HomeMy WebLinkAbout20223479.tiff4822829 04/29/2022 09:14 AM
Total Pages: 2 Rec Fee: $18.00 Doc Fee: $70.00
Carly Koppes - Clerk and Recorder, Weld County , CO
Escrow No.: H0669883-043-1 RD
Doc Fee: $70.00
SPECIAL WARRANTY DEED
This Deed, made April 28, 2022
Between Clay M. Rickers and Deborah A. Rickers, of the County Weld, State of Colorado, grantor(s) and R&N
Properties LLC, a Colorado Limited Liability Company, whose legal address is 14101 E 33rd Place #F, Aurora,
CO 80111 County of Arapahoe, and State of Colorado, grantee(s)
WITNESSETH, That the grantor(s), for and in the consideration of the sum of SEVEN HUNDRED THOUSAND
DOLLARS AND NO/100'S ($700,000.00 ) 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, all the real property together with improvements, if any, situate, lying and
being in the County of Weld, State of Colorado described as follows:
See Exhibit A attached hereto and made a part hereof
also known by street and number as 2507 W 125 Frontage, Rd, Erie, CO 80516-8302
TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances except for taxes for the current year, a lien but not
yet due and payable, subject to statutory exceptions as defined in CRS 38-30-113, revised..
TO HAVE AND TO HOLD said premises above bargained and described with the appurtenances, unto the
grantee, their heirs and assigns forever. The grantor(s), for themselves, their heirs and personal representatives or
successors, does covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above -
bargained premises in the quiet and peaceable possession of the grantee(s), their 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 has executed this on the date set forth above.
SELLERS:
Clay M. Rickers
STATE OF COLORADO
COUNTY OF Weld
Deborah A. Rickers
}ss:
The foregoing instrument was acknowledged before me April 28, 2022 by Clay M. Rickers and Deborah A. Rickers.
Witness my hand and official seal.
My Commission expires:
Notary Public
Rachelle Divine
Notary Public
State of Colorado
Notary ID 20044026469
My Commission Expires: July. 28, 2024
Special Warranty Deed Last Saved: 4/19/2022 9:08 AM by 5KP
WDSPECIAL (DSI Rev. 08/06/20) Page 1
4822829 04/29/2022 09:14 AM
Page 2 of 2
Exhibit A
Parcel 1:
Lot A, as shown on Recorded Exemption No. 1467-22-1-RE1300, recorded on December 3, 1990, in Book 1283 at
Reception No. 2234699, Weld County, Colorado.
Parcel 2:
Easement for the benefit of Parcel 1 as created by Right of Way Easements and Licenses dated July 11, 1990 and
recorded November 19, 1990 at Reception No. 2233497 for purpose of a roadway as described therein.
Parcel 3:
Easement for the benefit of Parcel 1 as created by Recorded Exemption No. 1467-22-1-RE1300 recorded December
3, 1990 at Reception No. 2234699 for the purpose of an access road as shown thereon.
4822910 04/29/2022 11:01 AM
Total Pages: 2 Rec Fee: $18.00 Doc Fee: $240.00
Carly Koppes - Clerk and Recorder, Weld County , CO
T�
Escrow No.: H0669858-043-1 RD
Doc Fee: $240.00
SPECIAL WARRANTY DEED
This Deed, made April 28, 2022
Between The Henry James Rickers Family Trust as to an undivided 50% Interest, of the County Weld, State of
Colorado, grantor(s) and R&N Properties LLC, a Colorado limited liability company, whose legal address is 2497
West 125 Frontage Road, Erie, CO 80516 County of Weld, and State of Colorado, grantee(s)
WITNESSETH, That the grantor(s), for and in the consideration of the sum of TWO MILLION FOUR
HUNDRED THOUSAND DOLLARS AND NO/100'S ($2,400,000.00 ) 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, all the real property together with improvements, if any,
situate, lying and being in the County of Weld, State of Colorado described as follows:
See Exhibit A attached hereto and made a part hereof.
also known by street and number as 2497 W125 Frontage Rd, Erie, CO 80516-8302
TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances except for taxes for the current year, a lien but not
yet due and payable, subject to statutory exceptions as defined in CRS 38-30-113, revised..
TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the
grantee, their heirs and assigns forever. The grantor(s), for themselves, their heirs and personal representatives or
successors, does covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above -
bargained premises in the quiet and peaceable possession of the grantee(s), their 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 has executed this on the date set forth above.
