) to provide any required insurance on the Property, or (C) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lenders interests, All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. The Property also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantors expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lenders own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation, Compliance With Laws. Grantor warrants that the Property and Grantors use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain in fall force and effect until such time as Grantor's Indebtedness is paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to the lien securing payment of an existing obligation. The existing obligation has a current principal balance of approximately $339817. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness, No Modification. Grantor shall not enter into any agreement with the molder of any mortgage, deed of trust, or other security agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender, CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award, Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be 4342619 10/09/2017 11:10 AM Page 4 of 7 DEED OF TRUST Page 4 Loan No: 7672140376 (Continued) applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or tender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, tees and charges are a park of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS, The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest_ Upon default, Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender_ Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust_ FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust; Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense_ For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the full performance of all the obligations under the Credit Agreement and this Deed of Trust, Trustee may, upon production of documents and fees as required under applicable law, release this Deed of Trust, and such release shall constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT Grantor will be in default under this Deed of Trust if any of the following happen: (A) Grantor commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement about Grantor's income, assets, liabilities, or any other aspects of Grantor's financial condition. (B) Grantor does not meet the repayment terms of the Credit Agreement. (C) Grantor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies; Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy_ If Lender decides to spend money or to perform any of Grantor's obligations under this Deed of Trust, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable. Foreclosure. Lender shall have the right to cause all or any part of the Real Property, and Personal Property, if Lender decides to proceed against it as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of the sale, including but not limited to Trustee's fees, attorneys' fees, and the cost of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled to the excess. 4342619 10/09/2017 11:10 AM Page 5 of 7 DEED OF TRUST Page 5 Loan No: 7672140376 (Continued) UGC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness, The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance, If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Credit Agreement or by law. Sale of the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it files a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Upon any sale of the Property, whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings, if the holder of the Credit Agreement is a purchaser at such sale, it shall be entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase price of the Property purchased, and, in such case, this Deed of Trust, the Credit Agreement, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Expenses. To the extent not prohibited by applicable law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights, shall become a part of the loan payable on demand, and shall bear interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's expenses for bankruptcy proceedings (including efforts to modify or vacate the automatic stay or injunction) and appeals, to the extent permitted by applicable law. Rights of Trustee. To the extent permitted by applicable law, Trustee shall have all of the rights and duties of Lender as set forth in this section, NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lenders address, as shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantors current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. Notwithstanding the foregoing, the address for notice for Lender is: Chase, Attn: Horne Equity Loan Servicing, P.O. Box 24714, Columbus, OH 43224. IDENTITY OF LENDER. Lender is JI3Morgan Chase Bank, N.A., a national banking association organized and existing under the laws of the United States of America, with its main offices located in Columbus, Ohio. NON -WAIVER. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. SUPPLEMENT TO PERSONAL PROPERTY DEFINITION. It is the intention of Lender only to take a security interest in and retain a lien on that personal property considered fixtures under the Uniform Commercial Code as adopted in the jurisdiction where this Deed of Trust is filed of record as same may be amended from time to time or such other statute of such jurisdiction that defines property affixed to real estate and no other personal property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by applicable federal or state law_ MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What is written in this Deed of Trust and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Pleadings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This security instrument will be governed by and interpreted in accordance with federal law and the laws of the state where the Property is located, except for matters related to interest and the exportation of interest, which will be governed by and interpreted in accordance with federal law (including, but not limited to, statutes, regulations, interpretations, and opinions) and the laws of the State of Ohio. However, if there ever is a question about whether any provision of the security instrument is valid or enforceable, the provision that is questioned will be governed by whichever of the governing state or federal laws that would find the provision to be valid and enforceable. The loan transaction which is evidenced by this and other related 4342619 10/09/2017 11:10 AM Page 6 of 7 DEED OF TRUST Page s Loan No: 7672140376 (Continued) documents has been approved, made and funded, and all necessary documents have been accepted by Lender in the State of Ohio. Joint and Several Liability. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing_ The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right, If Lender does agree in writing to give up one of Lenders rights, that does not mean Grantor will not have to comply with the other provisions of this Deed of Trust. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. In the event Lender institutes legal process to obtain possession of the Property and to the extent permitted by law, Grantor hereby knowingly and voluntarily waives any right to a hearing prior to a court order granting Lender the right to take possession of the Property. Grantor waives ail rights of exemption from execution or similar law in the Property, and Grantor agrees that the rights of Lender in the Property under this Deed of Trust are prior to Grantor's rights while this Deed of Trust remains in effect. Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary. The word "Beneficiary" means JPMorgan Chase Bank, N.A., and its successors and assigns. Borrower. The word "Borrower" means WESLEY J BASILIERE; and SHAUN A BASILIERE, BY: WESLEY J BASILIERE, ATTORNEY IN FACT, and all other persons and entities signing the Credit Agreement. Credit Agreement. The words "Credit Agreement" mean the credit agreement dated September 27, 2017, in the original principal amount of $140,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of. Trust is October 8, 2047. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CE=RCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1 801 , et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Deed of Trust. Grantor. The word "Grantor" means WESLEY J BASILIERE; and SHAUN A BASILIERE, BY: WESLEY J BASILIERE, ATTORNEY IN FACT. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust, In addition, and without limitation, the term "Indebtedness" includes all amounts identified in the Revolving Line of Credit paragraph of this Deed of Trust. However, the term "Indebtedness" is subject to the limitations identified in the Maximum Lien section of this Deed of Trust. Lender. The word "Lender" means JPMorgan Chase Bank, N.A,, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Credit Agreement, Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents, The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits 4342619 10/09/2017 11:10 AM Page 7 of 7 Loan No: 7672140376 DEED OF TRUST (Continued) Page 7 derived from the Property. Trustee. The word "Trustee" rneains the Public Trustee of WELD County, Colorado_ EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. X SHAUN BASILIERE, Individually ILIERE, BY: ' WESLEY J ATTORNEY IN FACT, STATE OF • INDIVIDUAL ACKNOWLEDGMENT COUNTY OF 74,___) SS On this day before me, the undersigned Notary Public, personally appeared WESLEY J BASILIERE and SHAUN A BASILIERE, BY: WESLEY J BASILIERE, ATTORNEY IN FACT, to me known to be the individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as their free and voluntary and deed, for the uses and purposes therein mentioned. Give uncler-nrand and icial seal this J7 day of 11.60_ , 20 1 By Notary ' u is m arL4 for the S SHIRLEY M -DODGE Notary -Public - State of Colorado Notary ID 19994002402 w My Commission Expires Feb 16, 2021 � Resitting at My commission expires LASER PRO Lending, Yer 5 1940.08 Cur, Harland FinanclA Solutions, Inc 4997, 2017, fw Rights Reserved - GOACIFI r:WE_LasorProCFRLPu,Go1 FC TR-56605244 PR-HELOCMC❑
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