SELLERS:
The Henry James Rickers Familiy Trust, as to
an undivided 50% Interest
..TM By: aAA, a 5(,ll� ,
Susan Jo Sosine, Trustee
STATE OF COLORADO
COUNTY OF AIr,1(k
The foregoing instrument was acknowledged before me April 28, 2022 by Susan Jo Sosine as Trustee of the Henry
James Rickers Family Trust as to an undivided 50% Interest.
Witness my hand and official seal.
My Commission expires:
}ss:
Notary Public
Rachelie Divine
Notary Public
State of Colorado
Notary ID 20044026469
My Commission Expires: July 28, 2024
Special Warranty Deed Last Saved: 4/28/2022 9:37 AM by 1 RD
WDSPECIAL (DSI Rev. 08/06/20) Page 1
4822910 04/29/2022 11:01 AM
Page 2 of 2
Exhibit A
Parcel 1:
Lot B of Recorded Exemption No. 1467-22-1-RE1300 recorded December 3, 1990 as Reception No. 2234699, being
part of the North 1/2 of the Southeast'/ of Section 22, Township 1 North, Range 68 West of the 6th P.M., County of
Weld, State of Colorado;
LESS that portion conveyed to the Department of Transportation, State of Colorado in instrument recorded April 18,
2000 as Reception No. 2762519, of Weld County Records.
Parcel 2:
Easement for the benefit of Parcel 1 as created by Right of Way Easements and Licenses dated July 11, 1990 and
recorded November 19, 1990 at Reception No. 2233497 for purpose of a roadway as described therein.
Heritage
Title Company
MAK nvicdrin... Fur Nor! id
* Commonwealth'
TITLE DEPARTMENT - DELIVERY TRANSMITTAL
7251 West 20th Street, Building L, Suite 100
Greeley, CO 80634
(970) 330-4522 Fax: (866) 828-0844
R&N Properties LLC, a Colorado Limited Liability Company
File Number: 459-H0669883-043-1RD
Property Address: 2507 W I25 Frontage Rd, Erie, CO 80516-8302
Policy Number: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
Dear New Property Owner:
Congratulations on your real estate purchase. Enclosed is your Pro Forma Policy of Title Insurance. This policy contains important
information about your real estate transaction, and it insures you against certain risks to your ownership. Please read it and retain it
with your other valuable papers.
A permanent record of your recorded title documents is accessible through our office. These records will enable prompt processing of
future title orders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call our office and simply
give us your personal policy file number when you need assistance.
In the event you sell your property or borrow money from a mortgage lender you may be entitled to a discount rate if you order your
title insurance through this company.
We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your future title service needs.
Sincerely,
Heritage Title Company, Inc.
81306 (6/06) ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML RICAN
LAND TITLE
A`SOC1,I1,.N
Commonwealth Land Title Insurance Company
POLICY NO.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
PRO FORMA OWNER'S POLICY OF TITLE INSURANCE
Issued by
Commonwealth Land Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Florida corporation
(the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or
damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform
those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building
and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
81306 (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML RICAN
LAND TITLE
A`SOC1,I1,.N
Order No.: H0669883-043-1RD Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created
or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the
deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy,
but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers.
Commonwealth Land Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Policy. It does not reflect the present state of the Title and is not a commitment to (i) insure the Title or (ii)
issue any of the attached endorsements. Any such commitment must be an express written undertaking on appropriate forms
of the Company.
81306 (6/06) ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML RICAN
LAND TITLE
A`SOC1,I1,.N
Order No.: H0669883-043-1RD Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses
that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in
Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy
mean:
(a) "Amount of Insurance": The amount
stated in Schedule A, as may be increased or
decreased by endorsement to this policy, increased by
Section 8(b), or decreased by Sections 10 and 11 of
these Conditions.
(b) "Date of Policy": The date designated as
`Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust,
limited liability company, or other similar legal
entity.
(d) "Insured": The Insured named in
Schedule A.
(i)
The term "Insured" also includes
(A) successors to the Title of the
Insured by operation of law as distinguished from
purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by
dissolution, merger, consolidation, distribution, or
reorganization;
(C) successors to an Insured by its
conversion to another kind of Entity;
(D) a grantee of an Insured under a
deed delivered without payment of actual valuable
consideration conveying the Title
(1) if the stock, shares,
memberships, or other equity interests of the grantee
are wholly -owned by the named Insured,
(2) if the grantee wholly
owns the named Insured,
(3) if the grantee is wholly -
owned by an affiliated Entity of the named Insured,
provided the affiliated Entity and the named Insured
are both wholly -owned by the same person or Entity,
or
(4) if the grantee is a trustee
or beneficiary of a trust created by a written
81306 (6/06)
instrument established by the Insured named in
Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D)
reserving, however, all rights and defenses as to any
successor that the Company would have had against
any predecessor Insured.
(e) "Insured Claimant": An Insured claiming
loss or damage.
(f) "Knowledge" or "Known": Actual
knowledge, not constructive knowledge or notice that
may be imputed to an Insured by reason of the Public
Records or any other records that impart constructive
notice of matters affecting the Title.
(g) "Land": The land described in Schedule
A, and affixed improvements that by law constitute
real property. The term "Land" does not include any
property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys,
lanes, ways, or waterways, but this does not modify
or limit the extent that a right of access to and from
the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust
deed, or other security instrument, including one
evidenced by electronic means authorized by law.
(i) "Public Records": Records established
under state statutes at Date of Policy for the purpose
of imparting constructive notice of matters relating to
real property to purchasers for value and without
Knowledge. With respect to Covered Risk 5(d),
"Public Records" shall also include environmental
protection liens filed in the records of the clerk of the
United States District Court for the district where the
Land is located.
(j) "Title": The estate or interest described in
Schedule A.
(k) "Unmarketable Title": Title affected by an
alleged or apparent matter that would permit a
prospective purchaser or lessee of the Title or lender
on the Title to be released from the obligation to
purchase, lease, or lend if there is a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in
force as of Date of Policy in favor of an Insured, but
only so long as the Insured retains an estate or
interest in the Land, or holds an obligation secured by
a purchase money Mortgage given by a purchaser
from the Insured, or only so long as the Insured shall
have liability by reason of warranties in any transfer
or conveyance of the Title. This policy shall not
continue in force in favor of any purchaser from the
Insured of either (i) an estate or interest in the Land,
or (ii) an obligation secured by a purchase money
Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT
The Insured shall notify the Company promptly
in writing (i) in case of any litigation as set forth in
Section 5(a) of these Conditions, (ii) in case
Knowledge shall come to an Insured hereunder of
any claim of title or interest that is adverse to the
Title, as insured, and that might cause loss or damage
for which the Company may be liable by virtue of
this policy, or (iii) if the Title, as insured, is rejected
as Unmarketable Title. If the Company is prejudiced
by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured
Claimant under the policy shall be reduced to the
extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to
determine the amount of loss or damage, the
Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed
proof of loss. The proof of loss must describe the
defect, lien, encumbrance, or other matter insured
against by this policy that constitutes the basis of loss
or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML RICAN
LAND TITLE
A`SOC1,I1,.N
Order No.: H0669883-043-1RD
Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
5. DEFENSE AND PROSECUTION OF
ACTIONS
(a) Upon written request by the Insured, and
subject to the options contained in Section 7 of these
Conditions, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of
an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the
Insured. This obligation is limited to only those stated
causes of action alleging matters insured against by
this policy. The Company shall have the right to
select counsel of its choice (subject to the right of the
Insured to object for reasonable cause) to represent
the Insured as to those stated causes of action. It shall
not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs,
or expenses incurred by the Insured in the defense of
those causes of action that allege matters not insured
against by this policy.
(b) The Company shall have the right, in
addition to the options contained in Section 7 of these
Conditions, at its own cost, to institute and prosecute
any action or proceeding or to do any other act that in
its opinion may be necessary or desirable to establish
the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any
appropriate action under the terms of this policy,
whether or not it shall be liable to the Insured. The
exercise of these rights shall not be an admission of
liability or waiver of any provision of this policy. If
the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company brings an action
or asserts a defense as required or permitted by this
policy, the Company may pursue the litigation to a
final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its
sole discretion, to appeal from any adverse judgment
or order.
6. DUTY OF INSURED CLAIMANT TO
COOPERATE
(a) In all cases where this policy permits or
requires the Company to prosecute or provide for the
defense of any action or proceeding and any appeals,
the Insured shall secure to the Company the right to
so prosecute or provide defense in the action or
proceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever
requested by the Company, the Insured, at the
Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any
other lawful act that in the opinion of the Company
may be necessary or desirable to establish the Title or
any other matter as insured. If the Company is
prejudiced by the failure of the Insured to furnish the
required cooperation, the Company's obligations to
the Insured under the policy shall terminate,
including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation.
(b) The Company may reasonably require the
Insured Claimant to submit to examination under
oath by any authorized representative of the
Company and to produce for examination, inspection,
and copying, at such reasonable times and places as
may be designated by the authorized representative of
the Company, all records, in whatever medium
81306 (6/06)
maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e -mails, disks,
tapes, and videos whether bearing a date before or
after Date of Policy, that reasonably pertain to the
loss or damage. Further, if requested by any
authorized representative of the Company, the
Insured Claimant shall grant its permission, in
writing, for any authorized representative of the
Company to examine, inspect, and copy all of these
records in the custody or control of a third party that
reasonably pertain to the loss or damage. All
information designated as confidential by the Insured
Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary
in the administration of the claim. Failure of the
Insured Claimant to submit for examination under
oath, produce any reasonably requested information,
or grant permission to secure reasonably necessary
information from third parties as required in this
subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE
SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the
Company shall have the following additional options:
(a) To Pay or Tender Payment of the
Amount of Insurance.
To pay or tender payment of the Amount of
Insurance under this policy together with any costs,
attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to
the time of payment or tender of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of this
option, all liability and obligations of the Company to
the Insured under this policy, other than to make the
payment required in this subsection, shall terminate,
including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With
Parties Other Than the Insured or With the
Insured Claimant.
(i) To pay or otherwise settle with other
parties for or in the name of an Insured Claimant any
claim insured against under this policy. In addition,
the Company will pay any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of
payment and that the Company is obligated to pay; or
(ii) To pay or otherwise settle with the
Insured Claimant the loss or damage provided for
under this policy, together with any costs, attorneys'
fees, and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time
of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of
the options provided for in subsections (b)(i) or (ii),
the Company's obligations to the Insured under this
policy for the claimed loss or damage, other than the
payments required to be made, shall terminate,
including any liability or obligation to defend,
prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF
LIABILITY
This policy is a contract of indemnity against
actual monetary loss or damage sustained or incurred
by the Insured Claimant who has suffered loss or
damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for
loss or damage under this policy shall not exceed the
lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of
the Title as insured and the value of the Title subject
to the risk insured against by this policy.
(b) If the Company pursues its rights under
Section 5 of these Conditions and is unsuccessful in
establishing the Title, as insured,
(i) the Amount of Insurance shall be
increased by 10%, and
(ii) the Insured Claimant shall have the
right to have the loss or damage determined either as
of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under
(a) and (b), the Company will also pay those costs,
attorneys' fees, and expenses incurred in accordance
with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or
removes the alleged defect, lien or encumbrance, or
cures the lack of a right of access to or from the
Land, or cures the claim of Unmarketable Title, all as
insured, in a reasonably diligent manner by any
method, including litigation and the completion of
any appeals, it shall have fully performed its
obligations with respect to that matter and shall not
be liable for any loss or damage caused to the
Insured.
(b) In the event of any litigation, including
litigation by the Company or with the Company's
consent, the Company shall have no liability for loss
or damage until there has been a final determination
by a court of competent jurisdiction, and disposition
of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss
or damage to the Insured for liability voluntarily
assumed by the Insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE;
REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except
payments made for costs, attorneys' fees, and
expenses, shall reduce the Amount of Insurance by
the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by
any amount the Company pays under any policy
insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed,
assumed, or taken subject, or which is executed by an
Insured after Date of Policy and which is a charge or
lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage
have been definitely fixed in accordance with these
Conditions, the payment shall be made within 30
days.
13. RIGHTS OF RECOVERY UPON
PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled
and paid a claim under this policy, it shall be
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML RICAN
LAND TITLE
A`SOC1,I1,.N
Order No.: H0669883-043-1RD
Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
subrogated and entitled to the rights of the Insured
Claimant in the Title and all other rights and
remedies in respect to the claim that the Insured
Claimant has against any person or property, to the
extent of the amount of any loss, costs, attorneys'
fees, and expenses paid by the Company. If requested
by the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company
of these rights and remedies. The Insured Claimant
shall permit the Company to sue, compromise, or
settle in the name of the Insured Claimant and to use
the name of the Insured Claimant in any transaction
or litigation involving these rights and remedies.
If a payment on account of a claim does not
fully cover the loss of the Insured Claimant, the
Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have
recovered its loss.
(b) The Company's right of subrogation
includes the rights of the Insured to indemnities,
guaranties, other policies of insurance, or bonds,
notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand
that the claim or controversy shall be submitted to
arbitration pursuant to the Title Insurance Arbitration
Rules of the American Land Title Association
("Rules"). Except as provided in the Rules, there
shall be no joinder or consolidation with claims or
controversies of other persons. Arbitrable matters
may include, but are not limited to, any controversy
or claim between the Company and the Insured
arising out of or relating to this policy, any service in
connection with its issuance or the breach of a policy
81306 (6/06)
provision, or to any other controversy or claim
arising out of the transaction giving rise to this
policy. 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. All
arbitrable matters when the Amount of Insurance is
in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the
Rules shall be binding upon the parties. Judgment
upon the award rendered by the Arbitrator(s) may be
entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT
(a) This policy together with all
endorsements, if any, attached to it by the Company
is the entire policy and contract between the Insured
and the Company. In interpreting any provision of
this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises
out of the status of the Title or by any action asserting
such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this
policy must be in writing and authenticated by an
authorized person, or expressly incorporated by
Schedule A of this policy.
(d) Each endorsement to this policy issued at
any time is made a part of this policy and is subject to
all of its terms and provisions. Except as the
endorsement expressly states, it does not (i) modify
any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date
of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in
whole or in part, is held invalid or unenforceable
under applicable law, the policy shall be deemed not
to include that provision or such part held to be
invalid, but all other provisions shall remain in full
force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured
acknowledges the Company has underwritten the
risks covered by this policy and determined the
premium charged therefor in reliance upon the law
affecting interests in real property and applicable to
the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where
the Land is located.
Therefore, the court or an arbitrator shall apply
the law of the jurisdiction where the Land is located
to determine the validity of claims against the Title
that are adverse to the Insured and to interpret and
enforce the terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law
principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other
proceeding brought by the Insured against the
Company must be filed only in a state or federal
court within the United States of America or its
territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or
statement in writing required to be given to the
Company under this policy must be given to the
Company at Commonwealth Land Title Insurance
Company, Attn: Claims Department, Post Office Box
45023, Jacksonville, Florida 32232-5023.
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML RICAN
LAND TITLE
A`SOC1,I1,.N
Order No.: H0669883-043-1RD Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
NOTICE CONCERNING FRAUDULENT INSURANCE ACTS
(This Notice is Permanently Affixed Hereto)
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an
insurance company for the purpose of defrauding or attempting to defraud the company.
Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance
company or agent of an insurance company who knowingly provides false, incomplete, or
misleading facts or information to a policyholder or claimant for the purpose of defrauding or
attempting to defraud the policyholder or claimant with regard to a settlement or award payable
from insurance proceeds shall be reported to the Colorado Division of Insurance within the
department of regulatory agencies.
C. R. S. A. § 10-1-128 (6)(a).
81306A (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML Et, IC:AN
LAND TITLE
A`SOC1,I1,.N
Order No.: H0669883-043-1RD Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
Commonwealth Land Title Insurance Company
This is a Pro Forma Policy. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express
written undertaking on appropriate forms of the Company.
SCHEDULE A
Name and Address of Title Insurance Company:
Heritage Title Company, Inc.
4909 Pearl East Circle, Ste 100
Boulder, CO 80301
Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
Address Reference: 2507 W I25 Frontage Rd, Erie, CO 80516-8302
Amount of Insurance: Pro Forma $700,000.00
Date of Policy: Pro Forma - Date and Time of Recording
1. Name of Insured:
R&N Properties LLC, a Colorado Limited Liability Company
2. The estate or interest in the Land that is insured by this policy is:
FEE SIMPLE AS TO PARCEL 1 AND EASEMENT AS TO PARCELS 2 and 3
3. Title is vested in:
R&N Properties LLC, a Colorado Limited Liability Company
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
81306A (6/06)
ALTA Owner's Policy (6/17/06)
Order No.: H0669883-043-1RD
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML Et, IC:AN
LAND TITLE
A`SOC1,I1,.N
Order No.: H0669883-043-1RD Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
Parcel 1:
Lot A, as shown on Recorded Exemption No. 1467-22-1-RE1300, recorded on December 3, 1990, in Book 1283 at
Reception No. 2234699, Weld County, Colorado.
Parcel 2:
Easement for the benefit of Parcel 1 as created by Right of Way Easements and Licenses dated July 11, 1990 and
recorded November 19, 1990 at Reception No. 2233497 for purpose of a roadway as described therein.
Parcel 3:
Easement for the benefit of Parcel 1 as created by Recorded Exemption No. 1467-22-1-RE1300 recorded December 3,
1990 at Reception No. 2234699 for the purpose of an access road as shown thereon.
81306A (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML Et, IC:AN
LAND TITLE
A`SOC1,I1,.N
Order No.: H0669883-043-1RD Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that
arise by reason of:
1. Intentionally omitted.
2. Intentionally omitted.
3. Intentionally omitted.
4. Intentionally omitted.
5. Intentionally omitted.
6. Water rights, claims of title to water, whether or not these matters are shown by the Public Records.
7. Taxes and assessments for the year 2022 and subsequent years, a lien, not yet due or payable.
8. Reservations contained in the Patent
From:
Recording Date:
Recording No:
The United States of America
August 2, 1907
Book 132 at Page 376
Which among other things recites as follows:
Subject to any vested and accrued water rights for mining, agricultural, 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
local customs, laws and decisions of the 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; and the reservation from the lands hereby granted of a right of way thereon for ditches or canals
constructed by the authority of the United States.
9. Undivided full interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and
all assignments thereof or interests therein:
Reserved by:
Recording Date:
Recording No.:
10. Intentionally omitted.
Joseph J. Kitto and Bessie B. Kitto
January 3, 1947
Book 1194 at Page 519.
11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Union Rural Electric Association, Inc.
Purpose: Electric transmission and/or distribution line or system
Recording Date: January 2, 1976
Recording No: 1678008.
81306B (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML RICAN
LAND TITLE
A`SOC1,I1,.N
Order No.: H0669883-043-1RD Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
SCHEDULE B
(Continued)
12. Intentionally omitted.
13. Intentionally omitted.
14. Terms, conditions, provisions, agreements and obligations contained in the Right of Way Easements and Licenses as
set forth below:
Recording Date:
Recording No.:
November 19, 1990
2233497.
15. All matters shown on the map of Recorded Exemption No. 1467-22-1-RE1300 recorded December 3, 1990 at
Reception No. 2234699.
16. Terms, conditions, provisions, agreements and obligations contained in the Water Service Agreement as set forth
below:
Recording Date:
Recording No:
and
Recording Date:
Recording No.:
17. Intentionally omitted.
February 4, 1991
2240458
February 19, 1991
2241599.
18. Request for Notification of Surface Development recorded June 19, 2019 at Reception No. 4498656 and Amended
Request for Notification of Surface Development recorded July 17, 2019 at Reception No. 4506259.
19. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey,
Job No.:
Dated:
Prepared by:
Matters shown:
22146
April 26, 2022
Rubino Surveying
Fence lines do not coincide with exact property lines.
20. Notwithstanding the Covered Risks as set forth in the policy, the Company does not insure against loss or damage
by reason of a lack of a right of access to and from the Land.
NOTE: This exception is necessary because one access point is not adjacent to the subject property and two points
of access reserved for the subject property in the Warranty Deed recorded April 18, 2000 at Reception No. 2762519
cannot be located by the surveyor. This exception may be deleted from the policy to be issued hereunder upon
receipt of evidence, satisfactory to the Company, of a right of legal access to and from I-25 Frontage Road.
Note: Item(s) above refer to recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from
the surface estate.
This is a pro forma policy furnished to or on behalf of the party to be insured. It neither reflects the present status of title,
nor is it intended to be a commitment to insured. The inclusion of endorsements as a part of the pro forma policy in no way
evidences the willingness of the company to provide any affirmative coverage shown therein. There are requirements which
must be met before a final policy can be issued in the same form as the pro forma policy. A commitment to insure setting
forth these requirements should be obtained from the Company.
81306B (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA ANIL RICAN
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
LAND TITLE
Order No.: H0669883-043-1RD Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
SCHEDULE B
(Continued)
Additional Matters may be added or other amendments may be made to this pro forma policy by reason of any defects, liens
or encumbrances that appear for the first time in the Public Records or come to the attention of the Company and are created
or attached between the issuance of this pro forma policy and the issuance of a policy of title insurance. The Company shall
have no liability because of such addition or amendment.
81306B (6/06)
ALTA Owner's Policy (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML RICAN
LAND TITLE
A`SOC1,I1,.N
Order No. H0669883-043-1RD Policy No. Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
PRO FORMA ENDORSEMENT
Attached to Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
Issued by
Commonwealth Land Title Insurance Company
The Company insures against loss or damage sustained by the Insured by reason of:
1. the failure of the Land to be contiguous to Lot B of Recorded Exemption No. 1467-22-1-RE1300 recorded
December 3, 1990 at Reception No. 2234699, Weld County records along the East, West and South boundary
line(s); or
2. the presence of any gaps, strips, or gores separating the contiguous boundary lines described above.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements to it.
Dated: PRO FORMA
Commonwealth Land Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
81E130 ALTA 19.1-06 Contiguity — Single Parcel (6-17-06) Page lof 1
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AML RICAN
LAND TITLE
A`SOC1,I1,.N
Order No. H0669883-043-1RD Policy No. Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
PRO FORMA ENDORSEMENT
Attached to Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
Issued by
Commonwealth Land Title Insurance Company
The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in
Schedule A to be the same as that identified as Lot A on the survey made by Rubino Surveying dated April 26, 2022, and
designated Job No. 22146.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements to it.
Dated: PRO FORMA
Commonwealth Land Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
81E494 ALTA 25.1-06 Same as Portion of Survey (10-16-08) Pa eg 1 of 1
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA ANIL RICAN
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land `AND TITLE
Title Association.
Order No. H0669883-043-1RD Policy No. Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
PRO FORMA ENDORSEMENT
Attached to Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
Issued by
Commonwealth Land Title Insurance Company
The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land to constitute a
lawfully created parcel according to the subdivision statutes and local subdivision ordinances applicable to the Land.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Commonwealth Land Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
81E496 ALTA 26-06 Subdivision (10-16-08)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Pa eg lof 1
AML RICAN
LAND TITLE
A`SOC1,I1,.N
Order No. H0669883-043-1RD-LVV Policy No. Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
PRO FORMA ENDORSEMENT
Attached to Policy No.: Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
Issued by
Commonwealth Land Title Insurance Company
When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability
under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were
issued electronically or lack signatures in accordance with the Conditions.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Commonwealth Land Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
81E746 ALTA 39-06 Policy Authentication (4-2-13) Pa eg 1 of 1
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA ANIL RICAN
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land `AND TITLE
Title Association.
Order No. H0669883-043-1RD-LVV Policy No. Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
PRO FORMA ENDORSEMENT
Attached to Policy No. Pro Forma-CO-FFAH-IMP-81306-1-22-H0669883
Issued By
Commonwealth Land Title Insurance Company
1. The insurance provided by this endorsement is subject to the exclusion in Section 4 of this endorsement; and the
Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the
policy.
2. For purposes of this endorsement only:
a. "Improvement" means a building, structure located on the surface of the Land, and any paved road,
walkway, parking area, driveway, or curb, affixed to the Land at Date of Policy and that by law constitutes
real property, but excluding any crops, landscaping, lawn, shrubbery, or trees.
b. "Future Improvement" means a building, structure, and any paved road, walkway, parking area, driveway,
or curb to be constructed on or affixed to the Land in the locations according to the Plans and that by law
will constitute real property, but excluding any crops, landscaping, lawn, shrubbery, or trees.
c. "Plans" means the survey, site and elevation plans or other depictions or drawings prepared by RidgeTop
Engineering & Consulting dated March 12, 2022, designated as Erie Industrial consisting of one sheet.
3. The Company insures against loss or damage sustained by the Insured by reason of the enforced removal or
alteration of an Improvement or a Future Improvement, resulting from the future exercise of any right existing at
Date of Policy to use the surface of the Land for the extraction or development of water excepted from the
description of the Land or excepted in Schedule B.
4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or
expenses) resulting from:
a. contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence; or
b. negligence by a person or an Entity exercising a right to extract or develop water; or
c. the exercise of the rights described in n/a.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: PRO FORMA
Commonwealth Land Title Insurance Company
Countersigned by:
Pro Forma Specimen
Authorized Signature
This is a Pro Forma Endorsement. It does not reflect the present state of the Title and is not a commitment to (i)
insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written
undertaking on appropriate forms of the Company.
ALTA 41.3-06 Water — Land Under Development (12-2-13) Pa eg 1 of 1
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA ANIL RICAN
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land `AND TITLE
Title Association.
Hello